HomeMy WebLinkAboutWATERS & FRAUBEL 1 -2004
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(5. AitiroiJ
INSURANCE.tiQf ()~l FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: f. r7 -0'-1 CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this 2lr day of I W'lc , 2004 by
and between Waters & Faubel, 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").
A-2004-125
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
urban runoff and storm water to provide public education and outreach 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 those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit B. The total sum to be expended under this
Agreement shall not exceed $85,000.00 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 term of this
Agreement may be extended upon a writing executed by the Executive Director of the Public
Works 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 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:
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(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: (I) 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
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.
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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 oflaw; 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 ofthe Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
Attn: Design Engineering
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
To Consultant:
Waters & Faubel
25 Orchard
Lake Forest, California 92630
4
Telefacsimile (949) 768-160 I
Attn: Lisa Ball
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
5
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 ofthis 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. 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.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
~;~4'J
PATRICIAE.HEALY - U
Clerk of the Council
CITY OF SANTA ANA
~:t?
'.~ .... .. ...z-::-
it AVIDN. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:dw..( ~C-, ~a_u;t /
Laura Sheedy (
Assistant City Attorney
CONSULTANT
~~L
Tax ID# 53- tJ-15~.?27&-
7
.~. .~.~______~.__.._ ___'c..___
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wate rS&fa u bel
~e of Work / Task Analvsis
1.
Proiect Assessment and Evaluation Plan 5/04 -7/04 '
$10,000
Waters & Faubel has developed a tentative project assessment and evaluation plan to
address the project area of Newport Bay, Anaheim Bay/Huntington Harbor and Bolsa
Chica.
a. The pollutants for the project area include sediment, nutrients, metals, pesticides,
trash, debris and bacteria. An analysis to identify one or more nonpoint sources
of pollution will be conducted.
b. The baseline water quality for the entire project area is impacted with the
pollutants listed above. The County and City Stormwater Permittees are in the
process of determining what the current baseline is from the stormwater
monitoring program. This information will be extremely important in
determining the urban run-off reductions from the present to the future.
c. Management Measures and Pollution Reduction: The control of urban nonpoint
source pollution requires the use of two primary strategies: the prevention of
pollutant loading, and the treatment of unavoidable loading. The Water Boards
prefer pollution prevention and source load reductions.
d. The effectiveness of the program will be measured by the success of changing
behavior of the public. The outreach program will be designed to educate and
influence the public to change polluting behaviors. The outreach program will
target audiences of diverse groups of different ages,cultures and economic levels.
Waters & Faubel staff & consultants: Roger Faubel (3 hrs), Lisa Ball (10 hrs), MJF
Consulting (20 hrs) .
Professional Fees:
$5,000
2.
Video and Promotional Items Desi!!n
7/04 -11/04
$15,000
Waters & Faubel will work closely with MJF Consulting, VTR Media Group and the
City to develop the concept and content for an entertaining and informative five-minute
educational video. Additionally, Waters & Faubel will work with Visuart and AllinOne
Communications to develop promotional items and bilingual newsletters targeted to city'
residents and businesses.
Waters & Faubel staff and consultants: Roger Faubel (15 hrs), Brian Lochrie (10
hrs), Lisa Ball (15 hrs) MJF Consulting (IS hrs), VTR Media Group (2 hrs), Visuart (25
hrs), AIlinOne Communications (20 hrs)
- -
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EXHIBIT A
wate rs&!a U be I
Professional Fees:
$IS,OOO
3.
Video Production
11/04 - 12/04
$14,500
In association with VTR Media Group, Waters & Faubel will produce, direct and deliver
a five-minute educational video based on the concepts and content developed. The video
production cost includes a re-edited Spanish version.
Waters & Faubel staff and consultants:
(24 hrs - photography I 44 hrs - editing)
Brian Lochrie (35 hrs), YTR Media Group
Product:
Professional fees:
Total:
$9,500
$S,OOO
$14,500
4.
Produce nromotional items
1/05 - 11/05
$25,000
In association with Visuart, Waters & Faubel will design and produce a variety of
promotional items from magnets to mugs. Additionally, we recommend considering
other urban runoff related promotional materials such as "Pooper Scooper" shovels and
biodegradable bags or customized rubber ducks that may be recognizable from urban
runoff public service announcements developed by the County of Orange. A portable
booth can also be purchased for approximately $S,OOO, which will allow City staff to
display and distribute the promotional items at local events. Recycled paper will be used e
on any printed material developed. I'OOPlE SCOOP/E'
"Cool' , ~,
Waters & Faubel staff and consultants: Roger Faubel (10 hrs), '.C"~/- >di;<.~ I
. . . . . "'..." v ~,,_.:"", :
Lisa Ball (30 hrs), Vtsuart (30 hrs), AIltnOne CommunicatIOns (10 hrs)..___,.. ~'~' J
Product:
Professional Fees:
Total:
$15,000
$10,000
$25,000
5.
Outreach Pro!!ram ImnIementation
12/05 - 2106
$20,000
In association with AllinOne Communications, Waters & Faubel will promote and
conduct the outreach program. We will meet with targeted organizations throughout the
city and focus on groups that are located in urban runoff "hot spots." Waters & Faubel
will utilize the information gathered through the drainage facility inspections and
cleaning program to identify specific groups. AlIinOne Communications will be
available for bilingual translation and multicultural outreach throughout this section of
the scope of work.
Waters & Faubel staff and consultants: Roger Faubel (30 hrs), Meg Waters (30 hrs), Lisa
Ball (40 hrs), AIlinOne Communications (IS hrs.), MJF Consulting (10 hrs)
- - - -
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wate rs&!a u bel
Professional Fees:
$20,000
6.
Draft and Final Proiect Reports
3/06
$2,500
In association with AlIinOne Communications and MJF Consulting, Waters & Faubel
will develop a complete and detailed draft project report that analyzes the results of the
project tasks. In addition to the analysis, we will provide a recommendation and
explanation of how the outreach program can be incorporated into the city's ongoing
stormwaterlnonpoint source management program to ensure a long-tenn viability of20
years or more.
Waters & Faubel staff and consultants: Roger Faubel (3 hrs), Brian Lochrie (8 hrs), MJF
Consulting (4),
Professional Fees:
$2,500
Cost Proposal/Billing Rates
Waters & Faubel's proposed cost for Santa Ana's Urban Runoff Reduction Outreach
Program is $82,000. That amount includes $57,SOO in professional fees and $24,500 in
products and materials. The amounts for each task are as follows:
. Task '
;1
2
3
4
" .,5 ~', ",
6
'Total .~
. , ...". '" '$5 000 ,;",",'" J"."..CJi;,..,..".,",.".".,..._..'.bi$S 000"
~.,.,.",""." ~.<.,.;;_'l;'_,....,.:..,~,,, ~,:..,..?; ..,,~~,::..... ~-l-U' f,;....~;~,~."'~t".-.....~ ~~~r.",,;J.> ".f""""''1')~ .
.. ...... _.;.. _..'_" .,........ J .' ..,' ...'/.',..,.>~,.<..:.~..,.. !::,_~...... ~;F1_.."(/""~",,,1l'..;1'.~ ...~}:I..~..,.~...~"...'(<1I, ,- .1
Professional Fees:,ProductSlMalerhils"" 'fi';,';l;fTotal t,t!;;t,,,;~
$15,000 $lS,OOO'
'''$5,000'' It:'rl't;;tl$i~;;;,$9;500~10';~'tf!~'$14,SOO:
.$10,000 $lS,OOO $25,000
,,'':$20 '000' :';;;:~!;',h;$;r,'$20"OO'O"
_} , ':'~,.~_",'>-~'-""~"".:'i , ;
$2,500 $2,SOO
,: ..,' ':$57 500 'd;' '~:~"":'t~;;::'-$24500 "{"ttc~'~'';'!:~$82 000'
Waters & Faubel has a blended hourly billing rate of$124. Below are the individual
hourly rates for Waters & Faubel staff.
Principals
Roger Faubel
Meg Waters
$195
Senior Vice President
Dan Wooldridge
$160
Vice President
Brian Lochrie
$lSO
. .
- - -
- - - - - -
. -- - - - -..... - -
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- - ~ -- - -- - --- .. -
watersY.faubel
......
Account Executive
Lisa Ball
$95
Senior Administrative
Helene Gautreau
$7S
Administrative
Lisa Robertson
$SO
,
~
,
"
The hourly rates of Walers & Faubel's proposed subconlractors are:
Mary Jane Foley $175
MJF Consulting
Mary Jane Foley will provide technical expertise and act as a regulatory liaison.
Art Navarro $ISO
AllinOne Communications
Art Navarro will be used to provide Spanish translation and multicultural outreach.
Tino Rodriguez $180 photography
VTR Media Group $120 editing
Tino Rodriguez will provide bilingual video production and voiceover services.
Eric Carlisle $128
Visuart
Eric Carlisle will be used as needed for graphic design services.
Dr. Bob Meadow (optional) $2S,OOO survey polling research
Decision Research
lfthe budget permits, Dr. Meadow will provide a scientific survey to analyze the
effectiveness of the messages and information proposed to be used in the public outreach
program. Please note that this expense is not included in the total budget.
- - - - - -
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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:
I. 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 ofthe 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
~7/07/?004 10:3" FAX 714 53S 405"
Bannister 8 Assoc. Ins.
III 002/003
u
~ CERTIFICATE OF LIABILITY INSURANCE I C.&.TBIIIIMlDDIV'tYY) i
07/01/2004
I ".OoIlOER (714) 536-6086 FAX (714)536-4054 THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION i
Bannister & ASsociates Insurance Agency. Inc_ ONLY AND CONFERS NO RlGHTI UPON THE CERTIFICATE
LiCQhse ~0691071 HOLDER, THIS CERTIFICATE DOES NOr~EJ!e',~.ls~D OR
ALTER TH!! COVERAGE I!D BT I BELOW.
305 17th St~eet I
Huntington Heath, CA 9Z64f-4Z09 'NSURERS AFFORDING coveRAGE NAlCI# I
'"'U~EO Roger !"Bubel PubHc Affau's J:nc. a CA \;orp INSU~A. Ma"yland Casualty CoqJany i III
. I dba: Waters & FRubel 4-~-1J6 INSURER a: Philadelahia J:nsurance'Oompanies I
, 25 orchard II'lAUi<ER C: ,
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lake Forest, CA 92630 INSURSR 0; , I
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THE POUCIES OF INSUAA~C! ~ISTED BELOW HAVE BeEN IssuED TO niE INSUI'IED NAMED ABO\/E FOR THE PO~lcY Ft!FUOD J~DICATED. NO""IlliSTANDII+
ANY REQUIRliMEN"I', TERM r;lFl CONDITION OF ANY CONTRACT 01\ OTHeR DOCUMEN"I' WITH ResPECT TO WHICH THIS CERTIFICATE MAY e. ISSUED DR
~RTAIN' THE INSURANCE AFFORDED BY THE FOUCIES DESCRIBED HEREIN IS aUIlJECT TO AU. THE TERMS. El<Cl.USIONS AND CONDITIONS OF SUCH
PPUCIES, AGGREaATE ,!M1T3 SHOWN MAY ~VE BEEN REDuceD 8" FAlD:&: ~
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ANY P~QPRJI!TOFWART/II~UTI\IE E.,. iAi.:fi ACQID2NT .
oFPIC.I!~!M81i~ MtLUOED? &L.O'll....e.EA-.OTUi .
If rn' dMCribe Wldllr e,!... OIBI$ASE -PCLICYL1MlT Ie
" EClAl PROVISIONS hellow
~'j!!ess;ona' Liability PHSD060366 07/21/2003 07/21/2004 $1,000,000 each claim
B 51,000,000 annual aggr.gate
;ncludins cla;ms "Dense
~ aF OP'lunONS/L0C4~CNS IV~' ElCL.UltoMe APPEC 5' INffrlClENT 19P5CI~;t~
O~ ay noti~e of cance lat;on or non-payment/t S notice w 1 be sent in thB event of company elBct10n
he C;ty of Santa Ana, its officers. agants, representatives. volunteers and emploYHHs are named as !
ddit;ona' insured as rHspHcts genHrll liability. ,
rimary ~rding included per general liability ~overage form 952001 049 "
aiver of subrogation andorement applies to be issued by the carrier. i "
I ~.~
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, "~B .. 1 II
GHOULD ANY ar THe ABOVE tlElClllBBD PIX,)GIUi .. GANCELUD.1IIOIIr. TtIE II I I
I ,
..-TION OATE T~elWlf, TIlE "UlNO ...y....WlLL ~ MM- , ."1
I i ~l
C;ty of Santa Ana -.!!!....1l.O,. WItlTreH NOTICe TO TIlE Cl!Rl1I'ICATE ~OUoEll NAIlED Tll TIlE LE1'T. '
Public Works AsHney M-36 __"~r1m~"JIII{V'IlUlXlK.~IIU~MWtGlU
PO BOll: 1988 , lft'..........v."~nxxxxx
I Santa Ana, CA 92702 AU1'HORl~~RE91 "TNI! .6:,/ , ;
! , _ ,;("":':"'" "...:L. ._. I
I ,
m-, i'OO/BOOd 9ll-! _WOJ, WE 10: II i'OOHI-^"N I.
.
Oc/OI/~004 10:J4 FAX 714 538 4054
Banh~$ter & A$se", Ins,
Il!l 00"'00"
Iii
! I I I
I
THIS ENDORS~ ..!NT CHANGES THE POLICY. PLbr.SE READ IT OAREFULL Y.
CG ~o 10 03 517
AODITIONAL.INSURED-OWNERSj LESSEES OR CONT~CTOR$-
SCHEDULED PERSON OR ORGANIZATION'
! 'HI,'
I I'r
I I l ~
I I.~ "
ThiS ~ndorHmenl rnQ~lfl"'ljllnsur!ll1ce prtlvld.d undsrth. followin~:
QOMMJ;RCJA~ GENI!RAL LIABILITY COVERAGS PART
Thls endOTlll!ment changes the PIIIII;iY effective on l/1e InlleP~O" dllle Qf the policy unless llMther dtll$ ~ Indhlllled
below.
endorsement effective
NBmed Insur,.d Wcters
Policy No, 3341 2"
12:01 A.M. standard time PPS 3 ..1
8. F~ubel COU"~rKrSlnllld by
--1""""'rlud Regresenlan"'l
scHEDULE.
Neme of P"rsllln or QfSllnlzath:ln:
City of Santa Ana, its officers, ~qents, re~resentat1ve5,
volnteere:
(Iflj\!( erlWipp"kM'?tlov?:"ffiFmJl6ft reqU~di\6\?Omlete Ihle elldlltsemenl WIll be sheWn in the t'llilolandlonf as
.ppli=blv tIIthls endQrSem80t.)
WHO Is AN INSUReO (SecHon II) Is emeMdlillllO Inc:lUdl IS In In'urea Il1Iil pBtSOl1 or lll'gMizaUOI1llhownIn the
Schedul", but onl~ with respect to lIabUlly wing out of yaLJr ongDlngllporlltlonlll'srform9d?'or thai inllured.
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Cl. 8i7l30g1)
CGZ0100H7
Co~gh~ 111I,""" SIt'riaeI DIIkll', In.... 1S8G
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_WOJ~ wOIO: II ~OOI-II-AON
11118/200. 1105 FAX 71" 538 4054
Bannister & Assoc, Ins,
~ 002/002
Wim respect tc "mobile equipment' to which
this insurance applies:
a, Whan this Coverage Part is certified as
proof of financial responsibiiity under
the provisions of any motor vehicle fi-
nancial responsibility law. the insurance
provided by the Coverage Part for Bodily
Injury Liability or Property Damage li-
ability will comply with the provisions of
the iaw to the extent of the coverage
and limits of insurance required by that
law,
b, We will provide any iiability. uninsured
motorists. underinsured motorists. no-
fault or other coverages required by any
motor vehicle insurance law, We will
provide the required iimits for those
coverages.
5, Other Insur51Ce
If other valid and collectible insurance is avail-
able to the insured for a loss we cover under
Coverages A or B of this Coverage Part.
our obligations are limited as follows:
a, Primary lneurllnCe
This insurance is primary except when
b. below applies. If this insurance is pri-
mary. our obligations are not affected
unless any of the other insurance is also
primary, Then. we will share with all that
other insurance by the method described
in c. below
b, Excess Insur...oe
This insurance is excess over:
(1) Any of the other insurance. whether
primary. excess. contingent or on
any other basis:
lal That is Fire. Extended Coverage.
Builder's Risk. Installation Risk or
similar coverage for "your work";
Ibl That insures for direct phySical
loss to premises rented to you
or temporariiy occupied by you
with permission of the owner;
Ie) That is insurance purchased by
you to cover your liability as a
tenant for "property damage" to
premises rented to you or tem-
porarily occupied by you with
permission of the owner; or
Idl If the ioss arises out of the main-
tenance or use of aircraft. "au-
tos" or watercraft to the extent
not subject to Exclusion g. of
SECTION I - COVERAGE A .
BODLYIIIJURY AND PROPERTY
DAMAGE LIABIUl"I',
121 Any other primary insurance avail-
able to you covering liabiiity for dam-
ages arising out of the premises or
operations for which you have been
added as an additional insured bv
attachment of In endorsement '
When this insurance is excess. we will
have no duty under Coverages A or B to
defend the insured against any claim or
"suit" if any other insurer has a duty to
defend the insured against that ciaim or
"suit", If no other insurer defends. we
will undertake to do so. but we will be
entitled to the insured's rights against all
those other insurers
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss. if any. that ex-
ceeds the sum Of:
(1 J The total amount that all such other
insurance would pay for the loss in
the absence of this insurance; and
(2) The total of all deduc,ible and seif-
insured amounts under all that other
insurance.
We will share the remaining loss. if any,
wiTh any other insurance that is not de-
scribed in this Excess Insurance provi-
sion and was not bought specifically to
apply in excess of the Limits of Insur-
ance Shown in the Deciarations of this
Coverage Part
c. Method Of Sharing
If all of the other insurance permits con-
tribution by equal shares. we will follow
this method also, Under this approach
each insurer contributes equal amounts
until it has paid its applicable limit of in-
surance or none of the loss remains,
whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by iimits, Under this
method. each insurer's share is based
on the ratio of its applicable limit of in-
surance to the total applicable limits of
insurance of all insurers.
6, PrBlnium Audit
~5'8
952001 Ed. 4-99
l~l.dlII ~ I"I"B~I r:lll'IDlrllfq S....11I99 O~l'S, I~, ...,jlt1 i~ pIiITT1,\;sicn
c;w,r'l01l 11&.11I11:1I Savral.l; OftlClll, Ire. ,~
C~nltrt. 19S5l. ~lnI!I CeMIW CaTI:Ill"Pi, 115 tel liZ:ltitnll tell('[ An!I r"vlill)"lll
Page 12 of 17
11/12/2004
12:03
NO. 600 [;)002
CERTHOLDER COPY
STATE P.O. BOX 420807, SAN FRA!IICISCQ, CA 94142-0807
COIVIP&:NSATION
IN;; yflitANt;.E
FU N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE, 11-12-2004
GflOUP:
POLICY NUMBER: 1515871-2otl4
CERTIFICATE Ie: .5
CERTIFICATE EXPIRES: 04-01-2005
04-0i-2004/04-01-2005
, I
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CIT'! OF SANTA ANA
P1l!lLIC WORKS AGlINCY
PO BOX Haa
SA!lTA ANA c:A 92702
JOB: A'l'l'N: JOB PARCO
This is to certify that we have i8$uad a valid Wor!<ar', Comptns~tiQn insu"'''''@ poli"Y in a form approved by the Clll!rnmla
Insuranca Commissioner to tM empl0y9r name<! below fl:>r!he policy period indieaied,
TIlls policy Is not subject to cancellation by the ,"und except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy b. cancelled prior to its normal expiration.
TIlis certificate of insurance is not an insurance pol!cy and does not amend, extend or alter the coverage afforded by the
policy Dated herein. Nolwilllstanding any requirement, term or condition of any contree! or other document with
respeel to which this certificate of insurance may be issuad or to which H may pertain, the insurance afforded by the policy
described herein is subjeot to all the tenns, exclusions. and conditions, "'such policy.
~
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,llHMORIZJ!D RiPRiS&NTATlV!
Ii'RESlDENT
Ii..' '..
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'In!,
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EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS; $1,000,000 PER OCCURRENCE.
ENDORSEMENT #1600 - ROGER ~AUBEL, PRS, SC, TR - EXCLUDED.
ENDORS~~ '2065 ENTITLED CERTIPI~B BOLDERS' NOTICE EFFECTIVE 04.01"2004 IS
AT'l'ACHJlD TO AND ~ORKS A PART OP 'l'HIS POLICY.
Itt-Qk':ty
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i""~QYGiR
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1l0GEIl FA1l!lEL i'OBLIC AFFAIRS IHC DBA, HATERS Ii FAOBBL
25 ORCIlARlJ
~ FOREST CA 92..Q
~~~:t1.12~
.u...'" ~_.
11/12/2~~4
12:~9
NO. 6135 [;)13132
. ~ ; .
~ t t !i: '
CERTHOLOER COPY
STATE
1',0_ BOX 4201;107, SAN FRANCISCO, CA ~ 142-01;107
COMifCN5ATIOI'll
INSURANCE
FU N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUB DATS, 11-12-2004
GROUP:
POLICY NUMBER: 1515871-2004
C5RT1FICA TE ID: 16
CERTIFICATE EXPIRIOS: 04-01-MO.
D4-0~-3004/o4-01~2005
CI'1'l1 01' SlIJITA AHA
P~!C WOkXs AGENCY M-36
PO BOX 1988
SJ\lIITA ANA CA 92702
JOS: AT'l'H: JOE PARCO
,-".;
This is to eertify tnat w, h.1I9 i$$VS<l. v.lid Worksrs Compsn811tlon Insvrant;Q polioy in a form approvsd by ths California
IMuranee Commi$$ioner to tn, ,,,,ploysr nam8d below for ths polioy psriod indi~atQd,
This pOlicy is n,OI .ubje'" 10 cancellation by the Fund except upon 30 d.ys adv,,",,,, written notice to the e"'ploy...
We will also give you 30 days ad""nca notice sIlould this policy be cancelled prior to its normalexpi"'Uon.
This certifieateof insuronca I. not an insuran"" pOlicy and doe. not amend, extend or aller the coverage afforded by the
policy listed h.rein. Notwlihstending any requiremen~ term or condition of any contract or other dooument with
re8P'c;t to which this certilicate or insurance may be issued or to which it may pertain, the insumnce affcrded by the policy
de...ribed herein is subjecl to all the terms, exclusions, and conditions, of such policy,
It
11.11
~
..&~ C. OL.
ALJTMORlZEO REPReSeNTATIVe
fl'RfSJDENT
BKPLOYBR'S LIABILITY L!MIT !KCLnn!KG DBPBKSB COSTS. $1,000,000 ~~ OCC~k!Ncg.
1llID0RSEm:NT U600 . ROGEIt FAUBEL. PRS, SC, TR - EXCLnnBD.
ENDORSEMBNT 'JOSS BNTITLKD C2RTIPICATB HOLDERS' NOTIC2 2FFE~rvB 04-01-2004 IS
AT'l'ACllEIl TO AND FORMS A PART OF TIlIS POLICY.
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!EMPLOYER
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ROGEIt FAUBEL PUBLiC AFFAIItS
J5 OIlClIAJW
LAXE FORllST CA 9J630
iRe DBA, WATERS . FAUBEL
~~'t'.-'t2020lM