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HomeMy WebLinkAboutLEIGHTON CONSULTING, INC. 1City of Santa t-ia Clerk of the Com- Al ( � AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in eftee. Return form to the Clerk of the Council Office(M-30). s Call 647-5237 if you have any questions.CITt CLEFUI --------------------------------- The agreement with Leighton Consulting, Inc. No. A-2003-21 and final payment has been made, Revised 07 23-07 was completed on 10/31/04 Department Design Engineering — PWA Phone/Ext.: 5664 Signature: Date: City of Santa Ana INSU'RANGE ON FILE A-2003-215 VcORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK I ! COUNCIL DATE; = CONSULTANT AGREEMENT Y ! J o. C `! THIS AGREEMENT made and entered into this &4h day of a_1076e 2003 by and between Leighton Consulting, Inc., 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental remediation. 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 environmental remediation services on an on -call basis, as set forth in City's Request for Proposal dated August 11, 2003, Consultant's Proposal dated August 25, 2003, both of which are incorporated in this Agreement by reference, and Consultant's Fee Schedule, attached hereto as Exhibit A. 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 $100,000.00 during the term of this Agreement. b. Consultant shall submit monthly invoices with a detailed statement of services performed during the period for which payment is requested. Payment by City shall be made within thirty (30) days following receipt of proper invoice, 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. "INFUWOiui This Agreement shall commence on November 10, 2003 and terminate on October 31, 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 Public Works and the City Attorney. 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. 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 negligent 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises from services provided pursuant to 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 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: and, Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-36) Santa Ana, California 92702 telefacsimile (714) 647-5635 Attn: Souri Amirani City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in ef. pR -9 ItrS ►fit• 52 Return form to the Clerk of the Council Office (M-30). , Call 647-5237 if you have any questions. CITY The agreement with Leighton Consulting, Inc. No. A-2003-215 and final payment has been made. Revised 07-23-07 ® City of Santa Ana was completed on 10/31/04 Department: Design Engineering - PWA Phone/Ext.: 5664 Jason Gabr I Signature: I Date: -OW4 /�0 To Consultant: Leighton Consulting, Inc. 17781 Cowan Irvine, California 92614 Telefacsimile (949) 250-1114 Attn: Kris Lotion 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 written 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 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 unless 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. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work -product resulting from the services provided. Said work product shall be submitted in a format as agreed between the Project Manager and Consultant. 14. 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. 15. 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 by the 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. 16. 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. 17. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVER AST 0 FORM: JOSEPH W.FLETCHER City Attorney By: , Laura Sheedy Assistant City Attorney CITY OF SANTA ANLCX�964'— A DAVID N. REAM City Manager CONSULTANT i� 49—�— KRIS LUTTON Managing Director Tax ID# j3—/(o�pp3 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is 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 additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Proposal for Environmental Rernedlatlon ConSUItant Services City of Santa Ana Prepared for the City of Santa Ana 2003 PREVAILING WAGE PROFESSIONAL ENVIRONMENTAL FEE SCHEDULE* LABOR FEES RATE/HOUR City of SA Principal.............................................................................. 160 $140 Senior Engineer/Geologist/Hydrogeologist/Program Manager. 140 125 Senior Project Engineer/Geologist/Scientist ............................ 125 120 Project Engineer/Geologist/Scientist/Construction Manager.... 110 100 Senior Staff Engineer/Geologist/Scientist................................ 95 85 Staff Engineer/Geologist/Scientist........................................... 85 Senior Technician/Foreman/Superintendent ........................... * 85 AutoCado Operator............................................................... 70 Technician II/Tradesman II .................................................... * 80 Contract Administrator/Project Coordinator ........................... 55 Word Processor.................................................................... 55 45 Tech n ician[Tradesman I ........................................................ * 70 Laborer................................................................................. * 70 Administrative Assistant........................................................ 50 45 * Indicates Prevailing Wage Rate Overtime for non-exempt personnel will be charged at 1.5 times the basic rate. Overtime is defined as the excess above 8 hours on weekdays, time before 8 a.m. or after 5 p.m., and all Saturdays, Sundays, and holidays. Expert witness testimony will be charged at one and one half times the above rates with a minimum charge of four hours. REIMBURSABLE EXPENSES Heavy equipment, subcontractor fees and expenses, supplemental insurance, travel, meals/lodging, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 15%, unless billed directly to, and paid by client. VEHICLE AND PER DIEM EXPENSES Service Vehicle Usage $75 per day Mileage Reimbursement $0.40 per mile This fee schedule is effective from January 1, 2003 through December 31, 2003. At the end of this period, it is subject to modification. Leighton Consulting, Inc. Proposal for Environmental Remediation Consultant Services Citv of Santa Ana EQUIPMENT RATES Service Vehicle Usage..................................................................... $75.00/day Database Report .............................................................................. $130.00/each Air Compressor (3-10 cfm).............................................................. $90.00/day Brass Soil Sample Tubes.................................................................. $6.00/each Disposable Bailer............................................................................ $10.00/each Electronic Well Sounder.................................................................. $25.00/day Hermit Data Logger.........................................................................Quote Other Hydrogeology Equipment (upon request) .............................. Quote pH Conductivity and Temperature Probes ....................................... $40.00/day Portable Generator (1-3 Kw)............................................................ $40.00/day Portable Generator (above 5-6 Kw) .................................................. $55.00/day Stainless Steel Bailer........................................................................ $20.00/day Submersible Pump.......................................................................... $150.00/day SurfacePump.................................................................................. $25.00/day Turbidity Meter............................................................................... $25.00/day Vapor Sampling Box........................................................................ $20.00/day HandAuger..................................................................................... $25.00/day Consumables (gloves, water, rope, soap, etc.) ................................. $25.00/day Level B Protection........................................................................... $200.00/day Level C Protection........................................................................... $120.00/day Level D Protection........................................................................... No Charge Tyvek Suit....................................................................................... $10.00/each Photoicnization Detector(PID)........................................................ $100.00/day Combustible Gas Meter (LEL/02).................................................... $50.00/day Infrared Spectrophotometer (for methane testing) ............................ $75.00/day Leighton Consulting, Inc. 2 GIraRW- AROMA . mrnon ACOBDT. CkRTIFICATE OF LIABILITY INSURANCE �,"yn AnnehenglRdtilhiDe N W✓}IneNV 630 Lan1ed01f arm slob PO Bair 34M Pu1kRDn, CA 92134640E TM CERTI UIV130SUEDASAKAMkOFINFORMATM ONLY AND 06NFENS NO NQlRD UPON THE OERTIMCATE HOLDER. THIN Cli"PICATC DOEO NOT AMEND, zKMO ALT1R THE OOVERAOE APPOR0ID BY THIN PO ANS OR 6l I03URERSAPPORDIN000VSKAOE MAICS MEUIMsi LEIOMTON CONSULTINGI, INC. A -Qoo3 - 715 1fl11 Cowen Eh. 100 In4no, CA 12614-9000 N+u A x n Ine CO A++x1! NauREA a Affif n eeenom INXJNR ffmmm D IMIURERC rnw uam THI FOUOIEE OF INaUMMM LISTED BELOW HAVE eEEN Matim TO THE INSURED NAM ABOVE FOR TFIE POUCY PERIOD IHOICAIM. NOTVNM4VANDIND ANY REOUIRIMENT, TERM OR OONOITION OF MNdONYRAW OR OTHER DOCUMENT WITH r1ESPEOT TO W WGN THIe GERTIPICATG MAY BE ISSUED OR WAY PERTAIN. THE INEURANCI APPMED BT THE POUCIEE DiBORISM HEREIN IS SURAOrTo ALL THE TEAMI, NNCLIIeICN■ AND DONOM" OF MUCH PONOIP. AOORNATI UNITE SHOWN MAY HAVE WEN RINWO BY PAID Win TYPE ei MMAm" "Mu tMMn w 0lmmA IL IJAAAAT CAM WADI L31 0000 OA33M 0211444 02H4N1a Ugh OCOUYINNOR 0 MIND CK! L"AnAlawwdw Pa" NAL LAOV INJIMY 11,21109 OENERN. 4a0 OoTE ww Aeon OATIN LSAT APR AER: eT x LOe PROOUCTI-eamwo ampall 6' +UrOAdMLeLMeLR�, AM'Ayrp A LOrV#kO ( aaEDuun AMror NINE) AVFMS NORWMED AIJroe 02CED034002 /'�� v 01M44M 021140 pOi1NE0eINGLELiam tt�+.wd 000. MewLrMuuRr iry er.re'II N iOMLY INJURY X PRCSSRYT MNAaC R.rrdin.D T RA LIAWTV 'u+TO wT0 ONLY •EAAWDENY + aTNCRTNAN E wTOONL + + A ANUUMBOS"u!AV[LrrT Ell AJ ocam ❑ aAlmr woo roue*Eu: 616000 7020190 904104 02N410a WH roe tuAR "0.010 e4 000 AGGM"TS 1 TNOOM OOePOnAlraJ AM uq%ovwLDi1TY A:=mm% u" 'OAcIR'MC.Mep ueweAAR TWO e N Ocrr - E aEMe-MA EliM.OYE 1 A wromPiohm lonsl PODUEOn Lich e 11S4751 1 02114f04 02M4/0N U,000.000PHCalm 14,000,000 ADaregare 225 f{hl r.ap I LOGATIDNI IVINIOLMUSLUSION1 ASOpaNEN000+e wlW QA. AM mom ➢ry Np1b! Of CeneNlaNen faT Non Plyment or Pnmlum oeh holder to namid as edditjaml Insursd on general liability perAddldonal ured Ownsn, Le QV Contraden (Fowl /) endenTement LXO/q 01118 atbehed to the Potloy a requhW by wrln contnet ('3aa A1apMd DaedpdORq (LC)CrW of luts Ara 20 QNNc Confer Pima suHs Ana, CA $2701 013 9=3112e111123T001 SHMnA ANTDrTHM AeWS OWNWO rOUCaIt FJMULLJO OMPOM THIMUIION eATe ngleeP,THi RwIel0lNMllIM MNLLRNOMveRYO MNL 43A DATAonurm NOME TOY"204 NGTE 11=0 MAMM TO TM LIM VAR $AR Me TO 00 60 MIALL WON NO 0066ATIN OR UAW" OF ANY Wile WOMTNE NMttgLRS AWNra OR £0•d bS:6 v00L 9 .ady S£9S—LV9—VTz:XP3 'Id Gd2 9N3 — d S AED I. I , l IMPORTANT M the cerdaoste holder Is an AOOMONAL INSURED, the polleyve6)must be endorsed. Astatement of this garb iGate does not confer rights to the aenlflsme holder In lieu of such endon samard(e). 0 SU6ROOATION W WAIVM subject to the temis and condtllom of the polloy, dehaln pollclse may require an ondorsemam A slamnard on 016 ceriffil iO does not corder nghte to the o"cats holder In Ilse of such andoreemem(a). DISCLAIMER The Cartlacate of Insurenes on the reverse aide of tNo form 4606 not Constitute a oordmat between the lesuing in6uraO), authertted representative or producer, end the cerfific" holder, nor doe6 If of ristivay or nogaCvely amend, extend or alter ihs coverage afforded by the policies Ileted ftmn. t i ACCORD 2" (4901111) g of 3 tee23ee2L M 21wo v0'd SS:6 VOOZ 9 .Add SE9S—Lb9—VU:x2d '-ld &E 9N3 — U S AiD OE$CRIPTION9 (Continued from Page 1) AM All MY Me rrol@M Caroads Nalderto le4lllde; The CHy of chats An1410 CMa Canter ph= calm Me, crfomla IVCI; Ira oMcmra, omployaaa, agantel R0lare and nwraaanmdvu arm named an eddMonal Infureda as per n conva�ot. i .I r c` 2k AMA a.I (WIM 11 a of a I'S2311191MI3+909 SO'd SS:6 v00L 9 add S29S-LV9-VTL:XE3 '-ld ad2 9N3 - U S AiID Endersement Thu mdotysmn:t, @&t;dva 12:01 AM 2I14I04 per=0 of policy no.: 0453280 Laub r, Laiglnon Graup lee, L4*ten C Pulttng lne, LeighNn & Anooign [no, Gradient Bntirlam be. mil Teratest Labe Inc. By-LeRingtoelmtanttce Company (AM Best Rating..... A++XV) ADDITIONAL INSURED OWNERS, LESSEES OR COIYTRACPOtte (FORM H) This ondamement modifies ineurmoo provided under the fallowing! COMMERCIAL CIENHRAL LIABILITY COVERAGE PART. SCHEDULE Nsmo of Person or Orgmizatlon: The City of Santa An4 20 Civio CentVPlaa, Santa Ana, CeHfltrnia 92701 it's officers, nnployeea. atents, volunteers and reprraematives RE: All City Wide Prgjeft (LEWD ottiry appears above, infbrrmlon required to complete this endorsement will be shown in the Ceclsmices as applicable to this endoreoment.) .WHO IS AN INSURED (Section 11) is smmdcd to include as an insured tho Gerson or organization shown In the Sehadutd, but only with respect to Babllity arising out of "Your wark" for that ine4rod by or for you. IT 10 AOR9ID TH&T THIS POLICY 5 PRO"Y AS RR9nm ANY INavRANCE MAINIAmEa BY THE ADI)MONAL 1N01JNO AND THAT SUM NBUAANCI MAMTAN60 SYTHI ADDITIONAL rxatl= I9 9WM AND Nor!. ftISAOR WINATTHErNSlR1ANCECO?8ANYSHALLAFFORDORPROVIDBTHIRTY(30)DAYSwasTf9N NOTICE OF CANCiUATION TO THEINSLM IN TIM VYW OF CANCIII.IATION OR MA72RIAL Rmr WON IN OOVERAOE AU001aditairimmtsdiwer CamRniry an (in naln where "Umble) LXG869 01l95) bXaaa9 90'd SS:6 b00Z 9 .Jdy S£9S-1b9—biz:XlPJ '33J G?i 9N3 — d S AM imm a+ cigar ir.a� rm WCD ICRIY mLap, 6hI UIKLl 1a MOM .]1Ca la P. cif B }' • 1 I t ...r_r.,.,..•.,... � _.../�,j�1'HdI�IA� IN■NAilp �gN■ORA■1Y11!■it ?AU ■ 1• ; Insurance Company G c w13466 T� r This an nioniont mcWlllea a4oti Insursnea as le afti dad by the provlelcn■ of Poilcy N rolat)nd to Site fclkwrig: 'za.A G `rho Clty of Santa Ana, 90 CMO Cohior Plons, $antis Ana, Oatlfornta 12701:14 officers, employees, agents, volunteers and roprssentsth►ea are namad me Militia"; Insureds C444111onCl insured) With raoard to liability and defense of Nulls arising film Site epeftome and uses parfornted by or on behalf of the named lnsuradl 2. With reopepl to claims arlsihe MA of the operafiona and uses performed by or on baltalt of the named insured, such lrmm nee as is afordsd by this policy is Pflrnay and Is noteddalonal to or carb2 ling with any other InsUronce oaMt#d by or for the b*6* oftlts additional insureds. I! 'This Insurarm applies sapora" to each insured %ma►net wham Wolin is made er cult lo brought euoapt wit taspsd to lhs oampany's llmlts of Ilabliky. The Induabnlorany parwn ororQenhade as an Insured shall hot affect shy tight which such gerltan or orpanizallon would have as a claimant if net so IRdµdod. Wdh respect to Me addrfiefiel Insured&, thin 1houranOB shall net be Or Materially reduced In eevereQe or Ilmds ereepf "or thirty (30) days wftn bean gN" to the My of 9aMs Ma, 20 Civic Oanter Plan.'ardo Ann, dthn fellowlnti. In4hldihp eeunteralaneslro. Is required m make fhls sffadtive,) this ehdommerit forth as a part of Issued to P Nenfad IrrNurod -- I 0ounteralpned by �- auShafted Ft4 eaer,+.t►�+ c/f s -k TOTAL PAee.e3 *W it SS:6 v00Z 9 JdH S£9S-Lb9-vTZ:x2J 'l3 GN5� 9N3 - H S AiIJ GENTIFM7ATE HOLMft COPY STATE P.D. aox 42M?, SAN FRMGIBCO, GA' 94u2-=-f � ...■NSA M I IisY RAM � , FUND CERTII°ICATE OF WORKERS' CflNSASION INSURANCE APRIL s, 2'00 4 papRt�ouyATE ukvy .CEFtTY4 �s�issl coos OE MPIWE EXPIRES: os-of-2oo4 CITY OF SAM, :.. ATTMI aet>kl:ludr'iz: .. . 20 CIVIC CmeT='7Lxan ARMSA ANA CA Ra701 CITY OF BAtI'1'A AMA -ALL CITYM211d PA04tCIe, ITo is 10 co lwrplwe me vm ma laa qlI v w WNW* Cmpaer tlr polnMtl011 Mnrm oaft Ina knn e4Pro"d by toOefimle q�patod• ; TNM MW Is not OUNSO D 6er01WM bY'ft Fun# an=$ upoR,,O MKMdQwN" wlMw►m Ww to ft emp%W. we M 100e.0" OY .30 dOA sdvana MOM "MO* poft.bA 0000" alarm Me normal explro0ne. TNeoeNAo of b�, _k_ _IRd en meluaa ._May and dow.nt# ward a mkw Ow coverage atbrdad by the aalase Road now, o ay ro�.Rl° elk bwwama�wtl 6 my ammW er ather doa,mem �, de b d h m a th .1 I w wrol may an�nndd wnd94" vr;, thop lane. a anbrded by tl� 4oNoae ,III'I� e��AL NRUOR20REPOMOOSM "mow." EMPLDYM 9 LIMkLITY LIMIT INCLMIM'DZFSNSS COflTB: j1,000,000 PSA OCCURRENC$ RtIp"JA IEMT i$045 tlai'PITLiD C$RTI9TCAT6 $OLO)!A9' MOTiCt! EFPBCTIVB 09-01-7003 I6 ATTACHED TO AMD'FORM A PART OS TRIG POLICY. , hr L):IO'HT01T• OB10VP, .IHC..DDA: L$EO>ti'1'OH CGNSULTI90,: INC. 17791 CDMAN BTZ:.100 iRYi>aA CA 97451;, ,..... Emil, g IEPWI:611 80'd SS:6 v00Z 9 .add S19S-ZV9-vTZ:xPA '7d G& 9N3 - H S AIIO r`I:e.rik• 1f10SA i FIr_,ftOr\OD ACORDD CERTIFICATE OF LIABILITY INSURANCE oz/;oa °""Y" PRODUCER Armstrong/Robitaille Bus&lnsSv 680 Lan sdorf Drive #100 9 PO Box 34009 Fullerton, CA 92834-9409 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Leighton Consulting Inc q _ ;C�{ _�o 3._C1 17781 Cowan Ste. 100 fj Irvine, CA 92614-60A092`� A --I 0 vO� INSURER A: Lexington Ins CO (A++XV) INSURER B: American Economy (AXV) INSURER C: INSURER D. INSURER E: nnvoennce 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR LTR ANSRDD � TYPE OF INSURANCE POLICY NUMBER POLICY DATE DATE M OD POLICY MIPV DMI OAT M AR LIMITS A GENERAL LIABILITY 1411823 02/14/05 02/14/06 EACH OCCURRENCE $1 OOOOOO DAMAGETORENTED $50000 X COMMERCIALGENERALUABLITY CLAIMS MADE a OCCUR MED EXP Any one person) sexeiuded PERSONAL B ADV INJURY E1000000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPUES PER: PRODUCTS - COMPrOP AGO E2 000 000 $5000000 POUGY X %cor X LOG Overall Polic General Aggregate B AUTOMOBILE X LIABILITY ANY AUTO 02CE00346030 02/14/05 02/14/06 COMBINED SINGLE LIMIT (Ee.dd.denf) g1 ,DOOrBDD BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per eccidn,H = X X HIRED AUTOS NON OWNED AUTOS PROPERTY DAMAGE IParacndonr7 E GARAGE LIABILITY AUTOCNLY-EAACCIDENT S OTHFR THAN FA ACC S ANYAUIO E AUTO ONLY: AGO EXCESSNMBRELLA LIABILITY EACH OCCURRFNCE E OCCUR GIAIMS MADE AGGREGATE S $ DEDUCTIBLE _ 5 E RETENTION S WORKERS COMPENSATION AND WC U- STATOTIb EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE EL EACH ACCIDENT E E. L DISEASE EA EMPLOYEE S OFFICERMEMBER EXCLUDED? If yad descdee ender SPF.CIALPRDVI$IOMSCebw EL DISEASE -POLICY LIMIT S A OTHER Professional 1155266 02/14/05 02/14/06 $2,000,000 Per Claim Pollution Liab $4,000,000 Aggregate Claims Made $25,000 Deductible L� 1 DESCRIPTION OF OPERATIONS ( LOCATIONS IVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS /`(T )Jp (, �r L,i _\1 i (% t (%1Z'.�) 'Ten Day Notice of Cancellation for Non Payment of Premium \V Additional Insured and Primary Insurance on General Liability applies per Lexington's Additional Insured Owners, Lessees or Contractors (Form B) endorsement LX0869 01/95 attached to the policy as required by written contract ra (See Attached Descriptions) (LC)City of Santa Ana Public Works Agency 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 ACORD 25 (2001/08) 1 of 3 61U1266931 IGULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ITE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -In DAYS WRITTEN )TICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE KGR © ACORD CORPORATION 198E 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. VPPROVED AS 7'0 I'U!aLl Laura Sett Shccu� 1si;t,tnt City Att: r:I \ ACORD 25-S (2001/08) 2 of 3 #M266931 DESCRIPTIONS (Continued from Page 1) Re: Job No. 009998601 - Enviromental Remediation Consulting Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured per written contract - APPROVED AS TO FORM Laura Stitt Shccdy A"istam City Atlorm-r AMS 25.3 (2001108) 3 of 3 #M266931 Endorsement This endorsement, effective 12:01 AM 2/14/05 Forms a part of policy no.: 1411823 Issued to: Leighton Group Inc, Leighton Consulting Inc, Leighton & Associates Inc, Gradient Engineers Inc. and Teratest Labs Inc. By: Lexington Insurance Company (AM Best Rating..,.,A++ XV) ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: (LC)City of Santa Ana; Public Works Agency 20 Civic Center Plaza, 4th Floor Santa Ana, CA. 92701 Re: Job No. 009998601 - Enviromental Remediation Consulting Services City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured per written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of `your work" for that insured by or for you. IT 1S AGREED THAT THIS POLICY IS PRIMARY AS RESPECTS ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED AND THAT SUCH INSURANCE MAINTAINED BY THE ADDITIONAL INSURED IS EXCESS AND NON- CONTRIBUTORY WITH THIS POLICY AS RESPECTS TO WORK PREFORMED BY THE NAMED INSURED IT IS AGREED THAT THE INSURANCE COMPANY SHALL AFFORD OR PROVIDE THIRTY (30) DAYS WRITTEN NOTICE OF CANCELLATION TO THE INSURED IN THE EVENT OF CANCELLATION OR MATERIAL REDUCTION IN COVERAGE LX0869 (01/95) LX0869 \PPROtiL-l) ;%s 10 j�C)Wm -- L:l lira Jtitt Shred} V��171,1a1 Lit, \t[Ornet 6% 16-,4 . Authorized Representauve or Countersignature (In states where applicable) SG POLICYHOLDER COPY STATE P.O. BOX 807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-01-2004 GROUP: POLICY NUMBER: ISS9551-2004 CERTIFICATE ID: 283 CERTIFICATE EXPIRES: 09-01-2005 09-01-2004/09-01-2005 CITY OF SANTA ANA PUBLIC WORKS SG 20 CIVIC CENTER PLAZA M-93 SANTA ANA CA 92702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer. We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. A c . 64 AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000.00 PER OCCURRENCE. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LEIGHTON GROUP, INC. 17781 COWAN STE 100 IRVINE CA 92614 (REV.3-03) \1) r(jeZlJ6 Cty i LEGAL NAME LEIGHTON GROUP, INC. PRINTED: 08/17/2004