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HomeMy WebLinkAboutTRC SOLUTIONS, INC. - 2014Cy, cps+/ +��)N'9 mo�ntte Vev toc_l) AGREEMENT FOR PROVISION OF ENVIRONMENTAL CONSULTANT SERVICES N -2014 -023 THIS AGREEMENT, made and entered into this 1" day of January, 2014 by and between TRC Solutions, 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 issued Request for Qualifications (RFQ 13 -054) on September 12, 2013, in order to retain a consultant having special skill and knowledge in the field of environmental consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental consulting services, including preparation, distribution and filing of environmental noticing documents, preparation of studies and technical reports and other necessary services, on an on -call basis, at the written direction of the Executive Director of the Santa Ana Community Development Agency, or his /her designee, in compliance with the Scope of Work, attached hereto and incorporated herein as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultant acknowledges and agrees to all of the terms and conditions of each of the exhibits attached hereto and incorporated herein. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Community Development Agency, or his /her designee, and the representative of the Consultant shall be the Program Manager or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal 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. �MMJMMM.M IXII a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto and incorporated herein as Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates of services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice c. Payment by City shall be made within forty -five (45) 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 of a professional environmental consultant. This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Community Development Agency and the City Attorney. 6. 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 mamer 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 mamer 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. 7. 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. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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 and in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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 (enfors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. 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. 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. S. INDEMNIFICATION Consultant agrees to and shall indemnify and hold 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 negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by athird party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 9. 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. 10. 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. 11. 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 facsimile 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 Fax 714- 647 -6956 Courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Consultant: TRC Solutions, Inc. 123 Technology Drive Irvine, California 92618 Attn: Gil Fry, Principal Phone(949)727 -9336 Fax (949) 727 -7311 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shalt 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 facsimile, 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. 12. 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. Io the event of a conflict between the terms of this Agreement and ally 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 terns 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. 13. 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. hi 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this contract in strict observance of and in compliance with The California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and those regulations enforced by the California State Historic Preservation Officer (SHPO), as each may be amended or updated from time to tine. b. 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 govervnental 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 of this Agreement. 16. 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) IN WITNESS WHEREOF, the panties hereto have executed this Agreement the date and year first above written. ATTEST: I _ MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City AttjAstant rney By: Store City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECO END D-rM APPROVAL: TRC Solutions, Inc. Nancy Fong, C 9a i4 -7�u•b - G l c. FR Y hiterim Execute e Director Senior-V-iso-Rrssi € le4 pp w c ! PA L Community De IQ rjr�ra Agency LIST OF EXHIBITS: Exhibit A — Scope of Work Exhibit B — Proposers Statement & Fee Schedule Exhibit C — Additional Insured Endorsement Exhibit D — References Exhibit E — Proposal & Contract Agreement/Proposers Statement Exhibit F — Certification of Non - Discrimination Exhibit G — Non - Collusion Affidavit EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES SCOPE OF SERVICES INTRODUCTION The Housing and Neighborhood Development Division of the City of Santa Ana's Community Development Agency is responsible for the administration and oversight of the City's Housing activities. From time to time the Division requires additional professional environmental services and technical expertise. The City of Santa Ana is issuing this Request for Qualifications (RFQ) for Environmental Services to indentify consultants who have extensive experience working with public entities to provide planning and environmental review services. II. Scope of Work The Consultant shall provide environmental services under the direction of City staff. The consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant shall be committed to provide adequate staffing levels at all time in order to adhere to established schedules. The Consultant shall be knowledgeable of federal state and local regulations, policies and procedures as they pertain to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Selected consultants shall have demonstrated expertise in preparing environmental noticing documents, preparation of studies and technical reports as required by CEQA and NEPA those include, but are not limited to: Environmental Assessment (Phase 1 & 2), Lead & Asbestos Testing, Cultural Resource Study, Soils Testing, Preparation of documents necessary for compliance with NEPA and CEQA. City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 9 EXHIBIT CITY OF SANTA ANA ,POM'MUNI'rY OEVVLOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR WVIRONMENTAL SERVIM9 EROPOSFRS STATEMgNTA�NQ 99ALIPICATION FEE-89HEOULE oqr,,tfflqo,ttoq — I cortify-tha i heyp read ynderatanp and og(op to the tormp and conditions of this R,oqpo,st for Ovallfloatforts. I have gxgnitned the Scope Wc5torvlops tExhibit A) and am familiar with the scope xof work locations, I am familiar witholt the ox-lelp may, 101padt _q, conditions and limita WO,k betitlesU. I understand and aotoothat f am focobhsiblO fdr repotting, any orror%l omIssl6ha o1r, ,distreolholos to the City fbr cl6kifluitlbn ftftdV t&thb4UbhM*Wob,6,f mh+ oreposal. pisoao, provide A IP#Iof snuiron-Mentott spfvtqqa anoterm, th0j, the -firth oss provIded and can proVide, to the Olty, along. with a Proposed fee eohedpjq= 'TPO $olxitlo". Inc. Ci #y,rtf Sarin Ar d -, , 0,tfij*,oitY qu TIME & MATERIALS PRICING SCHEDULE Remediation Services Principal Consultant $185.00 Program Director $165.00 Senior Project Manager $155.00 Project Manager $145.00 Senior Project Engineer, Geologist, Scientist, Professional $130.00 Project Engineer, Geologist, Scientist, Professional $110.00 Senior Staff Engineer, Geologist, Scientist, Professional $ 95.00 Staff Engineer, Geologist, Scientist, Professional $ 85.00 Junior Engineer, Geologist, Scientist, Professional $ 75.00 The above rates do not apply for the preparation of testimony, court appearances and depositions. For appearances at depositions or trials (whether or not TRC Solutions has been designated as an expert witness) multiply above rates by 1.5. All of the preceding charges will be on a portal -to -portal basis, with a one -half day minimum. FIELD SERVICES Construction Superintendent $125.00 Foreman $ 95.00 Senior Environmental / Construction Technician $ 85.00 Environmental / Construction Technician $ 70.00 SUPPORT SERVICES Computer Graphics/CAD $ 85.00 Project Administrator / Coordinator $ 70.00 Technical Writer $ 65.00 Word Processor $ 60.00 General Clerical /Administration $ 55.00 Labor rates to escalate 3 percent annually starting on one -year anniversary from the contract date, October 2013 1 TIME & MATERIALS PRICING SCHEDULE Remediation Services TRAVEL Vehicle Mileage $ 0.60 /mile Company -Owned Truck $ 90.00 /day OTHER DIRECT COSTS Permits, laboratory analysis, other equipment rentals and materials, outside vendors and subcontractors Actual Cost Plus 7% EQUIPMENT RENTALS (one -day minimum) PID/FID $100.00 /day Interface probe $ 25.00 /day PPE-per person (incl. Respirator and/or Nomex) $ 20.00 /day Generator $ 75.00 /day Air compressor $ 75.00 /day Diaphragm pump $ 25.00 /day Submersible pump $100.00 /day Turbidity meter $ 40.00 /day pWconductivity /temperature meter $ 25.00 /day Dissolved oxygen meter $ 40.00 /day Onsite traffic delineators /signage $ 30.00 /day INVENTORY MATERIAL USAGE (Each unless otherwise stated): Disposable bailer $ 6.00 Brass sample tubes $ 6.00 EPA Method 5035 sample container $ 15.00 55- gallon DOT - approved drum $ 55.00 Tedlar bags $ 20.00 October 2013 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIAW41TY AND BUStNIE$S AUTOMOOILO'POLICAES '�Rc will Provide 4pm, Award of 0QAtr,4,qt W40,40- O"AmPany This ortdoro,#Mot (nodiffo tsitfogueg"00 as Is afforded by tha ofowoioht of polidv , A �r(k re'lowfli to tho, folio, w1oli", 1. Iffo 1011t)V of Sao% Ana, 20,0[Vio Ootftor Plata. M4r, SantA And, awiforiwi, q1270l;,ad omaft, ornploy,w) 40ontat volfthfoors and rop"fasetito"Yet Oro �homot '04 47.duttona, thottroci(A) ro-ogtd to 11abIlIty and dofonso 4:0wis Aom,00- oom-f ho "o-gorotion`s and PAPA 10YWbibalf oftho n0mnodiamfoo; 2, with 00'Inqoqt pf'thg , *ratlons end': �pd. ,osag, , porformod q, on '00 00 of the ,naffiW Insured ,apob Insum poe as is afforded bylblo ppitoy-4,s, p l)poryvanal is q*( 4k#01t, n I to or, d6fithbUffho.-VAth ally Offidi"iftttranoo-oarris(I by or fortho bqnoflt,9ra,04KT0n?j Insured(S)i 3i Thit fiiata dd, Aplilles-'400arately to oadh Insured against whovii 416[ra, it thado or Milt I's W'OoMpIOAYss Ilmns"of llmuty� Tho) Iflowwoh, drArw.,0or40r1 of or,ganix 4 os A-I,- Jdauror[ObAlt not affect any right Wbith iWoh ptrlsdtl 0-00,00146000 would ,4. VV1 th Fps joih sqri�,d( Oil oot 00 ,'�anoollod� orrnatodally, 10 a), this 1 nov moco sh reduced; W, q0vomq -of lirriita oxceptalier thirty (30,44YA wrifton.molloo, b4s, to the City *VSa t q Asyq, 2001v,,!q Oeptipr-Plaza M4,7,Santa Aryaj:C (ConVWjM of the joq"MVi tpolW)bg 0,0400tolp naturo, is roAqw(04 to Moke this, 0,00orsomon, t offe0tivaj 15", this oo'dorsomemlormAs N'affia insumd by; Ftequa�Vor'Qvolftatlons, EpytrummentafSemfoes Rage 11 EXHIBIT 0 CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST PQRQUAL(FIGATIONS FOR ENVIRONMENTAL SERVICES THIS SKEt-T MU-LT'J%g-OKP6�2jN EU AN2 R5TWRNgb WIjH,QFE9ROR1$ PROeQgAL, List and descrl4e, fully the con frq* porform''o 0 r ftr, whJoh damp"irale your ability, ux prQVJ 0 thp, _0 y YOU 'M Wpiollos, eci0115rherit or tdrvidesIncluded in the =,oPs of the proposal specifloAtions. A&_q aildMarval iwaos ,'Tbe City,,xoi5erve& the right to contact oath of the references listeofor , aftfloftl MfOrrntrito# ft,4fdJhigydUJr firffi%, qudflft#Wft Reference No. I (Jty ,Customer Name" ftbIic Works *ganzy dontrot 610-foual: SOU i Arrit*Tki AddrOssi- MTAtfb NUmber-I Santa Ma, CA, ( 714 ) ri 41- —50 3 s, 00(ttraot Amoun&: year., 2 an'i 2'o 0#1 Description of enVko6rh6ntdl servibes pro.0090t Prove O& mv-ironmanval MeLOT!I-Itsl rinplianc and to dlar- :0,34 -por' t'bek PtIblic Works, Aq)anay dua�ing, ati M-Call contract. kq(oreoeo Nq ,2, Cu'Mroor NAmm Qm ContradtUdIvIdUak, Addrewq; SSG a-',. Min Ot p'N 0 e Ambarr otg4ge., CA 9 i #S Fadslithile ftnibef,, Cbntiraot, Amou nt: 2010 ,inscription of envfroqM 00(o I 001WIPOS "Ia044& TIRO 1WO-vided anvirbntridntal ve'vmlttrlq' gd,r-fbvoed a fovtal wetlarlds delinea=tion and conductved­ an impact, 4nadysls. t;(5 acquire -40.1,404 p6,kM&d fbt- the I-t()5/T-608- 'ROV Connector Plap 127 Refsrenoe NO, 3 City of Costae miI -sa net Raj a Seth r-ama Gustp�nen Name.: �atra Individual: Addrgws 77 >aix I)rive, PhgneNum,bPr; (714) 754 -5032 F44rklmile Numbers GA[itfootAmouht $25,4,17OQ Ypti TV rb�itep =: � 1�stx��� �]ec�s re�scsr�e, env�.�acsrt!�Gal 4bcmmnko 1CSQA & 0900 for t]xe v're'st Exit RAMP- ��y of�4a �sa�ammuri��.,a�veJe���er�v Rct(O}sfl.tRr Vooposals Eoviroomejitel Si ices Paga 33 TQ BE INCLUDED IN PROPOSAL, "HIBfT e CITY OF SANTA ANA, COMMUNITY OLYMOPMENT AOL-NOY ,REQUEST FOR QUALIFICATIONS SN.VIKl0NMr-NTAL.$ePVlO5S that thlovribe n. RFQ (Ol'on)(0aft thereof specifically designated and ft Q(ty Of 0lania Alfa, hereinafter Oily.) shal[ ophtfitffle ttae etatii d i ement to twean proposer APO t grify-4fto ed4y c; city 0ouno'kendicr-000hy0i Owl( of the 0,,oqnc4'1 with her , t� It has Ooeq accepted th *qn*rq°pn4,,WWal qwPoonghono, on the option, pf.approyst by the Executive Director 6Ph'i6,duly,,aUlhori2e0 agent, and signed by the City, AttoMe, den 'C 'p ro -a(q, form for this _,y kq �pj and when itor-an exaotcopyqf'jt,' ohs b tf eflther rtgJiuert d toproposer- or d0pd00d,WItb`thO UhRod-States- Postal Sorvtoe properly addressed to the proposer witfi lhe correct postage alffiaCed thereto'. 60,t8es that Upon dellvory (a& defined at Qve) pf'th"qcap(ioq aginso in eilt,helshewill furnish , CttV',VIir,0qt,rftd tjonds.orW certificates of tiobtlity insurance withim ten (40) days (excluding Saturdays, Sundays old city'o, J000i hofbaoys)�, or the funds,, check draft, or pffipdsar'i�,,W hdd`aftstftled in lieluthereof owernponymp, 04 orpposol shaft o4coms the property *f',the,Orw-;ara-,Ahw I DO considered as pAyMen t of datr ifit, doloylond,otilor causes s offdrpd,l>y, Oity b aospso of"(41ju relp enter into on Agreement jondl 0 orfurnlah nppeupry-,0on( d-b (s on by ity is qrt-aJt othe MIs esaidfu 0 s, shop k dm oci or prqpqsqr's Fond substituted -in hau thereof sh6lPbere'tuFfiedl,to,,,fho-unoer,4igDed. proposer apropocal i's roqoired for -the of that tho 01)(tpoted quontitipscot forth In the RP lsohedale are sdlel}r far fire purpasetrf comparing prrrposais, and tbptlin a[ compensation uncl%r the (,,OTI,te,tt.itt�Wj'ttb6�bAse-d;upoti+the,,actuaI qwantI(lesofwqrkcajj6 pp Mpiq ft Work6r&l Obmpensatloi 6WO 00eclffdWty -Ab Ottbl"thit RFQ; TRC'S"oautlo'xl's, xte r Oan'traotors, ardlho 106.01s dkqreom�ml, and are )D"id' ZaftdMe rtdf doe 15, n13 TO BE INCLUDED IN PROPOA EXHIBIT F CITY OF SANTA ANA COMMUNITY DV040P-m5NT-AOONOY PROPOSAL AND, CONTRACT AGREEMENT CERTIMOAT1,04OF NOWWRWINSTION By CONTRACTOR 000mr,,durilig the porforffif 0, 00 0 as (6110m: of Oy amp byda ftr4pplioartt'ft3rehrplayiW t booauto of retie, corms, refiglon: err„ Qr rtatitYnal orrgizl, Thd Ctsrrtrarltbr assail ta�� dfif#trlfstirt� aetiran tc+ dnsure"•thuf: appieAP14 areaftloyed, and that employoos a re treats rado,0616r,noli 4 o, trio following, O"notWmant, dsvhdfionst or transfer, recruitment a4ye, r10 rates of and Wbobon fbrftftli�qj iftkidthAApprentrodship, Tb&e'00htractor agfts Ohd 'febo prostfdod-toftf the proVisions of fK[,s ndn'dl&4jIMInOtibft 0140,�' 2, The 0,00-100-tot, 041,10,all s-61WIMorlsor. nclVemsernoriwi fore M, p , lbiyodt piObeO bry, dr-oA WhARV fhe applWants VAIJ f0reoloyMent without regardlo rqqp� qqfor, Mlfgjorraex" or rwWna I prig[ n The Confraotor shall sersd #o each labor Anion orroprosantaltve of utlCera tvittt w_ bbllabuvd beYgaining reeriier is or other cantraO or understanding, a pptlock to be provjdad advising the reprooentative of the Untractoevzomornitments urlderthis section, and oonsplauaUs' placoo, aVail4ble'lld for 4, Tlho Conus r Exaoutiva-Ordor 11N, W I�Optotnbsr �4, 'Mft, sod of the h regulations, and order ofthatoprefory"of Witoor"OT'Rgroggnt tfierce O' and Will her boobs, teo'ord§, and Omp, nPOY pki"sms of iitvesfigaffon,, td ascei taitt ooii pltaitttd with tudhirulft, Oppof,tho" rogWatlops, or orders, tho,ow traot olay Ike 0000lod,Wrm (%W, or siosoonaed, in, aid t;wIprj' woslq PTT'o parvAaO','(ho,pqp!,rO,*r maybe 400(groid 044 on rwe forfq(the _rOOA-m pto or foderaliy tne, - contracts in 1p;ordanosynth propedurea puthorized In E-ka&UtIvbmwbra 1,1-2,46'of, ftpternber24,146,!�, end -soph- other a 1- rends, fts IhVdkdd as OfOVId6d in Executive Order 11246 af5eplomber 24,, ,T40 or ky ruts, regulations, of L6bdr� & asothorwise- prevjded.tiy IAW. and the, no Community DavelopmenvAgemy Prqpo * rules, ragplatiori;5,, or orders of1h,0-,,Secretary of Labor Issued pursuant to Section 204 of Execubve Order 11246 of SjDptemj!er24, I 66, sothotsuah proyfsions will be4)indIng upon each subcontract or purchase order as the a0mIn.i§jerlrTg agency -may direct as means of enforcing such provisions, including sanctl'Qnsfor nonoompiianoe; provjded, however, that In the event the C'ontrpotor becomes involved in, of Is thfaltdriedIwith, litigation with a subcontractor or vendor as a result of such direction by the adtrilnlsferino`agOocy the Contractor may roqueW that the United States enter suoh-41tigiation to protect the interests oftho U#04,6WOs', 8, Pursuant to California L,44wOode 00(160 1746. OS added by Chapter 0.4'3 Slats. 1039E and as amended, no ots orl rr 000ton shgli 4,0, Inode, in' the, employment of porsons'sWooso of rtaos' hettojous creed, color, nattonaiodo, f,{gpoagtfy,'h si handt caps, mental condition, MOW statvs-or sex of such persons, excepAap Provided in-0,P01(op f420, and any bontractor via ating tNsftofI6pJi, plbje t ,' �F -P to 611 the,porvdlftes imposed for avf*tion,,of4lhevOhapter Tn TITLE N , 0,90,116 David zarider oat'Gher 150 �0'13 DATE MIMI 0-17Y OF SANTA ANA COMMUNITY p v4LOPM NT RSidUMTC POR,Q JALfFICAT[O,N$ �fO�R, EEN:U R NIVI NTAL SSRVIC NC NrCCOt,Ltt (t AFFI 0 AV-IT ' JA ANA ,t.�ktn��t4'�N APPIQA�T tTtkla tlritedtptoa, ode SeCOn t t2 aid Pubffos�ntCaot Coda Seofloi?' 7t0 To fho Ci�lof't ` NTA At 11AMUNI TY`DEVELOkMtt4!1`AGENCY irf oaoordanoe with Tkflra ti ted Stekrl "nits. ae `bn 1 U,,o d Pubff� Conkraot Cotle 7`1 -0 tho Pf PWIEl r�eol�irestfiat khir�tz7d fs net hsad� 1>hTylt��t�rtn %,rrC aCt tehalt c7t�.�� wndisetosed �csQrs, p�C£r�f�?�< cogcpagy, ass6eiatton, organizottort ,or o , r a loh; fffat the bfd F geTaiur s:and ttet aoll ilia e of sfaatn 11apf ltsa PROPOSER tare rtotttirfefiy dC tttdfreofkyatadq#ked fsr5oligt% ctAny ottter PRkPBRto pt mffoo orohr bidk aril kies.ttot ditestty,or indtr ratty ttiudad_ taapired, gonmivddbr.4,i aivakh ary P, (fit )5 FA QCm Xo ' elstttkrti put lo, a" shut» girl, aY titanyone�haif Cp(jarn ti ezm:'klatlt3Pn teat tt[CZ FYIPCSf has nwt t7�`!Y ttlarltr#r dfrkiy or IrrcffCgly a oarghlsy apreonaent, ct#rtttirunttsattax] 4r oonferetlsayvtlth anyor tp fix ;ttas °fttl prtoe ok4o, F i PMER orZony Pt lRq$15R, prt6 kits any dvorhaad prW', or;oafleligm, a t•ofthe bid ofiob, 0 o*atofAby gfheC f , or to spouro ohy, fWadtooeagelnsf the pufifio bo t .awarriir�g #he:i ntaeot of` ataytitao interaater irrtite proposed eontradt lhaf atf otomohto ooritaftaed fn thebid are true, and, ft3ltfieF, tf A tlto G nlen fttppep or#livufge+ ihf rrnati ri tldta isle tfsr 'iheP 1, qr p0d, acid Will not paY, My f46,10 40Y, aarfiaatian,.partCtarpiltp, oopaiasaiaeratttiPis iai'garafftoh, hi d.doplsitot3!, or:to prey tnembet Ot agn# ftaa 'dit4�affectuateTakcolttastrpr sh;tgt `litd�. N ot&e Th6 akatave i+kpta oetltte M Atti400t iu part 9( Thai°ropMI ft 0 ffid this ProP09W 04 PP 1SOrkftsfti:kttdfeofettafl afsa cdristffu#�xsigi�rafute qi "ktsallon= eolltisPoti �°fpdaa�ik. Pf��7#����-ars. oautiohed tYiuf,.nisffjttgr� felae�oo�tli'icat�mn rraoy�rfEaJscttfie cefttfief�tr;�rininal pto's€aout[gn� State of catlfora craufskYtsfe OvIl ,r`boO and $0,M,Ato. jpr ffi_:�r I b ore the eiiti�s � AAy of , - _ by David 4,ar— teat e to ikte_ n the bis of aaf`� actory evideneete 11w, ers000). Nk 00- oopeari'•d befa(ro me;. A S Nofaiy- Pubtio.�9igriattlre �tatarYPufaliov��l- P,ggowv' ,O,talI6of-CaIIf6rn!a - On before —)CL" fraa OcU1,287 io me, Orr the fists of tyF the that h0l"kft. 00 A - Mod r 1 the 04MO In 'delied4W, and that by hlAw4WK $iVgtprv*'--,m the instrurnent the 0 'ptialf of whloh thy: ,r- t6p'*nj(ty, �q ppq I OWIVY (Aft PEMM OF MAJURY cinder the taws, of -the. State. of Calfforrila that the foregoing; panagaph WoWzpo pp(ma I I OprmNAL 60o4mant DO* , , , 144nifior ot,04es: I 6404f, El Aftf0*10fea, Q AlWhO Q Tr4oft 0 Twgfoo cl, 11 04arolah or Qoqsovow 0 OtNk, Tj Other 6404f, EVANSTON INSURANCE COMPANY CERTIFICATE NO.: 2014 -24 CERTIFICATE OF INSURANCE SPECIAL EVENT LIABILITY PROGRAM II PRODUCER I PUBLIC ENTITY (ADDITIONAL INSURED) Alliant Insurance Services, Inc. in conjunction with City of Santa Ana Apex Insurance Services �/ y_O D/ 20 Civic Center Plaza P. O. Box 6450 N- oe011 -16- Santa Ana, CA 92701 Newport Beach, CA 92658 License No: OC 36861 NAMED INSURED (EVENT HOLDER): Nora Sanchez 15681 S. Myrtle Ave. Tustin, CA 92780 EVENT INFORMATION: TYPE: Preschool/Daycare DATE(S): 02/11/14 — 12/31/14 LOCATION: El Salvador Center *Liquor Liability Yes ❑ No * *Liquor Liability after 12 am ends before 2 am ❑ This is to certify that the insurance policy listed below has been issued to the above insured named (event holder) for the policy period indicated. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy listed and it does not constitute a contract between the insurance carrier, authorized representative, producer and certificate holder. The insurance described herein is subject to all the terms, exclusions and conditions of such policy(ies). INSURANCE CARRIER: Evanston Insurance Company MASTER POLICY NUMBER: SEP41014 MASTER POLICY DATES: EFFECTIVE: JANUARY 1, 2014 EXPIRATION: JANUARY 1, 2015 COMMERCIAL GENERAL LIABILITY OCCURRENCE FORM DEDUCTIBLE: NONE General Aggregate Limit $ 2,000,000 Products & Completed Operations 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence Limit 1,000,000 Fire Damage (Any One Fire) 100,000 Medical Payments (Any One Person) 5,000 Liquor Liability (If purchased) 1,000,000 Optional Limits Purchased ❑ $1,000,00053,000,000 ❑ $2,000,00052,000,000 Property Damage (If purchased) ❑ Limit $50,000 Deductible $500 ❑ Limit $100,000 Deductible $1,000 The limits of insurance apply separately to each event insured by this policy as if a separate policy of insurance has been issued for that event. "Who is insured" is amended to include, as an insured, the person or organization shown in this schedule, but only with respect to liability arising out of the ownership, maintenance or use of the premises used by the named insured (event holder). This insurance does not apply to: Any "mcuffence" which takes place after the event holder ceases to be a tenant in that premises. OTHER ADDITIONAL INSUREDS CANCELLATION: Should the above described policy be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy Provisions. AUTHORIZED REPRESENTATIVE: DATE ISSUED: February 11, 2014 by Briza Morales A '® CERTIFICATE OF LIABILITY INSURANCE 06/24 D06 /24 IODIY/2013 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 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 pollcy(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 lieu of such endorsement(s). PRODUCER 1- 770 -552 -4225 Greyling Insurance Brokerage CONTACT Jerry O No y L8 PHONE FAX c N E ; 770- 552 -4225 AIC No: 866 - 550 -4062 450 Northridge Parkway g Y Suite 102 EMAIL ar no o1a® re tin com ADDRESS: 1 ry• Y g Y g• GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Atlanta, GA 30350 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Zurich American Insurance Company EACH OCCURRENCE Matias Ormaza INSURED INSURER B: American Guarantee & Liability Insuramcni "MED EXP(Any one parson) TRC Solutions, Inc. INSURER C: American Zurich Insurance Company X Contractual Liability INSURER D: 123 Technology Drive INSURER E: 7rney Irvine, CA 92618 INSURER F : COVERAGES CERTIFICATE NUMBER: 34341654 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 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMIDD /YYYY POLICY EXP MM /DONYWY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR GLOS472507 -01 qq��pp��¢¢ggr� 32': Si6dV Ma; '� 7001y �' Oa' "4 "- ^ EACH OCCURRENCE $2,000,000 PREMISES Ea occ RENTED PREMISES Ee occurrence $ 500,000 "MED EXP(Any one parson) $ 10,000 X Contractual Liability �)Sr, A5SI5ta . _...+•°° -- ^^^".- ` J (QIZ[(K It CCItU AtIf 7rney PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,000 POLICY X PRO X LOG $ A AUTOMOBILE LIABILITY BAP 5472506 -01 07/01/1-- 07/01/14 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY I NJ U RV (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS $ B X UMBRELLA LIAB X OCCUR AUC- 6547767 -04 07/01/1 07/01/14 EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 EXCESS LIAB CLAIMS -MADE DIED X RETENTION $ 0 Is C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETORIPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA WC5472508 -01 07/01/1 07/01/14 X TCITAT S OE E, L. EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE_ $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability EOC 5472532 -01 07/01/1 07/01/14 Per Claim 15,000,000 Including Pollution Liabilit Aggregate 20,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana CA 92701, its officers, employees, agents, volunteers & representatives are named as Additional Insureds under the General Liability & Automobile Liability where required by written contract. This insurance is primary & non - contributory over any exisiting insurance & is limited to liability arising out of the operations of the named insured & where required by written contract. Waiver of Subrogation is applicable where required by written contract & allowed by law. CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ,TNOyola SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza - Ross Annex (M -36) AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 USA ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ,TNOyola POLICY NUMBER: GL05472507 -01 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): Locations Of Covered Operations Any person or organization to whom or to which Any location where you have agreed through you are required to provide additional insured written contract, agreement or permit, executed status in a written contract or written agreement prior to the loss, to provide additional insured executed prior to the loss except where such coverage. or agreement is prohibited by law. 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, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. I , CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM POLICY NUMBER: GL054 72 507 - 01 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 Organization(s): Location And Description Of Completed Operations Any person or organization to whom or to which Any location where you have agreed, through you are required to provide additional insured written contract, agreement or permit, executed status in a written contract or written agreement prior to the loss, to provide additional insured executed prior to the loss except where such coverage for completed operations. contract or agreement is prohibited by law. 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 ZURICH Other Insurance Amendment — Primary And Non - Contributory Policy No. Exp. Date of Pol. Eff. Date of End.. I Agency No. I Add[. Prem. I Return Prom. 472507 -01 7/1/14 7/1/13 5266000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TRC Companies Address (including ZIP Code): 21 Griffin Road North, Windsor, CT 06095 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, is amended per the following: 1. The following paragraph is added under a. Primary Insurance: This insurance is primary insurance as respects our coverage to an additional insured person or organiza- tion, where the written contract or written agreement requires that this insurance be primary and non- contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added under b. Excess Insurance: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an addi- tional insured, in which the additional insured on our policy is also covered as an additional insured by at- tachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit ". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide cov- erage to the additional insured on a primary and non- contributory basis. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. ,) U -GL- 1327 -A CW (3 2007) Page 1 of 1