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HomeMy WebLinkAboutENVIRONMENTAL ENGINEERING 2AGREEMENT TERMINATION Please complete this form when the attached agreement is no lot 4iju^effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-523& if yeti h ny questions. The agreement with I , Vi Ko9l-IPO* /YL. f 4 XC No. 4 was completed on and final payment has been made. �7 4 R - )w15- x -01 ( 2p) Department: Am- Al Soa c'c�� Signature: Date: /z/ 3�17—&)� City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANCE NOT ON FILE A-2005-285 WORK MAY NOT PROCEED CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: i-5"0 THIS AGREEMENT made and entered into this 5th day of December, 2005 by and between Environmental Engineering and Contracting, 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 inspecting food service establishments for compliance with the City's Fats Oil and Grease Control Program. 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: SCOPE OF SERVICES Consultant shall assist in implementing the City's Fats Oil and Grease Control Program, 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 Consultant's Cost Estimate and Fee Schedule, Exhibit B-1 and B-2, respectively. The total sum to be expended under this Agreement shall not exceed $182,000.00 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 December 31, 2006, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for an additional one-year term, at the rates currently in effect, upon written approval of the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. I 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 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and Executive Director of Public Works City of Santa Ana 220 S. Daisy Avenue, M-85 Santa Ana, California 92703 telefacsimile (714) 647-3345 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: Environmental Engineering and Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 Telefacsimile (714) 667-2310 Attn: John Shaffer A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, 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, 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. �11�7, HWKWLIT►1 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. 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. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura SheedyJ Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. PSHAF ER sident Tax ID#33'o44SPa$' EXHIBIT A FOG PROGRAM MANAGEMENT AGREEMENT SCOPE OF WORK Consultant shall provide program management services for implementation of the City's Fats, Oils and Grease (FOG) control program. These services will include providing oversight and administration of a comprehensive food service establishment (FSE) inspection program and assisting with enforcement of the City's FOG Control Ordinance (NS -26-70). EEC will provide FSE inspection services on an as -needed basis and will also assist with the training, coordination, and oversight of City inspectors for this program. The scope of work will include the following tasks: TASK I — FSE Inspections and Enforcement 1) EEC will physically inspect the FSEs in the City of Santa Ana based on previously established priorities determined by the FOG characterization study and ongoing program implementation. The inspections fall into one of the four following categories: • Best Management Practices (BMP) Inspections — These are basic inspections that determine compliance with all of the required kitchen BMPs. Additional education can be provided to FSEs at this time. • Grease Removal Equipment (GRE) Inspections — These inspections are conducted to evaluate compliance with a facility's grease removal equipment requirements. • Permitting Inspections — These are comprehensive initial inspections of new or remodeled FSEs. The purpose is to identify the type of food, equipment, and kitchen practices that could contribute FOG to the sewer system. FSEs are provided education on FOG program compliance and BMPs. EEC will continue to produce and provide all required educational materials to the FSEs. • Compliance Inspections — These inspections are conducted when it is determined by the FOG Control Program Manager that a follow-up inspection is required for a non- compliance issue that has been identified in a previous inspection. 2) EEC will assist the City with any enforcement actions that are required due to violations of ordinance NS 26-70. Enforcement procedures will be followed in accordance with the FOG Control Program Manual. 8 inspections shall be provided on an as -needed basis and shall be billed at the rates shown on attached Exhibit B-1. It is currently anticipated that the Orange County Health Care Agency will begin providing some type of basic kitchen BMP inspections during 2006. Additionally, City inspectors are being trained to provide each of the various categories of inspections. EEC shall coordinate these efforts and adjust the inspection intervals to account for these additional efforts, TASK 2 — Trainingof f City Staff EEC will train City Public Works Agency Sanitation Inspectors to conduct all of the categories of FSE inspections. Training will include classroom style training at EEC's office as well as ride - along training to assess level of competency. When City staff are fully trained, they will perform some of the on-going inspections. TASK 3 — FOG Control Program Management 1) EEC will utilize the updated FSE database to organize, integrate and manage the FOG control data. EEC will evaluate and summarize the data, and report the findings and recommendations to the FOG Control Program Manager on a monthly basis. EEC will coordinate activities associated with the Hot Spot characterization database maintained by the City. 2) EEC will coordinate the activities of City, inspectors to integrate their activities into the overall program. EEC will furnish the City with monthly schedules for inspections so that City staff can develop work plans. EEC will provide inspection forms for use by City Staff and will enter data collected by City Staff into the database. 3) EEC will conduct periodic meetings with City staff to integrate sewer system and source control data and prioritize required activities. E EXHIBIT B-1 FOG Program Cost Estimate with OCHCA Support Period: January 1 to December 31, 2006 Rate Subtotal Total cram Implementation/Management T&M 12 months $6,000 $72,000 ual Assessment T&M 1 $7,000 $7,000 FSE Inspections hitting Inspections Unit 103 $121 $12,463 Inspections Unit 108 $58 $6,264 Inspections Unit 426 $74 $31,524 '/GRE Inspections Unit 62 $84 $5,208 ipliance Inspections Unit 140 $124 $17,360 Days Source Inspection Oversight andT&M 10 $1,190 $11,900 -up FSEs ement Inspections T&M 10 $251 $2,510 ement Project Management T&M 10 $1,490 $14,900 H $79,000 $84,719 $17,410 $181,129 EXHIBIT B-2 2006 Fee Schedule PERSONNEL CHARGES — The charge for all time required for the performance of the Scope of Services, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Geologist, Engineer, Scientist $85 Sr Staff Geologist, Engineer, Scientist $95 Project Manager, Geologist, Engineer - 1 $110 Project Manager, Geologist, Engineer — It $120 Sr Project Manager, Geologist, Engineer - 1 $140 Sr Project Manager, Geologist, Engineer - 11 $165 Principal Geologist, Engineer $175 Principal $195 Project Assistant $65 Technician $75 Drafter $80 Sr Technician $85 Compliance Inspector $85 GIS Analyst $85 GIS, Database Specialist $110 Construction Technician $60 Construction Field Supervisor $70 Construction Manager $80 Sr Construction Manager $110 Emergency response and client requested work during non-standard business hours will be charged at a rate of 1.25 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. TRAVEL. Field vehicles used on project assignments will be charged at $50 per day. The mileage charge will be billed by the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $40 per day. Lodging and Per Diem is billed at $175 per day. FIELD EQUIPMENT. Field Equipment is billed at standard unit costs. Rate schedules are available upon request. SUBCONTRACTORS AND REIMBURSABLES. The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. OTHER PROJECT CHARGES. The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. SHIPPING AND POSTAGE. Shipping charges include couriers and the postage necessary will be charged at cost plus markup. INTEREST CHARGES, Interest on late payments will be charged at the rate of 1.5% per month. This Fee Schedule is adjusted each subsequent year to reflect the economic changes Por the new year The new schedule will apply to existing and new assignments. EXHIBIT C 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 12 1-f - .11s ACD -RD. CERTIFICATE OF LIABILITY INSURANCE 12/06�z o PRODUCER (949)261-5335 FAX (949)261-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Environmental Engineering & Contracting, Inc. DBA: E E C 501 Parkcenter DriveINSURER Santa Ana, CA 92705 INSURER A: Zurich American Ins Co SC INSURER B: Peerless Insurance Company GE cGranite State Ins Co i WSURERDSteadfast Insurance Company INSURER E: wr_vc V 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. INSR DD' TYPED F INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDOMI POLICY EXPIRATION DATFIMW DMI LIMITS GENERAL LIABIUTY CLOS98179902 10/31/2005 10/31/2006 EACH OCCURRENCE $ 2,000,000 X COMMERCIALGENERALLIABILITY DAMAGE TO RENTED S 100,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 25,000 PERSONAL B ADV INJURY $ 2,000,00 A GENERALAGGREGATE $ 2,000,00 -0 - ,000 0OGEN GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 X POLICY PRO- LOC JECT AUTOMOBILE X LIABILITY ANvnuio CBP9S89097 04/30/2005 04/30/2006 COMBINED SINGLE LIMIT (Ea acddent) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Per... dent) $ PROPERTY DAMAGE $ (Per d.denl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY AGG S ANY AUTO _ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE 'L EACH OCCURRENCE $ AGGREGATE S $ _I L: $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC1S13868 05/24/2005 05/24/2006 - X WC STATU- OTHTORY I IMIT.% FIR C EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E EACH ACCIDENT S 1,000,000 E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below EL.DISEASE - POLICY LIMIT $ 1,000,000 ro PEC900929702 10/31/2005 10/31/2006 Each Loss: $2,000,000 D essional Liability, Claims made Total all Losses: $2,000,000 retro date 5/04/99 Deductible: $5,000 DESCRIP ION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ertTfiicate holder is named as an additional insured per attached policy form UGL1175ACW. his insurance is primary where required by written contract.*'Issued cert. with new we policy info 5/26 aiver of subrogation applies per the attached CG2404 °10 day notice of cancellation will be sent for non-payment of permium. OTE: Tutton Ins. Services, Inc. will notify the certificate holder of cancellation other than non -pay CERTIFICATE HOLDER CANCELLATION ACORD25(2001I08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana, its Officers agents and employees Attn: Steve Warral EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)WX00M MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KXOrAXXNkXA*XU)LNK& GlMXlXXdMXXL(X4Xdh` X)iX)tX➢SXIX XXX 20 Civic Center Plaza KKdNN(dkA6XA0KMXiMVANXXd(60XXXXMX3K4XXNXUXXXXXXXX AUTHORIZED REPRESENTATIVE Ik Santa Ana, CA 92701 Stanley Tutton 7ERMAI ACORD25(2001I08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 Additional Insured — Automatic - Owners, Lessees Or ZURLC'H Contractors - Broad Form Policy No. 11 Eff. Date of P.I. I Exp. Daze of Pol. Eff. Date ofE d Pr d Add'1 Prem Rete P rl L��-vM. 598 1 7 8902 1 I0 3V20ob 1 10/31/2006 1 I$ � f THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 07 is amended to include as an insured any person cr organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertils- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", Performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: L We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of.- a. f:a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, �hiylge orders or drawings and specifications; and ^7 U-01.1175-ACW(9/03) _.._._.-... Includes copyrighted materlal of Insurance Services Office, Inc. with its perrnission. Page 1 uf2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL.1175-A CW (9/03) Page 2 of 2 Tutton Insurance 1/13/2006 10:01 PAGE 001/001 Fax Server POWYNUMBER: COMMERCIAL GENERALLIABtUTY THiS ENCORSmwarT CHANGES 7HE POLICY. PLEASE READ RCAREPUIIY. CO 24 bio 10= WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS T7ia endoraetnent median h�naubce proddW YnaersM hAaAvh� COMMERCIAL. 606PAL U1BII.ITY PART: 7hb andommerd4hangn OIa pelioy efoUMe art fhsiroap3an dahoftlfepdOcy wdeasarro3ber der b bfdlcaPed betcac Endereemnda3ec&e Pdh.TPb. 10/31/2005 GLO598178902 12o1A.M.ebenderdUrn Named Inured COUMMwea by Environmental Engineering 8 Contracting, In Nana d Pa�aon of osyantratloa: City of Santa Ana, its officers, agents and employees tend adry appeere ebm. hmameeon regidredm compote bme endweamanbwif be Shawn biMDedwakm as aPPhabb to Oft andonnnent) The TRANSFER OF RW" OF RECOVERY AGAINST OOM TO US CdWASM (8w5 n JV=MMERCIAL GENERA.6 A8U Y CCNDfr &3)l =MX W bytl+a a 01 at *tit wk* Y%W&Wany fightMMWMyWoWal'h ea9*W4vPmMneregiefft&5MShoxRbntlfe9ebaddeabovebaeauee of Paymo m we M Ore w "ordnmge mbYp WA at ywza vwm vetaftwor myew ' r clan _ wdw a* 11m MMew or m9awi:9tim and bdoded M Yfe'podaM4Wpboed cprae Ihm pamm or or9 rhmom ehoam Latbm.Sehedula ebon. CG24041195 Copyright, b otrw"$ervb"O(1>onz, 1n¢, 1934 /I -zoos -Z,'S Fax Server 11A, 006 4:25:27 PM PACE 002/005( -ax Server ACORD CERTIFICATE OF LIABILITY INSURANCE °"TE'""""" ll/03/20[ rmmUcxm (949)261-5335 FAX 49 261-1911 HiSCERDFICAlftMM3UEDASAMATTEROFINFORMAMON Tutton Insurance Services. Inc. DN WAND CONFERS NO RIGHTS UPON HE CERTIFICATE IMAM S. n, CA St. HOLDER. THIS ALTER HE COVER TGE AFFORDED BY THE POUFICATE DOES CH'S BELOW. ND OR Santa Ma, CA 92705 INSURERS AFFORDING COVERAGE MAIC■ Nowzi En ronmenta Englneeriag 0 Contract ng, ne. N.RIREuw Zurich American Ins Cn 501 Parkcenter Drive NRmeRa Peerless Insurance Company Santa Ana, CA 92705 NRRRORO: Granite State Ins CD AyZUME Steadfast Insurance Cmlpan LavRm e DEPOLDIESCF INSURANCE LI 1t tLOW HIVE BEEN ISSUED TOTHE INSURED HAIRED ABOVE FOR THE ADLICYPEWOD WDDATED.NC MHSTAN04 ANY REDU[REME T, TERM OR CONDITION OFAW BEEN OR OTHER DOCLUEMWIH RESPECT 70 WHICH THIS CF.ROFICATE WYBE I&BUEDOR MAriR W.DQNSWMNCEAFFORDED BYTHE POLICIES DESCFAFD HEREW ISSNAIECTTO ALL THE TERNS. E7DLUSDNS ANDCONOIT1 ED R PDLMaES.Aer.TEGATE LAnrs SHOWM MAYHAVE BEENREOMEDBY PND CINMS. TTrEPFfYiueAIEE PPu.7mu K Fa YYFJfPIRA N �� *LMFAALuraa y GLO598179903 10/31/ w 2005 3D/31/zDC7 Finlocm s 2000 X auwlnatce+[3ut uAwRr ww.OeTPRDam i TOO I MMMSMAOE Q oo , A 1®E�tAIYIayP„y) i 25 PERSOWaAnvm s 2000 I GFLERALAGPREPATE i PfiM1AmcR-SiAiEIWTAPPUp PHl 2 DDGrI Mo.FRPpICTm-CORPA]PAOP S 2 DDD fi)ULY .ECT LOC AMU� CEP9599O97 04/30/2006 04/30/2007 X C �amaYAeuurt Asrwlo s 1 ODO C AuoAamAuraa g MMEDIAm AURM P V DU RY = HAMAUR2 NCnOHR®MfIOr BPnEYxaIRY i RMr�,dllrq PMTPeiYf)wxIA6E i aAAAaE U+mAifY AUIPPYY-FAA03FJII i AHYwTO OTMEAIINY FAAGC i wIP P`lr AGG i N[CLmaUHRmH1AU1aUfY fitW OOPTiRENLE T PR.LR �RM➢NSS aICE ApOREIiAIE F om=ztBN C D �.iabil ity, Claims made I insurance is priantry where required by written contract. W of subrogation applies per the attached M2404 day notice of cancellation will be sent for non-payment of permius. **Amended X-ing out the Clause on the 3I/9/06eO City of Santa Ann, its Officers agents aid amplo eas Attn: Stave Yarral 20 Civic Center Plaza Santa Ma, CA 92701 ACORD25(206 'FAX -(714)667-2310 r-1414 aA'r-1"11e'jovrre_( X ?347 i ML Total AllLosses: $2,000,000 Deductible: $5,000 form UGL1175ACIi. mxouliAM' W MCAaWe nERW6L0POLICIFDmeGVICatIDaVPTETnE mmllAnfw oAni nIPAEOF, TRE aanmm RxeumEn 1nLL ( 1 W L *30 MR NARTENIgTRE1i TIECeRIiy{R em[DRINV®ia TME IEFf. I Stanley Tutton/SUSAN 7e--7 `✓d"^^ Air PROVED AS TO FC RIM =CORD CORPORATIoNIS" iaura Stitt Assistant City AtLon,ey Fax Server 11/G( )06 4:25:27 PM PAGE 003/005 � ax Server Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH l7DSENDOR.SEMENTCHANGFSTHXPOLIM PLEASE READ ITCAREFULLY. This enbrseorcnl modifies immr;vne pmv(ded under the: Commerdal General Liability Coverage Pan A. WHO IS AN INSCRED(Sasion ll)is amerdmw Ewhl&asanimuredamrpeeanorargtdrrcbnwhamvou.im acquired to add:rs as oddittonot insud on [his policy udora wriden eonroct orwdneu agnermn. M The insurance prmvded to addtiorcil insureds applies only to'bodih injury-. -propegv diawq;G` or'pcmwd Bad dsenin. nql rgjI*" covered miler Section I. Coverage A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and CO"rAp B. PERSONAL AND ADVERTISING INJURY LIABILITY. but only if, L Vi; -bodily injury-or-PIUKErl• d[ralDe results from your nalgirnot:and 2 Tho -bodily injury-.-PraPawdamatto or'permml and advraisiny Erilury'rearbi dirtrlil rrour: a. Youroagp(ngopmfloTwor It "Yaurwork' cnmpleoed as Eireluded m the •pmducts.rvmpklyd operadom heard'. peortoed for the additiontd insured. which is [besubjeol of due xri(ten aonriact or written agreeufen. C. Howaer.iesudkwofdrepmvisionsofpamgmphs A,wd B. above: I We will wtevurd nun iraunrax cos•enge:o arp atldidursdinsurd person arorgrmr�don: a. Thais wipmcidedmymrin rias polky: ar b. MCI!isam'bratdcreasegpedao)ouarc mclairod to pror'Wc m Ibeaddidooalimumd permnorureani-Tian inthe amenconhacrorwritten agnn maril L WO "ill not ProvldC Limits of lnSuraft to -Am additional insured pcesonororpnialion lhu c.,oxod do loa•eroC a Me Limits of Insunrce pmsided 10 you m this policy: or b. The LtmiD oflmutanwyooate required to pmvldc in the written comract or udaenoliptcmw. M The awance palvidcd to the additiorD( hamd person or orgnniralion does rot opply to. 1. Itodiii ialusy"• 'Pmpem' 4unage' or'petsonal arca afiedisinK iojun' that sesuhs solely [mm ncgligencc of dw;dd;• Oar Wt homed. di 2. -Bodily injoiy-. '-Progeny damage` or'permwl aril adyenidng injury rising out of Ih modering ac taihuc to n:rderarry• pmfnsioml archEteannl. arginsnrg arsunLyira senicra<inclrsyrsg: p ThcPrcWrinp. aPProrvtGwGilisrs to piclae or appmrY asps. shop drarbsR opinions rcpons. sins Geld otrYrs. ¢hangs atdea dr dmwirq(s and specifiratians: and t:ct.tal..kcw twin 4-OWMeaprdarred neteral orinsunima Sarien Office. m, wk naw ,,,Goa pwIart _fUla Stitt 5,::._,f 4_s.. twat City At,w i.n Fax Server it/� 306 4:25:27 PM PAGE 004/005 ( -ax Server h. Suprnimry. In�celica arohitxNrAtareggoadng xhyldcs. L The a didonal insured must seem It That! I. Weamcourtedusonospi=jcbk-ofan-om=ncc-oroMmomatmoytechinacb1m- 2. We rRsise wriurn room ofa Ueim or-sub'asoonas pnc[icb(c aid 7. A request fardefena and iodeatray of the eWm or`air' will Pmmpty be bmlpiht agaianerc,policy issued bym- ofher lmrmr urrkrwhich the additiomh ImurcdyhsD las riphu as w imvad oraddhiotn{ lnutred F. The innumi c providW by this o doagaam is Primer-* imuMmc, andwe will not stxk contrtbutioo from any other in- saru¢a atailable to any addidonal Insured person or otyxf onion unless dm other insurance is provided by a conlmctor olhertlun you for The sync op11126om and job location. Tbcawe will Woo with that othcr instu rm In, The method de- scribed in plum6mph4.r. of SR.CffoN fV-COtd91ERC1AL GENERAL uAsiLf7Y coNDmoNs. Any provisions io this Cotmwgc put ml clanged by the turns aid eaoditioas of this endonemem mnticue fall. to apapplym vrtit- 1'14[1: nos..rcwlyast P.W l al As—slant City Atte :. Fax Server 11/�- )06 4:25:27 PM POUCYNuMBER: GLO598178903 PAGE 005/005 l ax Server CONOMICIAL09rilRXuAR& Y CG 21011043 T1113 EMMRICAOENT C"APIGI a THE POLI;'; PW,4= READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Tho endersemud m04W k=mw Prommd imda ft Raanain0- COMMACIAL CENERAL VA9II.ITYCOVERAOE PART Name ofPSMW erSCHEDULE NSanDa4an: (1! b MDY aPpram aDOve, adgitulyon rcp.inC •n eMIPNEr Mb anQrnamau rVl b+ha«n M Aa DeeWahon► ar eppLrJDk m dis emrrramorLl The TRANSFER OF RIOHTS OF RECOVERY Al RST OTHERS TO US CondZw (SWW N - C,OUMERCIAL GENERAL UAINUTYCONDIMNS)a27mr10rd DyMr6ndd%0mofda&W kla ft wave aw Runs or I COnum m4h OW Freon a OluaF& dm and I WvsT orry to dw parson or awiaCon ihw" CO24041093 IQ Oldor yourOa471110 OPaRSi m a'*w NOR{' Wa endOr :ftmis 'OWUML-, Cvmpiatad opwR hatwe, Thr waiver COpyrglR, Ireuraner 6aM1iCaa 9fllee, IrlC.. 1802 x -ROVED AS TO FORM 0432409 7o-93 MCOuE.pdf Assistant City Atlor:jey