HomeMy WebLinkAboutHYGIENETICS ENVIRONMENTAL SERVICES, INC. 1 -2002
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INSUHANCE or~ FILE
WORK MAY PROCEED
UNTIL INSURANCE EXpiRES
~-l-63
CLERK Of COUNCIL CONSUL T ANT AGREEMENT
DATE: 10-21-02-
THIS AGREEMENT, made and entered into this ~day of 13 ('l-o/J~ 2002 by
and between Hygienetics Environmental Services, Inc., a Delaware 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").
N-2002-141
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RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
environmental services to provide lead-based paint abatement monitoring for the
Santiago Creek Bridge at Bristol Street.
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 $9,644.00 during the term of this Agreement.
b. Payment by City shaJl be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 3],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 the Public
Works Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shaH be provided in a manner consistent with aH
applicable standards and regulations governing such services. Consultant shaH pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shaH 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 shaH 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 shaH 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 shaH 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 $],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 $] ,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. Said policy or policies shall give to the City prompt and
timely notice of claim made or suit instituted arising out of Consultant's operations hereunder.
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 shalI 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 shalI 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 I of this Agreement. This indemnity and hold harmless agreement applies to alI claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alIeged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement.
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 shalI 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" shalI
include alI nonpublic information. Confidential information includes not only written
information, but also information transferred oralIy, visual1y, 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
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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:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-2l)
P.O. Box 1988
Santa Ana, California 92702
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:
4
Hygienetics Environmental
1920 East Warner
Santa Ana, CA 92705
Attn: Allan Coffee
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINA nON
This Agreement may be terminated by the City upon thirty (30) days written notice of
terminatioll. 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:
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a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City, in a form compatible with City's computer system, all work product completed as of
such date, and in such case such work product shall be the property of the City unless prohibited by
law, and Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement 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 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
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA AN)
Z):;;~
City Manager
(
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Lau Sheedy
Assistant City Attorney
RECOMMENDED FOR A~L:
~'Av~J1 (/4
,tAMES G. ROSS
// Executive Director of the
/ Public Works Agency
CONSULTANT
ALL~~
Regional Director
Employer ID # 13-3992505
K:\ WPDOCS\D009\POO 1 \00005402.DOC
7
~cr-ll-~~~2 12:33
HYG I ENETJ CS SANTA ANA
949 955 0965 P.02/05
- .
Hygienetics@1
Environmental
HY8Ienp.'tlc, EnvIronmental Services, Inc.
1920 East WClmer AlIenue
Suite A
5am8 Aoa. CA 92705
Phone: (94~) 95:;,0201
FaJ:~ (9119) 955.0965
September 11, 2002
EXHIBIT "A"
Mr. M,ke Gl1'gis
CIty of Santa Ana
Construction Engineering Section
20 Civic Center Plaza, M-22
Santa Ana, California 92702
RE: Revised Proposal for Lead-Paint Abatement Monitoring, Bristol Bridge Project, Santa Ana,
California,
HygieDelics Proposal Number LA021788
Dear Mr, Girgis:
HYgienetics Environmental Services, Inc, (HygienetiCs) IS pleased 10 present the following proposal to
provide Lead-based paint abatement monitoring and prepare a final report at the above-referenced location,
Hygitnetics fee is based on the project requiring 16 shifts to complete. If additional shifts are required, they
will be billed at S559.00/S-hour shift.
Our Time aDd Materials fee for this work is _ 59,644,00
Scope of Work
1) Hygienerics will collect and have analyzed six (6) soil samples prior to and after the lead
abatement on the beams under the bridge;
2) Hygicnehcs will provide a California Lead Project Monitor to verity work prachce of the
abatement contractor;
3) Following complel1on of the project, Hygienetics will provide the City of Santa Ana with a
Project Summary Repon and results of all sampling completed during the project. Copies
of conlTactor subnurtals and records of daily inspections will also be included in our fmal
report
Thank you for giving Hygienetics the OPportunity to provide this proposal. Should you have any questions
regording this project, do not hesitate to contact us.
or en .
Project Manager
California Certified Asbestos Consultant
Encl: Fee Proposal
L\t"KOroSAL\NEWlLAOlI78S. DOC
SEP-II-2002 12:33
HYGIENETICS SANTA ANA
949 955 0955 P.03/05
. .
Fee Propo.al -
City of Santa Ana
Bristol Brid,e ProJed
Task 1 - Lead Soil Samples
lead Soil Samples
12 samples@ $ 25.00 Isample $ 300.00
5300.00
Task 2 -AbateIDent Monitorinl! per 8 hour Shift
Inspectors 8 hours @ $ 50.00 Ihr $ 400.00
Project Manager I hours @ $ 70.00 Ibr $ 7000
Lead Wipe Samples 4 samples @ $ 20.00 IsampJe $ 8000
Mileage 30 miles@ $ 0.30 Imile $ 9.00
TOTAL $ 559.00
Estimated nUIDber of Shifts
16 sblfts @
$559.00 I.hift
$ 8,944.00
Task 3 - Closeout ReDort
PrOject Manager
Clerical
CopieSlMail
4 hours @ $ 70.00 Ihr $ 280.00
2 hours @ $ 35.00 !hr $ 70.00
Aleost $ 50.00
$ 400.00
59,644.00
Total Estimated Cost
FEE PROPOSAL
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 9270 I; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 l.
(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
ACORD,'
DATE (MM/DD/YY)
08/28/02
l'RODUCER
Aon Risk Services, Inc. of New York
685 3rd Avenue
New York NY 10017 USA
THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TillS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW,
PHONE. (866) 266-7475
FAX. (866) 467-7847
INSURERS AFFORDING COVERAGE
INSURED
HYGIENETICS ENVIRONMENTAL SERVICES, INC.
180 PORTLAND STREET
BOSTON MA 02114 USA
INSURER A:
INSURER B:
Continental Casualty Company
American International SpeCialty Lines
INSURER Co
INSURER. D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TIlE INSURED NAMED ABOVE FOR Tl-IE POLICY PERIOD INDICATED, NOTWITIlSTANDlNG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WJTH RESPECT TO WHICH THIS CERTlFICA TE MAYBE ISSUED OR MA Y
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGA1E LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
POLICy NUMBER
POLICY E.'FECTIVE POLICY EXPIRA nON
DATE(MM\DD\YY) DATE(MM\DD\YY)
LIMITS
.A GENERAL LIABILITY GL25188850
GF.~!ERAr, t.I.Z\.BILI'J'Y
01101/02
01/01/03
EACH OCCURRENCE
$1,000,000
$50,000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
HkE DAMAGElArlYone lire)
MED EXP (Anv one pt:rsOll)
5 000
$1,000,000
$2,000,000
$1,000,000
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER,
D PRO- 0
X POLICY JECT LOC
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
A AUTOMOBILE LJABlLIl'Y
X ANY AUTO
X ALL OWNED AUTOS
X SCHEDULED AUTOS
X HfRED AUTOS
X NON OWNED AUTOS
BUA251888578
Automobile - Commercial
01101/02
01101/03
COMBINEO SINGLE LIMIT
(Eaac~ident)
$1,000,000
BODILY INJURY
(Per person)
BODILY INJURY
(PeraccKIent)
PROPERTY DAMAGE
(Per ac~ident)
GARAGE LIABILITY
AS TO F RM
AUTO ONLY - EA ACCIDENT
ANY AUTO
> -
OTHER mAN
AUTO ONLY ,
EA ACC
EXCESS LIABILITY
OCCUR 0 CLAIMS MADE
lee y
Deputy City A orney
AGG
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION
A
WORKERS COMPENSA'rION AND
EMPLOYERS'LlABILllT
WC251888516
we {AOS}
WC251888547
WC (OR & WI)
01101102
01/01/02
01101/03
E.L. EACH ACCIDENT
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$3,000,000
A
E.L DISEASE-POLICY LIMIT
.
OlDER
267 87 37
Contractors Ops & Prof. Servo
E.L. DISEASE_EA EMPLOYEE
01/01/02
01/01/03
Limit (1)
Limit (2)
ElIvirn SVC~ E&O
DESCRIPTION OF OPERATlONSILOCATlONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Umbrella extends to General Liability, Automobile and Workers' Compensation poliCies noted. E & 0 Claims Made
Limit refers to Each Claim Limit, Aggregate Limit. The City of Santa Ana, its' officers, employees, agents,
volunteers and representatives are included as Additional Insureds, except under Workers Compensation, with
I'
CITY OF SANTA ANA
PUBLIC WORKS AGENCY!
CONSTRUCTION ENGINEERING
ATTN: MR. MICHEL GIRGIS
P.O. BOX 1988!M-22
SANTA ANA, CA 92702 USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, mE ISSUING COMPANY WILL ,"'-q)E" 9R TO MAJL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT,
BUT r' {lURE T9 gg SO $11 \bl IHpg~r trg OEU'2 'T-!9rJ OR 1.1' EIbITY
OF 'r," KH'D "P'0rJTIIEC9t[P'W'.JT'; '9UI"[$ 8R \"EPRESEHT''FI''BS.
AumORIZED REPRESENTATIVE
Certificate No :
570003773792
Holder Identifier:
.
Attachment to ACORD Certificate for HYGIENETICS ENVIRONMENTAL SERVICES, INC.
The terms. conditions and provisions noted below are hereby attached to the captioned certificate as additional description of the
coverage afforded by the insurer(s). This attachment does not contain all tems, conditions, coverages or exclusions contained in the
policy.
INSUREO
HYGIENETICS ENVIRONMENTAL SERVICES, INC.
180 PORTLAND STREET
BOSTON MA 02114 USA
lNSURER
lNSURER
lNSURER
INSURER
ADDITIONAL POLICIES
INSURER
If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
POLlCY POLlCY
INSR TI'PE OF INSWUNCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS
LT. POLICY DESCRJPTION DATE DATE
DESCRIPTION OF OPERA TlONSILOCA TlONSNEfHCLESfEXCLUSrONS ADDED I3Y ENDORSEMENT/SPECIAL PROVISIONS
respect to, Project - Environmental Consulting Services; Location 7683, Santiago Creek Bridge over at
Bristol Street; for Construction Monitoring Services; Start Date _ 8/10/02.
APPROVED AS TO FORM
~~~r
Deputy City Attorney
Certificate No :
570003773792
_. ~~~~ .~.~~ ~~ HUN u~UWP
203 863 6305 TO 91866q677847
P.02/04
'.
..
EXl:IIBIT B
ADDIIIONAL INSURRD ENDORSEMENT
FOR COMMERCIAL GENEP-AI.. UA13ILl~ POLley
Insurance COlllpany Continental Casualty Company
This endorsement modifies sllch iDS\Il"anCe as is afforded by the provisions of Polky
# . GL25188850 relating to the followiD~:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are nallled as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and Ilses perfonned by or on behalf of the named insllred,
2. With respect to claims arising out of the operations and uses performed by Or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance 'applies separately to each insured against whom claim is made or
suit is brought eXcept with respect to the company's limits of liability. The inclusion of any
persOll or orgllllization ~ M insured shall not affect any rigllt which such person or organization
would have as a claimant if not so included.
4, With respect to the additional illsureds, this inSWlIlICe shall not be cane_llell, or
materially reduced in coverage Or limits eXellpt after thiny (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, inclucling cOlllltersignature, is req1.\ired to make this endorsement
effective.)
Eff~ctive
Policy #
Issued to
August 10, 2002
GL25188850
Hy ienetics Environmental Services, Inc.
Named Insured
Countersigned by M7 / L ~
~~~:d{~esentative-
APPROYED AS 1'0 FORM
~i<cIA/
~~~~;dY /
Deputy City Attorney