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HomeMy WebLinkAboutHARPER & ASSOCIATES 2 - 2001 rNStJR,A~JCF ON F!LE V\i(;.r::r\ F'PC('EFD WHiL !i\S; n/-\.I','(~F (~"~)~,o,r:S I_ . '.. " , c - "r..:J:::Q :J.- , r Ci :i 1/:'-;--- CONSULTANT AGREEMENT J _ 1'1.1, I';~ ' Y 'It' -vi (;r~ , (' , THIS AGREEMENT~ade and entered into this 1#1 vi. day of {ih ru..._A ,2001 by and between Harper & Associates Consulting Engineering, Inc., a California e:orporation (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"). . , -'-;'\ . 'i J' ~.'~~: N-2001-144 .' ~.~:~ .' f'" 02.. RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of quality control inspection services of the interior wash down and cleaning of the south reservOIr. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $9,750.00 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 July 30, 2002, 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 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 ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 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. 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 ofthis 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 ofthe 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 ofthis Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 3 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 oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 220 S. Daisy (M-85) Santa Ana, California 92703 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 4 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Harper And Associates 1240 E. Ontario Ave, Suite 102-312 Corona, CA 92881 Attn: Andre Harper A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis 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 ofthe 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 5 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shan be entitled to receive and the City shan pay Consultant compensation for an 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 an 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 shan 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 shan 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 government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of Califomia and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shan be determined and govemed by the laws of the State of California. Both parties further agree that Orange County, California, shan 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 shan, throughout the term ofthis Agreement, maintain an 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 shan notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS 6 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 ofthis 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: . .., //,,; \_ iL._ ( ,--1-<_C-.--.._, PATRICIA E. HEALY Clerk of the Council i z7L' -'. ~~-EV ' , 0 APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney , . I, j . ili: lJ L~ By: III r..... ! .<.-. Michael VigJiottaf Deputy City Attorney :./ ames G. Ross Executive Director of the Public Works Agency CITY OF SANTA ANA f1i~i!frl City Manager CONSULTANT czlrt%-- Vice President Employer ID # ".5:5 -C'7 K j '/ II 7 EXHIBIT A HARPER & ASSOCIATES ENGINEERING, INC. CONSULTING ENGINEERS . . ~ ~~ ~ 1240 E. Ontario Ave., Ste. 102-312 Corona, CA 92881-8671 Phone (909) 372-9196 Fax (909) 372-9198 PROPOSAL TO CITY OF SANTA ANA FOR ENGINEERING CONSULTING SERVICES FOR QUALITY CONTROL INSPECTION OF THE INTERIOR WASH-DOWN OF THE SOUTH STATION RESERVOIR 1. PROJECT DESCRIPTION A. The partially below grade concrete/steel bottom water storage reservoir to receive the wash-down is located on City-owned site in the City of Santa Ana, California. ~ The reservoir is designated as follows: I. South Station Reservoir (North tank) B. SCOPE OF WORK - Interior Wash-down I. Telephone conference to review specification, job conditions, schedules, etc. to prepare for an efficient and expeditious operation. a. Schedule of work is established and will be maintained throughout project. b. Liaison personnel are designated. c. Specification is reviewed and clarified as necessary. 2. CLEANING OF INTERIOR - Physical inspection of cleaned surfaces to verifY compliance to specification, removal of oil, residue, contaminants etc. EXHIBIT A a. Surface will be observed throughout cleaning operations to determine compliance with specifications. b. The specified cleaner will be monitored for proper quantity and mix ratio 3. LIMITATIONS OF AUTHORITY a. Resident Project Inspector: (l) Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEERJOWNER in writing. (2) Shall not exceed limitations of CONSULTANT'S AUTHORITY as set forth in the Agreement or the Contract Documents. (3) Shall not undertake any of the responsibilities of CONTRACTOR, subcontractor or CONTRACTOR'S superintendent. (4) Shall not advise on, issue directions relative to or assume control over safety precautions and programs in connection with the work. (5) Shall not advise on, issue directions regarding or assume control over any aspect of the CONTRACTOR'S means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. (6) Shall not accept Shop Drawings or sample submittals from anyone other than CONTRACTOR, and shall immediately deliver such submittals to ENGINEERJOWNER. (7) Shall not authorize ENGINEER/OWNER to occupy the Project in whole or in part. (8) Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER/OWNER. 2 b. Definitions: (1) ENGINEERJOWNER is intended to apply as ajoint reference or a single reference subject to the applicable circumstances. II. COST ESTIMATE A. Based on previously noted Scope of Work Items for quality control inspection during cleaning operation will not exceed $9,750. The estimate is based on Inspector working 8 hours per day,S days per week, Monday through Friday with an hour (If traveltime per day. Inspection hours are based on the hourly rate of$48. 75 per hour. III. INSURANCE COVERAGES A. Consultant will provide and maintain in full force and effect, while operating under an agreement with City, a comprehensive liability insurance policy which shall include bodily injury, and property damage coverage of$2,OOO,OOO combined single limit, automobile liability insurance with limits of $2,000,000, worker's compensation insurance with limits of coverage as prescribed by Jaw, and lIl) Errors and Omissions professional liability policy with a minimum limit of coverage of $2,000,000. .. 1. Above noted insurance overages are currently in force with Consultant. IV. INQEMNlTY_ A. City shall hold Harper & Associates Engineering, Inc., harmless from any and all liability to perform beyond the exact confines of the services offered in this proposal. V. ACCEPTANCE OF PROPOSAL A. The cost estimate, terms and conditions of this proposal are valid for sixty days from receipt of proposal. Acceptance shall be deemed valid upon receipt by Harper & Associates Engineering, Inc. of the original proposal executed by the City's authorized representative within noted time frame. Acceptance will be in whatever form is routinely used by City. VI. CONFIDENTIALITY OF PROPOSAL A. The content of Ihis proposal and any conversations with Consultant regarding this proposal are considered to be confidential and is not for publication, discussion or knowledge of any person or persons who are not employees of City. 3 VII. TERMINATION OF AGREEMENT A. City may terminate this agreement at any time prior to the completion of the services to be furnished by Harper & Associates Engineering, Inc., by giving a written notice of termination to Harpet & Associates Engineering, Inc., in which event City shall only pay Harper & Associates Engineering, Inc., as provided herein for.work done priOrto receipt of such notice of termination, plus the necessary and reasonable cost of termination (not to exceed $500.00). B. In the event City terminates this agreement, Harper & Associates Engineering, Inc., shall furnish City a copy of all work effort and product in process to the date of termination. RespectfUlly submitted, HARPER & ASSOCIATES ENGINEERING, INC. r/! t 0 (a~_. An~ -u....t'l~ Vice PresiClent 4 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 ofthe 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 ACORD. . CERTIFICATE OF LIABILITY INSURANC~p~c1 I DATE (MMIDOIYY) 08/09/01 PRODUCER . TNIS CERTIFICA TE IS ISSUED AS A MA ITER OF INFORMATION U & A Insurance Agency ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE Unicke1 & Assoc. Lic#0827703 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 10727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Bernardino CA 92423-0727 INSURERS AFFORDING COVERAGE Phone: 909-793-6810 Fax: 909-798-3959 ! INSURED INSURE~ A: Zurich INSURER B: Westport Insurance Corp Harper & Assoc Engineeringjlnc INSURER c: HaiBer & Associates, Inc 124 E. Ontario Ave, #102-312 INSURER 0: Corona CA 92881 I INSURE~ E: COVERAGES TrlE POLICIES OF IN~URANCE LISIED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE ~OLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENt, TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'Ir~R TYPE OF INSURANCE POLICY NUMBER ~~tkC~Mlotmr I "'~kfE 'fMMr~ONyr . LIMITS GENERAL LIABILITY - A X COMMERCIALGENERALLlABILllY PPS38587664 J CLAIMS MADI:; ~ OCCUR 08/01/01 EACH OCCURRENCE $ 1,000,000 08/01/02 FIRI:; DAMAGE (Any one fire) $ 1,000,000 MEO EXP 'Anyone pelSon) $ 10, 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3"',000,000 PRODUCTS -COMP/OP AGG $ 3,000,000 r '--- GEN'L AGGREGATE LIMIT APPLIES PER ~"POLICY n ~r8r n~oc AUTOMOBILE LIABILITY A ex ANY AUTO PPS38587664 -'00 ~ ALL OWNED AUTOS ~ SCHeDULED AUTOS ~ HIRED AUTas ~ NON-QWNED AUTO~ - PPS38587664 , COMBINED SINGle LIMIT 08/01/01 08/01/02 (Eaaccldent) BODlL Y INJUtfy (Per person) BOOll Y INJURY (Per acc~t;lentl PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGG EACH OCCURRENCE 08/01/01 08/02/02 AGGREGATE $1,000,000 $ s ~RAGE LIABILITY I ANY AUTO EXCESS LIABILITY . A tJ~CCUR 0 CLAIMS M~DE '.' RDEDUCTlBlE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY s OTHER v-':' _ C / ":1" [;~. (.-'-_/1.... (. ..{"'-~ / ."" / /,/ Llura Sheedy / Deputy City Attorney s s s $1,000,000 S 1,000,000 S S S APPROVED AS "0 FORM I TORY uMrrsl IV.,," E.L EACH ACCIOENT E.L. DISEASE _ POLICY LIMIT S E.L OISEASE . EA EMPLOYE $ S B Professional AEPL101610-0 08/01/01 08/01/02 $2000 DED Liabilitv DESCRIPTION OF OPERATlONSJLOCATlONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTfSPECIAL PROVISIONS *Except 10 Days Notice of Cancellation for Non Payment of Premium. Certificate Holder is named as additional insured as respects General ~ Liability CG2010 11/85 applies. Primary/Non Contributing Wording Applies. (AIPRIXX) 714-647-3345 $2,000,000 CERTIFICATE HOLDER J Y I ADDITlONAlINSURED; INSURER lETTER: SANTA-4 City of Santa Ana Attn: Dave Urbin 220 South Daisy, Building Santa Ana CA 92703 CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI\ DATE THEREOF, iliE ISSUING INSURER WILl , MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THe lEFT, ACORD 25-S (7/97) John I Paqu1avan '{ H~i\ ,..J4 III I: ' ~ ACOR CORPORATION 1988 '-- <WDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITy POLICY -Insurance Company 2ud ch '- .~ :rhis endorsement modifies such insurance liS is afforded by the provisions of Policy # pp~ 1R'iR7F;F;4 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its . officers, employees, agents, volunteers and representatives are named as additional in$ureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf ofthe !lamed insured. , , 2. With respect to c1aims~rising out of the operations and uses performed by or on behalf ofthe named Insured, such insurance as is afforded by this policy is prim!ll)1'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 Iiabllity. 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 irnot 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 notiee has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I. '::j' ., ! (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective R _ 1 _ n1 Policy# l"PC,1Rt;R71;1;<1 Issued to Hrirror s.: lI.c::!~QC"; :::d:"009 , this endorsement form as a part of R' . n~a;edI;;u~ed Tn~ Countersigned by APPROVED AS TO FORM 'Y2'l..' <,.' './, ./ -,' '-\..--''''-C''-'--;'-'::~) ~_( ~-{..,c ~ Laura Sheedy I Deputy City Attorney I I I I , I I I , . j, , I , , I I ''''1: . .'j"";'.