HomeMy WebLinkAboutBROWN AND CALDWELL 1-2002
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STANDARD CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into this3 (jf day of ~~r, 2002 by
and between Brown and Caldwell, a California corporation (hereinafter "Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
Constitution and laws of the State of California (hereinafter "City").
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A. The City desires to retain a consultant having special skill and knowledge in the field of
urban runoff and stormwater regulation compliance services. Consultant
represents that Consultant is able and willing to provide such services to the City.
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B. 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.
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<.) 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 provide City with as-needed assistance in storm water planning,
compliance services, including but not limited to, storm water planning, compliance strategies,
urban runoff pollution abatement and control, and presentation of such material to the City upon
request as further 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, including reimbursable expenses, during the term of
this Agreement.
b. Payment will be based on actual work conducted on a monthly basis. 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 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 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 of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
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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: (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 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 of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
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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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-5622
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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:
Mark Williams
9665 Chesapeake Drive
Suite 201
San Diego, CA 92123
telefacsimile 858-514-8833
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
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Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
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
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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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
----
~
CITY OF SA~
~AM
City Manager
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PATRICIA E. HE LY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
Cilg
By:
Cristin haw
Assistant City Attorney
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RECOMMENDED FOR APPROVAL:
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*'" James G. Ross
U Executive Director
Public Works Agency
City of Santa Ana
CONSULTA7T
~ 6-~-9;-
Vijay edi
Vice President
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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 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 Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
8
~..-'!"
, .
Certificate of Insurance
'2.._ I {b
,1/ - ~ Ot/ir
1 of
1
#M62594
Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
10 California Street NOT AMEND, EXTEND OR ALTER THE COVERAGE
Redwood City, CA 94063-1513 AFFORDED THE POLICIES LISTED BELOW.
Insureds Name and Address: Companies Affording Policies:
Brown And Caldwell A Greenwich Insurance Company
201 North Civic Drive, Suite 115 B.X L Specialty Insurance Company
c.
Walnut Creek, CA 94596 o.
E.
F
COVERAGES: THIS IS TO CERTIFY THAT 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.
rVPE OF INSURANCE
POLICY NUMBER
EFF.DATE
EXP.DATE
A GENERAL LIABILITY GECOOO166203 03126103 03126104
IKI Commercial General Liability
D Claims Made
IKI Occurrence
D Owner's and Contractors
Protective
D
A AUTO LIABILITY AECooOI66303 03/26/03 03126/04
[jg Any Automobile
D All Owned Autos ~S TO Fe
D Scheduled Autos Al'dWVED RM
[jg Hired Autos IJJ" _,I,
~ Non-owned Autos
D Garage Liability Vaur::l Slltt-dy
D ,.. ,
EXCESS LIABILITY
D Umbrella Form
D Other than Umbrella Form
B WORKERS' WECoo14189 06/01/03 03/26104
COMPENSATION
AND EMPLOYER'S
LIABILITY
A PROFESSIONAL PECoo000050 1 05131103 05/31/04
LIABILITY'
POLICY LIMITS
General Aggregate: $2,000,000
Products-ComlOps
Aggregate: $2,000.000
Personal and Adv. Injury: $1,000,000
Each Occurrence: $1.000,000
Fire Dmg. (anyone fire): $1,000,000
Combined Single Limit:
Bodily Injury/person:
Bodily Injury/accident:
Property Damage:
Each Occurrence:
Aggregate:
Statutory Limits
Each Accident:
Disease/Policy Limit:
Disease/Employee:
Per Claim
A re ate
$1,000,000
$0
$0
$0
$1,000,000
$1,000.000
$1.000,000
$1,000,000
$1,000,000
$0
Description of Operations/LocationsNehicles/Restrictions/Special items:
ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ONLY: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND
REPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERATIONS IN
AS-NEEDED ASSISTANCE IN STORMWATER PLANNING, COMPLIANCE SERVICES, AND PRESENTATIONS OF SUCI-fMATERIAL TO THE CITY UPON REQUEST.
ADDITIONAL INSURED ENDORSEMENT ATTACHED.
'Written at a re ate limits of liabilil not less than amount shown,
Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED
WITHIN THE POliCY FOR ALL OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS
NOTICE WILL BE GIVEN.
S-04, 0576
City of Santa Ana
Public Works Agency
20 Civic Center Plaza-M36
Santa Ana, CA 92701
Authorized Representative:
cc:
L C; c..;.",d,( (,.--y, ,v. l!-
SEE
05129103
1"1..Vf
i .
GREENWICH INSURANCE COMPANY
Insured:
Policy:
Effective:
Brown & Caldwell
GEC000166203/AEC000166303
03/26/03 - 03/26/04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY
This endorsement modifies insurance provided under the following
GENERAL LIABILITY AND AUTO LIABILITY POLICY
ADDITIONAL INSURED
City of Santa Ana, its officers, employees, agents, volunteers and representatives
TYPE OF OPERATION I PROJECT LOCATION
As-Needed Assistance in Stormwater Planning, Compliance Services and Presentations of Such Material to
the city upon request
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or orgartization shown in the
Schedule, but only with respect to liability arising out of "your work" performed for that insured by or for you.
PRIMARY: With respect to claims arising out of the operations of the Named Iusured, such insurance as 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.
NOTICE OF CANCELLATION:
I. If we cancel this policy for any reason other than non-payment of prentium, we will
mail written notice at least 30 days before the effective date of cancellation to the
Additional insured on file with the Company.
2. If we cancel this policy for non-payment ofprentium, we will mail written
notice at least 10 days before the effective date of cancellation to the Additional
Insureds on file with the Company.
SEVERABILITY: A Severability ofInterest Clause is included in this policy.
The referenced policies do not exclude explosion, collapse, underground excavation hazards or removal of lateral
support.
The General Aggregate Limits of Insurance in the referenced polici
pply separately to this project.
. . ,?:.
APPROVED AS TO FORM
Professional Practice Insurance Brokers, Inc.
Authorized Representative
June 3, 2003
~~U~~
Laura Sheedy..
Deputy City Attorney
Certificate of Insurance
k1- c.uc52 -l5(o
t./
Agency NlIII'I9 and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF
Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON
Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
10 California Street NOT AMEND, EXTEND OR ALTER THE COVERAGE
Redwood City, CA 94063-1513 AFFORDED THE POUCIES USTED BELOW.
Insureds Name and Address: les Affording Policies:
Brown and Caldwell A.Greenwich Insurance Comp~
201 North Civic Drive B. **Lwnbennens Mutual Casu ly Co.
c.
Walnut Creek, CA 94596 D.
E.
F.
1 of
2 #S59417~50874
COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE L.ISTED BELOW HAVE BEEN ISSueD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWllliSTANDING ANi REQUIREMENT, TERM OR CONomON OF ANY CONTRACT OR oniER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSUAANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE POLICY LIMITS
A GENERAL UABILITY GECoool66202 03/26/02 03/26103 General Aggregate: $2,000,000
IKI Ccrmllll'ClaJ General Uebllity Pmducls-CcnVOps
o Claims Made Aggregate: $2,000,000
I&J Occurrence Pan;onal and Adv. Injury: $1,000.000
o Owne~s and Contractol1l Each Occurrence: $1,000,000
Protective Fire Dmg. (anyone fire): $1,000.000
0
A AUTO UABIUTY AECOOOI66302 03126/02 03126/03 Combined Single Umlt: $1,000,000
Jjg Any Automoblle Bodily Injury/person: $0
o All Owned Autos Bodily InJury/accident: $0
o Scheduled Autos , ,) Property Damaga: $0
Jjg Hired Autos Al'r~V, J:.;..u t....;:, , '
Jjg Non-owned Autos ~ n./~
o Garago Uebllity
0 A. /
EXCESS UABIUTY ;;';,UlY Ci y A ttn1'l1ey Each Occurrence:
o Umbrelia Form
o Other lI1an Umbrella Form Aggregate:
B WORKERS' 2BAI4873700 03/26/02 03126/03 Statutory LinI1B
COMPENSATION Each Accident: $1,000.000
AND EMPLOYER'S DlseeseIPoIq Umit $1,000,000
LIABILITY
Dlsease/Employee: $1,000,000
A PROFESSIONAL 05/31102 05131103 Per Claim $1.000,000
UABILlTY' PECOOOOOO501 . Aoarecate $1,000,000
$0
Description of OperationslLocationsNehiclaslRestrictionslSpacial items:
ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ONLY: CITY OF SANTA ANA, ITS OFFICERS. EMPLOYEES, AGENTS, VOLUNTEERS, AND
REPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS BUT ONLY AS RESPECTS LIABILITY ARISING OUT OF THE NAMED INSUREDS' OPERATIONS IN
AS-NEEDED ASSISTANCE IN STORMWATER PLANNING, COMPliANCE SERVICES. AND PRESENTATIONS OF SUCH MATERIAL TO THE CITY UPON REQUEST. SEE
(Sse Attached Descriptions)
'Written at
tl
th
sh wn.
THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABlE FOR CLAIMS PRESENTED
WITHIN THE POLICY FOR AI.L OPERATIONS OF THE INSURED.
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVes WILL MAIl. 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN
THE EVENT OF CANCELlATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASe 10 DAYS
NOTICE WILL BE GIVEN.
Auth""''' .......- 03104/03
S-04
City of Santa
Public Works Ageocy
20 Civic Ceoter Plaza- M36
Santa ADa, CA 92701
C<"
ADDITIONAL INSURED ENDORSEMENT ATTACHED. "THE INSURER'S POLlCV PAYMENT OBLIGATIONS ARE BACKED BY A CUT-THROUGH TO NATIONAL INDEMNITY
COMPANY, AN A+ + RATED BERKSHIRE HATHAWAY SUBSIDIARY.
DESCRIPTIONS (Continued from Page 1)
~
GREENWICH INSURANCE COMPANY
Insured:
Policy:
Effective:
Brown & Caldwell
GEC000166202lAEC000166302
03126/02 - 03/26/03
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY
This endorsement modifies insurance provided under the following
GENERAL LIABILITY AND AUTO LIABILITY POLICY
ADDITIONAL INSURED
City of Santa Ana, its officers, employees, agents, volunteers, and representatives
TYPE OF OPERATION I PROJECT LOCATION
As-Needed assistance in stormwater planning, compliance services, and presentations of such
material to the City upon request
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of ''your work" performed for that insured by or for you.
PRIMARY: With respect to claims arising out of the operations of the Named Insured, such insurance as 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.
NOTICE OF CANCELLATION:
I. If we cancel this policy for any reason other than non-payment of premium, we will
mail written notice at least 30 days before the effective date of cancellation to the
Additional insured on file with the Company.
2. If we cancel this policy for non-payment of premium, we will mail written
notice at least 10 days before the effective date of cancellation to the Additional
Insureds on file with the Company.
SEVERABILITY: A Severability of Interest Clause is included in this policy.
The referenced policies do not exclude explosion, collapse, underground excavation hazards or removal of lateral
support.
The General Aggregate Limits of Insurance in the referenced policies apply separately to this project.
Pro=ce~~kerS'Ine
Authorized Representative
APPROVED AS 1'0 FORM Marcb4,2003
...
'"'
ADDmONAL INSURED ENDORSEME.'-'T
FOR COMMERCIAL GENERAL LIABILITY POlley
Instuance Company
Greenwich Ins. Company
This endorseme:1t modifies snch insurance as is afforded by the provisJons of Policy
# GEC0001662 0 2 relating to thefollowing:
1. The City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California
92701; its officers, employees, agents, volunteers and representatives are named as
additiowol ~d5 ("additiOlW i=urcds") with ICgard to liability aud dc~c of suita
arising from the operations and uses perfonned by or on behalf of the named insured.
2. With respect to claims arising out of the operations and oses performed by
or on behalf of the named insured, such insunnce as is afforded by this policy is primary
and is not additional to or contributing with any other insurance carried by or for the
belll:fit of the additional insureds.
3. This insurancc applies separately to each insured against whom claim is
made or suit is brought except with respect to the company's limits cfliability. The
inclusion of any person or organization as an insured sball not affect any right which such
penon or organization would have as a claimant if not so included.
4. With respect to the additicnal insureds, this insurance shall not be
cmce.lkd, ~J\J~wWa~____ 1 _.:mdiDUCr except afu:r thirty (30) days written
notice has been given to the City of Santa AN. 20 Civic Center Plaza, Santa Ana,
California 92701.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
~cUve 01/04/200,
Policy# GEC0001(?6202
~~dto Brown and Caldwell
. this endorsement fOlm as a part of
Na.mccl Insured
Countersigned by We~ ~
Mthoriz Representati e
APrROVED AS TO
FORM
~Vd~ 0-''7 .
L fa Sheedy
Deputy City Attorney