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HomeMy WebLinkAboutJOHNSON FRANK & ASSOCIATES 1 - 2003N-2003-061 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this /~/~day of ,,Tt2~C_ 2003 by and between Johnson-Frank and Associates, a California corporation (hereinafter "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 i hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of surveying to measure manhole elevations. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2004, 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. INSURANCE ON FILE WORK MAY PROCEED Um L .SURANC EXtolS "5 , CLER Oe COUNCIL DATE= 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency City of Santa Ana 220 S. Daisy Avenue, Bldg A (M-85) Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Ray Burk and, 4 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Johnson-Frank and Associates 5150 E. Hunter Avenue Anaheim, California 92807 Telefacsimile (714) 777-8877 Attn: David Woolley A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior ~vritten consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement 5 shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City tmless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed bythe laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. PATRICIA E. HEALY' Clerk of the Council ~AMCITY OF S~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director of the Public Works Agency CONSULTANT 'DqAVID '02OOLLEY Vice President 7 Schedule of Hourly Rates for Services Performed by our Company for the City of Santa Ana on call survey Effective October 1, 2002 through September 30, 2003 Licensed Surveyor 9120.00 Technician/CAD Operator 985.00 One Person Survey Party w/equipment 9105.00 Two Person Survey Party w/equipment 9175.00 Three Person Survey Party w/equipment 9225.00 Rate to complete a sewer manhole template on a manhole that has an elevation 9236.00* per manhole *Leveling cost, if needed, will be an additional charge, determined on a case by case estimate. Clerical/Delivery Prints, research material & other incidental supplies Dual Frequency G.P.S.Equipment - 935.00 Cost + 10% 2 Units 9250/day 3 Units 9375/day 4 Units 9500/day Authorized overtime shall be charged et 1.35 times the regular rate except for Sundays and/or holidays. Rates for Sunday shall be 1,75 times the regular rate and for holidays it shall be 2.5 times the regular rates. Daily overtime billing for field survey work during Monday through Friday does not commence until 8 hours of on-site work has been completed. (Travel time is not charged at overtime rates.) The above rates are based on current wage and overhead costs and are subject to change in the same percentage as the change in wage rates in our agreement with Operating Engineers Local 12 Union, Said changes are effective October 1st of each year. S:\SHARED\RATES\2002-2003\Santa-ana-2002-2003 Manholes.DOC CS 357 FOILM: C ~1~ ....... d Serdngs',lshcedyLLogal Settin§s\Tem po rary Eat ernet Files\OLKA\Ag ....... Package ~o~ Johnson-Frank 2003-2OO3.do¢ EXHIBIT City of Santa Ana Update Of Sewer Facilities Master Plan Johnson-Frank & Associates Scope of Work and Technical Approach to Project Surveying Scope of Work: As requested additional sewer manholes shall be surveyed in the field with rim and flow line elevations collected. Survey elevations shall be measured to plus or minus 0.05 feet. The elevations used will be based on the Orange County Surveyor's published values. Currently there are 140 County Benchmarks within the City of Santa Ana. Each benchmark has NAVD 1929 as well as NAVD 1988 (1995 adjustment) elevations. On each manhole surveyed we will provide a template of the junction structure the vertical difference of the each of the inlets, outlet and center of manhole. The diameter of the pipe and pipe material will be noted when observable. In event that additional information is observable it will be noted. An example would be if there were apparent backfiow problems or broken structures. We will note the date and time that the observations were taken. The principle being that we may encounter a line at peak hours, which will be at maximum flow and the apparent surcharge, may only be related to the time of the observation. Upon completion of the field survey we will then provide a report to the engineer in charge. The report will include the benchmarks used, the NAVD 1988 elevation and the NAVD 1929 datum. The measurements collected from the field surveys will be shown on the sewer manhole templates and said templates delivered to the Project Engineer for his entry to the existing database. Technical Approach and Procedures: Naming and Numbering: The City of Santa Ana, Water Resources Division Project Engineer will designate the naming and/or numbering convention for each manhole surveyed. This will assist in our quality control and continuity within the project. We will work closely with the Project Engineer in determining our convention. Leveling We will use either the Wild digital level or one of our automatic conventional levels for all leveling on the project. The level circuit will be run and the results recorded and verified for compliance with project specifications. We will begin at the nearest County Benchmark or closest benchmarks established in the initial phase of the sewer manhole project and proceed towards the designated manhole. We believe that we can provide a rim elevation on many manholes between the designated manhole and the benchmark. This will not result in any measurable additional cost. This will result in a cost savings should the designated manhole be sealed or in an unsafe traffic situation. By establishing an elevation on several adjacent manholes we would not be required to set up levels through the preferred manhole. When we come to a problem manhole, we will request an alternate manhole from the Project Engineer. Each level run will be run between two benchmarks (County or Project) or based on a closed loop. Manhole inverts elevations and sketches: Each crew will be provided with standard sewer templates as used in the initial phase of this project. The field crew will fill in the designated blanks with the required information. It is understood that we cannot directly measure the invert on far side of the cone on an eccentric manhole and stay within our 0.05 feet specification. Typically, we measure from the far side of the rim to the invert; this is the equivalent of the hypotenuse ora right triangle. With this information and the measured vertical angle we can calculate the true vertical difference. We will record the both measurements; the hypotenuse and the vertical angle. We understand that the time required for measurements will vary based on the traffic situations and manhole locations. Reports: Upon receipt of all of the field data we will compile a report indexing our data and perform quality control of the information. This report will then be provided to the Project Engineer. We anticipate that the Project Engineer will then determine the consistency or inconsistency of the vertical datum. In the event that we are provided the data information we can add this information to our field sketches. For the purposes of this proposal we do not anticipate adding this information; this will be the responsibility of the Project Engineer. General Information: All work provided would be under the supervision of a Professional Land Surveyor. We will provide status reports at an interval that is satisfactory to the Project Engineer. 'ACORD. CERTIFICA'"' OF LIABILITY INSUP NCE PRbDUCER (949)263-0606 Complete Insurance, Inc. California BOI #0437762 lB00 Quail St,, Suite 410 Newport Beach, CA 92860 FAX (949)263-0906 DATE (M M/DD/~'¥) 11/26/2002 THIS CERTIFICATE IS Io~UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTF~ND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE '~N~URERC: (c/o Victor O. Schinnerer) SiSO E. Hunter Avenue Anaheim, CA 92807 THE POLICIES OF INSURANCE LISTED BELOW HAVE ~)EEN ISSUED TO THE IN~.URED N-/~MED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY C~N~RACT OR~O~H~E~CI~MENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER TAIN, THE INSURANCE AFFORDED BY THE PO[tC~,~)ESC RIB ED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BE~N~E~'DUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (M MIDD/¥Y) DATE (M MIDD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE  COMMERCIAL GENERAL LIABILITY E~RE DAMAGE (Any one fire) $ CLAIMR MARIE ~--] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PROBUCTS. COMP/Op AGG AUTOMOBILE LIABILITY COMBINED SrNGLE LIMIT $ __ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY -- NON.OWNED AUTOS (Per accident) $ __ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $  '&NY AUTO OTHER THAN EAACC $ AUTO ONLY AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ~ OCCUR [] CLAIMS MADE AGGREGATE $ $  DEDUCTIBLE $ RETENTION $ $ WC STATU- ~rofessional Liability LSA113802524 12/01/2002 12/01/2003 $1,000,000 Per Claim $2,000,000 Aggregate DESCRmPTmON OF OPERATmONSILOCATIONSNEHICLESIEXCLUSIONS AOOED BY ENDORSEMENT/SPECIAL PROVISIONS day notice Endt. 83118 included - 10 day notice applies to non-payment/~pi)j~OV~j~ AS_ __TO FORM CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION ACORD 95-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO the CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 CNA PROFESSIONAL LIABILITY ARCHITECTS/ENGINEERS - For All the Commitments You iMake® INSURED: Johnson-Frank & Associates, Inc. POLICY#: LSA113802524 EFFECTIVE: 12101102 ENDORSEMENTNUMBER: 1 ENDORSEMENT It is agreed that this policy ~vill not be cancelled until thirty (30) days prior ~vritten notice is given to: City of Santa Aha 20 Civic Center Plaza, 3ra Floor Santa Ana, CA 92701 All other provisions of this policy remain unchanged. No Signature nor Countersignature is required in the State of California 83-113 i lxl. 08/83) Countersigned by Authorized Representative Ai:i~RO'v'ED AS TO FORM Deputy City Attorney AcoRD, CERTIFICA_ OF LIABILITY INSUP NCE11/26/2002 PRO~CER (9¢9) 26)-0606 Complete Insurance, Inc. Californ'~a OOI #0437762 1500 Quail St., Suite 410 Newport Beach, CA 92660 FAX (949)263-0906 INSURED 3ohnson-Frank & Associates, Inc. 5150 E. Hunter Avenue Anaheim, CA 92807 COVERAGES THIS CERTIFICATE IS ,~$UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTF-~D OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: INSURERB (c/o Kemper KSA) INSURER C INSURER D INSURER E American Manufacturers Mutual 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 IN SURANC E 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 tNSR POLICY EFFECTIVE POUCY BXPIRATIOk LTR TYPE O~ INSURANCE POLICY NUMBER DATE (M MIDDIYY) DATE (M MIDDfYYI LIMITS GENERAL LIABIUTY 7RE65938S03 12/01/2002 12/01/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE CAMAGE (Any one fire) $ 100 ~ 000 [CLA[MSMADE I X IOCCUR MEDEXP(Anyoneper$on) $ 10,000 A PERSONAL & ADV INJURY $ 1,000,O00 GENERAL AGGREGATE $ ~, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 2,000~000 P I Y PRO A U~TOMOBILE LIABILITY F7RO0280601 12/01/2002 12/01/2003 COMBINED SINGLE LiMiT X ANY AUTO (Ea accident) 1,000,000 EXCESS UABILITY 7RE65938503 12/01/2002 12/01/2003 EACH OCCURRENCE $ 4,000,000 X~ OCCUR [~ CLArMS MADE AGGREGATE $ 4,000, 000 A $ /, ~f '/ /' E.L DISEASE. EA EMPLOYEE $ OTHER !'~/~::L: ~.!!I?'251; ~00 EL DISEASE-POLICYLIMIT $ CERTIFICATE HOLDER I I ADDITIONAL INSURED;INSURER LETTER -- CANCELLATION 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES ~E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WI L L B~]~ ¢~:~1~ MAIL DAYS WRI~FEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. ©ACORD CORPORATION 1988 ARCHITECTS AND i_ .GINEERS PROGRAM ENDOR~.._.MENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Johnson-Frank & Associates, Inc. American Manufacturers POLICY NUMBER: 7RE65938503 Mutual Insurance Co. POLICY PERIOD: 12/01/02 to 12/01/03 ADDITIONAL INSURED: City of Santa Aha, its officers, employees, agents and representatives This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY A. Additional Insured: The following is added to the Businessowners Liability Coverage Form, BP 71 08; Item 5. Of Section C. - WHO IS AN INSURED, is deleted and replaced by the following: 5. Additional Insureds- By Contract, Agreement Or Permit Any person or organization to whom or to which you are obligated by virture ora written contract, agreement or permit to provide such insurance as affored by this policy is an insured, but only with respect to liability arising out of: a. "Your work" for that insured by you; b. Permits issued by state or political subdivisions for operations performed by you; or c. Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury,' "property damage," "personal injury" or "advertising injury." B. Primary Coverage: With respect to claims arising out of the operations of the Named Insured, such insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the above Additional lnsureds. C. Waiver of Subrogation: Paragraph 2., of the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition, of the Businessowners Common Policy Conditions, BP 7l 10, is deleted and replaced by the following: 2. Applicable to Businessowners Liability Coverage: a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against any party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. After a loss you may waive your rights against another party in writing, only if, at the time of the loss, that party is one of the following: A business firm: 1) Owned or controlled by you; or 2) That owns or controls you. Countersigned by Authorized Representative BP 7434 (Ed. 07 99) Abbreviated APPROVED AS TO FORM '~a u ]/2 Sl~ccdy Deputy City Attorney Printed in U.S.A. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cedificate 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 (7/97)