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INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
/~- 0/-07
CLERK OF COUNCIL
Of.,TiSEP 2 0 2007
N-2007 -107
CONSULT ANT AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of August, 2007 by and
between Boyle Engineering Corporation, 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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
civil engineering to prepare contract documents.
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 provide a structural assessment and recommendations for repair of the
City parking garage located at 300 E. Fifth Street.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under the Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, the Consultant agrees for itself and its affected officers, employees, agents,
contractors, and volunteer workers, that (a) such material may not be copyrighted without prior
review from the City, and (b) the authors of all such material, whether copyrighted or not, award
to the City, and to its officers, agents and employees acting within the scope of their official
duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable
license throughout the world for governmental purposes to disclose, publish, translate,
reproduce, and use such materials.
,
3. COMPENSA TION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a
flat fee of $7,000.00, which shall include all services and costs.
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.
4. TERM
This Agreement shall commence on the date first written above and terminate delivery of
the assessment, 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 and the City
Attorney.
5. 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.
6. 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. Due to the nature of the services provided, commercial general liability insurance is
not required.
b. 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.
c. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
2
d. 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.
e. 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 indemnity the City for any work performed prior to approval
of insurance by the City.
7. 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 indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnity, hold
harmless, and pay all costs for the defense ofthe City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis 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.
8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
3
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
9. 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.
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 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 Public Works
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
Attn: Souri Amirani
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
4
To Consultant:
Boyle Engineering Corporation
Ed Kouzi
150 I Quail Street
Newport Beach, California 92660
Telefacsimile 949-721-7141
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail, any
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 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.
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, 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.
12 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.
13. 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:
5
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.
14. 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.
15. JURISDICTION - 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 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.
16. PROFESSIONAL LICENSES
Consultant shall, throughout the term ofthis 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 its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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 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 iffully set
forth in the body of this Agreement.
II
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
~f
. . - '-
rDAVIDN.RE'
City Manager
.D.ti~~fk
,~I" ~RICIA PHEAL Y
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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By. ., / ,;~ /-,,/~t.-t,
La a Sheedy
Assistant City Attorney
BOYLE ENGINEERING CORPORATION
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Tax ID# q,s-- /735' y rCj
7
ACORDTM CERTIFICAT..._ OF LIABILITY INSURJ JCE I DATE (MM/DDIYY)
12/11/06
PRODU(.ER A- :<00-5 -OBS- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
A -;La 05 -0 ~ -0 I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550 tv..- C;()6? -( () 7
714427-6810 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Hartford Fire Ins. Co.
Boyle Engineering Corporation INSURER B: Travelers Indemnity Co. of Connectic
1501 Quail Street INSURER c: XL Specialty Insurance Co.
Newport Beach, CA 92660-2726 INSURER D: Travelers Property Casualty Co of Am
I INSURER E:
Client#. 5155
BOYLEENGI
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r~~: TYPE OF INSURANCE POLICY NUMBER Pgklfl(~~5~T-'X~ P%~lf.r (~JJ~M\N LIMITS
A ~NERAL LIABILITY 57CESSS9265 12/31/06 12/31/07 EACH OCCURRENCE $1.000.000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $1 000 000
I CLAIMS MADE [iJ OCCUR INDP. CONTRACTORS MED EXP (Anyone person) $10000
-X CONTRACTUAL INCLUDED PERSONAL & ADV INJURY $1 000 000
X BFPD, XCU GENERAL AGGREGATE $2 000 000
~'L AGGRErilE L1M IT APrilS PER: PRODUCTS .COMP/OP AGG $2 000 000
POLICY X ~~,9T X LOC
D ~TOMOBILE LIABILITY P8109505B790TIL06 12/31/06 12/31/07 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
f-- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
=:lOCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND PEUB9505B7906 12/31/06 12/31/07 X ITV;;%~T{U,'?!:: I TOJ);!'
CM::"LOYERS' LiASILliY - ---.
E.L. EACH ACCIDENT $1,000 000
E.L. DISEASE - EA EMPL OYEE $1,000,000
E.L. DISEASE . POLICY LIMIT $1.000 000
C OTHER Professional DPR9600829 12/31/06 12/31/07 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional 'b -j
services ,.' _ .1 :)
Re: As-needed basis for various pubic works projects l ~i'7/P
See attached Additional Insured Endorsement as respects to General
(See Attached Descriptions)
CERTIFICATE HOLDER I I AD 0 mONAL INSURED' INSURER LETTER: CANCELLATION Ton n",v - -
-
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION
City of Santa Ana .. DATE THEREOF. THE ISSUING INSURER WI~X. TO MAIL 30-.. DAYS WRITTEN
)
AUn: Clerk of the City Council NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFTJCKO~k
20 Civic Center Plaza (M30) ~lQ(K-JlItXU~K~~Jl.lllJJOOQ8(
Santa Ana, CA 92702 lAenUllK~U--
A~~~ZED REPRE2TATIVE IJ
I ,^. ..
-If ,,, ""\ _
ACORD 25-S (7/97)1 of 2
#M180121
RLL
@ ACORD CORPORATION 1988
Liability.
(AI-SPECIAL FORMIX)
'-pl;J5c(3)
AMS 25.3 (07/97) 2
of2
#M180121
,te: 1/12/2007 Time: 1:03 PM To: Christina Sundstrom @ 17146475635
1-510-452-2193 Page: 004
I)DDttIONALIN$L~D mmOR~MENT
FOR~O~RCIA.LQENE!AL L1~U.lTYPQLIGY
InSU1'a!lce COInpany . Ha\tlqrtj r:irelnSllp~.r.ceC~mp:any.
This Q,D.dotsem,ellt'motUfies sUch intlur~(;le ai i~!1ffQ:nleQ by t;l1e prcivi$i(ln~ Qf Poliey
#$7CESSS~265 _ .. . ~is;tingtothe; fQl1o\"vil1g:
... ... ."... ..
1. . tlieCity Qf SI\Il~ Ana, ZO Civi~ CfJ1ter P]az~, Santa Ano..California92101; its
of!'i.~ers,em.ployet;stagents,'YQhUl.tem 1md ,r~p1'.$en~va$ uenamed u additiolla.l ms~-eds
C'additionalinsurf!d$'i) with regard tQ llabifity anddofense QfSllits311sins.; frot't1theop~at!ons
andUS8Spetrormedbyor on behalf oftb~ natn9dimlu,ed.
2. Wlth respect to olalln$ad~lllg Qut l;Jfthi! ()pcr~liYr~ aJlQ Ul!v~ p"Soln.ed b) ~~ (>~l
beba1f of the ll~~_e(l,such insutance as is afforaed byt~sPQ1ic.y ispriri1aryand is not
additional to or contti'buti11g wit.l1l!J1yoth~ in&uraJ1cec1m'i~d by or for the be,n.~tit oftb,~
additioI'.al in&uiedS, . .
3. 'l'hisinsurance appli~s9ep\Wa~ty,to e~h insured agaulSt \\Thorn clailn is made Qr
sqitjJbTQughtex~eptW:ith~$p~ttotl:1~:,cQmpa.n.1s Iimits:of1i$ility. The mclusion OfiinY
perso.n orp:llamzati4U lta'a,n ~$ut(Jd''8ha.11 not. affect an)lrlghtwhi(lbs'li$h~rs{)n ororg;anization
would ha:v~a,s aclai~Hf 1lg! ioincl~detl
. 4,.. Wj~ i!~~tto t~ j1ddi#Q11~il1B~df.I' t11is ii1~\lranoesh411 Mtbe ~.8J:1\;elled,*
1'11li?l'i,allyr~~~itt ~ev~!;~ ~Miffli.except after thirty (3(1) d~yg.Writt~n tloQ:c.e has be@ ,
giv~I1 to.. R\e City of Santa Ai~ 20 Ci",~cCenter :Pjata,SatttaAt1a, CaUfomia:9270 L. I
*Exoeptfot t~nday notice forr1Qri-p~Yl11etltPrpremium
(Co,ntpletionofthefoUtJwmg. inoludingccuntet'~igl'ln~e, i!i req~ir~a to P}akcthis eudorliement
effective.)
Bf1(!edv~12/31/o6 . . _, this ~dp1'3enlent fOfin M a part of
P()li~y# S7C5-Sii"~~~ . . . , . . '--'-
15$u-ed to ..l1ti~j~PFn'[Jin"~~il')or:Qrp~l'atip!"l. . .,'~ . ... ..... .. ..... ...........-...
Nan1ed Insured
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Cottu~igned by
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AutherizedRepte$~n~fltive
f%3),?
AmRD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DOIYY)
12/14/07
PRODUCER ~-;;lool-lol-ol THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 10550 N - ;;1.001- (01 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714427-6810 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Travelers Property Casualty Co of Am
Boyle Engineering Corporation INSURER B' Phoenix Insurance Company
1501 Quail Street INSURER c: XL Specialty Insurance Co.
Newport Beach, CA 92660-2726 INSURER 0:
INSURER E:
Client#. 5155
BOYLEENGI
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N~: I TYPE OF INSURANCE POL.ICY NUMBER POLICY EFFECTIVE P~~~ll~XMPJ~W\N LIMITS
A i GENERAL L1ABIUTY 6608264L582 !12/31/07 12/31/08 EACH OCCURRENCE $1 000 000
iil COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1 000 000
I CLAIMS MADE [iJ OCCUR INDP. CONTRACTORS MED EXP (Anyone person) .5000
~ CONTRACTUAL INCLUDED PERSONAl & ADY INJURY $1 000000
~BFPD, XCU GENERAL AGGREGATE $2 000 000
~'L AGGRErillLIM IT APf~f IPER: PRODUCTS -COMP/OP AGG $2 000 000
POLICY X ~r-RT X LOC
A ~TOMOBILE LIABIUTY 8109505B790 12/31/07 12/31/08 i COMBINED SINGLE LIMIT
~ ANY AUTO ! (Eaaccident) '1,000,000
'- ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) 1$
tt HIRED AUTOS BODILY INJURY
(Per accident) .
NON-OWNED AUTOS
~ PROPERTY DAMAGE $
(Per accident)
~~GE LIABILITY AUTO ONLY - EA ACCIDENT .
ANY AUTO OTHER THAN EAACC .
i AUTO ONLY:
AGG $
EXCESS LIABILITY ! EACH OCCURRENCE $
-:J~OCCUR D CLAIMS MADE AGGREGATE $
i.
=1 ~EDueTIBLE .
RETENTION . $
B WORKERS COMPENSATION AND UB9505B790 12/31/07 12/31/08 X ; we STATU- I 10J~-
I EMPLOYERS' LIABilITY I ~ACH ACCIQENT $1.000,l!ll_'1-___~
\ EL DISEASE EA EMPLOYEE .1,000,000
EL DISEASE - POLICY LIMIT $1,000,000
C OTHER Professional DPR9609361 12/31/07 12/31/08 $1,000,000 per claim
lability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCATIONSNEHlClESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability polley excludes claims arising out of the performance of professional
services
Re: As-needed basis for various pubic works projects
See attached Additional Insured Endorsement as respects to General
(See Attached Descriptions)
CERTIFICATE HOLDER I I ADDmONALINSURED'INSURERLETTER: CANCELLATION TAn n~u Nntl"A u
-
SHOULD ANYOFTHEABOVE DESCRIBED POUCIESBECANCELLED BEFORE THE EXPIRAllON
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WI~ TOMAlL30-DAYSWRmEN
Attn: Clerk of the City Council NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT.-.a_'W"W;)uOl"}~l_K
20 Civic Center Plaza (M30) JIIIl'll ~n~x.na:.J[ ..........oA.QA{
Santa Ana, CA 92702
I :!!iiiD REPRE2~ATIVE
ACORD 25-S (7197) 1 of 2
#M213105
RLL
Ii) ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
Liability.
(AI-SPECIAL FORM/X)
AMS 25.3 (07/97) 2 of 2
#M213105
COMMERCIA.L GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE REA.D IT CAREFULLY
BLANKET ADDiTIONAL INSURED
(CONTRACTORS)
This endorsement mod\ffes insurance provided under the following:
COMMERCIAL GENERAL LIABiLITY COVERAGE PART
1, WHO IS AN iNSURED - (Section in is amended
to include any person or organimtion that you
agree in a "written contract reqUiring insurance"
to inolude as an additional insured cn 'this Cover-
-age Part,but:
al Only with respe1i! to Iiabiilty lor "bOlll\y injury",
"property damagJ!' or "personal injurY"; and
b) If, aoo only to the ement that, the injury or
damage is Ci!used by aets or omi$Sions of
you or your sLlbOontractQr in ti1e performance
of "your work' to whieh '\he "wtitlen c'Ontract
rel1uirinll insurance" a!ll'ilie$. The person or
organi7Btion does not quaitry' as art additlonal
insured Withrespellt to the independent aols
or omissions of $ueTI person or organization.
2. The insurance pl'G'lldad to tllleaddltlonal insured
by tfiis endsrsement is IllTiiteril as_lmllGWs:
a) In the avent thst the I.imlts of Insumnae of
this C:o,verage P.al'l shown in 'the Declarations
e1Wlletl the limils of li$pillty l1l!!luiriifd llY the
"wri\t~ OOl1traOt rellluirillg ili$UranQe", 'the in-
suJ1anfiepl'1!AAflIed to 'thellllliilitlCTlal il1$llred
shalibe 1imlted io thelilTiits. of ii$bitl\y re-
qUll'~ t.ly that "written oOhtraQi req\iiting in-
surarrQe" . Ttlis eni!lorsemell't Shall npt in-
OI'ease. the iiml~ of in&Ut$l'ille l!lesor1bed in
Section tit ~ Umits ()f InslJranae.
b) TheinsutanGll prGvided to the additif;lnal in-
suredi!lBes 1'Ii:l1apP\)' to "'llodily injurf, "prop-
e.l'\y demaile" or "1)er$nai irUlJfY" arising out
of the renfllerii1g of, orfl!lilure t6 ranller, anY
prti1essioMI arChitectural, e.rrgineering or sur-
veyil\1l SBrv:ioee, inollldihg:
i. tne prepaiing, aPll.rClviI19, Dr failing to
pr~are or aRl3rove, map.s, shlilp draw-
1119$, opinions, reports, surveys, fil!ltl or-
ders or change artlers, or Inll prllllBring,
approv-ing, or faiiing to prepare oral'-
prolle, drawin_gs and specifloations; and
ii. Supervisary, inspeotion, archlteotural or
engineering activities.
0) The insuranoe provided to the additionai in-
sured does not apply to 'bodily injury" or
"property damage" oaused by "your work'
and incllJded in the 'prodllcts--completed op-
erations hal!ard" unless tne "written contract
requiring in'suranoe" specifically requires you
to prm/lde sueh coverege fQr that additional
if1su-red, and then tI:re. insuranCe prrniitlBd to
the additionai insured applies oniy to stich
"b0d\!v injury''' or "property damage' that oc-
curs before the end of the p.eriod of time for
which the "written contract requiring insur-
ance" requir'€s you to J;lrovide such coverage
or tfie enti of the policy period, whicnever is
earlier.
3. The insorarrce provider! to the addltional insured
by tnis emdl!l~ment isexeess over any valid and
cOllecltt\le ''ntherlnsurarnoe", whether primary,
exces~, contln:geTlt or on any other basis, that is
available to the ath:litiol1al insUred for a ioss we
caver unller this endClrs.ement. H0Weller, If the
"written al!lntraet rell1.iirmg insuranoe" specifICally
requlres that this insurance Ill<plY on a piimary
basis or a primary and nOM:lontribUtory basis,
tnis in$uran~ is primary to "other insurance"
available to tile addltionai InsUl1l!d which oovers
that person Dr organizaticm as a named insured
for suCh lass, anti we will not share With that
"other insuranee". B_ut the JnSuranfie pmviiiled to
the additionai insured bY this endorsemen1 stili is
elroess over any valid anei collectible "other In-
suranQfi", whether primary., eJroess, -contingent or
on Bny other basis, that Is available to tne addi-
timnai insured when that persOl1 or ol'!lanization is
an additilmai Insured urll!iler suCh "other insur-
ancet',
4. As a condition of coverage provided to the
adtlitionai insur_ed by tfiis endorsement:
a) The additional insurer! must give us written
notiae as soon as practicable of an ''occur-
rence" or an offense which may result in a
oiaim. To the enent possible, such notice
ShoUid inciude:
CG 02 46 08 05
@ 2005 The St. Paul Travelers Oompanies, Inc.
Page 1 of 2
COMMERCIAL GENERAL LIABiLITY
i. How, \lithen and where the 'occurrence'
or offeTlse tee~ place;
ii. The name$ and alildresses o~ any injured
flefSons and wi!nesses; and
iii. The nat4\re and ~ocation of eny injury or
$rn"ge alisinQ out of the 'eccum>nce' or
Glfense.
bl If a claim ~s m\3de or 'suit' is I:lrolight against
the additional insured" the ad1!lltlonaJ insured
muSt:
i. Immediately ret:Cl'd the s,pelllflCS of the
olaim or"sult' and the date received; and
U. Notify us as soon as praotiCllb1e.
The additional insured must see to It that we
receive wRlten notiDe o~ the Claim or "suit' as
Sl)OI'\ as practicable.
0) The a:tldit~nalinsured must Immediately
senti US cO]ilies t:i'f an legal PllP:ers received in
connection wlth the cllaim or "suit', cooperate
with us In the investigation or settlement of
the claim cr defense i!lgainst the "suit", and
othelWise oom)ilW with atl pclley conditiol'lS.
d) The _ltionai insu:red must lenCler the de-
fense al'\d indemnity of any claim or "suit" to
any pro'lil:ler of "Qther Insuranoe" which would
cover the additional insured tor e loss we
caver un~r t!\lis endlllrsernent. However, this
condilion dllleis not affect whether the insur-
l!lI'lDe prlilJiittetl te the adt:lllionei il'lsured by
ttiis endm'semelit is primary to 'tlttietil'lsur-
ance"evafiable te 1he a~nal insured
whiilh C!l'V6f6 that pSl'SDfl or organiz.a!inn as a
namedinsure:ilas described in paragraph 3.
abll1i/e.
5. The fQllowi1l\gdefinition is adcled to SECTION V.
- DEFfNITICNS:
"written contract requiring insurance" means
ttiat part.ljf any written contract or agreement
under Which you are required to include a
person ar organization as an additional in-
sureCl on this Ooveralle Part, provlCled that
the "\:llldily lrjjury" aTld "pra{le(\y Clamage' oc-
ours BriG the "personal injury" i$ oaused by an
offense commltteQ\:
a. Aftar the signinganCl execution of the
oontract orallrsemen\ by \,ou;
b. While that part of the contract m
agreement is in effeot; end
c. Baiera the end cfthe policy period.
Page 2 of 2
@ 2005 The SI. Paul Travelers Campanies, Inc.
CGD2 46 08 05
BOYLE ENGINEERING CORPORA r/ON
1501 Quail Street
Newport Beach, CA 92660
To:
David Patton
CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
We are sending you:
D Shop Drawings
D Specifications
Other: Agreement
Copies Date No.
3
(714) 647-5631
D Prints
D Copy of Letter
TEL (949) 476-3300
FAX (949) 721-7482
LETTER OF TRANSMITTAL
From:
Allen J. Randall, PE
Subject:
Consultant Agreement
D Plans
D Copy of Report
September 13, 2007
D Tracings
D Change Order
Description
Signed Consultant Agreement for Structural Assessment of City Parking
Garage at 300 East Fifth Street
These are transmitted as checked below:
D For Your Approval D Review Completed
D For Your Use D Resubmittal not Required
[8J As Requested D Returned for Corrections
D For Review and Comment
Other:
Comments:
Please return one fully executed agreement for our files.
OOI97.00-251l/gjdrrRANSMITTAL TO DAVID PATTON 09-13-07.DOC
D Resubmit
D Submit
D Return
Copies To
Copies for Distribution
Corrected Prints
BClVLE
..
~
.
ACORDu
N I
CERTlFICATE OF LIABILI!y INSURANCE : ~1~:;""'1
n. CERTlF1CllTE is I$$UEO AS A MATTER Of lfiIfORMAT1t1ti
OtllL Y MiO COINI'r.RS t<<) RlGffiS UPOM THE CIiStTIFlCAn
tfOUlEfl THIS CERTlI'teAn: COES NOT AMEND. EX'Tl:NO OR
ALTeR THE COVERAGE ""FORDED 8\' nta POt.ICIES BEipW.
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Rl.L
.. ACQIU) CORPORATION ,.
City of S,ntll Ana
A<<n; CIerti,of'" City Council
20 CMcl C..-, fltflZlllM3O)
SlIl1t1I AM, CA 92702
..-
ACOftl) 2S-$11....7I1 of 2
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