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Home My WebLink AboutBERRYMAN AND HENIGAR 1 -2002 n~~URANCE ON FILE WORK MA~ PROCEED UNTIL INSURANCE EXPIRES /'uJ .),,102.- CLERK OE CQUNCII: DATEl CONSULTANT AGREEMENT N-2002-106 03 THIS AGREEMENT, made and entered into this ~ day of ~U.~T' 2002 by and between Berryman & Henigar, a California corporation (hereinafter "Cons tant"), 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 building inspection services. 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 ofthe 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 $ 10,000.00 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 June 30, 2003, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services 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 ofthe 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, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution ofthis 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 proofthat 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 affect 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: (I) 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; and (2) from any claim that personal injury, damages,just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason ofthe terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of 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 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: Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 973-1461 and, 4 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: Berryman & Henigar Raimar W. Schuller CBO Senior Vice President 201 E. First Street Santa Ana, CA 92705-4020 714-568-7300 714-541-1029 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, that 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 5 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Deputy City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement 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 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, 6 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA , /, . /-:://7 . (~j~ PATRICIA E. HEALY Clerk of the Council 1,42 '"< /~ G ,,, DAVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney b BY:~ Cristine L. Shaw Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~9uh Cynthia J. Nelson Deputy City Manager for Development Services /~ Sf. Vice President Employer ID # or Individual SS # 8 The Power to Change The Power to Build May 8, 2002 "E)",..,. ~. ~, :..~~, .' raUib", -- ~~.~;1:'W1" '" H~m~@a",ai" ',' .~l~'~' Q""';;C, .~<."', \~~ ~ \~.r _::- ~ - ~{ , ,.:'0; \\\\ ~,,,~:/:'\ b t.wv~~ (Ju ~~!kU v Mr. Steven Gutmann, Supervisor of Inspections Building Safety Division City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, California 92702 ~-_.......--~ ---.....--.--- Subject: Contract Services for Building Inspect:on Dear Mr. Gutmann: Thank you for selecting Berryman & Henigar, Inc. to provide the City of Santa Ana with contract Building Inspection Services. We appreciate your endorsement of our firm to perform as needed building inspection services for the City. The inspector's rate for regular time will be $48.00 per hour for regular 40 hour work week and will not increase for at least 12 months thereafter. We understand that you will provide the inspector with City required communication equipment and workspace. Berryman & Henigar carries Errors and Omissions Insurance and employees health insurance coverage plus supervision for all our employees. Additional inspectors are also available through our Community Development Department if needed. Once again, we are excited about the opportunity to serve the City of Santa Ana. Please call me at (714) 568-0101, ex!. 7492 if you have any questions or require additional documentation of our qualifications. Sincerely, Berryman & Henigar, Inc. ~t'i !It/~A:(a'--- ~'f~. Schuller, CBO Senior Vice President, Community Development Department RWS:pls 2001 E. First Street. Santa Ana, California 92705-4020 Tel: (714) 568-7300 . Fax: (714) 541-1029. e-mail address: schullerl1iJbhiinc.com An Equal Opportunity Employer .'. EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits ofliability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 Client#. 5134 Ai - ;;JDo,).- /00 BERRYHENI A CORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMJDD1YY) 02/10/03 THIS CERTIFICATE IS 'ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Oealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714427-6810 Berryman & Henigar Enterprises 2001 East First Street Santa Ana, CA 92705-4020 II INSURER '" , INSURER B: INSURER c: ~ INSURER 0: i INSURER E: INSURERS AFFORDING COVERAGE INSURED Security Ins. Co. of Hartford I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBeD HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE I POLICY NUMBER ! POLICY EFFECllVE POLICY EXPIRATION i L.IMITS LTR GENERAL. L.IABIL.ITY , I EACH OCCURRENCE . ICOMMERCIAL.GENERAlL.lAB1UTY i , FIRE DAMAGE (Anyone fire) . i~ CLAJM'MADE .~ OCCUR : MED EXP (Anyone person) " PERSONAl.. & ADV INJURY " GENERAL AGGREGATE . ~'~ AGGREGATE LIMIT APnSPER: PRODUCTS .COMPIOP AGG . I POLlCY r---; ~~,Q;: LOC I : AUTOMOBIL.E L1ABIL.ITY I . ! COMBINED SINGLE LlMIT q ANY AL1TO , I (Eaaccident) I' C- - I ALL. OWNED AUTOS I BODIL. Y INJURY I iT-- I (Per person) . ~ HIRED AUTOS BODILY INJURY . : NON-QWNED AUTOS (Per accident) ~._---~---- PROPERTY DAMAGE $ I (Peraccidenl) , , RGE LWlILITY APPROV D AS TV, t'Vi""; AUTO ONLY. EA ACCIDENT . , ANY AUTO I ;Jd/ , OTHER THAN EA ACC . , I I AUTO ONLY: AGG . , EXCESS LIABILITY , IiY ( r- I EACH OCCURRENCE . ~ OCCUR , L{"ufll SM. - ' CLAIMS MADE , AGGREGATE ,. p~puty Cl bt j\JtorMY I. ~ DEDUCTIBLE !. ~ RETENTION . I. , we STATU- I la,fit, WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY I E.L. EACH ACCIDENT $ , I E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLlCY LIMIT . A I OTHER Professional AEE0227989 11/21/02 11/21/03 I $1,000,000 Per Claim , ! $2,000,000 Annl Aggr. ,Liability , , . DESCRIPTION OF OPERATIONSJL.OCAnONSNEHICL.ESJEXCL.USIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Re: Special Tax Consultant I Assessment Engineering Services CERTIFICATE HOLDER I , CANCELLATION Ton "M." n" I MJOmONAl...1NSUREO.INSURERL.ETTER: - SHOUL.D ANYOF THE ABOVE 0 ESCRIBEO POL.ICIES BE CANCEL.L.ED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER W1LL:2)(~MAlL30..- DAYS WRITTEN Clerk of the City Council NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, B~){)I'~")(lIrJXXX 20 Civic Center Plaza (M-21) ~~DdXtll:lc:MXlJX)lKXI0llil!~n1X~xmx x P.O. Box 1988 """"""""""_ Santa Ana, CA 92702 A~~ REPRESENTATIVE , '..A AniP ACORD 25-5 (7/97)1 of1 #M81632 . '.... ~ ~ . .....\...--CSF .. ACORD CORPORATION 1988 .ACORD@ CERT~ATE OF INSURANCE '-" 0726 DATE 112012003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Barney & Barney, LLC - CA Ucense No. OC03950 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Barney & Barney, Inc. - CA License No. OC24310 POLICIES BELOW. P.O. Box 85638 COMPANIES AFFORDING COVERAGE San Diego, CA 92186-5638 COMPANY A TRAVELERS INDEMNITY CO. OF ILUNOIS LETTER INSURED 11--,02003 - DO,/ COMPANY B NO COVERAGE ON THIS DOCUMENT lETTER Berryman & Henigar Enterprises IV -02odJ. - lOr., COMPANY C NO COVERAGE ON THIS DOCUMENT Berryman & Henlgar, et al LETTER 11590 West Bernardo Court #100 COMPANY D NO COVERAGE ON THIS DOCUMENT San Diego, CA 92127-1624 LETTER COMPANY E NO COVERAGE ON THIS DOCUMENT LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS co TYPE OF INSURANce POLICY NUMBER POLICY POLICY EXPIRATION LIMITS LTR EFFECTIVE DATE DATE (MMfDDfYY) (MMlDDIYY) GENERAL LIABILITY GENERAL AGGREGATE $..........2.000,000 0 COMMERCIAL GENERAL LIABILITY 630 52505655 12/31/02 12/31/03 PRODUCTS.COMPIOP AGG. $...........2.000,000 .0 CLAIMS MADE ~ OCCUR. PERSONAL & AfYoJ. INJURY $..........1.000,000 A OW~ER.S & CONTRACTOR'S PROTo 0 EACH OCCURRENCE $..........1 ,000,000 0 FIRE DAMAGE (Anyone fire) $............100,000 MED. EXPENSE (Anyone person) $...............5,000 AUTOMOBilE LIABIliTY COMBINED SINGLE 0 ANY AUTO 810 52505655 12/31/02 12/31/03 liMIT $"""""1.000,000 0 ALL OWNED AUTOS BODILY INJURY A 0 SCHEDULED AUTOS (Per person) $....................0 0 HIRED AUTOS THIS CERTIFIC, TE AMENDS AA DSUPERSEDES BODILY INJURY 0 NON.QWNED AUTOS PRIOR CERTIFI ATE DATED OJ 10/03 (Peraccldent) $....................0 0 GARAGE LIABILITY PROPERTY DAMAGE $....................0 EXCESS LIABIliTY EACH OCCURRENCE $..........5,000.000 A 0 UMBRELLA FORM CUP 525D5655 12/31/02 12/31/03 AGGREGATE $..........5.000.000 0 OTHER THAN UMBRELLA FORM 18I STATUTORY liMITS WORKERS' COMPENSATION US 52505711 (FL) 111/03 1/1104 EACH ACCIDENT $..........$1.000.000 A AND DISEASE. POliCY liMIT $..........$1.000.000 EMPLOYERS' LIABILITY DISEASE. EACH EMPLOYEE $.......... $1,000,000 OTHER APPROVED AS TO NO COVERAGE f20 FORM DESCRIPTION OF OPERATIONSIlOCATIONSNEHICLESlSPECIAL ITEMS '10 days notice of cancellation applies to non-~en 'c . aura She , RE: edy Deputy City Attorney CERTIFICATE HOLDER CANCELLATION 0:: City of Santa Ana Assessment Engineering Services Clerk of the City Council 20 Civic Center Plaza (M-21) -P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL i~II?&" 'QR TQ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, F ACORD 25-5 (7/90) ENTATIVES. THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER THE ATTTACHED ENDORSEMENT Berryman & lienigar Enterpris\... .Jrt #0726 Attachment Certificate Holder/Additionallnsured: City of Santa Ana Assessment Engineering Services, The Cities, Officers, Employees, Agents, Volunteer's and it's Representatives .,-, Berryman & Henigar Enterprises ..,,; Named Insured: Berryman & Henigar Enterprises Berryman & Henigar, Inc. BHE Technical Staffing BHE Medical Staffing Vasey Engineering Company, Inc. Govpartner.com Harbor Engineering Company Schedule of Locations: 11590 W. Bernardo Ct., Ste. 100 San Diego, CA 92127-1624 2001 East First Street Santa Ana, CA 92705-4020 6150 Stoneridge Mall Road, Ste. 370 Pleasanton, CA 94588-3241 674 NE 5th Street Crystal River, FL 34429 Harbor Engineering 1615 Huffingham Road Jacksonville, FL 32216 1414 SW Martin L King Jr Ave. Ocala, FL 34474-3129 1221 W. Colonial Drive, Ste. 300 Orlando, FL 32804-7156 60 E. Third Ave., #240 San Mateo, CA 94403 3200 Commonwealth Blvd., Ste. 101 Tallahassee, FL 32303 1412 Tech Boulevard Tampa, FL 33619 7711 Military Trail North, Ste. 2016 Palm Beach Gardens, FL 33410 78-060 Calle Estado, Ste. 11 LaQuinta, CA 92253 4840 W. University Avenue, Ste. A-1 Las Vegas, NV 89103-3829 720 3'd Ave., Ste. 1200 Seattle, WA 98104-1820 42-2 Cobia Street Panacea, FL 32346 3006 Fuhrman Avenue East Seattle, WA 98102 '-' ~ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended to include as an insured any person or organization (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for that additional insured performed by you or for you. 2. With respect to the insurance afforded to Additional Insureds the following conditions apply: a. Limits of Insurance - The following limits of liability apply: 1. The limits which you agreed to provide; or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. To "bodily injury", "property damage," "personal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and 2. Supervisory, inspection or engineering services. CG 01 0504 94 Copyright, The Travelers Indemnity Company, 1994. Includes Copyrighted Material from Insurance Services Office, Inc. Page 1 of 1 Al'rROVED AS TO FORM ~. .r ~ j ~d La.ra Seedy . :)(.~l!!ty City Attorney "- COMMb.,JIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. " . XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exciuslons may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees B. Fire Damage Liability Extension J. Aircraft Chartered with Crew . Perils of fire, explosion, lightning, smoke, water K. Non-Owned Watercraft - Increased from 25 feet . Limit increased to $300,000 to 50 feet C. Blanket Waiver of Subrogation L. Increased Supplementary Payments D. Blanket Add~ional Insured _ Managers or Les- . Cost for bail bonds increased to $2.500 sors of Premises . Loss of eamings increased to $500 per day E. Blanket Additional Insured - Lessor of Leased M. Knowledge and Notice of Occurrence or Offense Equipment N. Unintentional Omission F. Incidental Medical Malpractice O. Reasonable Force - Bodily Injury or Property G. Personal Injury - Assumed by Contract Damage H. Extension of Coverage - Bodily Injury PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured In Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. FIRE DAMAGE LIABILITY EXTENSION 1. The last paragraph of COVERAGE A. BOD- IL Y INJURY AND PROPERTY DAMAGE L1. ABILITY (Section I - Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). 2. This Insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; . CGD1860999 Copyright, The Travelers Indemnity Company, 1999 Page 1 of 5 COMMERCIAL GENERAL L1ABILI"" b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: subject to 5. above, the Fire Damage Limit is the most we will pay under COVERAGE A. for damages because of 'property damage" to premises while rented to you, or temporar- ily occupied by you w~h permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water. The Fire Damage Limit will apply to all damage proximately caused by the same 'occurrence', whether such dam- age results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Fire Damege Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Fire Damage Umit. 4. Under DEFINITIONS (Section V), the defini- tion of 'insured contract' is amended so that it does not include that portion of the contract for a lease of premises that indemnifies any person or organization for damage to prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if Fire Dam- age Legal Liability of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I - Coverages) is excluded by endorsement. rClBLANKET WAIVER OF SUBROGATION \Y We waive any nght of recovery we may have against any person or organization because of payments we make for injul)'. or damage arising ....... out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behail, done under a contract with that person or organization; "your work"; or "your products". We waive this right only where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED - MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as 'additional insured') with whom you have agreed in a written contract, exe. cuted prior to ioss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the. Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any 'occurrence' that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as 'additional insured') with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: Page 2 of 5 Copyright, The Travelers Indemnity Company, 1999 CG 01 86 09 99 "'" 1. Limits of Insurance. The iimits of insurance afforded to the additional insured shali be the limits which you agreed to provide, or the lim- its shown on the Deciarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and coilectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of 'bodily injury' (paragraph 3. of DEFINITIONS - Section V) is amended to include "Incidental Medical Malpractice In- jury'. 2. The foliowing definttion is added to DEFINI- TIONS (Section V); 'Incidental medical malpractice injury' means bodily injury, mental anguish, sickness or dis- ease sustained by a person, including death resulting from any of these at any time, aris- ing out of the rendering of, or failure to ren- der, the foliowing services: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. 'Good Samaritan services'. As used in this Provision F., "Good Samaritan serv- ices' are those medical services rendered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic COMMVAL GENERAL LIABILITY employed by you, but only while perionning the seNices described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan seNices" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I - Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of detennining the applica- ble limits of insurance, any act or omission, together with ali related acts or omissions in the furnishing of the services described in paragraph 2. above to anyone person, will be considered one "occurrence'. 6. This Provision F. does not apply W you are in the business or occupation of providing any of the services described in paragraph 2. above. 7. The insurance provided by this Provision F. shali be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specificaliy by you to be excess of this policy. G. PERSONAL INJURY - ASSUMED BY CON- TRACT 1. Paragraph 2., Exclusions of COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY (Section I - Coverages) is deleted and replaced by the foliowing: 2. Exclusions. This insurance does not apply to: a. "Personal injury' or 'advertising injury": (1) Arising out of oral or written publica- tion of material, if done by or at the direction of the insured with knowl- edge of its falstty; (2) Arising out of oral or written pUblica- tion of material whose first publication took place before the beginning of the policy period; or CG 01 86 09 99 Copyright, The Travelers Indemnity Company, 1999 Page 3 of 5 COMMERCIAL GENERAL L1ABILlT~ (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured. b. "Personal injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not appiy to liability: (1) Assumed in a contract or agreement that is an 'insured contract', provided the 'personal injury" arises out of an offense committed subsequent to the execution of the contract or agree- ment; or (2) That the insured would have in the absence of the contract or agree- ment. c. 'Advertising injury': (1) Arising out of breach of contract, other than misappropriation of adver- tising ideas under an implied con- tract; (2) Arising out of the failure of goods, products or services to conform with advertised qual~y or performance; (3) Arising out of the wrong description of the price of goods, products or serv- ices; (4) Arising out of an offense committed by an insured whose business is ad- vertising, broadcasting, publishing or telecasting; or (5) For which the insured has assumed Iiabil~ ina contract or agreement. This exclusion does not apply to li- ability for damages that the insured would have in the absence of the contract or agreement. 2. Subparagraph f. of the definition of 'insured contract' (DEFINITIONS - Section V) is de- leted and replaced by the following: f. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemn~icalion of a municipality in connection with work pertormed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury', 'property damage' or 'per- sonal injury' to a third party or organiza- tion. Tort liabil~y means a liability that .-../ would be imposed by law in the absence of any contract or agreement. 3. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE - BODILY IN- JURY The definition of "bodily injury' (DEFINITIONS - Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. I. INJURY TO CO-EMPLOYEES 1. It is agreed that your 'employees" are in- sureds with respect to 'bodily injury" to a co- 'employee' in the course of the co- 'employee's' employment by you, provided that this coverage for your 'employees' does not apply to acts outside the scope of their employment by you or while pertormlng du- ties unrelated to the conduct of your busi- ness. 2. Subparagraphs 2.8.(1)(8), (b) and (c) and 3.8. of WHO IS AN INSURED (Section II) do not apply to "bodily injury" for which insurance is provided by paragraph 1. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1- Coverages): (This exclusion does not apply to:) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON-OWNED WATERCRAFT 1. The exception contained in Part (2) of exclu- sion g. of COVERAGE A. BODILY INJURY Page 4 of 5 Copyright, The Travelers Indemnity Company, 1999 CG 01860999 '- AND PROPERTY DAMAGE LIABILITY (Sec- tion I _ Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a water. craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts 2. and 4. of SUPPLEMENTARY PAY- MENTS _ COVERAGES A AND B (Section I - Coverages) are amended as tollows: . 1. In Part 2. the amount we will pay for the cost of ball bonds is increased to $2500. 2. In Part 4. the amount we will pay for loss of eamings is increased to $500 a day. M. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1, The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an 'occurrence' or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable after knowledge of the 'occurrence' or of. fense has been reported to you, one of your executive officers (n you are a corporation). one of your partners (if you are a partner. ship), one of your managers (If you are a lim- ited liability company),' or an 'employee' (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice. Knowledge by other 'employee(s)' of an 'oc' currence' or of an offense does not imply that you also have such knowledge. COMMEIJL GENERAL LIABILITY 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies oniy if you subsequently give notice to us as soon as practicable after you, one of your "executive officers' (if you are a corporation), one of your partners (if you are a partner- ship), one of your managers (if you are a lim- ited liability company), or an "employee' (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the 'occur- renee', offense or claim may involve this pol- icy. 3. However, this Provision M. does not apply as respects the specnic number of days within which you are required to notny us in writing of the abrupt commencement of a discharge, release or escape of 'pollutants' which causes 'bodily injury' or 'property damage' which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV). paragraph 6. (Representations): The unintentional omission of, or unintentional er- ror in. any infomnation provided by you shall not prejudice your rights under this insurance. How- ever. this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. O. REASONABLE FORCE - BODILY INJURY OR PROPERTY DAMAGE Exclusion 2.a. of COVERAGE A. BOOlL Y IN. JURY AND PROPERTY DAMAGE (Section , - Coverages) is deleted and replaced by the fol- lowing: (This insurance does not apply to:) a. Expected or Intended Injury or Damage 'Bodily injury' or 'property damage' expected or intended from the standpoint of the in- sured. This exciusion does not apply to 'bod. i1y injury' or 'property damage' resulting from the use of reasonable torce to protect per- sons or property. CG 01860999 Copyright, The Travelers Indemnity Company. 1999 Page 5 of 5 ACORD. CERTIFICATE OF LIABILITY INSURANCFls'~c~~h 07m~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER MERIDIAN INSURANCE SERVo INC. 4501 E. LA PALMA AVE. STE. 150 ANAHEIM CA 92807- Phone: 714-693-9100 Fax:714-693-9108 INSURERS AFFORDING COVERAGE INSURED INSURER A: INSURER B: INSURER c: INSURER 0: INSURER E: Transcontinental Ins. Co. Trans ortation Insurance Co Berryman & Henigar Inc. Ber~ & Henigar Enterp~ises 11590 West Bernardo Ct., ~100 San Diego CA 92127-1624 COVERAGES State Com ensation Ins. Fund THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT10N OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f: TYPE OF INSURANCE POLICY NUMBER 5):i=lflMM1DDJYYi- DATE MMIDoNY'i' LIMITS ~ENERAL LIABILITY A [. X COMMERCIAL GENERAL LIABILITY CLAIMS MADE fXi OCCUR ~~N'" AGG.EGATEp~~~T A~S PER I X POLICY! JECT I I LOC I AUTOMOBILE LIABILITY EACH OCCURRENCE '1 000 000 TCPI07516658B 12/31/01 12/31/02 FIRE DAMAGE (Anyone fire) . 50 000 MED EXP (Any one perlon) . 5 000 PERSONAL & ADV INJURY . 1.000 000 __ GENERAL AGGREGATE .1 000 000 PRODUCTS. COMPIOP AGG '1,000,000 -. C ANY AUTO r--l ALL OWNED AUTOS BUA1073310420 12/31/01 12/31/02 COMBINED SINGLE LIMIT lEa accident) '1,000,000 ~ ~ .X_ - SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS BODILY INJURY (Per person) Is ..- BODILY INJURY (Per accident) . S500 DED COMP/COLL PROPERTY DAMAGE (Per accident) is ~ GARAGE LIABILITY ANY AUTO OTHER AUTO ONLY" EA ACCIDENT . -- OTHER THAN EA ACC I . AUTO ONLY: AGG . EACH OCCURRENCE . 5 000 000 CUP2049769654 12/31/01 12/31/02 AGGREGATE . 5 000,000 . . . X I td'R~ltJ~~TS! !UeR"; ..... 160772601 (CA) 09/30/01 09/30/02 E.L. EACH ACCIDENT '1 000 009.__ E.L. DISEASE. EA EMPLOYE '1 000 000 E.L. DISEASE" POLICY LIMIT . 1. 000.000 TCPI075l665BB 12/31/01 12/31/02 Equipment $54,634 ;-- I EXCESS LIABILITY B ~ OCCUR 0 CLAIMS MADE f--. ~ DEDUCTIBLE X i RETENTION $ 10 000 WORKERS COMPENSATION ANt) EMPLOYERS' LIABILITY D A Inland Marine DESCRIPTION OF OPERATIONS1LOCATIONSNEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 days notice of cancellation applies to non-payment/non-reporting City of Santa Ana is named as additional insured per endorsement. RE: City Building Inspector. APPR~T9 h-RM CERTIFICATE HOLDER I y I ADDIT10NAL INSURED; INSURER LETTER: CITYSA2 City of Santa Ana Tonia Zerba 20 Civic Center Plaza, Santa Ana CA 92702 CANCEllATION ,,__ . ';;:.: SHOULD ANY OF THE ABOVE DESCRIBED .~OLlCI~ BE C"ANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL E:U8!!11..8ft T6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, B~T f....ILtlRE T8 58 56 511ALL ,M-20 " IMr eaE I~e e5LlaJtr161~ 61\ LIA8lLIl", Sf ,leU, UU~I) tlf ~I~ lilt ,I~,:)...j,~", " J .....<:J...,.,.. ........ ) ftEF'RES~IH""f1. EB. Wi. i ti {GUt (--'"7 ,'h ,..// , Nickie Heath 7UJ ACORD 25-5 (7/97) @ACORD CORPORATION 1988 '-;,1.\/'.:1/1""'::: i 1 '.,. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer{s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) CNA For All the Commitments You Make~ G-17957-B (Ed. 09/92) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: 1. A written contract or agreement; or 2. An oral agreement of contract where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: a. currently in effect or becoming effective during the term of this policy; and b. executed prior to the "bodily injury", "property damage", "personal injury", or "advertising injury". The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional in- sured with respect to liability arising out of: a. Premises you own, rent, lease, or occupy; or b. "Your work" for that additional insured by or for you. G-19757-B (Ed. 09/92) 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are in- clusive and not in addition to the Limits of Insurance shown in the Declarations. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", "personal injury", or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys change orders, design or specifications; and 2. Supervisory, inspection, or engineering services. Any coverage provided hereunder shall be excess over any other valid and collectibie insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. FROM SANTA ANA PLANNING FAX NO. 7149531461 Jul. 16 2002 01:59PM P3 ADDITIONAL INSURED ENDORSEMENT Insurance Company Transcontinenetallnsurance Co.-CNA This endol'6ement modifies such insurance as is afforded by the provisions of Policy # TCP1075166588 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, and volunteers 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 su~ is brought except with respect to the company's limits of liability, The Inclusion of any pel'6on or organization as an insured shall not affect any right which such pel'6on 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 12/31/01 Policy # TCP1075166588 Issued to Berryman & Henigar, Inc. , this endol'6ement form as a part of Named Insured Countersigned by ~A:u~ ~ Authorized 'Representative ~ TO FORM t:>6..., CRISTINE LEE SHAW Deputy City Attorney JUL-16-2002 14:46 7149531461 96~ P.Cl3