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HomeMy WebLinkAboutTait Environmental 1AGREEMENT TERMINATION Iii U Please complete this form when the attached agreement is no longer lltFk;ffe"dt. Return form to the Sr. Deputy Clerk of the Council (M -30) Call 64 = 23 $ iTyo x Saga tt� y questions.__ The agreement with was completed on _. GLf y f e �� and final payment has been made. Department: Signature: Date: City of Santa Ana Revised 8 -7 -03 Clerk of the Council INSURANCE NO'!_ ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE::, -(3 --DG- 6' P {6 I (,C r-,Y " A- 2005 -299 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 19`" day of December, 2005 by and between Tait Environmental Management, 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 Hazardous Materials, to prepare a Hazardous Material Emergency Response Area Plan for the Santa Ana Fire Department. 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 compile existing data, procedures and programs to develop a comprehensive Hazardous Materials Emergency Response Area Plan, 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 $32,000.00 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 delivery, and acceptance by City, of the Hazardous Materials Emergency Response Area Plan, unless terminated earlier in accordance with Section 12, below. 4. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product arising from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to copyrightable material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, the Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such material may not be copyrighted without prior review by the City: (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 5. 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. 6. 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. Due to the nature of the services provided, Commercial General Liability insurance is not required. 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. 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. 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 negligent 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. 8. 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. 9. 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. 10. 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: Fire Chief and City of Santa Ana 1439 S. Broadway Santa Ana, California 92707 telefacsimile (714) 647 -5779 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: Tait Environmental Management, Inc. Thomas N. Dixon 701 North Parkcenter Drive Santa Ana, California 92705 telefacsimile (714) 560 -8235 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 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. 11. 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. 12. 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. 13. 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 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. 14. 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. 15. 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. 16. 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: 44 Laur Sheedy Assistant City Attorney CITY OF SANTA ANA L426z� , DAVID N. REAM City Manager TAIT ENVIRONMENTAL MANAGEMENT, INC. EDWARD E. BATLLE Vice President Tax ID# Tait Environmental Management, Inc. August 15, 2005 Mr. Mike Buren Santa Ana, Fire Department 1439 S. Broadway Santa Ana, CA 92707 SUBJECT: PROPOSAL TO PREPARE HAZARDOUS RESPONSE AREA PLAN FOR SANTA SANTA ANA, CALIFORNIA Mr. Buren: MATERIAL EMERGENCY ANA FIRE DEPARTMENT, Tait Environmental Management, Inc. (Tait) is pleased to present this proposal for the preparation of a Hazardous Materials emergency Response Area Plan (Area Plan) for Santa Ana Fire Department (SAFD). Tait proposes to prepare this plan in accordance with guidelines set forth by the State of California Health and Safety Code to be utilized within the jurisdiction of Santa Ana. It is our understanding that the Area Plan will be expanded in the future to be used by Santa Ana Fire to accommodate the needs of neighboring cities. OBJECTIVE The objective of having an Area Plan is to provide a readily available and usable resource that facilitates the protection of public health and safety, and that of the environment, during planning and while responding to an incident involving hazardous materials release. SCOPE OF WORK Information needed to prepare the Area Plan will be derived from existing documents and databases for the majority of the requirements. The following scope of work will be provided in order to prepare a working Area Plan document that can be utilized to facilitate "ready information" availability during incidents where hazardous materials emergency response activities are warranted and for pre - planning purposes prior to their occurrence: • Obtain readily available 220 high risk Business Emergency Plans (BEP) from Santa Ana's database (designated /prioritized by Santa Ana) for review and information retrieval for the assembly of hazardous material lists containing hazardous materials quantities, site locations, containment facilities /equipment, `Engineering Solutions to Enhance Project Valuc' w w.Yait.com Mr. Buren August 15, 2005 PROPOSAL TO PREPARE HAZARDOUS MATERIAL EMERGENCY RESPONSE AREA PLAN FOR SANTA ANA FIRE DEPARTMENT, SANTA ANA, CALIFORNIA Page 2 of 6 • monitoring status, communication/contact information and other pertinent data essential for the Area Plan information base. • Obtain existing emergency protocol and contact information used in Incident Command System organizational processes. Prepare an Area Plan specific for the jurisdictional boundaries of Santa Ana in accordance with the guidelines set forth by the California Health and Safety Code as presented in the section below. • Provide SAFD with up- loadable media of a completed Area Plan after the reviewing office (Office of Emergency Services) has given their approval. Additional IT services can be provided pending the needs of SAFD. It is Tait's understanding that we will be working with a relational- interactive database. The assumption is that we would be only adding a new layer or two of data into Santa Ana's existing database. However, the extensiveness of Tait's involvement could evolve dependent on how specific the information is, it's source type (e.g. type of database, program or document type, and the usability of the data), and where it was derived, what Santa Ana's requirements are for the maintenance of the Area Plan and its functional elements. It also depends how often the plan will be updated, and how much management time Santa Ana will require Tait to be involved with the site /application. If a more in -depth perspective is required, Tait would need access to SAFD's existing application and database to research the requirements to ascertain the level of effort needed to complete the job, and may require a budget adjustment. AREA PLAN OUTLINE The following is the general outline of the Area Plan that will be followed: Introduction and Area Plan objective and contents summary Table of Contents Abbreviations, Acronyms and Definitions Functional Elements of Area Plan- t. Protocol and procedures for emergency response rescue personnel, including the safety and health of those personnel. a. Emergency response procedures (Obtain and prepare from existing SAFD documents and /or protocols or equivalent procedures that SAFD follows developed by others). i. Fires and explosions resulting from a hazardous material release. Includes the categorization of various types of fires for appropriate emergency response (i.e. chemical, fires adjacent to high risk business or high risk areas, etc.) Release of hazardous material which means that any material because of quantity, concentration or physical or chemical Mr. Buren August 15, 2005 PROPOSAL TO PREPARE HAZARDOUS MATERIAL EMERGENCY RESPONSE. AREA PLAN FOR SANTA ANA FIRE DEPARTMENT, SANTA ANA, CALIFORNIA Page 3 of 6 character, poses a significant present or potential hazard to human health and safety or to the environment. b. Health and safety procedures of emergency response personnel with medical surveillance and personal protective equipment (Obtain and prepare from existing SAFD documents and /or protocols or equivalent procedures that SAFD follows developed by others). 2. Pre - emergency planning a. Identification of fixed facilities required to submit BEP within Santa Ana city limit (220 high risk BEPs have been identified by SAFD). b. Identification of routes likely to be used for the transport of hazardous substances from the list of extremely hazardous substances. c. Identification of additional facilities contributing or subjected to additional risk due to their proximity to facilities such as hospitals or natural gas facilities. d. Identification of sensitive railroad derailment areas. e. Identification of sensitive areas such as water supplies, residential areas and sensitive institutions such as schools, hospitals and homes for the aged). f Information sources access such as weather /climatological data, demographics /population density, traffic patterns, land use and terrain/geography, transportation impediments (bridges, tunnels), surface drainages and catchments. 3. Notification and coordination of onsite activities with state, local, and federal agencies, responsible parties, and special districts (Prepare notification go -by) a. Listing and prioritization of agency, responsible personnel, and public safety and governmental department for emergency response incident notification and documentation (such as municipal government, emergency coordinator, communications personnel, fire services, law enforcement, environmental agencies, health agencies, and public works). 4. Prepare training guidelines for appropriate employees. a. Hazwoper training (including PPE and decontamination; and identification of hazardous materials and confined space entry). b. Specific training on this Area Plan. c. Incident Command System (ICS) organizational roles and responsibilities 5. Onsite public safety and information (Prepare guidelines from existing city, county or state protocols). a. Isolation of incident area from public b. Shelter in -place or evacuation c. Public information warning systems d. Public education and pre - emergency planning 6. Prepare required supplies and equipment list. a. Fire fighting equipment, PPE (including PPE and chemical suits), air monitoring equipment, spill response and containment equipment, chemical and radiological detection instrumentation and equipment. Mr. Buren August 15, 2005 PROPOSAL TO PREPARE HAZARDOUS MATERIAL EMERGENCY RESPONSE AREA PLAN FOR SANTA ANA FIRE DEPARTMENT, SANTA ANA, CALIFORNIA Page 4 of 6 7. Access to emergency response contractors and hazardous waste disposal sites (Preparation of lists categorized by subject priorities below. Does not include compliance auditing of disposal sites.). a. Listing of licensed city of Santa Ana - approved hazardous materials emergency response contractor and disposal contractors, and contact and communication information categorized by type of emergency response service and type of materials. b. Contracts of emergency response contractor providers. c. Certified laboratory testing services. d. Licensed environmental consulting services. e. Listing of hazardous waste disposal sites categorized by type of waste and proximity to route from incident site. 8. Prepare incident critique and follow -up guidelines. a. Guidelines and format for the evaluation of emergency response management, emergency response coordinator, communications and notifications, field response team preparedness and actions, private contractor response team preparedness and actions, participating institutional support group preparedness and actions (i.e. law enforcement, public works, health department, environmental agency, etc.), subsequent adverse impact effects from incident response including accidents, injuries and death. b. Lessons learned, follow -up inspections and corrective measures inspections and documentation. 9. Provide guideline requirements for notification to the office of reports namely Office of Emergency Services (OES) a. Submittal of initial Area Plan for review. b. Revise Area Plan after OES commentary. c. Area Plan finalization. d. Review at least every three years and certify its completion with OES. e. Institute onsite inspections of businesses and identify, enforce and recommend corrective and preventative measures. f. Submit plan to establish data management system. COST BUDGET, SCHEDULE AND CLOSING The attached cost breakdown outlines and estimates the level of effort and associated staffing and extended costs for the preparation of the proposed Area Plan. It is Tait's experience in preparing large -scale business emergency and contingency plans, and health and safety plans, that a clearer estimate of the effort level is realized once the various sources of information are known (e.g. information databases, existing protocol documents, available support team elements, jurisdictional, statutory and city policy limitations and the accessibility of information and support staff contacts). For this reason, levels of effort and the extent of desired detail in the Area Plan should be Mr. Buren August 15, 2005 PROPOSAL TO PREPARE HAZARDOUS MATERIAL EMERGENCY RESPONSE AREA PLAN FOR SANTA ANA FIRE DEPARTMENT, SANTA ANA, CALIFORNIA Page 5 of 6 subsequently discussed. Additionally, 'Fait realizes that the uniqueness of such a document may require more emphasis in areas deemed more significant to SAFD, and less emphasis in areas less important to SAFD. Tait can provide a more useful tool for SAFD through a "round table" kick -off meeting with the SAFD and their supportive team leaders. Through this meeting, resources and subject areas can be identified and prioritized, and budget adjustments can be changed accordingly, based on SAFD's identified needs. Depending on the availability ad extensiveness of data, the preparation of the draft document would require approximately 3 to 4 months. Tait can begin work within 2 weeks of a notice to proceed from SAFD. Additionally, subsequent to the completion of the document, Tait would be available on an as- needed basis to upgrade the document on a separate or amended contract basis. EXCLUSIONS This section provides additional information to the scope of work to prevent any misunderstanding as to what is intended and what may be unintentionally implied and misinterpreted as a required scope of work. The preparation of the Area Plan document relies on pre- existing protocols and guidelines related to hazardous materials emergency response procedures developed and followed by organized government professionals. The intent of this Area Plan is not to redesign those guidelines. The preparation of this document does not include site inspections, compliance audits of businesses /facilities, and on -going training of personnel. Tait has offered, as part of this project, to perform a Hazwoper refresher training session. Tait is reliant on maps and information databases for sensitive areas and institutions, public facilities, road and traffic patterns, and road and railroad map corridors and transport impediments, and is not intended to provide field inspections or verification studies. Although the Area Plan needs to be reviewed and certification with the OES at least every three years, this scope does not include costs for the future maintenance of the document. Tait recommends having our designated IT professional evaluate SAFD's existing relational- interactive database for its compatibility and expandability for adding new layers of data prior to the onset of this project. CLOSING We believe that Tait can provide the highest quality of professional services in the completion of the Hazardous Materials Emergency Response Area Plan, with the added value of innovation and thoroughness needed to tailor the plan to cover unique situations characteristic of Santa Ana's needs. With Santa Ana aspiring to take the lead in providing future neighboring community services as part of CUPA, we believe that Tait can provide a model Area Plan that will set the standard. 'Tait appreciates the opportunity to be of service to the Santa Ana Fire Department. Should you have any questions regarding the information presented in this proposal Mr. Buren August 15, 2005 PROPOSAL TO PREPARE. HAZARDOUS MATERIAL EMERGENCY RESPONSE AREA PLAN FOR SANTA ANA FIRE DEPARTMENT, SANTA ANA, CALIFORNIA Page 6 of 6 please do not hesitate to contact the undersigned at your convenience. Very truly yours, TAIT ENVIRONMENTAL MANAGEMENT, INC. Thomas Dixon Senior Project Manager Attachment: Cost Estimate Monica Oscarson Certified Industrial Hygienist M:A "I EM2 \Proposals \Santa Ana Fire DepartmentVArea Plan for SAFDAProposal SAFE) Area Plan.doc �k \ � \ \ $ ®\ � \ � ƒ % \k % \} � \ �\$ �\ \\\ � � � � rwivi a� =,,mo:, , \ \ \ \ \� f \\\ &\ m% yo# k\ a\ » \ \ § \ \)- } \ } \) ,,; - � \ } } }fy=# «4 \ \ \ \ \� f \\\ &\ m% yo# k\ a\ » \ \ § r Client#: 6420 TAITASSOC ACORD, M CERTIFICATE OF LIABILITY INSURANCE 09 /01 /05DmI PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OI P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOVI Santa Ana, CA 92711 -0550 714 427 -6810 INSURERS AFFORDING COVERAGE Tait & Associates Inc Tait Environmental Management P.O. Box 11118 Santa Ana, CA 92711 -1118 A 116 -9 Ca INSURER A: Zurich An INSURERS: Travelers INSURER D. INSURER E: Insurance Co. lity Co. of Connectic COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDII ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED C MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D T M POLICY EXPIRATION T MM DD ATI LIMITS A GENERAL LIABILITY GLO921171800 09/01105 09/01106 EACH OCCURRENCE $11000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) CLAIMS MADE uOCCUR INDP.CONTRACTORS MED EXP(Any one person) $10000 PERSONAL & ADV INJURY $1000000 X CONTRACTUAL INCLUDED X BFPD XCU GENERAL AGGREGATE $2 000.000 GEN'LAGGREGATE LIMIT APPL IES PER PRODUCTS- COMPIOPAGG $2000000 POLICY PRO- LOC JET • AUTOMOBILE LIABILITY ANY AUTO BAP921171900 09/01105 09/01/06 COMBINED SINGLE LIMIT (Ea accident) $1,000�ODO X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ X HIRED AUTOS NON - OWNEDAUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN - — $ ANY AUTO — - - -- $ AUTOONLY: AGG • EXCESS LIABILITY SE0921172000 09/01/05 09/01/06 EACH OCCURRENCE $4,000,000 AGGREGATE $4 000,000 _X1 OCCUR 1:1 CLAIMS MADE Professional Llab. $ is Excluded _ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND PEUB950SB81105 071U7/05 07/01106 X we SLIMIT CT4- WC I__.I_ER_ __ _ $1,000,000 EMPLOYERS' LIABILITY _..�T E. L EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A OTHER Professional EOC921336600 09/14/05 09/14/06 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONWEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: UST Removal next to City Hall. The Certificate Holder is hereby named as Additional Insured as respects General Liability per the attached endorsement. City of Santa Ana Office of the City Attorney P. O. Box 1988 •F- -- __.. Santa Ana, CA 92702 L: i r' ` u : 1 Uy >I I t ACORD 25S (7197)1 of 1 #M136411 LD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH E EXPIRATII THEREOF, THE ISSUING INSURER WILL XXRWAXS)IP MAIL AD— DAYSWRITTI E TOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BK3&VAX Rx"XAMAIOA O ACORD CORPORATION' Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH Policy No. I Eff. Date of P.I. Fxp. Date of P.I. Eff. Date of End. I Pmducer I Add-1. Prom I Rehm Preen GL0921171800 09/01/05 09/01106 09/01/05 1 Dealey, Rento $ N/A 1 $ N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section In is amended to include as an insured any person or 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 advertis- 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 you 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 bazard ", 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: 1. 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 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: 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 P n 1Zf ?�jL l >r airy 1prQ�iejsior�l,arr�hitectural, engineering or surveying services including: LI> U-GL-1 17S-A CW (9/03) Page I of 2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 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. F. 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. /�s 'St [(O1. U- OL.1175 -A CW (9/03) Page 2 oft Page 1 of 1 Jacquez - Nares, Patricia From: Sheedy, Laura Sent: Wednesday, February 15, 2006 2:47 PM To: Watson, Bill; Jacquez - Nares, Patricia Cc: Smith, Lori; Briones, Roberta Subject: RE: Tait Environmental A- 2005 -299 Hi Bill You are right. Based on the work they are providing, no insurance should be required of this Consultant. Thank you Laura From: Watson, Bill Sent: Wednesday, February 15, 2006 1:54 PM To: Sheedy, Laura Cc: Smith, Lori; Briones, Roberta Subject: Tait Environmental A- 2005 -299 Laura, I just received the executed copies of the Tait Environmental agreement. It is stamped "Insurance not on file...." Tait is not coming on site; actually they are not leaving their office. They are writing something for us which will be transmitted electronically or via a CD -Rom disk. Do we still need the automobile and worker comp insurance? William (Bill) Watson Principal Management Analyst Santa Ana Fire Department (714) 647 -5741 email: bwatson @ci.santa- ana.ca.us 2/16/2006