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HomeMy WebLinkAboutCALVADA ENVIRONMENTAL SERVICES, INC. (2) -2004 .' INSURANCE ON FILE WORK MA'Y PROCEED UNTil I SUR NCE ,E-PIRES / :;. 05 ClE K OF CO~NCllf CONSULTANT AGREEMENT DATE: tr /J-J. loti THIS AGREEMENT, made and entered into this 1st day of June , 2004 by and between Calvada Environmental Services, 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"). N-2004-0n . ef t-v' ~ .r: 6-.,rJ..~ C'. liJJfr RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental assessment services. 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 assessment services, including, but not limited to, lead based paint and asbestos surveys, 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 I'.~ This Agreement shall commence on the date first written above and terminate on June 30, 2005, 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 Community Development Agency 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 ofthis 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. If Consultant is or employs a licensed professional such as an architect or engineer: 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: (iii) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (i) (ii) 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 I 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: Executive Director of Community Development Housing Division City of Santa Ana 20 Civic Center Plaza (M-37) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 667-2225 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 4 . . " . E~t~--".t:.\ Calvada S\MveYlI'I.g, Inc. . 108 Business Center Drive Corona, California 92880 Telefacsimile (909) 280-9746 Attn: A rrmmrJo DHPØRt ~ \Tv<. ':"~1 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. cçe.rJ'(p~ f 1}J( . To Consultant: 1.l~ 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. TERMINA TION 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: 5 . \ " 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. 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 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. 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 6 . ~ , ' .' 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 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. /A~~. ST. . ~ f-L~~'I . PATRICIA E, HEALY 1 Clerk of the Council CITY OF SANTA ANA - ~..."cd f _c',-- y~ .~- 6A~N.REAM -¿~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ~. (~\ ' ~~~r~ [~~~di( '.0\\0,(\ II Assistant City Attorney I RECOMMENDED FOR APPROVAL: CONSULTANT mI~STIN Executive Director of the Community Development Agency 7 . " II II II " ~ , I q -.-,,<"-,,""" ,~._,..-I'>------""'-*"';'~";O:K""'-~"'?'-':":'~~~;,!?:,::~ - -.. - - -, -- '" The cost breakdown associated for this proposal are on a fixed fee basis. They are outlined as follows: FIXED FEE SCHEDULE Phase I ESA......... ...................................................... ................... .......... 0""':"""""""""""""" $ 1/750.00 Asbestos Survey Single Family Residence (1000-1500 S.P.) ""'"'''''' ................................... """""""'''''''''''''''''''' $299.00 Single Family Residence (1000-1500 S.P.) .................... ...... "'"'''''''''''''''''''''''''''' ......... .............. $345.00 Multi -Family Dwelling (2 -4 units).... ......... ""'''''''''''' ............ """'''''''''''''''''' ............. ....... ......... $389,00 Multi -Family Dwelling (2-4 units)..... ....,.................. ... "'" ""'''''''''''''''''''''' ...... ..0....,. """'"'''''''' $415.00 Lead Based Paint Survey Single Family Residence (1000-1500 S.P.) .................................................................................. $199.00 Single Family Residence (1000-1500 SoP.) '''''''''''''''''''''''''''''''' .................................................. $223.00 Mul ti - Family Dwelling (2-4 units). """"""""""""''''''''''''''''''''''''.........0........................... "'''''' $248.00 Mul ti - Famil y Dwelling (2-4 units)........ 0""""'''''''''''''''''''''''''''''''''''''''''''''''' '"'''''''''''''''''''''''''' $274.00 In the event a Phase II and/or a Phase III are required, our hourly rate is detailed below. Calvada will provide a detailed scope of services as per our hourly rate should additional work be required. Professional - Environmental Field Assistant/Technician Sampler / Assistant Project Personnel Staff Geologist/Environmental Scientist Project Geologist/Environmental Scientist Senior Geologist/Hydrogeologist Senior Project Manager/Civil Engineer Survey / Abatement Monitoring Senior Certified Industrial Hygienist Director /Principal/Senior Consultant $ 45.00 $ 55.00 $ 65.00 $ 75.00 $ 85.00 $ 99.00 $ 57.00 $ 105.00 $ 120.00 CAlVADA EXHIBIT A ... , I , 0 I I I I I I r .. - . . >J......, :.'-,,", -~,.-',,::,::;:..::.o:::Z;''"::~::'''':~7''?~r~...~:~,':,; . ' . '. , - - '.~ -'.. . " Miscellaneous Charges Photo Ionization Detectors XRF Undisturbed Samples Passenger Car Truck $ 50.00/ day $100.00/day $ 5.00 / sample $ 0.35/mile $ 0.35/mile with a minimum of $ 35/day The use of specialized equipment, such as survey equipment, magnetometer, air-sampling pumps, water pumps or level recorders, etc., will be charged at an hourly or daily rate. Reimbursable Items Outside services performed by others and direct expenses incurred on Riverside behalf are charged at 1.1 times Consultant's cost. Such items include, but are not limited to, outside consultants and testing laboratories, rental and operation of drilling, and other field equipment, long-distance communications, subsistence, transportation charges, auto rental, freight, and any special permits and inspection fees. Calvada appreciates the opportunity to submit this proposal. If you have any questions or need clarification regarding this proposal, please do not hesitate to contact the undersigned at (909) 736-1217. Sincerely, ~~L- T~h; Dr-ane Exec. V.P./Director of Environmental Attachments: Insurance Certification Resumes / Certifications CAlVADA .... , ' , . 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 9270 I, (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 8 . , il. 'y I b 2 0 il j -I 0 ' 2 9 ^ M---- 7-' -~'--'-- ...-- -- . -------~-------_""--_--.N i) , 2 % S ----..P, 5/l_____~- ('~ ')\ ¿.;'~:{ [~\;~. }', DAlE (MMIDD/VY) í C '::D7~î'~¡rt-\T'':'' (~.- 7 ;; '~..j."11 '~{j\J'\fl."'\E . --'-----""--'''''.' TM. .-.h. 'I H ~ ..r. ., t: .-l't' >',l¡"",h 'l'l,.-. MAY 14 0,; _.~-........,.--.,.,.... ~~.-~.-. PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J, HALL & COMPANY NE INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1957810TH AVENUE N.E. HQLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BElOW. PHONE: (360) 598-3700 FAX: (360) 598.3703 Aaencv Llc#: 0792445 INSURERS AFFORDING COVERAGE NAlC# INSURED . .. INSURER A; llOYD'S OF LONDON CAlVADA ENVIRONMENTAL SERVICES, INSURER B: FIDELITY GUARANTY INSURANCE CO INC INSURER c: 108 BUSINESS CENTER DR. CORONA CA 92880 INSURER D: . INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING AtlY REQUIREMENT. TERM OR CONDITION Of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlF.ICATE W\.Y BE ISSUED OR ' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POlICIES DESCRlBEO HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE B.EEN REDUCED BY PAID CLAIMS. I/oiS TYPë OF INSURANCE POLICY NUMBER P~~~~~~ ~~J,~ UMlTS \.7 ~NERAI. UABllfTY BK01893708 APR 21 04 APR 21 05 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAlllAP'lfTY DAMAGE TO RENTEO $ 300,000 - bCLAIMSMADE W OCCUR MED. EXP (Any 0... Penopnl $ 10,000 - B PERSONAl & AfÝoIINJURY $ 1,000,000 I--- GENERAl AGGREGATE $ 2,000,000 I--- 2,000,000 Gl;N'l AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPJOP AGG. $ h POLICY n~^_~. n,,,,-, ~OMOBllE llASllfTY BK01893708 APR 21 04 APR 21 05 COMBINED SINGLE UMIT 1,000,000 (Ea acódentl S - ÞNiAUTO All OWNED AUTOS BODILY INJURY - (Per person) S - SQf8>UlEO AUTOS B ~ HIRED AUTOS BODilY INJURY $ ~ NDN-<>WNEDAUTOS (per accident) - PROPERTY DAMAGE S GARAGE lIABilITY AUTO ONl. Y . EA ACCIDENT $ ==t ANY AUTO / OTHER THAN EA ACC $ AUTO ONt Y: AGG S OESS I UMBERElLA LIABILITY /c;/I Z/ov V EACH OCCURRENCE $ OCCUR 0 CLAIMS'MADe ' If? gvrr~ AGGREGATE $ rt6 -V~ {, s R DEDUCTIBlE $ RETENTION $ $ WORKERS COMPENSATION AND I we STAT\}. I IÒTHEII EMPLOYERS' LIABIUTY E.l. EACH ACCIDENT $ ANY PROPRlETORIPAATHERlEXECI111VE OFFICER/_Eft EXCWOED7 f.l. DISEASE-EA EMPLOYEE $ If '.'So dt4çrtÞ8l1nder E.l. DJSEASE-POllCY UMIT $ SPECIAL PROVISIONS btlow OTHER: tlCP2342 APR 21 04 APR 21 05 $1,000,000 EACH CLAIM A PROFESSIONAL LIABILITY $1,000,000 AGGREGATE CLAIMS MADE FORM RETRO DATE 03/01189 DESCRIPTION OF OPERATlONS/LOCATIONlVEHICLES/EXCLUSIONS ADDED ENDORSEMENTI SPECIAL PROVISIONS PROJECT: CES THE CITY OF SANTA ANA IS ADDIONAlINSURED ON GENERAL LIABILITY AS RESPECTS LIABILITY ARISING OUT OF ACTIVITIES BY, OR ON BEHAlF OF THE NAMED INSURED AS PER ATTACHED FORM CG 20 10. CERTIFICATE HOLDER X I ADDITIONAl INSURED: INSURER lETTER: CANCELLATION SHOUlD ANY OF THE AWVE DESCRIBED POlICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will MAIL 30 DAYS WRITTEN NOT,œ TO THE CERTifICATE HOLDER NAMED TO THE LEFT FOR THE CITY OF SANTA ANA PO BOX 1988 M-26 SANTA ANA, CA 92701 AlTrnOR/ZED REPRESENTATIVE ~/~ A"ention: HOUSING & NEIGHBORHOOD DEVEL ACORD 25 (2001/08) Certificale # 24973 Matthew l. Copus I J t MaY.14, 2004 ¡0:29AM No,2956 p, 6/7 POLICY NUMBER: BK01893708 COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE-POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY Name of Person or Organization; SCHEDULE THE CITY OF SANTA ANA PO BOX 1988 M-26 SANTA ANA, CA 92701 , .,. (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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 ~ 7 ;0-- CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 24973 t May,11. 2004 10:29AM No.2956 p. 7/7 PQL:C\' N~J~JÍ2.ER: ßi(O"1083708 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ THIS CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance is primary for the person or organization shown in the schedule, but only with respect to liability arising out of your work ot that Insured by or for you, Other Insursoce afforded to that Insured wUl apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other endorsement provisions, conditions and èxclusions of this insurance shall remain unchanged and apply to the additional insured and described below. SCHEDULE ADDITIONAL INSURED THE CITY OF SANTA ANA PO BOX 1988 M-26 SANTA ANA, CA 92701 CONTRACT/PROJECT .,. NAMED INSURED CAL V ADA ENVIRONMENTAL SERVICES,INC '108 BUSINESS CENTER DR. CORO /~7y(S- Certificate # 24973 - ACORD,' CERTIFICATE OF LIABILITY INSURANCE D;;;;~~D;~~) 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 C VER D I INSURERS AFFORDING COVERAGE COVERAGES IMSEOl F2 THE POLICIES OF IN URANCE 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 NSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDrTlONS OF SUCH POLICIES. AGGRE E LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE l TR POlICY NUMBER DATE MMlDD1YY , Locklon In~rance Brokers, Inc. PRODUCER 725 S. Fig 'eroa Street, 35th FI. CA Ucens #0714705 Los Angele CA 90017 (213) 689 5 mSURED t Kimstaff H 1018997 17872 Co nAve. Irvine CA 614 ~ ....-"- INSURERA: SelfInsured INSURER B : NOT APPLICABLE GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S LOC NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) BDDll Y INJURY (Per person) BODll Y INJURY (Per acciden') PROPERTY DAMAGE (Per accident) AUTO ONLY - EAACCIDENT S ANY AUTO NOT APPLICABLE OTHER THAN AUTO ONLY: EA ACC S AGG S S EXCESS lIABIUTY ! OCCUR 0 CLAIMS MADE NOT APPLICABLE EACH OCCURRENCE AGGREGATE A A 04/0112003 04/01/2003 CERTIFICATE NO. 2279 (KIMC CERT. NO. 2279-A (KIMSTAFF) E.L EACH ACCIDENT E.L DISEASE - EA EMPLOYEE S , I , I I . OTHER ¡ El. DISEASE. POLICY LIMIT S lIMITS xxxxxxx XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX xxxxxxx XXXXXXX XXXXXXX DESCRIPTION OF OPERA IONSIlOCA TIONSNEHlClESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Rc: Employees of Ca ada Environmental Services, Inc. ADDITIONAL INSURED' INSURER LETTER: CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EJ(PIRA TION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABIlITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I\CORD 25-5 (7/97) FOt questions r8vanling this certificate. c.ontaÇ1 the numlMr list'" in the "Produc"" ~tion abow and specify the etienl cod. 'KI EO", NUMBEB 2279-A STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS OFFICE OF THE DiRECTOR . CERTIFICATE OF CONSENT TO SELF-INSURE KimstaffHR, Inc. (a California corporation) THIS IS TO CERTIFY, That___-~~Ë..~l~}!!:Y__2.tJSjm_QQ Staf(!n.9._~.!rvlc~ Inc.--___----- has complied with the requirements of the Director of Industrial Relations under the provisions of Sections 3700 to 3705, inclnsive, of the Labor Code of the State of California and is hereby granted this Certificate of Consent to Se1£-Insure. .- This certi.fìcate may be revoked at any time for good cause shown.. EI"I"II:CTIVEI TH .:J..!! DEPARTMENT OF INDUSTRIAL RELATIONS . ~OTw;~"O.N ' CHUCK CAKE DAY Ol"~ April 1. 2003 DI!,ICT" . Revocation of CertiBcate.-"A certiBcate of consent to self.lnsure may be revokld by the Director of Industrial Relations at .any time for p;ood caUSe after a hearing. Good cause Includes, among other thinp;s, the impairment of the solvency of huch employer, the inability of the employer to'fu1BU- hb oblJ tations. or the practice by such employer or his a !'ent in chal'p;e of the administration of obliltatJons under this dlvúion of an)' of thefollowin !': (a) Habitually and u a matter of practice and custoin inducing claimants for compensation to accept less than the comperuation due or uWdnl!' it necessary for them to resort to proceedlnltl 8¡tainst the employer to secure the compensation due; (b) Discbal'ltlnlt bls comperuatioh obliltations in a dishonest manner: (c) Dischantinp; his comperuatlon obligations in such a manner as to cause. In uryto the public or those dealinst with him:' (Section 3702 of Labor Code.) The CertiBcate may be revoked for noncompliance with Title 8, CalifOrnia Adm.inbtrative Code, Group 2-Admin¡'tration of Self-Insurance. t I I I I The cost breakdown associated for this' proposal are on a fixed fee basis. They are outlined as follows: FIXED FEE SCHEDULE Phase I ESA...... ....... ..... ...... "'''''''''''''''''''' ..,.... .......... ........ ....... ........... .... .......... ............... .... ..... $ 1,750.00 I Asbestos Survey Single Family Residence (1000-1500 S.F.) ..................................................................................$299.00 Single Family Residence (1000-1500 S.P.) ''''............................................,................................. $345.00 Multi-Family Dwelling (2 -4 units).. """""""'.........................,........... ........................................ $389.00 M ul ti -Family Dwelling (2 -4 units)................. ....... .... "'"'''''''' """""'" '''''''''' ......... .......... ........... $415.00 I I I I I I Lead Based Paint Survey Single Family Residence (1000-1500 S.P.) ''''''''''''.....................................,.. .............................. $199.00 Single Family Residence (1000-1500 S.P.) ........, ......................................................................... $223.00 Mul ti -Family Dwelling (2-4 units)...... """""" ..... ...... ........ ............. ..... .......-.. ........ ..... "'" ""'"'''' $248.00 Mul ti- Family Dwelling (2-4 units)........... ............ ........... ... ....... .......... ..... .......... ............ ............. $274.00 In the event a Phase II and/or a Phase III are required, our hourly rate is detailed below. Calvada will provide a detailed scope of services as per our hourly rate should additional work be required. Professional - Environmental Field Assistant/Technician Sampler / Assistant Project Personnel Staff Geologist/Environmental Scientist Project Geologist/Environmental Scientist Senior Geologist/Hydrogeologist Senior Project Manager/Civil Engineer Survey / Abatement Monitoring Senior Certified Industrial Hygienist Director /Principal/Senior Consultant $ 45.00 $ 55.00 $ 65.00 $ 75.00 $ 85.00 $ 99.00 $ 57.00 $ 105.00 $ 120.00 CALYADA ''''''''''--''''~''<h,"~''.,-~,~;;;,:;,,,,,~:...-::;;,(¿ ~"\5~:'i:1,,;:~ti,::';;1({:::;i;.~:::>..-:-,~ '.- .:~~.¿;~:;¿~~.:"~'::~::"-~:T:~:~:>t.~~-,:.~; '. ø d Ii Miscellaneous Charges Ii .; Photo Ionization Detectors XRF Undisturbed Samples Passenger Car Truck $ SO.OO / day $100.00/day $ 5.00/ sample $ O.35/mile $ O.35/mile with a minimum of$ 35/day ~ fi _J The use of specialized equipment, such as survey equipment, magnetometer, air-sampling pumps, water pumps or level recorders, etc., will be charged at an hourly or daily rate. Reimbursable Items Outside services performed by others and direct expenses incurred on Riverside behalf are charged at 1.1 times Consultant's cost. Such items indude, but are not Jimited to, outside consultants and testing laboratories, rental and operation of driJJing, and other field equipment, long-distance communications, subsistence, transportation charges, auto rental, freight, and any special permits and inspection fees. CaIvada appreciates the opportunity to submit tills proposal. H you have any questions or need clarification regarding tills proposal, please do not hesitate to contact the undersigned at (909) 736-1217. Sincerely, J~~ T~£ne Exec. V.P./Director of Environmental Attachments: Insurance Certification Resumes / Certifications = CAlVADA