HomeMy WebLinkAboutMICHAEL BRANDMAN ASSOCIATES 1
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AGREEMENT TERMINATION
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Retun{;!Qf\ll to thc Sr, D?~~i!y>clerk of the Council (M-30). Call 647-5238 if;o]ihav~y
questiDlls. "'2iL {";7
Plcase:!tJjlnrlr~le-tllis!rdr~:~:l:1l the a((ached agreement is no longer in effect.
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The agreement with mleAtu.eJ;~~
was completed on 8 ~ ?rJ) ;;r-o 05
Department:
. No./J-,;w)-i37
, and final payment has been made.
Signature:
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Date:
Revised 8-7-03
City of Santa Ana
Clerk of the Council
INSURMLL J~OL em ¡-ILf..
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: lI-~-ot{
N-2004-137
CONSULTANT AGREEMENT
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THIS AGREEMENT, made and entered into this -'-(I.fh day of N~ve;1(;~ ,2004 by
and between Michael Brandman Associates 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
providing CEQA Surveys.
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 ofthe 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 an Archeological Survey and a Protocol Bat Survey, 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,
2005, unless terminated earlier in accordance with Section 12, below. The parties intend that
services provided by Consultant commencing December 16, 2003 shall be included within the
Scope of this Agreement. The term of this Agreement may be extended upon a writing executed
by the Executive Director of the Public Works Agency and City Attorney's Office.
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.
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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.
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.
(ii)
(iii)
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
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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:
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
and
Executive Director of Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5622
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To Consultant:
Michael Brandman Associates
220 Commerce, Suite 200
Irvine, California 92602
telefacsimile (714) 508-4110
Attn:
Michael Brandman
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:
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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 ofthe clauses ofthis 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 her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
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.
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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
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lau a Sheedy
Assistant City Attorne~
RECOMMENDED FOR APPROVAL:
~I
/ JA, S . ROSS
Eiecutive Director of the
VbliC Works Agency
CITY OF SANTA ANA
~~-
AVIDN. REAM
City Manager
c1SU
MICHAEL BRANDMAN
President
Tax ID# 95-378-2289
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PAGE
PARKS AND RECREAT~ON
FAX No. : 7149531461 :C:. 15 20Ø3 12:2Ø.PM P2
132
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~Cttn1ber J 6. 2003
Mr. ~ ) Hntt
City of S~ AM PJannù,g and nUilrlin~ AMt!ncy
20 Civic Centor PIDZ!I
SAiHa ^II~ CA 4J2702
SUB.)!:(.. 'T:
A .~..øpoqJ fw If C£QA-IoY., Arçblu;uJo::'C¡aJ $1IJ't'I)' fur t~e PACricia Luc
~Arlc ProJen lu tile e'f, VfSIt.tA Ana, CJ\
Dear MI. HðIt:
MiCh u 1 B,.D,i,\((!~\ As..socfl~ (M!lA) i:\ ptc4U;(H co prflvídO )'l'U this sco~ orwórk and ~
Ulitlmcte to ~~llWua a CEQAA.vel ~1.Itc ,lr41 n:sourc~ a.il'¡"'¡¡liIUimt (nø~tJv('l docllU1lfiollJ tOr a P4rJc
project ,~ ¡ ) t~ Ciiy ofSøma A,,~. California. UruJar rhi$ $Co~. MBA will review tho
r~ ~\ pc'lWiOUiJy ~duc(cd tnrtho City nnd oonduct a field 5Urv~ for 0110 p¡uœr
toW~ J ~rc folJowiag CfiQA. SHl'(J And City prottlCnl¡;.
8coPfJ at Work
Cult....., ~lIfUU:'Ç" AU&1UlMot
TW tltud)' rcqulrls~ IS ~C~dd chc:cl: cmd l1\ihJ Survey ofthl! tmtire Rtudy Arca. MOA wit! rovic\.lr
thl> nlCord$ 'fI.:an;h. CX1nOC~ fH:k! cWo! Md prr:par~ ~ writtcu rCl'l'rt (T1I~t J). ' ñc rCl'lOrt ~hi(11
conco s( of un ðvt1U¡~n o1'an)" tlllTdnd ~:iourceli found in thç :ltud,)' ¿trn. Ap!)((,pri.uo uúûgaLioL1.
n~UJ'CS will bo devOloped 8J Ð JY.ftt oftl'lis T ast
'If cultuœ t~~ .i!:! ate- fo~rrd Within t118 pr~ìcCJ fU't)~. AUld it' .C)latt:-leveJ re~'l'd&d1.ln
(DPR523 form ~'t) of Ruch .IRes ~ rcqu\rikl, you will be: cOl1ra,or~. I8nd it soparalQ ~'Pf sJlètll be
¡'9ucd, Cur rcœr~io.} Dnhv individuat sites. ThiN ~t¡,;p. if neces!.luy, will r~l!lt in . r~viJõìOf} )f
tho COntr~-fOt ncçative dutltJrdivn J't:pon Imo 4/)~.~ìtlvt! uøcIJaration rl;!~ìt.
Sched&1t8
The cultllrlS.Í. re~n a~~ \11m ~ \:olnp(crcd and ¡lIhJt1I11èd to the City On 01' befölV
J.....,y 9, 2004. IIIHA ..-. 1b.1 tho ,...,,'" ,.- i. rurmn'inn will bo p'ov;.Jcd Iu M~ Þy
Occ~mb8' II, ¡C~n.
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Page ~
PARKS AND RECRE~!ION PAGE
FAX tiOo : 7149::)31461 ~._(o..:. 16 21383 12:20PH P3
133
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The feo to romplete 'h9 *bOYlillf\;ope Of work ì. S2.5UO.Of>. Sht)uJ¡J dl&! Clicnt r~qlJir" d11U rho time
~r ~MiyGl)' øh4niQ !Ouch ~t ~ Cflntra.ctod-wr ~Ii\'ery <SIlt> b :¡hoJ1ðnc:d, thf¡; 8co~ m1.L.,t be
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work). Thank. yuu.
Sincerely.
MICßAa 8RANDMt\N ASSÙCIATr:.S
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Micl1¡¡e1 DI( ~
Senior A,olutoo/I,lKÍn
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September 22, 2004
Mr. Taig Higgins
City of Santa Ana Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana~ CA 92702
SUBJECT:
Proposal to Conduct Protocol Bat Surveys for Four Bridges in the City of
Santa Ana, CA
Dear Mr. Higgins:
Michael Brandman Associates (MBA) is pleased to provide you this scope of work and fee
estimate to conduct protocol bat surveys for four bridges in the City of Santa Ana that cross the
Santa Ana River. Under this scope of work, MBA will conduct protocol bat surveys
(presence/absence) for each bridge separately. Surveys will be conducted according to an
approved protocol designated by California Department of Fish and Game (CDFG).
Scope of Work
Protocol Bat Surveys
The study requires a standard bat survey to be conducted on each of the four bridges associated
with the project retrofitting. Each bridge will be surveyed three times with a minimum of seven
days between surveys. Protocol surveys will be stopped if a bat population is found. Each bridge
will be surveyed independently by separate biologists, or will be surveyed on separate nights by
the same biologists. Surveys will begin approximately at sun-down and will continue for
approximately one hour after dusk (approximately 4 hours per survey).
A letter report of findings will be prepared and shall consist of an evaluation of each bridge found
in the study area. The. report will contain a detailed description of each bridge structure including
all detected bat roosting locations, if any.
If bats are detected within any of the bridge structures, a qualified bat biologist will be consulted
as part of a separate scope of work in order to detennine the exact species identified during the
surveys and to develop specific measures in order to protect the bats during construction activity.
If it is detennined that the retrofitting will significantly reduce the roosting habitat within the
bridge structure, installation of roosting structures below the bridge deck will be required and
installed at locations approved by CDFŒ
no Commerce. Suite 200. lnine. C\ 92602 -¡-t. 508 , -! 100
InLlIld Empire Bay Area
t)()l)SS-1.2255 t)25.S50.r5.~
f.\.\ -I-t . 50S, -t 110
Kern C()lln~..
6(,1.5.1-t,2-55
\\WW.br.lIH!m:lI1.com
E.\l\lL mba@brJIldm:lI1.com
Mr. Taig Higgins
City of Santa Ana Public Works Agency
Proposal for Protocol Bat Surveys in Santa Ana
September 22, 2004
Page 2
Schedule
The protocol bat surveys and letter report will be completed and submitted to the City within 6
weeks of project initiation.
Fee
The fee to complete the above scope of work is a not-to-exceed $7,499.00. As stated above, if a
bat population is found, protocol surveys for the specific bridge will be stopped and no additional
presence/absence survey cost will be incurred. If you have any questions, please feel free to call
me at 714.508.4100.
ASSOCIATES
SC:tmg
H:\Client (PN.JN)\lJJ2NJJ27POO27VJat Survey_Propm'aCReviJed,doc
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
8
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. - - - -
A.êaRIL
Client#: 600~-'-
'HABRAN
CERTIFICAl t: OF LIABILITY INSURANCE
I OATE(MM/OD/YY)
10/18/04
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
IODUCEA
ealey, Renton & Associates
. O. Box 10550
anta Ana, CA 92711-0550
14427-6810
3URED
Michael Brandman Associates
220 Commerce Center #200
Irvine, CA 92602
~INSURER A: United States Fidelity ~ G~~~anty -
' INSURER B:St. Paul Fire & Marine Ins. CO.
~_SURER c:Ameri<:~I2...~lJ!~~~~~le- !ns. CO.
INSURER D:Great American Assurance Co.
----'-~----- -- . -.
------------- -
-----_._~ -----
INSURER E:
JVERAGES
HE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
NY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
lAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
'OLICIES. AGGREGATE UMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-
'~ TYPE OF INSURANCE POLICY NUMBER ¡ POÄ!fY ~~¡CJ)~E PO~¥Y~~~RAJJ~N- LIMITS
~N~~AL LIABILITY BK01565071 ! 11/15/03 : 11/15/04 ~!:~~_<?CC_~Re:.N_CE- - sl.,OO9..999
~MERCIAL GENERAL LIABILITY - FIRE Q~MAGE (~~')'_~ne II~Ls1 00,000
Ll.-.J CLAIMS MAD~ X , OCCUR ME D EXP (Anyone person) s10,OOO
U ~~_~~NAL !~~",!~JU.Ry_i1..000,OQQ... -----
U ~~p~~.RA~~~<!Re:~A_~E, -.ß,j_OOo.,QQQ-----
lGEN1..AGGRE,IGATjLIMITAPPLnIESPER: ; : PR~DUC!.~CO~!O~~~~. s2,OOO,9.Q!! . -----
n POLICY' PRO, LOC '
, AUTOMOBILE UABILITY :BA01574185
111/15/03
I
I
I
¡
I
i
, i
¡ 11/15/04
, COMBINED SINGLE LIMIT S1 000 000
(E.. "ccIOenl) , ,
X ANY AUTO
L ALL OWNED AUTOS
i SCHEDULED AUTOS
r X HIRED AUTOS
r X NON.OWNED AUTOS
~--l
H
~AAGE LIABILITY
i I ANY AUTO
n
...-. ._-- 0+ -- ---. .-- ---. .
. -.----.---
....-----
I BODIL Y INJURY
, (Per person)
,
, BODIL Y INJURY
, (Per ..cc,oenl)
s
~XCESS LIABILITY
I , '
, OCCUR 0 CLAIMS MADE,
~ DEDUCTIBLE
: I RETENTION S :
PROPERTY DAMAGE
(Per "ccloent)
's
,AU~O ()N~V.,~A~C?CIOENT_S._.
OTHER THAN
AUTO ONL Y:
EA ACC S
AGG S
EACH OCCURRENCE
, AGGREGATE
-- ..--------- ----
,
2___,__--
WORXERS COMPENSATION AND
EMPLOYERS'LIABILITY
18H1WZP80917294
11/15/03
111/15/04
ì
L_- ---- -------- ,-~-- -_..:..S
s
, X I WC STATU.DTH.
~8YJ.IMIIS_-----ER '
,E,L, EACH ACCIDENT' s1,OOO,000
,
i E.L,OISEASE.EAEMPLOYEE 51,000,000
¡ E.L. DISEASE.POLlCY LIMIT s1,OOO,OOO
! $1,000,000 per claim
! $2,000,000 ann I aggr.
i OTHER Professional
'liability
I
EDN5656247
11/15/03
i
i 11/15/04
1
SCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
': All Operations as pertains to named insured.
e City of Santa Ana, Its officers, employees, agents, volunteers and
Jresentatives are Additional Insured as respects to General Liability.
RTlFICATE HOLDER
, ADomoNALlNSURED: INSl.'RER LETTER:
CANCELLATION
City of Santa Ana
Public Works Agency
AUn: Taig Higgins
20 Civic Center Plaza
Santa Ana, CA 92701
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATlON
DATETHEREOF.THE ISSUING INSURER WIL~~~JCJ MAIL30_- DAYS WRITTEN
NOTlCE TO THE CERTlFICATE HOLDERNAMED TO THE LEFT. B~JOI a:.9!JlÞCIOC.XX
~~J09{)ONOAouo:xnJ:!t]ll;)00 (:IIX,~2XXi ( t~J:~X~2:1tX
ED.~ms,
AUTHORIZE D REPRESENTATIVE
:ORD 25-S (7/97)1
of 1
#M95248
TMN
~ ACORD CORPORATION 1988
.0 . - _..
-----
"
~ - ----;-------'-------------- ------.--...--. -- _. _.
;
..---.-.- ---
- .- - - --,...+
Policy Number: BK01565071
OwnersÒLessees or Contractors (Form B)
ADDITI NAL INSURED.
Change(s) Effective: 10/18/04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Santa Ana
Public Works Agency
Attn: Taig Higgins
20 Civic Center Plaza
Santa Ana, CA 92701
SECTION II - WHO IS AN INSURED 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.
The 'City of Santa Ana,
representatives
its officers, employees, agents, volunteers and
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
yY.ø/ zj2
CUBF 22 40 03 95
.AalBD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDDfYY)
'" 11/12/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
p, O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Santa Ana, CA 92711.0550
714427.6810 I INSURERS AFFORDING COVERAGE
INSURED I INSURER A United States Fidelity & Guaranty
Michael Brandman Associates if 1 INSURER B St. Paul Fire & Marine Ins. Co,
220 Commerce Center #200 /\!-;J.ro -/3 INSURER c: Fireman's Fund Insurance Co.
Irvine. CA 92602 INSURER D Great American Assurance Co.
, INSURER E"
Client#' 6005
MICHABRAN
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
Irf~ TYPE OF INSURANCE POLICY NUMBER I Pgk'fEY ~~~%~~E- -p~~~J ~~~6'»~N
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
BK01565071
,11/15/04
11/15/05
I EACH OCCURRENCE
FIRE DAMAGE (Anyone lire)
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO- , LOC
EOT
B AUTOMOBILE LIABILITY :BA01574185
X ANY AUTO
ALL OWNEO AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
OCCUR ' CLAIMS MADE
DEDUCTIBLE
H[IENTlON S
C WORKERS COMPENSATION AND WZP80917294
EMPLOYERS' LIABILITY
GENERAL AGGREGATE
PRODUCTS -COMPIOP AGG
'1,000,000
.300,000
.10,000
.'1,000,000
.2,000,000
.2,000,000
CLAIMS MADE
X OCCUR
, MED EXP (Anyone person)
PERSONAL & ADV INJURY
X Blk't. Contr'l.
11/15/04
111/15/05
¡ COMBINED SINGLE LIMIT
, {Eaaccident}
, '1.000,000
BODILY INJURY
(Per person)
.
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident}
.
i AUTO ON~ Y . ~A ACCIDENT $
! OTHER THAN EA ACC ! $
AUTO ONLY' AGG 1$
EACH OCCURRENCE
AGGREGATE
.
$
.
$
11/15/04
: 11/15/05
x ;T~~$ItJI~S °J~-
E.L. EACH ACCIDENT 81,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L DISEASE - POLICY LIMIT $1,000,000
$1.000,000 per claim
I
I $3,000,000 annl aggr.
0
OTHER Professional
Liability
EDN5656247
11/15/04
11/15/05
!
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESfEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS
Re: All Operations as pertains to named insured.
The City of Santa Ana, its officers, employees, agents, volunteers and
representatives are Additional Insured as respects to General Liability.
CERTIFICATE HOLDER
ADD ITIONAL INSURED; INSURER LETTER:
CANCELLATION
City of Santa Ana
Public Works Agency
Altn: Taig Higgins
20 Civic Center Plaza
Santa Ana, CA 92701
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILll:')(~XJ() MAIL 30 DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE lEFT, BN~nJl!»)UUIÞtøx..xx
Ml)fØX~X [XJillKK1XJCIJtKDtX!R:aOtJ:btlk)N$)(!"JI:~JIIJ:"alkx
HII:Be6':t~X
AUTH RIZED REPRESENTATIVE
u;.¿¡z-
ACORD 25-S (7/97) 1
of 1
#M115130
JMC
@ ACORD CORPORATION 1988
.
Policy Number: BK01565071
ownersÒLessees or Contractors (Form B)
ADDITI NAL INSURED
Change(s) Effective: 11/12/04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Santa Ana
Public Works Agency
Attn: Taig Higgins
20 Civic Center Plaza
Santa Ana, CA 92701
SECTION II - WHO IS AN INSURED 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.
The City of Santa Ana, its officers, employees, agents, volunteers and
representatives
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE,
;/:ð!V07~:/è
CUBF 22 40 03 95