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HomeMy WebLinkAboutTom Malloy dba Trench Shoring 1 (2) AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Ca11647-5238 if you have any questions. The agreement with v , No.,/1~~ ~-ov (_ -ya ~ -~ eZ 3 ~ ~.c / and final payment has been made. was completed on Department: ~ ~G~A- Signature: ~ " `- ~/ ~ ' 3 3 ~~G Date: ~ ~ d 4 Revised 8-7-03 City of Santa Ana Clerk of the Council -_____~ "-"'URi~,N( [:"1 FlL' N-2006-008 :Ji_,',' ~ ",. 'Cd,,' " '""Ii,,:,!l)i\--.,q,. '~_J1_:J,~:::. .P. 6..-- l,jLLi':, ur~ :,), 'ii'~!, i' CONSULTANT AGREEMENT !>ii;' /_)(./o\. THIS AGREEMENT, made and entered into this 20th day of December 20, 2005 by and between Tom Malloy Corporation dba Trench Shoring Company, 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 training in excavation, trenching and sloping techniques, protective systems, soils classifications and confined space entry safety. 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 train 25 City employees on CAL-OSHA Title 8, Section 1540 through 1541.1, requirements pertaining to excavations, trenching and sloping techniques, protective systems and soils classification, with an introduction to confined space entry safety, 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, $125.00 per trainee. The total sum to be expended under this Agreement shall not exceed $3,125.00 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, 2006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to ernployees and shall be responsible for all applicable withholding taxes. S. 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. 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. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 (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. d. 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 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. 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 3 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: Public Works Agency - Water Administration City of Santa Ana 220 South Daisy Avenue Bldg A (M-85) Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Ray Burk 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: Trench Shoring Company 636 E. Rosecrans Avenue Los Angeles, California 90059 telefacsimile 310-327-5700 Attn: Kelley Malloy 4 A party may change its address by giving notice in writing to the other party. Thereafter, any 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 te1efacsimile, 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: Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 5 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 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. II II II 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: /~ "ik~ 0"" A~ -<:'./ e, ':#- PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney , \/ -" , . /x l _ ' ,,_ , '., .. i By. . ". \ (. . I -_~"', ,,{ ,,11 / Laura Sheedy / Assistant City Attorney RECOMMENDED FOR APPROVAL: a CITY OF SANTA ANA D^VI~a- City Manager CONSULTANT ~"'o.JT.~ (TITLE)~ Tax ID#q, <;: - "2- 1::."1 '-1'3 --z...."( 7 Sent ~y: !rencn JtlOrlngj :..11 U;j;~ I !j~,,:1 j NOV-~~-U~ ~;l~~M' t"'3y~ l!.tl!. .. .. - ' '" " '--".,' . :-: " '-, ",::':',; . ,..., , :','., '., ...,,"' "'" :_';'::""':-"":':-.::: ....,.. ....Wc..i80Pi'o'ndll:iJm,;n=8~yiJili ,f~i1it'/' tr.ri~ is,JL IS.ptIlimI' rr.i~ifuUlilpudaY'~4i.iit;;m,,4\I.~tjj~ost ..' .....ii 'MSI25.00pet~s..a ph,stta1il:leiipenses (0Utside ofSouth.."riiCi>liforiria).Yllllieuii.piii!,.fi!ilV.;m,stlie . .i............i.ll'iiiiliag f..eility.~ Wilh~vethead:"'oj""t"r.&.~i')W: .&NCR;..wipe:oitlKi.v-d Qf.elialkbOlifil....: . . ')'. and lunch aff<lngemenu. The COUl'5C length is .pproximately1-U2)iours. . . '" " , ",' . Nt1CA:roMt:ilf,Ntms()NTIti\.tN~GSEMlN~' . . ....The Compcte.ilPenon Trailling Seminarcovm IheCAL-QSIlA1'itIell, Se.;tioti 1540tb;;,ugh154 10 I'. .. reqil~nliipei1l!ining tntXC8vatiOns, lteIicmngand sloping techi)iq\les. ptQtM\ivi;~r~ldns lffid soils' 91as$ificlftionWith~inlrodjjctiQ!!locQnfiried Splice entry iiafety: .. . ... . ';'''', '" ". ,'," . . .- ,-".' "".- ". .- ,"'..,'" ,.-'----""-',,. ;. . ,,' ,', '" w" e' '". 'It... ....,;"thj;,~"'m.. '.n....I. eo'.' '1'. nf ~ "'inn.... ..........n in' o";,Ai,,\, . .,;";;;':"~;;..,~,;,.,; h,,:':,;:,ii~ . . ,,',:_ ",.-~"'- .'11~~,_-:-~:;1:,~. ,."'"':- -'" -:-. "" -.'" .l!_,:-,"_,vvr-~~ ........__u -~' ~'---'-"..'O 'v...<Ur_...I1l:UCi"',,""- m];".J.uvv~.. . '~fiC!iite of Ih~~letiont .cOti..tincntilLhrea.kfust ar-.d lunch. . , '" .. :""--." NUCAt6NlfiNEDSl>AtEENTltt~tf' . . -""-'. . '., . ':,':'.::':",,----, '--"":-'-:-,:--", --,' "..". .. -' -' -' :,::-,:. ',',":. ':"",':,-::, '.;.--....-.--- '. '.' ....iiretonfmcdS1liiCc Entry.Ttaining Scminar is intended to proVideinimilgfts.fo!tlrieIi,compelenr . '1l""5OiJS' andworker1i wiffibilSic irifolTilation reg.filing lintr}> i~lt) oimtYiicdspace1i. .1t'spurposei9 ~dedtn t;resti:.llnawarene.sof thehllZllrrn. a..saciated withcoitfined~eeritt1. .Iii helpwor1rer. .' . ......(mdeTsraiiiltlie iifiicedurea that mUst be followed when enteriri!!corifuied ilpaies,tiiidtoptOvide . managers withb".;c infannationnecessary to e5111blish a c<irif.Jied~paCe entry progniiji- .. .. i'hiscQ\lroe\\'lifli""i.1 participants with the following: . ' ,'" . ,.,-",.. . '. . " .. .'" " , .." g]&tili.f);OOrifincd, ~Qeit. '. . .. . .. . Ii> .' . Q .:!krl'lOristmle kiiowled$cQf'confiri.d"paee .ntryrequLiii....-*"1 . Q.~~!ll:lt~".iiz!!r<k" . iii Srtlip it bllsi. cinifiile\lipsce entrypioil'8m ;, -,,' .' , " - '.. . .. ,~:'. .' .. , " '. :', ''-:'.: - , :. -. '-,',:''', " . .. · . ...Thete:l"iil.be..~.testiliffil:81ih~aid '()feilcitsermt\lltto.!lhiiWcM;1pt~lItfisl6n "rtnilerJalc6~\!ted.'." .PI~ecortmt JCelleyMallOy "t31(j~327'5554 fur further detailiAiiil ilCheduiliig. . .. . . . .. ~,..,i..0Imt ........... . . 616.Il.~.........!:ULI.-A~~::.,.:. . 'ftllAnpta,;,CA.'900~S'~ . . . 31ci-m.'~.. . _Pn:-JiO--:n1':tl1W' BrlAta-Leu!UiJU . .C=o>a. OJ I :7l(..(290 F~..!!!l~ 714.879.iOOj Uh_f~t..'___:, ' 949:.454-0838 ,!_.(:.....;q....k_ . IlOM2046i. ~~.'Di~.."" .RS8-4/)~5 EXHIBIT A 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 ofliability. 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 "'- ... Date (mm/dd/yy Produ Bobbie Detki 1/19/2006 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. Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Ave,. Suite 100 Tustin CA 92780 714505.7000 www.wgbib.com License No, 0679263 IN UR R A RDIN VERA E INSURER Hartford Fire Insurance A Insured Tom Malloy Corporation DBA: Trench Shoring Company 636 Rosecrans Los Angeies INSURER Transcontinental Insurance Co B INSURER C Hartford Insurance Company of the Midwest CA 90059 INSURER INSR TYPE OF INSURANCE POLICY NUMBER LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIAS 72CESOA2655 11/1/2005 11/1/2006 FIRE DAMAGE (An 1 fire) $ CLAIMS MADE [Z]OCCUR MED EXP (An one I!f'son) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ LOC $ 2087913231 11/1/2005 11/1/2006 COMBINED SINGLE LIMIT $ 1,000,00 BODilY INJURY (Per person) $ BOOll Y INJURY (Per accident) $ PROPERTY DAMAGE {Per accIdent) $ AUTO ONLY - EA ACCIOENT $ OTHER THAN EAACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS' COMPENSATION & " STATUTORY LIMIT THER EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 72WEOA8670 12/9/2005 12/9/2006 EL DISEASE, EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ " DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ( City of Santa Ana Public Works Dept- Me. Mike Murrietta 220 S, Daisy Ave, Bldg, A Santa Ana CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. SENTATIVES. .10Da s for Non-Pa ment of Premium AUTHORIZED REPRESENTATIVE ~~7~~ ," '" ACORD 25.S (7/97) IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~ ;;zJ3 created at www.eCertsONLlNE.com , . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILiTY POLICY Insurance Company Hartford Fire Insurance Thill endOrSCll1Cnt rnudiflcs such insurance ns is ariordcd by (he provisions t)fPolit.:y # 72CES0A2655 relating to the following: L 'nle City ofS;mlll Ana, 20 Civic Center Plaza, Sonlll Ann, Clllilhm;a 91701: ib officers. employees, agents. volunteers 1I1ld representatives are named us additiollul insu"cus ("additional jnsureds") with regard to liobility and defense of suilS arising from thc opcl1llillns and uses performed by 01' on behalfofthe named insllred, 2. With respect to claims arising out of the operations and uses ped'orlllcd by or (Jll behaJfof!he named insur<XI, such insurance as is afthrded by thlS policy is primmy ami i,\ nol additional to or contributing with any othcr inslll'Unce carried by or I," the hencl!1 ol':he additional insllreds, 3, This insumnce applies separately 10 each insured agai""1 wl)(lm claim is madc or sllir is brollg]H except with respect to the wmpany's limits of Ii~biljty, Th,' inclusion or an)' person nr org~niZlllion a" an insured shall not affecl any right which such person or organization would have as II cluimun! if'lO! so included. 4, With respect to Ihe additional inslU't.'<is, this inSUra!lCe shall nul be cuneelled, or materially reduced in eovemgc or limits except uftn thirty (30) days wrillen nOliee ha, been given to the City of SlInla Ana, 20 Civic CCOIer Plaza, Sanm Ana, Cali Fornia 9270 I, {Completion oFlhc (ollowing, including countersignature, is required (0 l11ukc this clldorsenlent ctlcctive. ) Effectiv(' 01/18/06 , this endorsement form us u part of Policy II 72CES0A2655 Issued to The Tom Malloy Corporation dba DBA: Trench Shoring Co, Named jnsured C0l1l1tcrsigncd by / AUlhorLzed Rcpn::senlUllvc ~J8 8 ~coib' 1..CERT'f"leA'fEiOELI.JA.~1L.r(",Y.INslJRA~E5." ! Date (mmfddfyy) .. ... . 12/12/2005 Producer Gina Gradillas THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bo~art Insurance Brokers THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 15901 Red Hill Ave., uite 100 J1~ERS A~F Tustin CA 92780 714505.7000 INSURER Hartford Insurance Company www.wgbib.com A of the Midwest License No. 0679263 INSURER Insured B Tom Malloy Corporation II -;;00&- oor! INSURER DBA: Trench Shoring Company C 636 Rosecrans INSURER Los Angeles CA 90059 D COVERAGES -cc 'i.;. / . . '..;" ..... ....../.. .. '. 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 CONDITIOriS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR EFFECTIVE EXPIRATION TYPE OF INSURANCE POLICY NUMBER DATE DATE LIMITS LTR M GENERAL LIABILITY EACH OCCURRENCE $ ::J~MERCIAL GENERAL LIAS FIRE DAMAGE An'" 1 fire} $ CLAIMS MADE OOCCUR MED EXP (Anv one oerson) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGG LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ I POLICY nPROJECTnLOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO . ALL OWNED AUTOS BODILY INJURY SCHE.DULED AUTOS I?~)'" (Perpersonl $ HIRED AUlDS '; ~---ejC /; BODILY INJURY f- NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Peraccidentl $ R~RAGE LIABILITY AUTO ONLY - EA ACCIDENl . ANY AUTO OTHER THAN EAACC $ AUTO ONLY' AGG $ EXCESS L1ABIUTY EACH OCCURRENCE $ P~CCUR 0 CLAIMS MADE AGGREGATE $ $ H~EDUCTIBLE $ RETENTION $ $ WORKERS' COMPENSATION & STATUTORY LIMIT' I h-rHER 6 EMPLOYERS' LIABILITY EL EACH ACCIDENT $ , 72WEOA8670 12/9/2005 12/9/2006 EL DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHIClES/EXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS This certificate is evidence of Workers Compensation renewal coverage only. CERTIFICATE HOLDER '>' .. CAI\lCEl..LATION../J< ...... .' '.' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO MAil ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLlGA lION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. 20 Civic Center Plaza SENTATIVES. * 10 Davs for Non-Pa"ment of Premium Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE ~~/~~ Donald L. Wood ACOIlOil!s.s (7/97) 712 '.. ci"ea~$datWJNW,~~'C'ertsoNUNE.cOt1'\:~? (;)..ACORD CORPORA riOt.! 1988 >- ' ~ ACORD 25-5 (7/97) IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(jes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. created at www.eCertsONLINE.com Wood Gutmann & Bogart Insurance Brokers 1.5901 fled Hill AVe.. Suite 100 Tustin CA eCertsonline CertificateS oIlns"ranee & EMenea oIl'roperty U.S. Mail Document Gina Gradillas City of Santa Ana Phone: 714 505.7000 Certification of Insurance The Tom Malloy Corporation 12/12/2005 20 Civic Center Plaza Santa Ana CA 92701 No.ofPagesj 3 www.wgbib.com This document was created by eCertsONLlNE. The attached or linked document(s) contain certification of insurance coverage for the insured named in the subject above. 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