Loading...
HomeMy WebLinkAboutALBUS-KEEFE & ASSOCIATES - 2008City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect..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). r , Call 647 -6520 if you have any questions. °` U - i AA GLt�RK O � UHCk The agreement with No. A -2008- IO and final�4 t $4 Nssiiitoi'- Revised 12 -0 was completed on Department: 4A Phone /Ext.: J) Signature: 2?4t� 0--- Date. � (3� 1 13 A -2008 -102 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE�XPI,ES _ CLERKOFCOUNCIL �7' CONSULTANT AGREEMENT ""c' NOV - 4 ZQQS ? pESp� THIS AGREEMENT, made and entered into this 2 "d day of June. 2008 by and between ALBUS -KEEFE Xc ASSOCIATES, 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 environmental services and related technical studies. 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 Corr 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: SCOPE OF SERVICES Consultant shall provide geotechnical and geologic study services related to analyses of the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other 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. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009. 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 Planning and Building 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 helow: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000.000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (3 )0) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDENINIEICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers and employees 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 due to negligent acts. omissions or willful misconduct in the pertormance of non - professional 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 1 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 to the extent arising from negligent acts, omissions or willful misconduct in the performance of professional services under this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restihdion, judicial or equitable relief due to personal or property rights arises by reason of effects arising from Consultant's performance of services under 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 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 cormunication 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 Cit_v° Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana_ CA 92702 -1998 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Planting and Building City of Santa Ana 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California 92702 telefacsimite (714) 973 -1461 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana. California 92702 telefacsimile (714) 647 -6515 To Consultant: Albus -Keefe & Associates, Inc. David E. Albus, Vice President 1011 North Armando Street Anaheim.. CA 92806 -2606 Tetefacsimile (714) 630 -1916 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, 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, 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. It. 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 proposal 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: 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. TURISDICTION - 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 of this .Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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 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. ATTES'� PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney n By: Lau fa Sheedy Assistant City Attorney CITY OF SANTA NA DAVID N. REAM City Manager ALBUS -KEEFE & ASSOCIATES, INC. Aie�— DAVID E. ALBUS Vice President Tax ID# 33 -v8 "-(o 80 EXHIBIT A CONSULTANT'S PROPOSAL. AND FEE SCHEDULE /-dK Mr. Pedro Guillen Associate Planner City of Santa Ana Planning Division, M -20 20 Civic Center Plaza Santa Ana, CA 92702 ALB US -KEEFE & ASSOCIATES, INC. GEOTECHNICAL CONSULTANTS April 21, 2008 Subject: Response to Request for Statement of Qualifications for Environmental Consultants Dear Mr. Guillen, Albus -Keefe & Associates, Inc., (AKA) is pleased to present to you our statement of qualifications for geotechnical and geologic consulting services. We believe you will find our firm well qualified to assist your city with planning issues including adherence to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). AKA has served as a consultant to several cities in Los Angeles and Orange counties and is very familiar with the special requirements and needs of municipalities. We have served as technical reviewers of geotechnical document submittals to verify adherence to city requirements, assisted staff with the evaluation of properties for development, and provided quality assurance during construction and public works projects on behalf of the city. Our services have also included attendance with city staff, city commission and council members, and key neighborhood groups to help explain and clarify complicated environmental, geotechnical, and geological issues. We believe you will find working with our company is easy and comfortable. We provide you a key point of contact you can call anytime to coordinate all your needs. Yet multiple staff will be sufficiently familiar with your work to provide backup and redundancy as needed. The smaller size of our firm provides you with a personal touch while still having the strength to support significant and large projects. We are very familiar with working and coordinating with other team consultants to provide a cohesive work product to you. AKA strives to reach beyond our boundaries to overlap with other disciplines and assure "no stone is unturned." You will find attached our Statement of Qualifications for your consideration. But we believe a face to face meeting and presentation is the best way for you to understand who we are and how we can exceed your needs and expectations. We appreciate the opportunity to present this package to you. Sincerely, ALf�US� -KEEFE & ASSOCIA TES, INC. �( �/ v David E. Albus Vice President Principal Engineer 1011 North Armando Street, Anaheim CA 92806 -2606 (714) 630 -1626 FAX (714) 630 -1916 ;a rate ProjYe INTRODUCTION Albus -Keefe &Associates, Inc. (AKA), is a geotechnical consulting firm with a diverse background eori fists, civil engineers, geologists, l expertise in the disciplines of soil engineering and engineering geology. Our staff consists o registered geotchnical engineers, certified engineering geologists ff. We provide both office and field support services throughout the technicians, and support sta entire project life. view of Our services begin with a client's due-diligence eotechnicala support duringlentitlement and planni g of the proposed development. We p g stages to incorporate geotechnical recommendations into the project concepts. We work closely with development l and confirm that critical the client ndu,o prepare inal 1Tefdstaff at AKA c o closely monitors g n alsesare addressed to construction. i compliance ance with project specifications. a0ur services are development by a complete dlaboratory sfor P testing of soils and e professionals also provide as expert witness instrumentation su rt for legal firms and on insurance needs. AKA p companies. AKA is headquartered in Anaheim, California, and provides service to clients throughout southern California. Our office is centrally located to service projects spanning from the greater Los Angeles expertise offered by our nities. With the diverse area to the Inland Empire and desert commu provides service to southern Cali California clients such as: professional staff, AKA • Architects & Engineers • Planners • Commercial, Retail & Industrial Developers • Residential Developers • Construction Management Contractors • Entertainment & Recreational Venues • Governmental Agencies • Insurance Companies • Legal Firms • Oil Companies • Religious Organizations • School Districts • Transportation Agencies • Utility Companies ALB US-KEEFE &ASSOCIATES, INC. C MISSION rate Pro Albus -Keefe & Associates, Inc., strives to offer a reliable source of professional experience that our clients can benefit from time and time again. AKA is committed to making each project economically successful while maintaining a high level of quality. Our approach is centered on the philosophy of "value engineering ". The staff of AKA evaluates each project from a fresh perspective, searching for clever and innovative solutions, even for common situations. Time proven methods or uniquely tailored approaches are used with common sense but never "cut and pasted ". The staff of AKA works closely with the client and project team to understand critical project constraints, even from the project's inception. Our involvement is not limited strictly to geotechnical issues. The staff at AKA is always keenly aware of the interwoven relationship of all the various disciplines. We look beyond our immediate borders to assist all the team members in developing economic solutions. AKA is uniquely qualified to provide excellence in geotechnical consulting by relying on the company founder's philosophy of utilizing proven methods and integrating innovative solutions. AKA combines quality, sensibility, and timeliness to produce economical solutions to challenging projects. Each project receives hands -on professional advice from the company's principals, which will reduce risk and cost by utilizing a built -in source of proven success. This includes a sensible and achievable project approach, a continuous open line of communication with the design team, and a philosophy of dedicated workmanship to ensure client satisfaction. We believe the combination of comprehensive experience and focus within AKA will benefit each client. In the long run, "we strive to build relationships that will build the future. ALBUS -KEEFE & ASSOCIATES, INC. Corporate Pro TYPICAL SERVICES Albus -Keefe & Associates, Inc., offers the expertise to deliver innovative and reasonable solutions to land development and construction challenges faced by the public and private sector. The following is a listing of typical professional services offered by our staff: • Due Diligence Investigations • Environmental Impact Reports • Feasibility Investigations • Geotechnical Investigations • Plan Reviews • Grading & Construction Services • Field Testing & Inspection Services • Reviews for City Code Conformance • Construction Defect/Forensic Services • Expert Witness • Insurance Claim Evaluation • Emergency Response • Seismic Hazards Evaluation/Fault Study • Laboratory Testing • Material Testing • Field Instrumentation ALB US -KEEFE & ASSOCIATES, INC. I Corporate Pro LABORATORY TESTING Albus -Keefe & Associates, Inc., provides complete laboratory capabilities for a variety of testing services. Our registered professionals review all testing and data compilation. Our geotechnical laboratory capabilities offer a wide range of testing to meet specific project requirements. Typical testing services include: • Atterberg Limits • Consolidation • Concrete Compression • Corrosion Analyses • Expansion Index • Hydrometer • Maximum Density • Minimum Resistivity • Moisture - Density • Permeability • R -Value • Sand Equivalent • Shear Strengths • Soluble Sulfate Content • Specific Gravity In addition to our standard laboratory testing services, we offer a team of ACI, ICBO, and City of Los Angeles certified deputy inspectors with extensive knowledge of concrete, structural steel, masonry, asphalt, welding and other construction material testing services. ALB US KEEFE & ASSOCIATES, INC. Co rate Pro QUALITYASSURANCE Quality assurance is essential to maintain the high standards demanded by our clients and Albus- Keefe & Associates, Inc. Our comprehensive quality assurance program during the design and construction phases insures the project will be dependable, cost effective, and adhere to the design specifications, industry standards, and regulatory codes. The following is a brief summary of key elements of our quality assurance program: • Selective hiring of qualified personnel • Continuing education and training programs for management as well as staff • Careful coordination with other project consultants and the client for project needs • Systematic calibration of lab and field testing equipment • Pre - construction meeting with site contractors to discuss the construction plan • Field mapping of exposed geologic structure and removals during construction • Compaction testing of fill soils during all phases of grading and backfill • Observation of foundation excavations, drainage devices, and materials placement Installation and observation of field instrumentation to monitor performance • Thorough documentation of observations throughout the duration of the project • Review and update project schedules, budgets, and scope of services Comprehensive technical review by the principals of the firm throughout project ALB US -KEEFE & ASSOCIATES, INC. Company Personnel & Fee Schedule PROJECT CONTACT /ASSIGNED STAFF Key Individuals who we anticipate to work on City projects will depend on the spec ficproject ort will be managed by Mr. James requirements. All projects, however, will be coordinated through the company principal engineer Mr. David Albus. On -going soils engineering supp Chang, corrosion engineering needs will be managed by Mr. John Barnes, engineering geology services will be managed by Mr. Patrick Keefe and Mr. Michael Spira. Individual support staff will be determined on a project by project basis depending on project requirements. Project team members will be selected from our staff of professionals. Resumes of key individuals are Attached herein. FEE STRUCTURE AND RATES es, Inc., charges on a fixed fee and time and material basis, depending upon Albus -Keefe &Associat the scope of work. Generally, work related to investigation, design, or review services are offered as fixed fees. Work related to services during construction is typically done on a time and material annually erein. This fee schedule may be adjusted increase would not exceed schedule is previous year's CPI as published for he Greater Los Angeles area. he i ALBUS -KEEFE & ASSOCIATES, INC. ALB US -KEEFE & ASSOCIATES, INC. GEOTECHNICALCONSULTANTS SCHEDULE OF FEES Effective January 1, 2008 HOURLY CHARGES FOR PERSONNEL Portal -to -portal charges for professional and technical staff will accrue in accordance with the following schedule of hourly rates: 1. Overtime for field technical personnel will be charged at 1.5 times the hourly rate for hours worked over 8.0 hours per day and/or Saturdays and Sundays. OTHER EXPENSES Automobile and truck expenses for company personnel are included in the hourly rate. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects more than 60 miles away from their principal office are charged at cost. Exploratory equipment rentals (drill rigs, backhoes, dozers, etc.) are charged at cost plus 20 percent. Monitoring instrument charges will be quoted on an as- needed basis. Direct project expenses (i.e., printing, photography, aerial photos, permits, etc.) are charged at cost plus 20 percent. 1011 NArmando St •Anaheim • CA • 92806 -2606 (714) 630 -1626 • FAX (714) 630 -1916 Hourly Rate Personnel Classification $160.00 Principal Engineer/ Geologist ................................. ............................... $120.00 Associate Engineer /Geologist ................................................... ............................... $105.00 Project Engineer/ Geologist ...................................................... ............................... $95.00 Staff Engineer / Geologist ................................................. ............................... ....... . $83.00 FieldSupervisor ...................................................... ............................................ $72.00 Senior Soil Technician (i) .........................:.............................. ........I....................." $60.00 Soil Technician (p ............... ........................... ............................... ....................... $72.00 Laboratory Technician ........................................................... ............................... $66.00 Technical Illustrator .............................................................. ............................... $40.00 Word Processing / Clerical ......................................................... ............................... 1. Overtime for field technical personnel will be charged at 1.5 times the hourly rate for hours worked over 8.0 hours per day and/or Saturdays and Sundays. OTHER EXPENSES Automobile and truck expenses for company personnel are included in the hourly rate. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects more than 60 miles away from their principal office are charged at cost. Exploratory equipment rentals (drill rigs, backhoes, dozers, etc.) are charged at cost plus 20 percent. Monitoring instrument charges will be quoted on an as- needed basis. Direct project expenses (i.e., printing, photography, aerial photos, permits, etc.) are charged at cost plus 20 percent. 1011 NArmando St •Anaheim • CA • 92806 -2606 (714) 630 -1626 • FAX (714) 630 -1916 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy M1 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative ALBUSASSO Client #: 11868 CERTIFICATE OF LIABILITY DATE (MM)DDNY) INSURANCE OBI21108 AU, PRODUCER ton &Associates 550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PERIOD INDICATED, NOTWITHSTANDING A 9 2711 -0 55 0 INSURERS AFFORDING COVERAGE 0 Albus -Keefe & Associates, Inc. INSURER A. Travelers Property Casualty Co o f Am INSURER D: Travelers Indemnity Co. of Connectic INSURER a XL Specialty Insurance Co. 1011 N. Armando Street INSURER D. Anaheim, CA 92806 INSURER E. MAY COVERAGES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR SUCH ANY REQUIREMENT. TERM OR AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF MAY PERTAIN, THE INSURANCE AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES. - POLICY EFFECTIVE POLICY EXPIRATION LIMITS INSR LTR TYPE OFINSURANCE POLICY NUMBER O A E MMIDDMI DATE MMIOD EACH OCCURRENCE $1,000.000 68048341.764 109101108 09/01109 FIRE DAMAGE (Anyone re] X090.000 A i GENERAL LIABILITY IX COMMERCIALGENERALLIABILITY �occuR INDP. CONTRACTORS MED EXP(Any one pars°,) $10000 P =_RSONALa ADV INJUev 51000000 CLAIMS MADE X ;CONTRACTUAL INCLUDED X BFPD. XCU GENERAL AGGREGATE s2.000,000 PRODUCTS - COMPIOP AGG s2_10-0010-0-0 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO nLOC 109/01%06 09/01/09 SINGLE LIMIT B AUTOMOBILE LIABILITY BA4913L509 COMBINED (Ea acciGenl) 51,000,000 ANY AUTO /� r FO ALL OWNED AUTOS A � I,) BODILY INJURY (Perpefaon) S SCHEDULEOAUTOS X HIRED AUTOS BODLY INJURY (Per acdtlenl) 5 X NON-OWNED AUTOS "��� PROPERTY DAMAGE 5 / Attor.:ey IPaf aa(itlEnt) AUTO ONLY -EA ACCIDENT 5 GARAGE LIABILITY EA ACC S ANY AUTO OTHERTHAN AUTO ONLY'. AGG S A CUP7157Y320 109/01108 09101109 EACH OCCURRENCE $4000000 AGGREGATE s4,000,000 EXCESS LIABILITY MADE Professional Liab. s X OCCUR CLAIMS li is Excluded S DEDUCTIBLE ' 5 RETENTION 5 U6709BY769 09/01/06 09/01109 X We srnru- OTH- - - -- - — E.L. EACH ACCIDENT B WO RKERSCOMPENSATONAND EMPLOYERS'LIABILITY 51,000,000 E.L. DISEASE- EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT I 51,000,090 C OTaER Professional DPR9614394 109101108 09,101/09 $1,000,000 per claim $1,000,000 annl aggr. lability DESCRIPTION OF OPERATIONSILOCAnONSNEHIGLEVEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: All Operations as performed by the named Insured City, its officers, employees, agents, volunteers and representatives are (See Attached Descriptions) - ....,. �...�...., �__ .._ -- u_.... s.. AI..e o—,.. f of Premium City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25S (7,197)1 of 2 #M234945 PROVE D ESCRIBED POLICIES BE CANCELLED B EFORETH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ —DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TODD SOSHALL IMPOSE NO OR LIGATION OR LIABILITY OF ANY HIND UPON THE INSU RER,ITS AGENTS OR -1 , n 4rORD CORPORATION 198E COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section Iq: Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf. a. in the performance of your ongoing opera- tions; It. In connection with premises owned by or rented to you; or o� 003729 c. In connection with "your work" and included Within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury","property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ng insurance" to provide for that additional insured, or the limits shown In the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph a. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as Part of the "contract or agreement requiring insur- ance" with such person or organization entered Into by you before, and in effect when, the "bodily CG D3 81 09 07 ®2007 The Travelers Companies, Inc. Page t of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 Q 2007 The Travelers companies, Inc. CG D3 8109 07 Includes the copyrighted material of Insurance Services Office, Inc., with @s permission.