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HomeMy WebLinkAboutPADILLA & ASSOCIATES, INC. - 2011INSURANCE SOT ON FILE WORK MAY NOT PROCEED N- 201'1 -110 CLERK OF COUNCIL DATE: SEP 2,1 2011. 0 ; py�/� /wc��- C�� CONSULTANT AGREEMENT (3rl av+ =6 � THIS AGREEMENT, made and entered into this 30`x' day of August, 201 1 by and between Padilla 8c Associates, Inc., 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 labor compliance reporting. B. Consultant represents that it 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 fiield 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: SCOPE OF SERVICES Consultant shall labor compliance monitoring and reporting for the Catalina Street Pump Owners Association Water Services Connections project and the Diamond Park Mutual Water Company Water Main Improvements project being undertaken by the City of Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this reference. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A_ The total sum to be expended under this Agreement shall not exceed $20,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. WORK PRODUCT Consultant represents and warrants the Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or pE:rsonal rights of any third person or party. Consultant shall deliver to City any 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 information systems, as agreed between the Project Manager and Consultant. =� In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and 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. 4. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012, 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 ofthe Public Works Agency 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 subiect matter ofthis 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 services provided, Commercial General Liability Insurance will not be required. 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 or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and bold harmless the City, its officers, agents, employees, consultants, 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 death, 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 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 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. 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 communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by tirst class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following parsons: To City: Clerk of the City Council City of Santa. Ana 20 Civic Center Plaza (M -21 ) P.O. Box 1988 Santa Ana, CA 92702- 1 98 8 Fax 714- 647 -6956 With courtesy copies to: Public Works Agency- Water Production City of Santa Ana 220 S_ Daisy Ave (M -85) P.O. Box 1988 Santa Ana, California 92703 Fax 714- 647 -3342 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -651 5 To Consultant Padilla 8L Associates, Inc. Patricia K. Padilla 21 1 East City Place Drive Santa Ana, California 92705 Fax 714- 973 -1229 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, 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. 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 behalfofany 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 ofthe 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 ofthe 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. Asa 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 ofthe 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 ofthis 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 ofany ofthe clauses ofthis Agreement shall be determined and governed by the laws ofthe 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis 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 ofthis Agreement, and shall indemnity 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 ofthis Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTES "T: MAKIA �_ HUILAR Clerk of the Council APPROVED AS TO FORM: J SEPH STRAI Interim City At rney A PR VED � TO LATENT: RA GODINEZ, Executive Director of �e Public Works Agency CITY OF SANTA ANA AUL M. WALTERS Interim City Manager PADILLA 8z ASSOCIATES ���!� I./ � •• • - ._ ' � i�� � � EXHIBIT A SCOPE OF SERVICES PROJECT UNDERSTANDING The City of Santa Ana PWA- Water Division will be releasing and awarding two (2) projects that are anticipated to be funded with Proposition 84 funding, which requires the application of a Labor Compliance Program. The two (2) projects are: Project One Project Name: Catalina Street Pump Owners Association Water Services Connections Project Estimate: $298,833.75 Project Duration: 6 months (apx) Project Two Project Name: Diamond Park Mutual Water Company Water Main Improvements Project Estimate: $ 1,050,206.40 Project duration: 6 months (apx) SCOPE OF WORK • Work with Construction Management Firms and Purchasing to ensure that all applicable bid invitations contain appropriate Labor Compliance language • Participate in Pre -Bid Conferences to review Labor Compliance requirements • Issue DAS 13's for each awarded project to the Department of Industrial Relations, as applicable • Participate in Post Award (Pre -Job) meeting to review applicable Labor Compliance Requirements with Contractors and secured a signed Labor Compliance checklist from the Contractor • Ensure the collection of Contractor weekly CPRs • Review , monitor and audit Contractor CPRs , as necessary, to ensure appropriate payment of prevailing wages (Federal and State) • Issue discrepancy notices indentify deficiencies • Participate in job progress meetings with Contractor to facilitate compliance as necessary • Conduct on -site observations and field interviews of covered labor (workers), as necessary • Respond to inquiries and complaints from third parties • Make recommendations to withhold contract payments and withholdings equal to the amount of underpayment • Provide technical assistance to Prime Contractors and subcontractors • Track Contractor apprentice utilizations and issue cure notices, as necessary • Prepare project- specific Labor Compliance close -our reports COST Padilla 8� Associates, Inc. cost proposal is designed to effectively allocate resources that promote a streamlined program approach while ensuring responsiveness and addressing Labor Compliance requirements and the City of Santa Ana PWA- Water Divisions objectives. SERVICES: LABOR COMPLIANCE PROGRAM COST Catalina Street Pump Owners Association Water Services Connections $5,600.00 Diamond Park Mutual Water Company Water Main Improvements $9,242.00 �-oom� PAOIL-0 DP ID: "C °RD CERTIFICATE OF LIABILITY INSURANCE D'Ma ";�,;;""n THIS CERTIFICATE IG ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGMS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A1TEN THE COVERAGE AFFORDED BY THE POLICIES BELOW, iHR CERTIFICATE OF INSURANCE GOES NOi CONSTITUTE A CONTRACT BETWEEN iNE ISBUING INSUAER�S�, AVIHOM2E0 REPAESEMATIVE OR PRODUCER ANO 1HE CERTIFICATE HOMER. mry mpuimenmtloreeTant AaMlealenl on lNls Gedlacata does ncl corder rlgNk tc lNe Id00eSUrente serve .. i np. 00696796 �i: Jbi�b�� I S. Placenta Avenue rAan, CA 91871 Pafticia K. Padilla, President 111 East City Place Dr. Santa Ana, CA 91705 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IINDICATED, NOTWTHSTANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C LAMS. INSA ry1EmINSUMCE ADGLSUe PDLIDYEFr fm 4aICYUP UHRS GENERAL UABILIff EACH OCCURRENCE a 2,00000 A M CCMMERCIUCFNER4UA &Lltt cuaasu,PCE�acue X 6&IS989L9S411 OMi7111 4M11111 PfrcNBE9 Eeouumma s 740,00 MEGfkP (AM USPnoN E S, PERSONAL aecvltilLav $ poll'oo GEaEraLACavECSTE s 4,044, CFN'LAGCREGATEDUOAPPIIEWER', A PoIIGY �0 LCC PRWICIS�CLMPpPPrA i Ai000,0 6 AUTOXnBIIEDABWIY ,tt,;� INCLUDE A uVYWN 6806988L934-01 48117111 OM12111 BCdLYIWMYpe,mrzoN I urGwrvED aGHEGUlEO wT� AurRS aCOILYIUUerH„ewa� s % rraEnurtCS X a��EC PeGICRnWNAGE �IwA�I 1 UNBNELLIIWe OCWR EACHLCCURRENfg 3 EXOE66LHB CLIMSAI4CE PGCREGAIE $ CEU FETfMICN S NORXENSCOMIEIS17pN ANO @ILOaEaS'UABlllff YIN IAYPRWRIEiORRARMEGGEWME CFFMEMIEIRERf/LlreEp1 � N@ NCSGT¢ rH T RY I P ELEACNAG'.�ENI $ EL[16EASE =EAEUPLOYE 6 MoM>kryln NN Uyy%%EurdhmMr DELG�CN CF ERAaCNSEekw EL[16EPSEPLtOYIINB B Proleulanal Lla6 ENNS94S19 1111X10 1111SN1 Aggmg LOON, Ea Clm I,csN,N refiLRI11NINOFQ0E0.17gNSIWCAIXIN6IVENICIFS @6KNACONBINI,AtlBtlmal Xemib ShceCJq NAtlRiPIGI � C DBdBHBIe NOdBr 6 remetl a5 addRkne retired B9 rEHmred �' WrMen ���Q��� AJ � ���� La1lraaper ma aHachdTamacGD2ae�oB145I7ogays nmiLem J taocNldloD eac¢p110 days for mnpaymerhdpremilaN. Ra: Prae�ecl Ora Cazllre SVeel PUmpp Owdem Assxladon Wafer SeMees CDnrectlarx. Pro�ecl �/S�/ iwc'DMmodd Party MulualWaterCamparry main lmprovemera � /f/�y- 4��5n1 Kura SL:II S � dy ASG1NIBn[ Cily Lmrney CIYSANA 9XOOL0 /NYOf THEABOVE DESCRIBED POLICIES BE CANCELLED aEFONE CB OISBNIa ANa .THE EMNPATION DATE iHERER, XOimf MLL eE CFiNEAED IN Y ACLOaDANCEWI1NiNE POLICYPAON81dIS, BdaD Ige 210 S. DaisyAve.,MAS AumaNNENaalefsfmanvE SantaAna,CA917W �,,,� ,� .a , LII17111Li1�?dR: "I ACORD ES �IDIWOS� ThS ACORD rMmeaM logo are registered marks DIACORO iveDale .ga117111toWI1711P Policyp6aa39aBL95411 COMMERCIAL GENERAL LIABILITY Associates Inc EN¢ ctive lifted THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ R CAREFULLY, BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) Thin endorsement modifies insurance provided ceder the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Sectiorll)isamended to Include any parson or organinallon that you agree in a "wraen correct requiring insurance" to indude as an additional 'insured on this Cover- age Pad, but: a) Only with respeolto liability to[ 'bodily 'mjury", "property damage" or "personal Injury"', and b) 11, and only to the extent that, the injury or damage a caused by sots or omissions of you or your subcontiac or In the performance of'}rour wore to which the "written contract requirng insurance" applies. The person or orgaoizalioo does not qualify as an adtliliooal iosoretl with respell to the independent ash or omissions of suds person or orgaoizafion. Z. The insurance provided to the atldiliooal iosoretl 6y this endorsement is limited as follows, a) In the evert Ihat the Limits of Insurance of this Coverage Pad shown to the Dederatloos exceed the limits of liability required by the "wdtleo connect requiring insurance', the in- surence provided to the atltllllooel Insured shay he limited to the limits of liability r� quiretl 6y ihat'wraen �Irect requiring lo� surarce" This eotlorsemeot shall col io- areese Ihs limits of irsorencs deacraetl io Sedan III - Llmils Of losursrce. 6) The Irsurarce pmuided to the addNianal io- cured does not apply to'botlily injury ", "prop arty damage" or "personal injury" arising out of the reoderlog ol, or failure Io render, any professicnel archllaolurel, ergloeeriog or sur� vayiog services, Iroludlog: I. The preparing, approving, or failing to prepare or approve, maps, sMp drew• iflgs, opinions, reports, surveys, Feld or ders a change atlers, or the prepadog, appreving, or failing to prepare or cap- prova, dmwioge ontl epocifieollors, and ii. Supervisory, inspection, architectural or engireeringadivMes. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your worn and included in the "products-mmpleled old- stations hazard" 1. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other Insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional Insured for a loss we cover under this entlorsemeot However, if the "written coohacl requiring insurance" spectlically requires Ihat Ihls irsoreoce apply on a primary basis or a primary and rormrNbulory basis, Ihls insurance is primary to "other insurance" available to the addldonel insured which rovers that person or argeoizetlar es ¢ named Insur¢tl for such Ices, end we vdll not share wNh that "other insurance ".But the insurance provided Ie the addllloral Insured by Ihls eotlorsemeot still Is excess aver eoy valid and collectible' other lo- sureoce ",whether primary, excess, conl'mgeot or on eoy other basis, that is euaileble to the atldi linnet insured when Thal person or organization is an atltliliooal iosoretl under such "other iosur aoce'l 4. As a cootlbieo of coverage provided to the atltlltionel Insured by this endorsement: a) The addaanal insured must give us wrhteo notice as sroo as practicable of ao'ouur� rence' or an offense which may result in a claim To the extent possible, such notice should iodude, i, How, when and where the "ocmrreooe" or offense took place, ii. The Dames and addresses of eoy injured persona end whnesses; sort iii. The nature and kcadoo of eoy injury or damage arising out of the "accuneoce" or offense, CGD248gBOS ® 2WBTheSl .PaulTreuelersCompaoies,lrc Pageiof2 COMMERCIAL GENERAL LIABILITY 6I If a claim Is made or'suiM' Is brought against the addlllonal insured, the atlslllonal insured musC I. Immediately record the specific of the claim or'suir'' and the dale received; and li, Noflfyosassoonaspracticable, The asdlfmnel insured must see to it Ihef we receive written notice of the claim or "suit" as soon es precfrable, c) The atldlllonal Insures must Immediately send us copies of all legal papers received in connedlon with the cfzlm ar "suit ", cooperate with us to the lovestlgallan or seftlemenl of the claim or defense against the "suit, and olhenvise comply with all policy conGdlons, d) The etldrflooal losuratl must teller the se• ianse and Indemnity of coy Naim or'kuiP to aoyprouitleroP 'otherinsmahce'whlchweultl rover the atltllllonel insured for a lass we rover under This eotlorsemest. However, Ihls wndltion does sat affect Wnelher the Insur� cone provided to the osdlllonel insured by this endorsement Is primary to "other insur. once" available to the additional insured which covers that person or organ¢allon as e named insured as described In paragraph 3. above, 5. The following deilnitlon g added to SECTION V, - DEFINITIONS: 'M1Vdften rantract requirtng'msurance "moans Ihat psd of any written conhaal or agreement under which you are repNred to include e person or organicalion as an atldilional io- sured on Ihls Cot'erage Pad, provided that the "bodily injury" aod'pmpesy damage" no- ours and the "personal injury" Is cau�b by an offensemmmibed, a. After the sgning end asaoWioncl the conlrad or agreement by you; 6. While that pad of the coolrecl or agreement is In eflecf, end c. Beforelheensoithepollcyperiod. Page2of2 ® 2dOSTheSILPaulTrauelersCompenies ,Inc. CGDt4Bg805 POLICYHOLOERCOPY BP PO aos asasaT, sAN FArh'clsco,cA 941A2 -asoT CERTIFICATE OF WOAMEAS' COMPENSATION AJSUAANCE ISSUE OAiF; 00 -28 -9011 GPWP, POLICY NUMBER 141881 CERTIFICATE ID: 941 CERiffICATE E%PIRE& 07- 01.9011 07.01. 9011/07-01.9019 CITY OF SANTA N14 • BRIAN IOE SP JOB:GTALINE STAEEi PUMP A DIAMOND PPA( INPRDV 990 B CAISY AVE SANTA ANA BANTA ANA CA 89700.4004 CA 8970.1 This Is yo Cwtlfy tNt we hrva lasuad a valid Workers' Goypessetlm loauresu policy to s loan pprwed by Oe Cilllornia 4uurance CommHsionar to the employe coned helow fa the policy period lodlcried, This Doliey Is nel suhjel to carcellalion by Oa Wrd except upon 99 drys advance WriOen nolke to Ue employer. We will also glue VW 80 days advance mtice should this pollry he cancelled prbr to Its normal expiration ihls cerlNlcBle of 'msuranoN Is not an ifduraMe polity ed doss cot arced, extend or alter the wveage afforded by the polity listed herein Notwi0.ahnd'ng am requirement term a ooaStan of any contract or aRer docmeul wIN respect to wiJah cola cerlifloAe of Psvnce may ha issued Or la whloh If may pertd0, Ne Insurance afforded by Ihs policy deacdEAd herein h aubjast to all Ae terms�ex�alutlom, �d oordMans, of ouch polity. 1'WIIOa El�,y Authorised Rapreseowlve Prasldenl and CEO EIPLOYER'B LIABILITY LINK INCLUOINO DFPENSE DOSTS: f1,000,000 PER ODARRENCF, EPLORSEIMNi R0016 ENTIILED p001T10NAL INSURED EMPLOYER EFFECTIVE 9011 -W-98 IS AIIACXED TO AND FOTASS A PART OF THIS POLICY. BANE OF ADBITIONAI IN$URFO, C[tt OF SANTA R94 • BRIAN IRE ENDORSEMENT 91800 • PpiAIC1A PAOlLLA P S T • EECLUDED. ENBORSEMEMi A9089 FNI[iLEO CERTIFICRTE ROWERS' NOTICE EFFECiIIR 07-01 -90D9 IS AiiACXEO TO ANO FORM$ A PAki OF THIS POLICY. I #PFkuvuu Aa 1'U FUIUYa EMPLOYER roa.�:r qtly Allonm; PAOILl4 A9L ABBOCIAiES IBC SP 911 E CITY PLACQ DR BMTA ANp CA 8970fi IPfssPj PRIM¢O :09.98.9011 puu.aaetN PADIL -1 OP ID• CH '`'��.,,��"� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 11 /23/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS f:ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 Ileu of such endorsements . PRODUCER Fullerton Insurance Service 714- 577 -5800 CDI #0596796 714��{7 -0011 '1009 S. Placentia Avenue Fullerton, CA 92831 CONTACT NAME: Leslie McCarth _ _ q/C NNO E :l:714- 577 -5800 FAx (A/c. Ne): 71447 -0011 E -MAIL ADDRESS: reC fullertoninsurance . com INSURERS AFFORDING COVERAGE NAIC M Leslie A. McCarthy INSURERA:TraVCler$ Indemnl Co of CT 25682 _ INSURED Padilla 8[ Associates, InC. 211 East Clty Plac@ Dr. Santa Ana, CA 92705 INSURER B :AXIS Surplus Insurance Co. 26620 INSURER G X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR -- _ INSURER D _ 6805986L954 -11 INSURER E 08/'17/12 DA ASE TO REN7Eb PREMISES Ea occurrence INSURER F MED EXP (Any one person) __ $ S,OO THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE D POLICY NUMBER MM/LDD /YYYY MM /DD /YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR X 6805986L954 -11 08/17/11 08/'17/12 DA ASE TO REN7Eb PREMISES Ea occurrence $ 300.00 MED EXP (Any one person) __ $ S,OO 8 ADV INJURY $ 2,000,00 — —.. _.._. _ _PERSONAL GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP /OP AGG $ 4,000,00 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident INCLUDE BODILY INJURY (Per person) $ A ANY AUTO 6805986L954 -11 08/17/11 06/17/12 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS X AUTOS X PROPERTY DAMAGE Per accitlen[ $ $ __ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N .4NY PROPRIETOR /PARTNER /EXECUTIVE ; l OFFICER /MEMBER EXCLUDED? U N / A WC STATU- OTH- Y I EL_ EAGH ACGfUEN I" _ $ EL DISEASE - EA EMPLOYEE $ (Manda[ory In NH) If yes, describe under EL DISEASE - POLICY LIMIT __ $ DESCRIPTION OF OPERATIONS below B Professional Liab ENN592110 11/15/11 11/15/12 Agg /Occ 1,00D,00 Ded z,so DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (A!lach ACORD '101, Addlllonal Remarks Scbedule, I! more space Is rsqulred) Certificate holder is named as additional insured as required by written contract per the attached form #CGD248(OS/05).30 Days notice of '! 1' �':�..(.��ll} -�� j'�;,j i� %) f-i.: cancellation except 10 days for non - payment of premium. Re: Proeject One i�� .• . Catalina Street Pump Owners Association Water Services Connections. Project Two: Diamond Park Mutual Water Company main Improvements ly l.ArvI.CLLA 1 1 VIV CTYSANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Brian Ige 220 S. Daisy Ave., M -85 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92703 � _ ©1988 -2010 AC ORD CORPORATION_ All rio hts reserved_ ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERTHOLDER �Y P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09 -28 -2011 CITY OF SANTA ANA - BRIAN ICE 220 S DAISY AVE SANTA ANA CA 92703 -4334 GROUP POLICY NUMBER: - 1 4 1 9866 -201 1 CERTIFICATE ID: 241 CERTIFICATE EXPIRES: 07 -01 -2012 07- 01- 2011/07 -01 -2012 SP JOB :CATALINE STREET PUMP S DIAMOND PARK IMPROV SANTA ANA CA 92703 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the termsc, /�e)�x cal u�s�i�o ns, and conditions, of such policy_ °�'.r^ �� Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2011 -09 -28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY_ NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA - BRIAN ICE ENDORSEMENT #1600 - PATRICIA PADILLA P 5 T - EXCLUDED_ ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY_ EMPLOYER PADILLA AND ASSOCIATES INC 211 E CITY PLACE DR SANTA ANA CA 92705 �F'�'jltl� V �i� „4S "TlJ FC3iZNi --'� —�-�ti tt: Sttccdy :"h FS1s LY7 ni C.it -y Attorn cti SP M0408 (RE V.B -20t0) PRINTED 09 -29 -2011 SP