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HomeMy WebLinkAboutOLYMPIQUE FAÇADE ACCESS CONSULTING - 2006 INSURANCE ON fiLE WORK MAY pROCEED UNTIL INSURANCE EXPIRES 9.,211-07 CLERK OF COUNCIL DATE: I,IO'~? 0: .,r<lf'C" (i) (!>I,G.\;,..;) TIllS AGREEMENT, made and entered into this Ith day of December, 2006 by and hetween Olympique Fa,ade Access Consulting, a California corporation (hereinafter "Consnltant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws orlhe State of California (hereinafter "City"). N-2006-122 CONSULTANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of Cal/OSHA regulation compliance in relation to window cleaning. 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 lhat it is knowledgeable in its field and that any services performed by Consultant WIder this Agreement will be pcrformed in compliance with such standards as may reasonably be expected horn a professional consulting fiml in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subjecllo the terms and conditions hereinaftcr setforth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide services necessary to develop an Operating Procedures Outline Sheet (OPOS) to ensure City compliance with Cal/OSHA regulations, as set forth in Exhibit A to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall bc submitted in hard copy and produced in a form compatible with City's computer system, as agreed bctwccn the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, rep0l1s, plans, photographs, drawings, and computer programs, Consultant agrees, for itself and for its officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from thc City, and (b) the authors of all such matcrial, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope ofthcir official duties, as a condition of payment to thc Consultant, a royalty-free, nonexclusive, irrevocablc license throughout the world lor governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPICNSATlON 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 thil1y (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. 4. TERM This Agreement shall commence on the date tirst written above and terminate on June 30. 2007, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, he 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services \vhich are the subject matter ofthi5 Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicah]e 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. 6. INSlIRANCE Prior to undertaking performance of work under this Agreement. Consultant shall maintain and shall require its subcontractors, if any, to obtain and 11laintain insurance as described below: 3. Commercial General Liability Insurance. Consultant shall maintain commercial generalliabi]ity 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 Attomcy. 2 b. Business automobilc liability insurance, or equivalent form, with a combined singl!.: limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automohiles. c. Worker's Compensation Insurance. In accordance with the provisions or Section 1300 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 perf0I111anCe of the work under this Agreement, Consultant agrees to ohtain 8nd 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this sedion: (i) Consultam sball maintain all insurance required above in full force and dTect lor 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 maimain the insurance required by this section or Jails or retuses to furnish the City with required proof that insurance has been procured and is in force and paid lor, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such terminatinn shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant wai.vcs the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its omcers, agents, employees, consultants, special counsel, and representatives Irom liahility; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal iujury, including health, and claims for property damage, which may arise from the direct or indirect operations or 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 arisiug from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or cquitable relief suffered, or alleged to have been SlltTered, by reason of the events reterred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consullant Jurther agrees to indemnify, hold harmless, and pay all costs for the defcnse of the City, including fees and costs for special counsel to be 3 selected by the City, regarding any action by a third party asserting that personnl injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises hy rcason of the terms oC or effects arising from this Agreement. City may makt: all n:asonable decisions "vith respect to its representation in any legal proceeding. 8, CONFIDENTIALITY If COllSultant receives from the City information which due to the nature of such information is reasonahly understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclosc such information except in thc pcrformance of this Agreemcnt, and fUliher agrees to exercise the same uegree of care it uses to protect its own information of like importance, but in no event less than reasonabh: care. '''Confidential Information" shall include all nonpublic information. Confidential infomlation includes uot only wrillen information, hut also information transferred orally, visually, electronically, or by other means. Confidt:ntial information disclosed to either party hy any subsidiary and/or agent of the other party is covered by this Agreement. The Jureguing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (h) is, through no fault ofthe Consultant disclosed in a publicly available source; (c) is in rightlcd possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by uperation uf law; or (e) is independently developed by the Consultant without reference to infonnation disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect. which wuuld cunnict in any manner with performance of services specified under this Agreement. 10. 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 telcfacsimile or other telegraphic communication in the manner provided in this Section, to the follo\ving 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 Finance and Management Services Building Maintenance Division 4 City of Santa Ana 20 Civic Center Plaza (M-II) P.O. Rox 1988 Santa Ana, California 92702 te[efacsimile (714) 647-5421 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, Calilurnia 92702 telefacsimile (714) 647-6515 To Consultant: Olympiquc Fa,adc Acccss Consulting 26212 Enterprise Court Lake Forest, California 92630 lelefacsimile (949) 455-0798 A party may changc its addrcss by giving notice in writing to the other party. Thereafter, any communication shall he addressed and transmitted to thc ncw addrcss. If sent by mail, 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 certilied. with postage prepaid, and addressed as set forth above. If sent by telefaesimile, commw1ication shall be effective or deemed to havc been givcn twcnty-four (24) hours after the time set forth on thc transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time Ji-ames, weekends, federal, state, County or City holidays shall hc excluded. 11. 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, hetween the parties. In the event of a contlict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not he modi tied except by written instrument signed by the City and by an authorized represeutative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that arc inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or ohligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or othenvise, have been made by any party, or anyone acting all behalf of any party which are not embodied herein. 12. ASSIGNMENT Inasmu(;h 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 he considered null and void. Nothing in this Agreement shall 5 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, 13, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of tem1inatiolL 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 pa)'ll1ent, the Executive Director may require Consultant to deliver to tile 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 speciJied in the Recitals of this Agreement. 14. DlSClUMINATlON 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 kderal, state and local laws and regulations. 15. .JlJRISDlCTlON - VENUE 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 he determined and governed by the laws of the Stare of California. 130th 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. 16, PROFESSIONAL LlCENSF,S Consultant shall, throughout the term orlhis Agreement, maintain all necessary licenses, permits. approvals, waivers, and exemptions necessary for lhe provision of the services hereunder and required by the laws and regulations of the United States, the State of California, lhe City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in \vriting of its inability to obtain or maintain sllch permits, licenses, approvals, waivers, and exemplions. Said inability shall be cause lor termination of this Agreement. 6 17. 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 Agreemenl, and shall indemnil'y 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. h. All Exhihits referenced herein and attached hereto shall he incorporated as i I' III Ill' 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: d --- - '. ~~ (~i!.Jc_(<-<-'-/ ..... \ PATRICIA (HEALY- "--- Clerk oflhe Council CITY OF SANTA ANA ~ APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney J Vi BY>}a'H4-::Y'~L <41' La;(ra Sheedy ( Assistant City Attorney RECOMMENDED FOR APPROVAL: OLYMPIQUE FA<;:ADE ACCESS CONSULTING T\\\)~~'M' ,'i\~:---,--,-, FRANCISCO GUITERREZ Executive Director ofthc Finance and Management Services Agency ~ TAX ID# 13-ulL2sq) 7 ~ OLYMPIQUE Fa~ade Access Consulting ..="'''''-~ tNOJ..JS"in'f !!l~..... November 17, 2006 Mario Ghizzi City of Santa Ana Building Maintenance Division 20 Civic Center Plaza, B-19 Santa Ana, CA 92701 RE: OPOS Development Consulting Engagement Project: Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Project No. ODC-039-06 Dear Mario: Thank for you considering my firm to assist the City of Santa Ana with the above referenced Project As you know, OL YMP/QUE is able to offer the City of Santa Ana high performance OPOS (Operating Procedures Outline Sheet) Development Services and Project Management services for the Project's exterior building maintenance fa,ade access code compliance, equipment and ongoing Scaffold Inspection and Testing requirements. The Operating Procedures Outline Sheet (OPOS) will ensure owner compliance with the current Cal/OSHA regulation section 3282(p)(1)(c) that require building owners to provide their window cleaning contractors with an OPOS prior to allowing them to use Bosuns Chair/CDA (Controlled Descent Apparatus) methods and/or counterweighted beams as suspension points for their equipment An OPOS is also required when original equipment operating instructions and manuals cannot be found on buildings with an existing window cleaning system (see section 3298 (a)(3-4)). We are able to provide you with these professional services as a result of over 18 years of experience with exterior building fal(ade access equipment Our professional affiliations and continued training wittJ the Scaffold Industry Association (SIA) and International Window Cleaning Association (IWCAl also position OL YMPIQUE to deliver the most up to date information on new technology and regulations for your project Additionally, our Cal/OSHA S.I.T. Agency No. 36 status together with our intimate knowledge of the current Cal/OSHA Code governing both new construction, existing building compliance, and renovation work allow us to efficiently develop and complete projects free from future compliance liabilities. Costly facility operational hindrances that occur all too often as a result of today's fast paced design and construction cycle can be eliminated through careful project management. Access to Structural Engineering services and the latest material and equipment technologies through key vendors carefully matched to specific projects is yet another benefit of hiring OL YMPIQUE. Our PturesSibnillServices have been- carefully designed in stages; complete Willi milestone detiverabfes that ana' . relative to key phases that are often required in roof-top system modernization as well as in the path to code compliance. As a result, our clients are afforded the flexibility to be assisted with these key services over a timeline that meets their budget These Professional Services are outlined in the following Project Initiation Proposal complete for your review with the fees for each of the specific services. San Diego Office 10439 RosefleStreel,SuiteC San Diego, CA 92121 (858) 643-1644 Fax (B5B) 225-0596 Corporate Office 26232 ErllerpriseCourt lakeFore5t, CAg,263(l.. (949)45&-0796 Fax (949)455-0798 WNW.facadeaccess.com Los Angeles Office Dispatch LOGiliion Only Mailing Addless Coming Soon! (323)604-079S Fax (323)297-2985 Contraclo.-s U"ense No. 870719 CaIIOSHAStTUc..ns... No. J6 , r~, Santa Ana City Hall - OPOS Development Consulting Engagement.doc of 4 Company: Project: Page 2 City of Santa Ana Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Project No. ODC-039-06 Attached hereto as Exhibit "A" is a complete Project Initiation Proposal setting forth the major milestone deliverables by OL YMPIQUE in connection with the agreed Scope of Services. Certain detiverables and milestones will require plan submittals, input and/or signoll by the City of Santa Ana and/or its Agents. the City of Santa Ana agrees that it's Designated Project Lead or Agents will provide all plans, input and/or sign-oils on a timely basis. If the above meets with your approval, please execute this Engagement Letter in the space provided below to indicate the City of Santa Ana acceptance and agreement to same. Please return one fully executed original to our offices. Once again, thank you for selecting OL YMPIQUE to provide the services described herein. Current Cai/OSHA regulations relating to your building are available by visiting www.dir.ca.oov/title8/sb701.html. Sincerely, David Ortiz CEO encl: Exhibit "A" Project Initiation Proposal CUENT APPROVAL Mario Ghizzi City of Santa Ana By: Title: Date: OL YMPIQUE Fafi<'deAn:e,s.>' Com;u/liJ/g@eaI/OSHASITNo.36 CliElntlnitials Santa Ana City Hail - OPOS Development Consulting Engagement.doc of 4 Company: Project: Page 3 City of Santa Ana Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Project No. OOC-039-06 EXHIBIT "A" Project Inifiation Proposar Project: Santa Ana City Hall 20 Civic Center Plaza Santa Ana, CA 92701 Scope of Services: 1. Initial Plan Review (Origina/ Architec/ura! Drawings Required) $0 included in item 2 An initial assessment of the project via a comprehensive physical site inspection and component logging together with a review of the foilowing architectural drawings will be made. This assessment wiil address project specific code compliance requirements and the identification of any fal'ade access components required as a resuit. These may include tie-back anchors, pedestals, davits, roof guarding and any permanent installations as required. Additionally, a review of the existing fal'ade access components wiil be made which may include performing a duty cycle on any moving andlor mechanical components. a. Requirements: i. Site access including roof and all other areas impacted by the fayade maintenance requirements. ii. Architecturai Drawings: Site Plan, Roof Pians, Floor Plans, Elevations b. De1iverabtes: I. Code Compliance Assessment Memo identifying any requiring instailations. ii. Current Physical Condition Assessment and functionality of existing fagade access components. iii. Shop Drawings I Detail Sheets of required component installations_ 2. 01'05 Development (CAD Drawings Required)* $6,000.00 A comprehensive assessment of the project will be made. This assessment Will refine the project specific code compliance and fagade access component requirements above in a comprehensive roof level specific and elevation level specifIC Operating.Procedures OllUin",SileelIOPOS).ThisuOOJIIleIlh will ensure owner compliance with the current Cal/OSHA regulations section 3282(p)(1)(c) that require building owners to provide their window cleaning contractors with the OPOS prior to allowing them to use Bosuns Chair/CDA (Controiled Descent Apparatus) methods andlor counterweighted beams as suspension points for their equipment. The OPOS will be limited to the extent that any physical code deficiencies identified in Step 1 will be corrected by those recommendations. These may include retrofitting guard rails, tie-back anchors, pedestals, davits, and any permanent installations as required. OL YMPIQUE Faf8dfJ Access Consulting@Cal/OSHASITNo.36 Client Initials Santa Ana City Hall. OPOS Development Consulting Engagementdoc of 4 Company: Project: Page 4 City of Santa Ana Santa Ana City Haii 20 Civic Center Plaza Santa Ana, CA 92701 Project No. ODC.039-06 The OPOS is intended to design an efficient and safe method for performing routine maintenance on our buildings exterior fa,ade. a, Requirements: i. Architectural Drawings (CAD format): Site Plan, Roof Plans, Fioor Plans, Elevations, SectiDns II. Original Equipment Manufacturer/lnstaller ioad test certifications of all existing roof tie-back anchors, davit pedestals and all other related suspension equipment. (These are usually found in the original O&M package turned over by the Driginal GC) b. Deliverables: i. OPOS DDcument in triplicate. This will consist Df an 11X17 laminated dDcument which will include the follDwing: i. An iSDmetric plan view drawing of the buildings rDof with identification Df drops zones, drop sequences, equipment configuratiDns and specific building maintenance procedures, ii. All provisions required to be included by Appendix A of Article 5 of the California General Industry Safety Orders (Title 8, Appendix A of Article 5) iii. Elevation Specific Ground Operations Access (boom lifts, extension poles etc.) iv. CDA (Controlled Descent Apparatus) Access v, Roof/Ground Rigged Suspended Scaffolding vi, Site Work/Landscaping considerations 'CAD drafting seNices available if CAD mes are not available, Fees stan at $500.00 "Engineering Services, if required, are not included in this Proposal. Fees start at $800.00 if original engineered calculations of tile projects components is not available.. 3. Additional Services (as may be required> a. Tie.Back Anchor Load Testing - (28 Anchors on Main Roan - if required b. Engineering Calculations/Services - To verify anchor load capacity - if required, c. CAD Design Services - To render original m,of plan and details--required. $1,500.00 $800.00 $500.00 TOTAL $8,800.00 OL YMPIQUE Fa~fldeAr.ces.'i Consulting@CaIIOSHASITNo.36 Clienllnilials EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY PO!.lCY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the lolluwing: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its otliccrs, employees, agents, volunteers and representatives arc 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 afYorded by this policy is primary and is not additional to or contrihuting with any other insurance carried by or for the henefit 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 companis limits of liability. The inclusion of any person or organi7ation 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. (Comph:tioIl of the following, including countersignature. is required to make this endorsement cflective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 Jan 03 2007 2:~SPM fP LASERJET 3200 1'.1 /jf:ORD. CERTIFICJ!,TE OF LIABILITY INSURAIIICE OPID~ OLYldP-3 01 PRODUCU. THIS CERTlFlCATL 18 ISSUED AS A MATTER OF INFORMAl Argo Ilaurance (Anaheim) ONLY AND CONFE R8 NO RIGH:"s UPON THE CERTiFICATE Lie*nse *0650964 1\'-2006-122 HOLDER. rHIS C~mFICATE DOES NOT AMENO, EXTEND I 5101 I!l. La Palmll Ave. ~ '201 Ai. TER THE COVE tAGlE AFFORD-ED BY THE POLICIES BEL AnahAim CA 92807 Phone, 714-r'01-0668 P&x:7l4-701-0696 INSURERS AFFORD NO COVERAl;'E NA ~LiFtED --_.~- INSUI'!I:I'!A' :.ao4lMd _,.'c:ea:l:l>lOl'......O;.C9 INSUI'!EI'!B' OlYilfque lxPeat BU~ldin@ Care -- - Ol! ~. Waca e Act... oDaul INSlJRI"RC: -- --------.-- 26 3 ntA~riae Ct, INSJRERO; Lake Forest CA 9263C INS;JR~R ~, lMIDDr'VYr W1.!0 JON )R OW. c. OOVERAOES THI: POLICIES CF 1~,aUAANOE lISTECBELOW HAVEl" ':EN ISSUe:O TO THE INSUREO NAMED ANNE FOR Tl-IEPOUCYf'EFl OOINDlCATEV. ~IOTWITHSTANDING /'Hi,"EQUIRliiMiiNT, TERM OR COl'lcmON OFANYCt NT~ OROTlfEROOCI.I~TWrrH REaPECT TO WHICH rnI6GE'UI~IGATEMAY[E I8SUEDOR MA.... peRTAN, THE NSURANCEAFFORDED BY THE P 'lICIES DESCRIBED HEREIN IS 8lJBJECT TO ALL THE TERMS, EXClt SIONS AND CONllmQNS OF SUCH NS:?:.~:~AGGR~~E.~'~~SHOWNI>>.VHo\VEBE.N ~EDlJCEOBYI'^IDCLAIMS, ___ _ _ __ _, lTftW::; jYPe.OFINSURAI\ICI! POUCYNUMBER ~~r~~~ '"&l:~~~N L GHIEFlAL llABLlTY : r.;OM'IlE.RCIA1. G~RAL L'AB'LITY [~ ;LAIMS WDE: C OCCUR ~j----_. . _~~'l~O'l~....!,E ~~ AP~PER I FOl,;V I I JEeT ! IlOC ~~O~EILELlABllITY I PWI .,uTa llMlT~ EA ~H OCCLfRRENCE S P~;MISES(~oo:u'l!Inc" S _1JI..E~,~~_~E::'ll!~Lj--!_ f>E't~~_.\_~~!__~_ GENERAL AGGREGATE $ - - -----..--.------ PRJDUCTS-COMPIOf'AGO S CCMllINEOSINOLEllMIT IElllCddonll , :$ , ~- -- - -- ,IoLLfM'IIEDAUTCS :SCHCDUlI"D AUTOS HIRD AUTOS NON, OWNED .l\UTOI!I Il(JOllY INJURY (1"Ifperw~) ----- BODlLYINJUAY (P"BCdllenl) '. ~~(jEUABlLlr'l' -I ANY WTO 1- r>R~O':RTYOAMA.GE (p,rto:ddMI) DHER THAN A.UTOONlY: . FJlACC $ . . . . ,.. " i --/1 I.," 1'0 F )RM AlJrOONLY. EAACCIDENT ECE38ll'MBf'lELL.A. UAEllrTY ~ J OCC-JR [] CLAIMS MAOE -l OEDIJCTIBL~ -l RETI:f'fflON S WMKU$ COWeNSAT10N AND II!MPL.OYeRS'U...m Af\Jy PRQPRIITORl?AflTNERlEXE(;UTIVE OffICEl<1I.EPAB:R EXCLUOED1 grJ;~~;~~~5 b.lgoo IOTHElI A ! P:rof.a.:!.oua~ I.ial). /( Jl) .JJ, I e" -~ --I - -::~/J I '" ,'" I ~ 1\ \~)r~,.;' E},::H OCClF:RENCE I A('GFl.E~TE , t----. --1-'- . hORVll.l1 I'-'~~- E:EACH~!?IOENT E,l.DlSO':ASE-EAEMPLOY'E 0':.1 DISEASE - POLICY WAIT . . . ] HJlB063l3 10/04/06 10'04/0' Aggregate Sa. Claim $1, $l~ 000, 'll 0 OOO~':!.; 0 DESCRIPTION OF OPlAATlONS I LOCATJON81~ICLE i I i:XCLU5lI;)N' ADDeD BY II!~OOP.nI'oeNT / SPecIAL ""O\IlSIONS ~i8 io a prof.8.io~al Li&bLlity. The Certif~cate bolder i. D~ed as additional insured. City of Santa Ana Mario Ghiz.i 20 Civic Canter pla::a Sar.ta An& CA 92702 CANCELLATION SHOULD NrfOFTHE Al.CJ\I'E DESCItIIlEt POLICIE81!lE CANCELLED BEFORt THe ~II'I llO DATETHEREOF,TffEI61,UlNGINSURER"~LLINORA\IORrOMAll !!L lAYSMlIT!N NOTlCe TO THE CI!:RT1I'I-::A.TE HOlDl!kN.UIlHlTOTtlE LEFT, .UT FJULURI'" 0 DOIMl II IL.L It.POSE: NO OBLIGATlot OR LlA81llTYOl' AHYKlND Ul'OH TIE 1~;R, IT: AGENTS C CERTIFICATE HOLDER REPRESIiNTAT1V&S. AUT? r ... ATW'~~. ;a, = ACORD CORPU~ATIO ~ 9BB ACORD 2. (2001 ~8) Jan 03 2007 2;59PM fP LRSERJET 3200 p.2 IMPORTANT If tho certificate holdo, is an ADDITIONAL INSURED, the policy(ief') must be "ndorsed. A slalem.nt on this certificate doe:; not confer rights to the certificate holder In I au of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and condlllo",' of the policy. certain policies may require an andorsemt nt. A statement on this certlflcate does not cunfer rights to the certificate holder In lieu of such, lndorsoment(s). DISCLAIMER The Certificate of InSL ranee on the reverse side of this form does r ot constitute a contract between the issuIng Insurer{s). authorized representative or producer, and Ile certificate holder, nor does It affirmatively or negatl rely amend, extend or alter the coverage affc,rded by thEl policies listed thereon. ACORD 26 (2Q011\l8) BROKER COPY SG STATE COMPENSATION INSUPtANCE! FUND P.o. BOX 420807, SAN FRANCISCO,CA 94142-0B07 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE N-2.001D-1'l.'Z. GROUP: 000496 POLICY NUMBER: 0004715-2005 CERTIFICATE ID. 133 CERTIFICATE EXPIRES: 01-01-2008 01-01-2007/01-01-2008 ISSUE DATE: 12-22-2006 CITY OF SANTA ANA MARID GHIZZI 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 SG Thi;. IS to certify that we have issued a valid Workers' CompensGtion ins.urtlnce policy in iI form approved by tns California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance wriller! Jlotice to the employ@.r We will also give you 30days advllnce notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy OInd does nol i'lmend, extend or alter the coverage afforded b'}i the policy listed, herein. Notwithstanding any requirement. term 01 condition of any contract or other document With respect to which this certlflCi'lle of insurance may be issued or to which It may pertain, the Insurance afforded by the pOlicy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED REPRESENT A TI ~ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 P~R OCCURRENCE. ENDORSEMENT #1600 - DAVID ORTIZ P,S,T - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2007 IS ------ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER MESQUEMAI, INC DBA: OLYMPIQUE CARE 26232 ENTERPRISE CT LAKE FOREST CA S2630 EXPERT BUILDING /\= ._;- '-~_~ /,',; TO FORM ~~tt ; h.',~,':, ~,'t"~;icJ,CY PRINTED [B13,NBj 12-22-2006 (REV.2-051 }2/27/2000 1B: 2<- 805212, 891 THOLLAND INS 'Nes P~GE 01 Ie::: OP ICAP 1--:;;;::: ::;-- MEsQU-l 1~12/.::7/0L_ THIS CERTIFICATE IS ISSUED AS A. MATTER OF INFORMATIIIN ONLY AND CONFER~ NO RIGH'tS UPON THE CEFlTlFICATi HOLDER. THIS CERTI FICA TE DOE2; NOT AMEND, EXTEND 011 ALTER 1HE eOVI::IU.]E AFFORDED BY THE: POLICIES r.ELON. ACORD. CERTIFICATE OF LIABILITY INSURANCE ~uo." U"it:ed Agenc.ies, tno;:, (A} eA Lic~n$~ *0252636 638 LinderQ Canyo~ Rd.,Sbe Oak Park CA ~1~17 pnone: 805-212-4a90 30. Fax: 805-212 -4891 INSURERS AFFORDlNC GOVERAGE I NAIC~_~ ,""u..., Ms3qu_-l.i, Ir.ae, dba: 01ympi'J.lQ Exp!:U"t :~:ildinl] r.RrP, 01~iq.l.e l!'aO<\de Acce85 COl1sultJ.'t'9 f;xper't. 3uildinq Ca... 261~2 E1terpriBEl CQU~t ULke FO~8't CIl. 92l;:1JO ! 'NSl.i~~'" "",'"".so1o :-.....,. ""- ~:---- -~. .----- I'~-' ""-, ~.ur'lt~1) ":u~"'. Adm1~al :nsuranoe Comp.~ !V-,j.ClOtr,-/.J2. t=== COVERAGES _.." ,Ol'''''; "" ""U"'''''''~~ "~IE, J ElElO\'. hm~ *E" ''':;''''~ ,e 1~~ :""J'~'" ,0"" ~"cr.'E f'JR Tri. !'Qll(;~ .!"''1':l '"tNCI\~~. """",'rt1eTAlIOt/Cl MY "'PUI~,~~m. lU'l00.'Xl"'rITtO' C> .......cQorrFlACT OFi.OTH:"DOc~~a" '''''T"''~F'K' TC WH"'HT>l:.C~ICFC',TEW.Y e\-.'~~U~ O~ '..... ".,.,," 'ME IN:;U''''''~. .....",.IJ"" ~nft F'::UCI~ D~% GO> ~E~EIN'~, ,J/U"'" TC "'-'- T.... Tffiu~. EJ<ClJ8lJ~ ~'<Il ~J"V"rlQ",! O. 5ClCo1 ~U A('GFJ::c.'"",- .1""J1;~",,"" ,~""Y"~"~~~RF'J"""~Y"""C Cl"J."'3 rrfEQ.'""U~"'C~ ~F I DeaO )13912 , 09/27/06 'PDl.IC:'\'..~""''''''' IN , ru....l....'""'rr~ ~:~R9JCi , :c''''''''':;;;:'Il""l'IT1:e 09/27.07 I ~'lEwae,[~o""J."",1 ".~ .~,OOO,OOO = , L~~__ : ~ Exol\l:led I ---- .1,000,00') ~ 2. ,000 . OO'~ .-----,------- ~~~~,OOO,OOQ = ,,,,,,,,,,,,..t""'L'C"'~ 11........,.ij ,...,g,..YIWlly I~"-" MI!D"""~,,,",,,,,,,,,, Mli'I ""'C'~ ..'R ,,,,,",0 ""'""'" ".....""~ I'OI.fflE"fEC1I'Ie lMTEjMMlom'l A 1:X 10001'R.&J_UAOk:r'l ~ 'X I ~O"'~R"'Ml',EI<e""l'.IMI~-" ==-J v.AII,'S MADE [!] ,,~<;:.J~ ~....c'" LUVJ .~J~Y ""TO'\o"L-"U"",..,y j---+- QSIo..IW~EG~T~ ~-~ ",N'l'.'~.;<>;:,"'TIl"m,,"".EfJ'f;~ .C.-,CY i,;;; :"lLOC A~IAUn [. . ----- t' -~.'""~ . ~C.Ew_.o'ml~ : ........,~'."'" , ~Ct+()"'~.~..L]rO'; ~""".",,"";y I....OOC;':.") :1 ~- f'IlQf'ER""OA~ 't.".......! AN' I"';~' .~ AUTOO'il.V_i/o.,C(:J~'" .........,.,"....'''L'''' E.O.olCC ~ -.----- .~ B El<r.~.."''"............'.1AIIIutY t--- t ~~" ~ OV'.'"~, I ",0' '004197-01 i '- ::::~ I WCO<<CR:lC<l....~~fI~A~O __OYE;;3" lJAj "rr ""O"CM'~T<J,,1'ARThEl',;<J;<;,IT"" : o.~",."",~",IlER EXClJOl::c' 09/21/06 , ...~OO( ,000 _ 4,OO( ,000 " :; OTH. '" I~'------ .j......,,.......' """'....,.,.,Ovl>lOIS...,.. r- i~ m~" DM<;"'''''~H (;f OF'EfI,O'rn<~ I cc~-,""s IV."'OI." r ""ccU"ClN~.&L\llI;.D 9.V ~"" R-.--r /...(CIA' """""''''''' ThlP. city of Sant... AJ),A, :iota eff.i.cers, <DlIi'~oy"$, agentl!l Ilnd xapil"G.~~...ti~.$ 'i.~'" named ad addi.t;i.Q~..l :i1'll!lurea W1.tn cespec~ t.o the general liab;l,la.'ty ~ u..e aetooc:had for:4 CG 20 33 0-' OIJ. ~lO daYH noLic8 ~f Q~~c~lla~ion shall be 9iv~n {or non-payment of pr~~. l'{..... - I'ORM-~ ,1.\ CERtIFICATE HOLD!R C.AN~ELLATION C!.TYSA3 .,..",",--"","o~m~....o" o~.",,",,' "",-",a ",,_.,c,t>@"""ot;TI'~<'Oll>).lION ""'".....~5IlF.l_EUl8UI!IJI'"""IIe""U...."""'Io'tlR..._,~ 30'" ""I'$~"",",," ~lICIOm_c.EFI11fIC.T&"OCll5R;"_lOT""LVT,'U''''''cUOll!fllOO80~HlLL ~'JOOCi: C3.ty ",1: 5a.nt. ~Clo 2:\"1 r:iv__c CenW:I" Pla.~. Santa hna CA 92702 _fCI011"a,.,TIO~()j\lAAllIJ"'t~"'V""'CU"""'Hn.$IIflVI!.l'_N~llA 1'1JD. Holland 7<:~~i'RL~~; '.. ....._"'.......~~ AU~~'l~."":''''''AlI.. ACORD 25 (2001108) 12/27/200" 10:2~ 8052121891 THOLLAND INS 3VCS PAGE 02/e, COMNIERClAL GENl'RAL UMlIU'I'Y CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE FlEAD IT CAREFULLY. ADDITIONAL INSURED - OWNERS, L.ESSEES OR CONTRACTORS - AUTOMATIC 5T JI.TUS WHEN REQUIRED IN CC)NSTRUCTION AGREEMENT WITH YOU This endersemelll modifies inoul< nee provided under the fol\QWinlf COMMERCIAL GENERAL LIP BIUTY COVERAGE PART A. section II - Who Is An Ins .,.d i5 amended 10 inolude as an additlOl1al insur!d en)' person. or ()r- ganization for whom you 8'" I erforming operations wnan you and suen pelSOn "organlmtion have a9reOO in WItting in a conlra Jt or agreemelll thaI suon person or organization 118 added as an addl- tional insured on your poticy Such pBl'8On or or~ ganization is an additional i lsur~ only with. re- spect to liability for "bod Iy injury". 'ploperIV damage' or "perional OIl'I advertising injury" caused, In whoie Of in part, tr '; 1. your acts or omissions: 01 2. Tn. acts or omiasions 01 those 801ing on your behaff; in the pelformance of your ( ngOlng operatio,," lor the additional insured. A petson's or organization'S ;latus aO an additional insured under this endorse. nenl ends when your operations for thaI addIIiOl",1 insured ere 00lT>- pIoted. ':'. l I;") t '()It M -/% ~ ( J:c. _____. " B. WIth respect to llIe insurance afforded 10 th..e additional insuAds. \he M\OWing a<I<Ii1Ional .xelu- sions apply: ThIs insurance (1oeG not apply 10: 1. 'Bodily inju~r. '\lroperIV damage" or "peraonal and atlvertis;ng injury" .lising 0\1\ of the render- Ing of. or lh., fallura \Q render. any p<<>tes9ionai orchi\ecl\lral, engin....ling or ouNeying ..r. \llces. includ log: a. The prepertng. apprOlliog. or faiting 10 pre P"'" or approve, mape. .hop drawings opinions repoo1B. SUNays. lieId orde", ch8nge orders or draw;ngs and specifies-. liOns; or b. SUl"'lVit<>ry. inepeolion. architeclural O' enginee ing .oIivities. 2. "Bodily injtJ 'Y" or 'plOperIV damage' oec:urril'll after. a. All WOIk. including malTfrials. parts ,r equipm,nl furnished in connectlon wIl, auon w,>r1<, on \he project (other than so'" vice. !falntsnance or ",peiO;) \0 be 1'8- formed by or on behl!l\f of the I!Iddrtion~1 il:- oured(sl at lhe location of \lie cove" a operlrtinns has been completed: or b. ~ P"rtIon of ''yout wort" out of which tt 8 injury or damage alises has been pullo Is inlended uae l1y any pe!$On or organizaticn gthwf tt~n another contractor or 8ubcontr8 >- tor en, aged In performing oporatlons for · prinal'll as 8 pert 01 the aame project. CG 20 33 07 Q4 0150 Properties. Inc.. 2004 Page 1 cf 1 ] 7-", .."" -/f ( . r~, I ,. .1 :2) CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS , , ' TO: CLERK OF THE COUNCIL OFFICE r FROM: DEPT: t1 ti-A-I'tct CONTACT PERSON: M. G,l-ll Z2..f MAIL STOP: Mlt SOo'/? EXT.: THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (il amendment): A I N AMENDMENT NUMBER (il applicable): COUNCIL APPROVAL DATE: AMOUNT: 0 OVER $10,000 ~ UNDER $10,000 NAME OF CONSULTANT: ()L'f t''If'I~vf mC;Ao:l't: AC&0?s CoNSJt-Ttt.{'l TERM OF AGREEMENT: EFFECTIVE DATE: ~ 1<' lc't>b TERMINATION DATE: bE,e-' z tDo:J- o 1ST o 2ND o 3RD o INSURANCE REQUIRED: 0 NO ~ YES II yes, f ATTACHED 0 IN PROGRESS o AUTO )if CGL (Commercial General Liability) p:r. PROFESSIONAL LIABILITY ~ WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: o VENDOR o CITY ATTORNEY o o AGENCY (UNDER $10,000) OTHER COMMENTS: OFFICE USE ONLY: PROCESS o DO NOT PROCESS o MISSING SIGNATURES D NEEDS COUNCIL APPROVAL D OTHER ADDITIONAL REMARKS: /1/, rl ()06 - /'?.<:.