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HomeMy WebLinkAboutHYGIENETICS ENVIRONMENTAL SERVICES, INC. 2 -2001 INC'U':A',IGE ON FILE' N-2001-0n v.,\\<< j':,~X( Fi'~,C'C=EO N Ui,,"iL Iil~.uf'~~~'1-l)(?IRES . iiiII' CO SULTANT AGREEMENT CL[f,K OF 9ilf~C~ c. fi I J GATE: f'- ... I Pi THIS AGREEMENT, made and entered into this )t;r:). day of~, 2001 by <:).3 and between Hygienetics Enviromnental Services, Inc., a California Corpora1;j6n (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental services during asbestos lead-paint removal. 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 $9,817.00 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 January 31,2003 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 ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnity 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 negligent operations ofthe 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 negligent performance of services. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. In the event that both parties contribute in any manner or extent to the incidence of damages under the performance of this Agreement, then each party shall bear responsibility for its proportionate share of the resulting damages. All provisions included in this agreement are solely for the benefit ofthe parties hereto, and none of the other provisions of this Agreement are shall inure to the benefit of any other person not a party to the Agreement, and third parties shall have no rights hereunder. 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 like importance, but in no event less than reasonable care. "Confidential Information" shall 3 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: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) 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 4 Santa Ana, California 92702 telefacsirnile (714) 647-6515 To Consultant: Hygienetics Environmental 1920 East Warner Santa Ana, CA 92705 Attn: Marc Zimpelmann 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. 5 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 ofthis 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. 6 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 SANTA ANA ~e~~ Clerk of the Council ~,kffff DAVID N. RE + City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Michael Vig 0 a Deputy City Attorney RECOMMENDED FOR APPROVAL: (? CONSULTANT M.~RC ZIMPElMANN, REA REGlllNP,l QIRECT-OR " r oss xecutive Director of the Public Works Agency Employer ill # 13-3992505 7 ,..... \ , ,~~ "'cl ....... -. d:t1 n}olerh::tIC.':,.. ::~::'./I;'D:jr{~ 2:.~t3~ EXHiBiT I' "" O' J fL.; ,; k=ll. Sl..:itaA 1920 E2!st 'Warr:cr Aierd..!S Sc~ta A"':3, CA 92705 Fr:cr;e: (949j 955-0201 Fax: (94g} 95540965 hy,;:ere:ics Er.'11ronm~:it2!r Serii::es, Inc. F~bruary 28, 2001 " II Mr. St~ve Worrall, P.E. City of Santa Ana Wat~r Resources Di\ision Public Work Agency 220 S. Daisy Avenue Santa Ana, California 92703 RE: Proposal for Asbestos and Lead-Based PaInt Consulting Senices for the \Yell #14 Pump Building, Hydro-Generator Building, Resen'olr and Yard Piping at 2401 Brislql Avenue, Santa Ana, California. Hygienetics Propos"l Number LA01l125R . .I-I-' D~ar Mr. Worrall: -,' Hygien~tics Environmental Services, Inc. is pleased to present the following proposal to provid~ environmental consulting services for the interior and exterior of Well #14 Pump Building, Hydro-generator Building, Reservoir and Yard Piping at 240 I Bristol Avenue, Santa Ana, California. This proposal specifically addressos th~ asbestos and lead abatement, whicb will be nec~ssary before the material, is disturbed during the demolition pbase of the project A daily rat~ to provide abatem~nt oversight as well as a rat~ to provide closeout documentation is indicated below, Hygienetics' Technician will visually observe the r~moval of polychlorinated biphenyl fluid from el~ctrical equipment and th~ removal of m~rcury switches. It should b~ not~d that no sampl~s will b~ collect~d. Hygienetics will also r~view the hazardous waste manifests for the disposal polychlorinated biphenyl fluid from the designated electrical equipment and the mercury contained in switches. Hygienetics assumes that this work will occur during the asbestos and lead abatement phase of the project. Our not to exceed fee for this work is 59,817.00 . Scope of 'York for Asbestos and Lead Consulting Senices 1. Hygi~netics Environmental will attend one pre-construction meeting with the Abatement Contractor and the City of Santa Ana to coordinate and re,'iew the requirem~nts as they relate the asb~stos and l~ad abat~ment. Th~ Abatement Contractor will b~ r~quired to provid~ documentation to p~rform this work as well as provide confirmation that th~ proper Agencies have be~n notified. In addition, Hygienetics will review the Abatement Contractor Work Plan to ensure all regutatol)' requirem~nts will b~ followed; 2. During asbestos and lead abatement, Hygienetics will provide an Asbestos and Lead Abatem~nt Technician for no more than 18 sbifts to perform compliance inspections, abatement air monitoring, and final clearance testing. Asbestos air samples will be analyzed on-site using phase contrast microscopy. Lead air samples will be collected in accordance with NIOSH Method 7082 and analyzed utilizing Flame Atomic Absorption. 3. Following completion of the abatement project, Hygienetics "ill provide City of Santa Ana with a Project Summary Report and results of all sampling completed during the abatement. C?pies of contractor submittals and records of daily inspections will also be included in our final report. ,,' ~... \ . Page 2 City of Santa Ana Fee Proposal for Asbestos & Lead Consulting Ser..ices 'Yell #14 Pump & Hydro-Generator Buildings, Reservoir and Yard Piping 2401 Bristol Avenue, Santa Ana, California J I Hygienetics Environmental Services, Inc. . . We thank you for giving us the opportunity to submit this proposal. Should you have any questions or require further information, please do not hesitate to contact us at (949) 955-020 I. Hygienetics Environmental Services, Inc. . . . / ~~~ I~L _ ./ F /rf v--::y Gregory R. Archung Project Manager California Certified Asbestos Consultant Certification No. 92-0041 .'. Attachment: Fee Proposal CC: Mike Gergis - Cil)' of Santa Ana Marc Zimpelmann - Hygienetics Environmental \\SA.'-'T AJl>A\DA T A\l'ILEl'.'E\\\PROPOSAL"'-'EW\LOl I 125R.doc IiYglenetjcS~ environmental . . . Page 3 Ciro.' or Santa Ana ree Proposal for Asbestos &. Lead Cons'ulting Seriices 'Yell #14 Pump &. Hydro-Generator Buildings, Reseryoir and Yard Piping 2401 Bristol Avenue, Santa Ana, California ~ I! H)'gienetics Emironmental Ser;ices, Inc. Fee Proposal .' Task 1- Pre Construction Meeting, Re,iew of Submittals and Work Plan Project Manager Technical Aide Miscellaneous Expenses Subtct~! '. 10 hours@565.00thour 2 hours @ 535.00thour @Cost .. 5650.00 570.00 lli.QQ $745.00 Task 2 - Construction Monitoring Senices - Per Shift Cost (actual number orshiits to be determined) :. . Project Manager Asbestos &. Lead Abatement Monitor Phase Contrast Microscopy Samples Lead Air Samples Mileage Subtotal 1 hOllr@ S65.001hour 8 hOllrs@ S45.001hour 4 samples@56.00/each' I samples@S15.00/each' 565.00 5360.00 524.00 515.00 lliJlQ S474.00 A total of eighteen (18) shifts will be provided 58,532.00 Task 3 - Compliance Documentation Report Project Manager Asbestos & Lead Abatement Monitor Technical Aide Miscellaneous Expenses Subtotal 2 hours @ S65.001hour 7 hours @ S45.001hour 2 hour@ 535.001hour @Cost 5130.00 S315.00 570.00 lli..QQ $540.00 Our estimated time and material not to exceed fee for this work $9,817.00 The number of samples is an estimated; City of Santa Ana ",ill be invoiced only for the actual number of samples analyzed. The number of samples is an estimated; City ofS311ta Ana wilt be invoiced only for the actual number of samples analyzed. HygieneticsGl Environmental 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 92701. (Completion ofthe 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 \ . - - 949 955 0955 . P. 03/04 MAY-15-2001 10: 19 ... . HYGIENETlS5 SANTA ,ANA,,., Jllila.rA:"'I~E''''''. ~:' ,".": "" ':.", DATEfliiiD""'" .,.z.u.-" ' ,,-n""II'1'.V~~Jl'C1;W""~UR'tlllllfl!'Yl-. fN'w~I~~ ~ '..' ,RfIlltle,D . 05/1412001 .. '" . '." ." '".1 ',-", '" "1';.-' ;,;. . . ' , ~,'.." '." I 'r" '". ".. . "a. ,,,.,, ,'..." '. . . UCER Sori.,. 501630 THIS CERTifICATE IS ISS ED AS A MATTER OF INfORMAnON ON~V AND CONFERS NO RIGIlTS U'ON THE C~RnFICATE HO~DER. THIS CEIlTIFICA TE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFOIlDED IV TIlE POLICIES .E~OW, COMPANIES AFFORDING COVERAGE '-----"-"-.. , . c...~... CONTINENTAL CASUAL TV ..lon Ril. ServiG", Inc. of New York 2 World Trado Conler N_Vollc, PlY 10041.10" T.I.,hone: 212....1.1000 Fa: 212"79-1707 MURED ,.-, HYGJENETICS ENVIRONMENTAL SERVICES, INC. 110 PORTlAl/D STREET llOSTON, MA 02114 CCM.... FEDERA, INSUAANCE COMPANY . .-- -- -_. '- .-- COM~'"' TRANSPORTATION INSURANCE CO. , I'" .. r. If.,~,:~,,'Hil;'l'\('' '-JIll.!' I' \L'!t'Ii~"~I\I-I," " I ' I'r" .~. I - 'f'- . , . .'" I 'l ~ :r.cr:'~i;~'" ,t' ., I . I" . , I'~ . .,"' , . "I.'~rN ~"...\ ,,"" "'rlI""'I"" '0;. \"'~~"T-;, I Ttn81S fu'~J;\~ ~~~E:~~:~~lj'g. r~~~~f~'"lf~~'~tr;;W~;ivii~'~I~;i~~~61i'~~~Ni~~~~!~~:~b~,';;i;E'~bW~.;i:i:Jt;#~~~~"D"',\'i" I~DleATeD, N01WIT>tSTANDI~G ANY REQUIREMENT. TERM OR COI<OfTIQN OF ANY CO~TRACT OR OTH!R DDCUMENT IMTI< ReSPECT TO WHICH THIS CeR'I1'ICATE M4Y BE ISSUED OR MAY 'ERTAIN. THE I~SURANCI""ORDED B. THe POLICIES DESCRIBED HEREIN IS SUI.ECT To AU THE TERMS, EXC,UBIONSANO CONomD~S D' SUCH .OLleIES, UMITS SHOWN M4Y ""VI BEEN RlDUCID BY PAID CLAIMS. ,-- - "-' -~ ";~IC~~- 'O\IC'f';'IM"o~1 TYPE. OF I"ISURAHCa POUCT NUMa(A DATr lllIillDDi'nl GAT. {MMJIKwY) COM';-"' AMERICAN INTERNATIONAL SPECIAL TV C. "lit A GENERAl.UA8IUTY GL241861530 X CQhtlMElItCI... GE"'EIW. \.I&llLITY " CU.,IMS lMDe [K1 Occua ~fR:" & COHTf:.ACTOItS '.DT UMIT' 01101/2001 01101/2002 c.NIi....a.~~...T. 01 ....ODUCTI. COMPloP AOO . .-. !!~~~I4Y I ~.",~~t . lI'IfIlII)MU.QE (NIv tlq (,,., I I'WItcl!>>CNlJOI'llIillftOf'l I A AUTCIMOIIU! LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTQS HIRED AUTOS NOIloOWNIO "UTOS aUA 247862645 AOS aUA 2418628Sl1 TX 0110112001 0110112002 tOMlIM(D SltfCllf LIllIT 2,000,000 1,000,000- 1.000.000 1,000,000 50,000 . 5.000 1,000,000 I 'OQIL yo INJURY I'"IN"") . OOOIL v INJuRy ('.r";_",, . -'-.-' P~o~e:",... 04\4'AOE G......GE LIABILITY AllY A.UTO iXCU$ LlAltLlTY X, UMBRELLA 'ORM DTH~ ""-'N UMIAILLA FO",", A WO-.cR'S COMfIINIA"'Oltil AND C ...,t.O"'~1Q' u.tllLlff 798 186785 (01) 0110112001 0110112002 ~~~I.~~~E"'T I Of"'~~V!O o..~y .~~..~eIDeNT I AGO_iG4Te s ..." O<:CUMENC' . 5,000,000 '- ....,-.... ':!!!!..""":"_.-+-S,QOO,OOO X~I;..~1 :: II. ~D~N'T I .'--;:000:-000 '~P~'O~..I . --1,000,000 .............. .........E I 1,000,000 51,000,000 EACH LOSS $3,000,000 AGG, ""'~IIIire'" C ..NmrlClIHftWTl..... I" I. OH''1CUIA'''; EXCL WC 247861.80AOS we 247861513 OR & WI 0110112001 01101/2002 O_R o CONTRACTORS PROF. LIAS. 2818737 O~IO 1/1999 01/01/2002 U"ON OPl__noNM.QC;A'ftOfiiSN8\''';LI A"'", CITY O. ~NTA ANA, ITS O..,tIRS. EMPLOYles. "OENT$, VOLUNl1!ERS ANI) Rel'llESENTAT1I/ES ARE INC.UOED AS ADDITIONAL INSURSOS WITH RES..c:T TO GAR"'E RE5EIlVOIR, P.AU" (PROJECT......E), SANTA...... CA LOCATlONlBYTHINAMED INSURED. 1:J.. , . ,~,__~~~,;);t"'dl1:\!:~~~!~~ ~~;!r.~~u1~Jj:~!rr~t'i:,,:,li~'.'/I":;,":'~;C'~C, '.'l,,::jj1~'tlL:~ 1 :":II~~<,.,1:;'." ~'I'~\~:~I~\I~>-~"~,~~~_~ J(." ~::~I.':r:'i: .r::_~: !'~:\ :;:'I,i' "11 SWOULD AMY M TH~ AIIOVIE DtICIUe. IIOUCIU "C....Cf:LLlD ""Olt& "ttf CliY OF SANTA ANA E...."Of'I ~t( TfltEREOf. TNI IUUIHC COMPANY WILL .... ....I. 20 CIVIC CENT!" ItLAlA, SUITe M22 ~ DAYI WAlmH IrrIOT1CE TO T"I CEllntflCoAT, ..<K.OIIl......n TO TN! LEn, P,O, lOX 1988 -W-~.~_~rw""'-b.. v'W" _.... , 1 'fit SANTA ANA, C-' 92702 ~ _C ~_Qf_'" '>>OC ,~ 'rATN'f; AONItii..UIMCH.ltIIC.OJ H'r ./.,. . APPR ichael Vigliotta Deputy City Attorney --Y. , .... ~... ';;;.. MAY-16-2001 10:20 HYGIENETICS SANTA ANA 949 955 0965 P.04/04 . EXHIBIT B ADDITIONAL INSURED ItNDOaSDe:NT Foa COMNERCZAL GENEWtI. I.IABIL:J:TY POI.:J:CY 1. THE CITY OF SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701; ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSOREDS('ADDITIONAL INSOREDS") WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USES PERFORMED BY OR ON BEHALF or THE INSURED. 2. WITH RESPECT TO CLAIMS ARISING OUT or 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 BROOGHT 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 HAVEAS A CLA!MANTIr NOT SO INCLUDED. 4. WITH RESPECT TO THE ADDITIONAL INSUREDS, THIS INSURANCE SHALL NOT BE CANCELED, OR MATERIALLY REDUCED IN COVERAGE OR LIMITS EXCEPT AFTER THIRTY(30) DAYS WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY or SANTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701. Policy Number GL 24786]530 S TO FORM S.,lal': 601830 APPROVED r Michael Vigholta Deputy City A ltorney F>.ge2 TOTAL p.a3 TOTAL P.04