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HomeMy WebLinkAboutKEN THOMPSON, INC. 2City of Santa Ana Clerk of the Cc icil AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with MH RGIV — 2 P11 3- 414 i i 'a' .� 11k MA No. A-2008-215 was completed on and final payment has been made. Department: PW A W 4 Phone/Eat.: 3 Z 79 Signature: Date: � /k/z";,a Revised 07-23-07 INSURANCE ON FILE WORK MAY PROCEED A-2008-215 UNTIL INSURANCE EXPIRES _0 CLERK OF COUNCIL 1%TF_ 2 2008 ON -CALL AGREEMENT AU GTHIS AGREEMENT made and entered into this / 8 day of August 2008 by and between KEN THOMPSON, INC., a California corporation (hereinafter "Contractor") 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 of Santa Ana's Public Works Agency Water Resources (City), provides water and sewer services to persons and property located both within and beyond the boundaries of City. B. From time to time City requires the services of independent contractors to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. C. City desires to expedite securing services of contractors to provide personnel, materials, tools, and/or equipment to assist City during such emergencies (collectively, Services). D. Contractor represents that Contractor is able and willing to provide such services to the City. E. City and Contractor previously entered into similar agreement for on -call emergency services on August 20, 2003 and wish to renew that relationship as indicated herein. F. In,undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. G. The public interest, welfare and economy will be served by this Agreement. 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 1. REQUEST FOR WORK Upon notice from the Executive Director of Public Works or his designee that an emergency exists and upon being requested to provide Services under this Agreement, Contractor shall promptly determine, in his sole discretion, and promptly notify City whether Contractor is willing and able to provide the Services requested by City. If the Contractor is able and willing to provide the Services, Contractor shall so notify City and shall immediately commence performance of the Services and diligently perform such utility repair work as the Executive Director or his designee directs. Contractor shall continue to furnish all tools, equipment, apparatus, facilities, labor, services and transportation necessary to complete the Services. 2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY CONTRACTOR a. The term of this Agreement shall begin upon execution of this Agreement and shall expire at the conclusion of three (3) years with an option to renew for another two (2) years exercisable by the City Manager. b. Contractor shall provide Services to assist City in natural or manmade emergency situations when City has an insufficient number of personnel and/or insufficient materials and/or equipment required to take action necessary on an expedited basis to prevent a system outage, to expeditiously restore service to normal operating conditions and/or to maintain service during such emergencies. Contractor shall provide personnel, materials, tools, and/or equipment to assist City during such emergencies. C. Contractor shall, within ten (10) days of execution of Agreement, designate an Authorized Representative and one alternate who shall have authority to act on behalf of Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide City with the information required on Exhibit A (Contact List). 3. CESSATION OF WORK City may, at any time, declare that there is no further need for Contractor's services in connection with a particular emergency, in which event Contractor shall cease work promptly upon notification to do so, but in no event later than twenty four (24) hours after notification. Contractor shall take any actions to secure the work prior to terminating the work. Any cessation of work ordered by City shall not terminate this Agreement, as City may require Contractor's further assistance in other emergencies. 4. NON EXCLUSIVE AGREEMENT Contractor acknowledges that City may enter into agreements similar to this Agreement with other contractors. City does not promise or guarantee that Contractor's services will be called upon at any time or at all. 2 5. RESPONSIBILITES OF CITY a. Documents. City will, upon request, provide Contractor with copies of existing drawings, maps, and other existing information relevant to the Services to be performed as may be readily available to City. b. Authorized Representative. The Executive Director or his designee shall serve as City Authorized Representative to coordinate, oversee and approve the Services provided by the Contractor. The Executive Director or his designee is authorized to give and receive any notices required herein and to terminate this Agreement as provided herein. C. Research of City Records. City will assist Contractor in researching the Department's record data pertaining to City facilities. d. Review of Contractor's Work Product. City will review the Services provided by Contractor and comment as appropriate. 6. COMPENSATION AND PAYMENT a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $130,000.00 during the term of this Agreement. b. At any time, Contractor may propose changes to the rates and charges in Exhibit B by giving City forty five (45) days prior written notice of the proposed rates. The existing rates and charges shall remain effective for any work requested by City prior to City receipt of notice of the proposed rates. No increase in rates and charges shall be effective until and unless made in writing executed by the Executive Director of the Public Works Agency and the City Attorney. C. 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. d. Contractor shall submit to City on a monthly basis an accurate accounting of the Services performed by Contractor and a progress report showing the status of completion of the work and related expenditures. e. Contractor agrees to submit to City on a monthly basis a listing of the actual expenses incurred in each item of work. Said submittal will also include the forecasted cost for each item for the upcoming month. 3 7. FISCAL RECORDS AND AUDIT Contractor shall use recognized accounting methods in preparing such invoices and reports. City reserves the right to designate its own employee representative(s) or its contracted representatives with a certified public accounting firm who shall have the right to audit Contractor's accounting procedures and internal controls of Contractor's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If Contractor fails to provide supporting documentation for any costs charged City to City's satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years, or longer if required by law, following the date of final payment under this Agreement. Contractor agrees to retain all necessary records/documentation for the entire length of this audit period. Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor's invoices and/or records shall be made within thirty (30) days from presentation of City's findings to Contractor. If Contractor fails to make such payment, Contractor agrees to pay interest, accruing monthly, at a rate often percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Contractor reimburses City for any exception(s). If an audit inspection or examination in accordance with this article discloses overcharges (of any nature) by Contractor to City in excess of one percent (1%) of the value of that portion of the contract that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor. Contractor reserves the right to contest any exception. 8. PROFESSIONAL PRACTICES All services to be provided pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional contractors in similar circumstances in accordance with sound professional practices. Contractor's engineering services will be furnished in accordance with generally accepted professional engineering practice and principles and under the supervision of professional engineers licensed in the State of California Contractor assumes responsibility for any and all negligence, errors or omissions that Contractor commits and any and all such negligence, errors or omissions committed by a subcontractor of Contractor in performance of this Agreement. All equipment and/or materials supplied pursuant to this Agreement shall be merchantable and fit for the intended purpose and shall be free from defects in design, workmanship, and/or materials. Contractor shall provide clear title to all materials supplied hereunder free and clear of all encumbrances. M 9. BREACH OF AGREEMENT Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of Agreement by Contractor, and City may withhold any payment to Contractor for the purpose of set-off until such time as the exact amount of damages due City from Contractor is determined. In addition, City may pursue all remedies available for breach of this Agreement. The waiver by either party of any breach to this Agreement shall not constitute a waiver as to any succeeding breach. 10. COMPLIANCE WITH LAWS In the performance of this Agreement, Contractor shall abide by and conform to (and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to) any and all applicable laws, statutes, safety rules, and practices of the United States, the State of California, the Charter and Ordinances of the City of Santa Ana, and any other local laws (Laws and Practices). Further, Contractor warrants that all work done under this Agreement shall be in strict compliance with such Laws and Practices, including, but not limited to, Cal/OSHA regulations. City or it Authorized Representative reserves the right to enter the work site to make reasonable inspections, to monitor compliance with such Laws and Practices, and with the terms of this Agreement. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City, its engineer or representatives, to all parts of the work and associated jobs. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to City of its readiness for inspection and without approval thereof, or consent thereto by the City. City also reserves the following rights under this Agreement: a. If City Authorized Representative identifies a noncompliance situation, the Authorized Representative may inform Contractor of same and require that the situation be promptly rectified to the satisfaction of City's Authorized Representative. b. If City Authorized Representative identifies a Noncompliance situation, which in the opinion of the Authorized Representative, constitutes an immediate potential for bodily harm, danger of serious bodily harm or death, or significant property damage, the Authorized Representative may contact Contractor's Authorized Representative and recommend that work be stopped until the situation is rectified to the satisfaction of City's Authorized Representative. The election of City not to exercise its rights under sub -paragraphs a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement. Additionally, the election of City to exercise its rights under subparagraph a through b above shall impose no liability on City, nor shall it relieve Contractor of any of its duties or obligations under the terms of this Agreement, provided that City acted in good faith in the exercise of such rights. 5 The Contractor shall dispose of all materials used in conjunction with the performance of this Agreement in strict compliance with all local, state and federal environmental and/or waste management rules, regulations, laws, statutes and practices. 11. NO THIRD PARTY RIGHTS The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions. 12. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 13. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor 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 Contractor'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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. C 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, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than 1,000,000 per accident. d. If Contractor 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. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor 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 Contractor 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 affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 14. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) 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 Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim for personal injury, damages, just compensation, restitution, judicial or equitable relief due by reason of the terms of or effects arising from this Agreement. This 7 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. 15. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 16. CONFLICT OF INTEREST CLAUSE Contractor 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. 17. 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 EV With courtesy copies to: and, Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (1\421) P.O. Box 1988 Santa Ana, CA 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M 29) P.O. Box 1988 Santa Ana, CA 92702 Telefacsimile (714) 647-6515 To Contractor: Ken Thompson, Inc. P.O. Box 77640 Corona, CA 92877 0121 Te 1 efacsimi 1 e (909) 284- 2442 Attn: Mr. Ken Thompson 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 tlefacsimile, 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. 18. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 so and conditions hereof, shall not bind or obligate Contractor or 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 19. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 20. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of Termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor 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 Contractor 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 21. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 22. 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 10 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. 23. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 24. MISCELLANEOUS PROVIS l ONS a. Each undersigned represents and warrants by its signature herein below that they have 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: PATRICIA E. HEA Clerk of Council. APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: , se`Sando al Assistant City Attorney CITY OF SANT ANA '--Law David N. ReamKJ City Manager 11 APPROVED AS TO CONTENT: J. 3 G. ROSS ive Director, Works Agency CONTRACTOR Ken Thompson, Inc. -X�� . KEN THOMPSON 545-75-5798 Employer ID# or Individual SS# 12 July 16, 2008 CITY OF SANTA ANA 220 S. Daisy Ave., M-85 P.O.-Box 1988 Santa Ana, CA 92702 Attn: Mr. Thom Coughran Water Resources Manager Re: Labor and Equipment Rates Description LABOR RATES Two Man Crew Three Man Crew Four Man Crew Additional Man Additional Operator Two Man Crew (OT) Three Man Crew (OT) Four Man Crew (OT) Additional Man (OT) Additional Operator (OT) EQUIPMENT RATES CAT 446 416, 426, 428, 436 Backhoe Delivery Truck CAT 325 Excavator, or equal Linkbelt RT Crane Kawasaki 80Z, 65Z Loader Vacmaster Pothole Truck Lowbed Lowside End Dump Ten Wheel Dump Bob tail Dump Truck VVater Truck Asphalt Roller Skiploader Concrete Saw 8' x 20' Shield (Daily) 4' x 20' Shield (Daily) Light Plant (Daily) Arrow Board (Daily) Compaction Wheel (Daily) Addco Message Board (Daily) MATERIAL Material at Cost plus 15% Dump Fees at Cost plus 15% Rates $ 120.00 $ 176.02 '$ 236.35 $ 58.77 $ 64.29 $ 151.53 $ 235.11 $ 303.99 $ 74.98 $ 82.04 $ 127.61 $ 47.38 $ 205.72 $ 192.71 $ 130.21 $ 130.00 $ 130.83 $ 109.01 $ 101.51 $ 86.84 $ 75.90 $ 136.00 $ 98.61 $ 142.10 $ 150.00 $ 125.00 $ 233.94 $ 170.13 $ 248.46 $ 304.34 To: City of Santa Ana From: Laura Baron 6-30-08 10:50am p. 2 of 6 Ili,tiooC-g � b� ACORD,M CERTIFICATE OF LIABILITY INSURANCE DATE/0/2008 IYYYV) PRODUCER Garrett/Mosier/Griffith/Sistrunk Ins. Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 12 Truman ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Irvine, CA 92620 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (949)559-6700 A-2008-215 www garrett-mosier.com OB84519 INSURERS AFFORDING COVERAGE NAIC # INSURED Ken Thompson, Inc. INSURER A Old Republic General Insurance Corp JSURER e. ----------- r1785 Sampson Avenue asuaER _ — -- Corona, CA 92879 1 NS-JRER. E MVFRAnFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR OO L POLICY NUMBER POLICY EFFEG7IYE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY EA HOCCURRENCE $ 1,000,000 GENERALL,A_RL1-- AlCG89970800 2/13/2008 2/13/2009 '�p,RA" sEsfEaoccuren� $ 300,000 ^LpJMS MArCE r ^r,q MEN Exp (Any one pe-san) $ 10,000 PERSONAL &A J_PY 1,000,000 GENERAL EGATE $ 2,000,000 Al R .ATE L MI .I ES PER F C 1_ _l, _ M a,_ O 2,000,000 ! /4 PR, o�l,,: A AUTOMOBILE LIVABILITY a^r A T A1CA89970800 2/13/2008 2/13l2009 1111f ED81 n - _IM7 a Ide r 1,000 000 Ai C VkN, C AI;-C S �—{ h'E R $ fFe ':UHF LLED :;LTOS � � person)on) i 6:. 1 hJ JliRv $ iIRED AL O5 II i PJCN r 'ED AUTOS (FP a Idant) FERTYD�AMA;=F ;Fer acaderti I $ GARAGE LIABILITY �. AJ J,NC==-EA ACr'CE'1l I$ $ i fUdY AUTO ' � THAN =AACC EXC ESSIUMBRELL LIABILITY EACH OCCJRRENCE $ h IF �A � C'..AiMo[r`ADE I, _rgTE �3 I I I RE-ENT:O:V $ $ WORKERS COMPENSATION AND Y �TATU I0-H- T qJ LIfJ4 SI FA 1 A EMPLOYERS' LIABILITY Al CW89970800 6/30/2008 6/30/2009 1,000,000 IA a�_ AJN Di -.FACE_ AEMFLOIEE:� q 1,000000 OFF RI9 t.'8ERE CLJDEE? Ifys d s belria YE-L EASE-P__iCvJMI` E� g $1,000,000 RPE 4 PR._ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS t VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Raitt/McFadden Sanitary Sewer Improvements The City of Santa Ana, its Officers. Employees, Agents, Volunteers and Representatives Additional Insured are added as per CG20100704 and CG20370704 and this insurance Is primary per CGENGN00290906 attached, with respect to work perform for them by Ken Thompson, Inc. under General Liability coverage. As General Liability respects coverage, Severability of Interest clause is included, per CG00011204 attached. n�Ir-wn�c nvcvcr` V.ANLrCLLA 1 IVN Raitt/McFadden Sandary Sewer Improvements SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3C DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 Civic Center Plaza REPRESENTATIVES. 10 Days for Non -Payment of Premium Santa Ana CA 92701 AUTMORIZEDREPRESENTATIVE John Garrett AL.UKU 25 (ZOU11UH) © ACORD CORPORATION 1988 on To: City of Santa Ana Fro 6-30-08 10:50am p. 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon To: City of Santa Ana From: Laura Baron 6-30-08 10:50am p. 4 of 6 Ken Thompson, Inc. POLICY NUMBER: AlCG89970800 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): I Locationfs) Of Covered Ooerations WHERE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 To: City of Santa .Ana From: Laura Baron 6-30-08 10:50am p. 5 of 6 POLICY NYMRFR: AlCG89970800 en I nompson, Inc. COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location And Description Of Completed Operations Where required by written contract, but only when coverages for Completed Operations is specifically required by that contract Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to in- at the location designated and described in the clude as an additional insured the person(s) or or- schedule of this endorsement performed for that ad- ganization(s) shown in the Schedule, but only with ditional insured and included in the "products-com- respect to liability for "bodily injury" or "property pleted operations hazard". damage" caused, in whole or in part, by "your work" CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM To: City of Santa Ana om: Laura 6-30-08 10:50am o. 6 of 6 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional insured Person(s) Or OrganizedoeXop Location(s) of Covered Operations As required by written contract: Information required to complete this Schedule, if not shown above, will be shown in the Declarations The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown In the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged Named Insured Ken Thompson, Inc. Policy Number Al CG89970800 Endorsement No. Policy Period to Endorsement Efiectivs Data: 2/13/2008 2/13/2009 Producer`s Name: i Producer Number: 6/30/2008 AUTHORIZED REPRESENTATIVE DATE CG EN GN 0029 09 06