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HomeMy WebLinkAboutENVIRONMENTAL ENGINEERING 1AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.}P; Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you have'}3 } questions. _ � ' 3 ----------------------------------------------------------------- The agreement �-)71 Cna) was completed on /O /V ( , and final payment has been made. 7j {�- 2003-111-3 Elb) Department: NA- WAS $ A 0 3 clA) Signature: _ Date: City of Santa Ana Revised 4-16-87 Clerk of the Council MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCILMEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio May 2, 2005 Qdµuvon est CITY OF SANTA ANA PUBLIC WORKS AGENCY M-85 P.O. Box 1988 Santa Ana, California 92702 John Shaffer Environmental Engineering and Contracting, Inc. 501 Parkcenter Drive Santa Ana, CA 92705 RE: Extension of Consultant Agreement A-2004-073 Dear Mr. Shaffer: CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Pursuant to the Amended Consultant Agreement A-2004-073 you entered with the City of Santa Ana on June 30, 2004, Section 3 - "Term", the time period of the agreement is hereby extended from June 30 2005, until December 31, 2005. The insurance certificates and Additional Insured Endorsement are required to be extended and/or renewed to cover this extension. All other terms and conditions of the original agreement remain unchanged and in full force and effect. If you have any questions in this regard, please feel free to contact my office. aures G. Ross Executive Director Public Works Agency Mike Vigliotta Deputy City Attorney INSURANCE NQT ON MILE A-2003-171 WORK MAY NOT PROCEED CLERK Of COUNCIL DATE: CONSULTANT AGREEMENT C' pw% - THIS AGREEMENT, made and entered into this lfr�i— day of , 2003 by (R • and between Environmental Engineering and Contracting (EEC) Inc., a Cal fo� oration (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation +1� 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 sewer system fats, oils and grease characterization 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 from a professional consulting finn 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 perform those services as set forth in Exhibit A to this Agreement. 2. 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 $243,540.00 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. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. 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. 5. 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 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 C 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. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by 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 fumished 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. 6. 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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. 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 a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. 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. 8. 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. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and, Ray Burke City of Santa Ana 220 S. Daisy Ave. Santa Ana, California 92703 Building A, M-85 telefacsimile (714) 647-5654 4 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: Environmental Engineering and Contracting, Inc. 501 Parkcenter Drive Santa Ana, CA 92705 Attn: John Shaffer A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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. 12. 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. 13. 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. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the 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. 15. 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 of this Agreement. 16. 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. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: 4 � L4-"� Michael Vigliotta Deputy City Attorney APPROVED AS TO CONTENT: James G. Rofs Executive Director of the Public Works Agency CITY OF SANTA ANA rACI7 - DAVID N. REAM City Manager X—GW6111-W1I:\►�11 A JoWhaffefrl P ident Employer ID # or Individual SS # r�i- Tx TD -4 33-0&6sr2e EXHIBIT Q City of Santa Ana Sewer System Fats, Oils and Grease Characterization Study Scope of Work Task 1— FOG Hot Spot Characterization: EEC will meet with the City's sewer line maintenance and engineering staff to review all sewer hot spots. The available data on hot spots will be reviewed in detail to determine the potential grease related locations. EEC will work with the City and the existing database to identify the grease related hot spots. 2. EEC will develop a Hot Spot rating system to prioritize each location for repair/replacement. City staff will be consulted to determine the appropriate rating criteria. Task 2 — Food Service Establishment (FSE) Characterization EEC will physically inspect the FSEs located in the City of Santa Ana. Of the approximately 700 FSEs, a minimum of 500 shall be inspected. A unit cost for the inspections is provided under separate cover. The FSE inspections will include the following: Kitchen equipment (Deep Fryer, Wok, Grill, etc.) Kitchen drains (Sinks, Garbage Grinder, dishwasher, trashcan wash area, etc.) Grease Removal Equipment • Grease Interceptors, if any (size, design, location) • Grease Traps, if any (size, design, location) • Others - Evidence of Kitchen Best Management Practices (BMPs) (employee training, drain screens, yellow grease collection, signage, etc.) - Trap or interceptor maintenance (inspect interceptor, maintenance records, brown grease collection manifests) - Spill prevention/clean-up practices - Examining the menu and FOG usage (Material: oil, grease, shortening, fat, etc.; Sources: beef, poultry seafood, etc.) - UPC items (maximum meals per hour, retention time, and storage factor) - Feasibility of installing an interceptor or trap - Grease disposal practices and records 2. Upon City approval, EEC will prepare and hand deliver a letter to each FSE informing them of the purpose of the inspection. The letter will be translated by EEC into Spanish and Vietnamese. All contact with the FSEs and arrangements necessary to perform the inspections will be performed by EEC. The City may want to consider printing the letter on the City's letterhead and having it signed by a City official to legitimize EEC's inspection. EEC and their subconsultant ECIS have already drafted similar letters for other cities and agencies. 3. EEC will educate/inform the FSEs of the importance of minimizing FOG in the sewerage system and the requirement to minimize SSOs to protect the environment; the upcoming FOG ordinance (or recommendations from the FOG Control Study); and provide recommendations for improving BMPs and reducing FOG discharge at the FSE. EEC will utilize existing flyers (e.g., the County Pollution Prevention Flyer for Food Facilities). If the City would like EEC to prepare additional fact sheets, EEC can provide this cost at a separate cost. EEC's FSE Inspectors speak Spanish as CS387FORM.C:�ts and Smmgs mvigliutlaLLucal SettineTeiryu Intcmct Fi1rr%0LK1CT4Xi Agrzettwnt Packs for city Atwtn &c EXHIBIT well as English, and EEC will supply a Vietnamese interpreter, if necessary, for the Vietnamese FSEs. 4. EEC will create a database to store all of the data collected in the inspections. The database will incorporate the data provided by the Orange County Health Care Agency and will be provided in a format approved by the City. For the sake of this proposal, EEC is assuming to use Microsoft Access. This database can be used later by the City to conduct ongoing FSE inspections as part of a FOG control program. Copies of all inspection forms will be provided to the City. 5. If the City would like EEC to provide the FSE Characterization data in GIS, EEC will provide this as a separate cost once they have met with the City's engineering or GIS staff. Task 3 — FOG Source Characterization The City has identified approximately 54 sewer hot spots that are not siphons and require frequent cleaning. Working with the City's staff, EEC will identify the contributing factors at each hot spot and recommend corrective actions. EEC will assess the hot spots by first cleaning the sewer lines (assume 72 hours for this agreement) and then by using CCTV inspection (assume 72 hours for this agreement) to confirm the causes. All factors contributing to each hot spot (i.e. roots, FOG, offset joints, sags, etc.) that appear on the CCTV evidence will be identified. EEC will first utilize CCTV tape already performed by the City where applicable. EEC will subcontract for additional cleaning and CCTV inspection to complete the assessments, as required. Payment for cleaning and CCTV work will be at the rates identified in the Fee Schedule (Attachment B). EEC has included in the fee proposal a unit price for CCTV inspection. 2. For the hot spots that have FOG identified as a contributing factor, EEC will assess the potential FOG sources upstream of each hot spot by inspecting the area and the sewer laterals. For the sake of this proposal, EEC assumes that 100 CCTV sewer lateral inspections will be required. EEC has included in the fee proposal a unit price for CCTV sewer lateral inspection. All contact with the private property owners and arrangements necessary to perform the lateral CCTV inspections will be performed by EEC. EEC may require assistance from the City (e.g., a letter from the City) to provide legitimacy for the CCTV work. 3. Deliverables — EEC will submit the results of the FOG Source Characterization task to the City. EEC will provide VHS tapes of the CCTV inspections in a format approved by the City. EEC will also provide letter reports summarizing the CCTV results. Task 4 — Characterization Report EEC will enter the data generated from the previous tasks into a database in a format approved by the City. EEC understands that the City intends to utilize all of this data for future infrastructure planning and FOG control programs. As discussed above, if the City of Santa Ana would like to link this database to GIS, EEC will provide this service as a separate proposal. The GIS would allow the data to be easily managed, retrieved, and updated. The sewer line cleaning staff and the FOG control staff could utilize and retrieve the same information to assist each other in the FOG control efforts. For example, the FOG Control Inspector could query the GIS on the most current status of all level 3 hot spots based on the sewer line cleaning staff s monthly data entry. The inspector could further query the grease removal equipment status of the FSEs upstream of these hot spots. The inspector could then print this information and present it to the FSEs to educate them on the importance of kitchen BMPs and installing and maintaining their grease removal CS 387 FORM: Ci �Dcurvtt,ttm and Senittp vigliott` Local SvttweTCnam Intro HaMK ICFOG Agtaaneat Package for city Attomey.duc equipment. Together, they can work to reduce the level 3 hot spot to a level 2 or level 1 hot spot for the benefit of the City and the FSEs. EEC will prepare a comprehensive FOG characterization report. The data from the Hot Spot characterization, the FSE characterization, and FOG source characterization shall be integrated into this report. Some of the objectives for this report are as follows: o Identify the causes contributing to each hot spot, and provide recommendations to correct each hot spot. For grease related hot spots, determine the specific causes of grease accumulation and provide a basis for tracking the progress of removing grease hot spots over time. Provide objective information (e.g. causes of hot spots and FOG sources) to design a logical FOG control program that is based on specific facts. 0 Provide a collection of specific FOG source information (e.g., kitchen BMPs, technologies, FOG loading) that will provide a prioritization system for FSE inspections and an effective approach to FSE inspections. The future FOG Control Inspector and the sewer line maintenance staff will be able to use this FOG Characterization data to focus their resources where they are needed most. 3. Based on the data from the FOG Characterization, EEC will provide recommendations to the City of Santa Ana for development of an effective FOG Control Program. The `Backbone Ordinance" included in the FOG Control Study Phase I report can be utilized as a basis for the recommendations. CS 387 FORM. C:%O ummssm SnsmpSmnglkmi.Local Shcngs�Tempu lntm FBes'OLKI�Aprae l Package for cny Amm�.d ATTACHMENT B ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. FEE SCHEDULE The proposed costs are presented into two segments. The first is for the tasks which the City of Santa Ana has requested to be proposed in as unit costs and, the second, will be presented as a time -and -material estimate for the other portions of the RFP. The scope of work for these Tasks are detailed in the attached Scope of Work section. Unit Cost Estimate Task Activity Item Cost Total Cost Task 2, Item 1 — EEC will inspect a minimum of 500 FSEs Fixed Cost $40,000.00 FSE Inspections pursuant to the scope of work at the identified cost. The cost for each additional inspection or Unit Cost removed inspection will be conducted at a $60.00 unit cost rate (minimum of 400 required). Task 3, Item 1 — EEC will assess the 54 hot spots - provide Hot Spot CCTV oversight, review the CCTV data and Inspections provide recommendations for each of the hot spots at a unit cost rate. The Remainder portion of this task will be conducted on a time -and -material basis. Time and Material Items Sewer Line Cleaning (72 hrs x $125 x 1.15 mark-up) CCTV Inspections (72 hrs x $165 x 1.15 mark-up) Onsite Supervision (Project Engineer) (24 hrs x $95/hr.) Mileage (100 miles x $0.42) Unit Cost $18,360.00 ($345.00 each for the 54 hot spots) T&M $26,334.00 $10,350.00 $13,662.00 $2,280.00 $42.00 CS 387 FOK C.�D um is a M. Satings`mOglmtaLLo Sntmgs`.Trnp Info Fflm�OLKICVOG Agrttnsnt Pahagc for city Aitornq,dtt Task 3, Item 2 — EEC will assess the sewer laterals upstream Fixed Cost $33,000.00 Sewer Lateral of the hot spots. It is assumed that 100 CCTV CCTV lateral inspections will be required Inspections pursuant to the scope of work for a fixed cost. Any increase or decrease in the number of Unit Cost CCTV lateral inspections required will be $300.00 assessed at a unit cost rate. Time and Materials Cost Estimate The scope of work required to complete the remainder of the work requested in the proposal will be completed on a time and material basis. The projected costs will be base on the projected time required to complete the remainder of the tasks and the hourly rates for the individuals performing these tasks. The estimated costs are as follows: Action Ouantit Units Rate Costs Principal (Program Manager) 80 Hours $175/hr $14,000.00 Associate Engineer (Project 280 Hours $135/hr $37,800.00 Manager) Consulting Engineer 40 Hours $125/hr $5,000.00 Project Engineer 40 Hours $95/hr $3,800.00 Sr. Staff Engineer 20 Hours $85/hr $1,700.00 Database Analyst 260 Hours $85/hr $22,100.00 Staff Engineer/Scientist. 120 Hours $75/hr $9,000.00 Data Entry/Clerical 80 Hours $50/hr $4,000.00 Mileage 600 Miles $0.42 $252.00 Misc. Material and Supplies $5,000 Dollars Cost plus 15% $5,750.00 Total Time -and Material Cost Estimate $103,402.00 CS 3g) FOftN. C %Decamenrs and Sca nremvijlkata\ ocal Settmga\T� Iniemet FiWOIKIC\FOG Agree scat Package for uty Ait m .doc 1*A4.11:300 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 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 Policy #. Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative PCL XL error Warning: IllegalMediaSource 'RltU Insurance Services, Inc. ` 1913 S. Pullman St. Santa Ana, CA 92705 INSURED Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive Santa Ana, CA 92704 rnvcownca ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR INSURERS AFFORDING COVERAGE NAIC # INSURERA: American International Specialties (AI( INSURERS: Peerless Insurance Co. (c/o Golden Eagl INSURERC: Granite State Ins (c/o Western Regional INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTANDIN+ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE MTF IMMAKUYVI POLICY EXPIRATIONjjx DATE WMADQAfYI LINKS GENERAL LIABILITY 1063979 05/04/2003 05/04/2004 URRENCE $ 2 000 000 X COMMERCIAL GENERAL LIABILITY O RENTED S 100.000 CLAIMS MADE OCCUR EXP one person) S 10,000 A X Errors & Omissions &ADV INJURY $ 2,000,00 tGENERAL Incl Pollution AGGREGATE $ 2,000,00GENT AGGREGATE LIMIT APPLIES PER: - COMPIOP AGO $ 2,000,00 POLICY JEc Loc POLLUTION DED. S5,000 AUTOMOBILE LWBLITY CEP9589097 04/30/2003 04/30/2004 COMBINED SINGLE LIMIT X ANYAUTO (Eaamident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY E SCHEDULED AUTOS (Perpereon) B BODILY INJURY S X HIREDAUTOS X NON.OWNED AUTOS (Peracddent) PROPERTY DAMAGE E (Per aWdent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC E ANYAUTO AUTOONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR FICLAIMS MADE AGGREGATE $ E S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND WC0757288 05/24/2003 05/24/2004 X WCSTATU- I OTH- WITS ER EMPLOYBRS• LIABILITY E.L. EACH ACCIDENT $ 1,000,000 � AHY P.40PRIETOR/PARTNERIEXECUTA.E -- - -_. E.L. DISEASE - EA EMPLOYE E 1, OOO, QQQ RIM OFFICEEMBER EXCLUDED? yes SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT S 1,000,00 THERSIGNAL 1063979 05/04/2003 05/04/2004 Aggregate: $2,000,000 PROFESA LIAB. LAIMS MADE FORM retro Each Claim: $2,000,000 ate S/4/98 Deductible: 420,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCL IONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is named as an additional insured. lO day notice of cancellation will be sent for non-payment of permium. "Alteration of cancellation wording does not apply to Auto Liability!". City of Santa Ana, its Officers agents and employees Attn: Steve Warral P RQ 20 Civic Center Plaza Santa Ana, CA 92701` ACORD 25 (2D01/08) FAX: V. AS TO Deputy City Attorney, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1R()i&yx* H)6YX1(YKMx 2-d SiFEEL491IFIL sTijoM ollgnd CACORD CORPORATION 1999 d84:60 ED 61 daS .td9<242003 08:33 E.E.C. 4 6476515 N0.411 D04 Under Coverage A, lef clent9 whom you nave agreed, by written conlrA , to include as adOCronad Insureds, but 1S' only for Qability arising out of Vern VMk, and eYcA4% dllibililly W" an a such diems erre nepliaence. 6. Under coverage D., each of the following is en insured: a. The person or artily designated as are Named Insured In horn 1 of pis Declarations; b. Any person who is or was a partner, officer, dlracto►, Mckholder or employee of the Named Insured but only while rendering prolasalonet sarvtM on behalf of the Named insured: and c. The hairs, exeCulOrs, adMInietrMts. and NO represerrmdves of each Insured ea defined in pmagrapla a, and h above in Rre event of Well, Incapacity or bankruptcy of the insured, but only with respect to 9ablYty seeing out of professional sarvioss rendered by the Named insured prior to such Insursd's death. Incepacityor bankrupwy. SECT(ON 111- LiUrM OF INBURANCE AND DeDUCTIBt JE s. The Urnita of Insurance shown in pea Declarations and the rules below fix the most we vest pay regwilm" of Ohs number of: G. Insureds; b. palms made or suite brought; of c. riersons or organizations making claim or bringing softs. 2. The General Aggregate Limit is the most we will pay fix the sum of; a. Medllxl srpenees under Coverage c; b. Damagss under Coverage A. ail apt damages, other than those covered under paragraph (6) of Exclusion f., PDllurlon. In Secdon i., Coverage A. because of bodily Injury or property damage Included in the p►oductKanpfafad operations hazed c. Damages under Oovarage B; and d. Lose under coverage D. 3. The Products -Completed OperadDns Aggregate Urnit fe the most we will pay under Coverage A far damages because of bodily Injury and property damage included in the produr fa earnplated Opellti0M faraard. 4. Subject to 2. above, the Persona( and Advertising Injury Limit is lire moat we win pay under Ooverage 8 0 ere sum of all damages because of all personal and adfertising injury sustained by any am person or organization. 6. Subject to Z or S. above, whichever aWma, the Each Occurrence Limit is the roost we will pay for the cum at: a. Damages under Coverage A; end b. Medical expenses under Coverage C, because or all bodily Injury and property damage ariaing out of any one occurrence. G. Subject to 5. above, the Damage To Premises (tented To You Limit is the most we will pay under Gbverap A for damages because of property damage to any one premises while yarned tc you, or in cess of damage LV fire, while rented w you or temporarily occupied by you with perrNssion of the owner. APPR VED A O FORM 77793 il f 43�i5/Qt) QWAA lncwe.s sop 94W W of In tree s senlumm OFOmo p lee, 7oVI Galeas, Ina � W parmkaian. Cave.ght Imweraa Sert*" Ofts, Ire. tear. Paan 17 Micha igliotta Deputy City Attorney ,09/24;12003 08:33 E.E.C. -> 6476515 Manager, Pollution lnsurarra, Products Unit AIG Tachr" Setvheas, Inc. Enviromment%I Claims Department: 00 Pine Street, Sixth Floor New Park, New York 10008 Fax: (212) 9442761 at other eddreaa(se) as substituted by The Oompeny in liff". S. Legal potion Against Us No person or organ01an bas a right uhder fills Poilcyt IL To join us as a party W otharvdss bring us into a swill %eking for damages from an insured: or b. To sue us on this Policy unless all of no tarries haus been fully sampled with. N0.411 905 A person or organusha+ may sue us to recover on an agreed settlement at an a !furl judgment against an insured attained Mar an ace,at trial; but we will nor be 04616 for danages that aro not payable radar the earns of this Patsy or that are in excess of the applicable umm of Insurance. An agreed aafaamart mane a sedlemenl and release of Fabaity signed by ue, the Insured and the claimant or the claimant's legsi representative. C. OQter insurance AppBaefde 10 Cowerag" A hand B If ocher veld and collectible insurance is "able to an insured for a lose we Cover under Coverages A or 8 of this Policy, our obligations are lkrftd as follows: �IMYnary Insurance 7� This insurance Ie primary except when b. below applies. afkct%d unless arty of the other inlurna a is also primary by the Method described in c. below. b. 699484 l"wence This ineurerr9s is same over: 6 this Insurance is primary, our oblfeadona aro not . Then, ere will share with all fia other insurance (1) Any of the other insurance, whather primary, excess, contingent or an any ather baBA: (a) That to Fire, Extended Coverage, Builder's Risk, Installation Firsk or aimosr coverege for your work; (b) That is Fre insurance for premisae renotd to you or tentporatdy eampied by you with pannissaon eN the owner, (c) That is insurance purchased by you to cover your liability as a twant for property damaga to premises rallied to you Or lemporarfly occupied by you with permission of the owner, or (d) 0 the lose arises out of the malllt%rtenca or use of rdreraR, aulda or watercraft to ft extent tat subject to Exclusion g, Of Section I - COVERAGE A - BODILY INJURY AND PROPMN r3AMAGE LII181LITY, (B) Where you as an insured on a Pofiay for your work performed at a specific job site std that apPfies to a speafic job site. 77793 (b/01) Co*011% Arliniom xaemauenal Croup, Inc goal CI1433 1"Clud" MROQ" as maAriN Of measr¢a sennas 090% Pt VIM na pwynw or. CA* tht Ineunnaa aaMVM 01110111,)00. 1%7. Pma 20 ,09/24%2003 08:33 E.E.C. 4 6476515 N0.411 P06 c. We have issued alis Poky in rellence upon your represOfOW ns. * O 8aperadon dlinautads Except with respect to the Limits of Insurance, end any rights or dutlae speaMceily assigned h this Policy to the fret Named insured, this insurance notes: a. As N each Named Insured ware the only Named Insured, and b. 5eperetely to each insured against whom claim is main or out is brought. e. Bubrogadon If there is a payment meds by the Company under this Policy, the Company shell be subrogated to a1 the inourod'a rights of recovery against ally person at organ) adon. The insured »hail cooposts with the Company NO do wholever is necessary to secure Ureas righte. The Insured shag do nothing after s claim at ooctttl0 9 to waive or praJu4cs suori rights. My recovery as a result of subrogation proceedings arising out of permit under this policy (net of axpanees Incurred in making such recovery) shale accrue first to you to this extent of any payment in amens or the limit of coverage of to PoI4. then pro•rato to you and we in proportion to the amount trach actuary paid in a Trion of Judgment, settlement or defense of s claim. We agree to weave No right of subrogaton against your client to the esters that this you had, prior to a Balm or OaCia afte, a writtan agreement to waive such rigth*. 10. Service of SUN It is agreed that in eta event of our failure to pay any amount claimed to be due hereunder, we. at your request, will submit to the jurisdiction of a Court of competent jurisdiction within the Untied States. Nothing in Ihie coni t orri coeatiitdas or should be undertdaod to constitute a waiter of our it" to commence on now in any court of competent jurlsdicdon in the United orates, to remove an Retort 10 a United States pisbtct Court, or te seek a transfer of a case to another court an permitted by the laws of the United States or of any stats In to Willed Suess, h is lather agreed that service of process in such suit may be made upon GwwW Catawi, Legal Department, American International Specialty Una$ Insurance Company, 70 Pirie Street, New Yorw NY 10470, or his or he► reprosemeti o, and that in any suit instituted against u6 upon this contrera, we will abide by Me final decision of such court or of My eppelbte court in the event of arty appear. Further, pursuant to any statute of any sists, torrftory, or dievicl of the United Stars which metas provision therefor, we herebydesigneta the Superintandertt, Commissioner, (Arector of fnauranw, or oilier officer ape c(fiad for that purpose in the statute, or his or her mor or successors in office as our true and Imearl attorney upon whom may Its served any lawful process In any acdon, suit or proceeding Instituted by or an your behalf or airy beneficiary hereunder arising out at this contract at Ineurartos, and hereby designates the e)ova ramied General Counsel as the person to whom the said officer Is authorized w mail such process or a true copy "leaf. 11. yyfren We Oo Not Renew if we decide not to renew sys Policy, we will melte or deliver to the first Named insured shown in the Declarations written notice of the nonreriewef mat less than 30 days before the expiration data. / frolics is mailed, proof of mailing will be suffident proof of notice, SECTION Y - EICTENDED REPORTING PERIOD - COVRRAGE D I- You may purchase an optionsi sixty (60) month Extended Reporting Period as described in paragraph 3 below, only If: 17799 (6101) CopintpK Ammon Inpnxawnl Group tris. M CI1433 Indoors mprrphw>d nleiene or Insuraloe Sen�as9 tineas Ire .int nt prxn+eern. Copyright, Ineurar ce 8moicwe Once, tic. 1997. Page 22 ,.09,e2Q/2003 08:33 E.E.C. 4 6476515 ENDORSEMENT NO, a Thle eauiaenmaftt, OM PS 120 AIM, May 412003 Forma a Part of Policy No; PROP 1063979 Issued to: ENVIRONMENTAL ENGINEERING 6 CONTRACTING, INC. Sy: AMERICAN INTERNATIONAL SPECIALTY LINES MS. CO. THIS ONCORSEMENT CHAN065 THE PDLICV, PLUM READ R CAREFULLY. AN Oovaraps Pan$ included in ibis PDACII are satOM to the foyokp am itione. N0.411 007 1. The first Named Insured shown in tiro Deoleralions may canal aria Polby by mefiing or dernring to us advance written notice of wrtoelledan. 2. We t�y cancel this Poky by mailing or C110Ming to aro first Named insured written notice of eermallation at a, t c days before the 6l("" dere of cancellation If we cancel for nonpayment of premium; or b. 30 days before the ofecdva due of danoWalion f1we cancel for any other reason. 3. We will mail or deriver our notice to the first Named Insured's last moisng address known to us. JL Notice of cancellation relit sate the a6eeM date of cancellation. TING Policy period will end an that dee. S. y this Policy is corralled, we wAl sand to First Marled Insured any premium refund due. 1 we canto, the rotund will be pro rata. h the first Named tneuied cancels, the refund may be fess than pro rata. Tiro cenoel- lation will be effective even 6 we hom not made or offered a refund. 6. 0 notice is mailed, proof of mailing will be sufflolent proof of none. s. Changes This Policy contains all the agreements between you and us coftt:renino the insurance 41forded. The first Named mewed shown in the Declarefions Is authorited to make changes in the terms of "a Potty with our Consent This Poficy'e terms can be amended o- waived only by endorsement les ied by us and made a part of this lediicy. C. Examinatlon Of Your hooka And Records We may examine std audd your books and M00►de as they reiee to No Paley at any tiros during the Policy poftd and up to three years afarward, D. Inspections And Surreys I . We have the right to: IL 00 17 11 98 PAGE 1 OF a Cl 1430 CapYrlght, Iraurenca Services Office. Inc., 1108 CERTIFICATE OF LIABILITY INSURANCE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR DATE )ACD-RD, 2/0/2a PRODUCER (949);61-533,5 FAX (949) 261-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Environmental Engineering & Contracting, Inc. DBA: E E C 17 -y 501 Parkcenter Drive �G LA 0` Santa Ana, CA 92705 INSURERA: Zurich American Ins. Co. (A:XV) SC INSURERS: Peerless Insurance Company GE wsuRERa Granite State Ins Co WRIS INSURER D: Steadfast Ins. Co. SC INSURERE: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN( ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD -L TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE IMMIDDIYYI POLICYEXPIRATION DATE MM1DDfYY, LIMITS GENERAL LIABILITY GLOS98178901 10/31/2004 10/31/2005 EACH OCCURRENCE $ 2,000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE OCCUR MEDEXP(Anyoneperson) $ 25,00 A PERSONAL &ADV INJURY $ 2,000,00 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $ 2,000,00 17 POLICYF_j PROECT LOC J AUTOMOBILE LIABILITY CBP9589097 04/30/2004 04/30/2005 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,00( -ALE-OWNED BODILY INJURY E SCHEDULED AUTOS (Per penran) B BODILY INJURY $ X HIRED AUTOS X NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO �LJ� / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F—I CLAIMS MADE ( AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC5401397 05/24/2004 05/24/2005 X I WC STATU- I OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOWPARTNEWEXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,00 OFFICER/MEMBER EXCLUDED? U., describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,00C DTH PEC900928701 10/31/2004 10/31/2005 Each Loss: $2,000,000 D Liability, Claims made Liability, Total all Losses: $2,000,000 retro date 5/04/98 Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is named as an additional insured per attached policy form CC2033 This insurance is primary where required by written contract. giver of subrogation applies per the attached CG2404 10 day notice of cancellation will be sent for non-payment of permium. OTE: Tutton Ins. Services, Inc. will notify the certificate holder of cancellation other than non -pay City of Santa Ana, its Officers agents and employees Attn: Steve Warral 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KAXXOM)i MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, mom 10=xYK)kl(d4XdDfM)h]f %"X)W)6xwxWL1 Fa(MMKO"AVWXX) AUTHORQ D REPRESENTATIVE MR 10 ACORD 25 (2001/o8) FAX: (714)667-2310 ©ACORD CORPORATION 1988 COMME'RC1AL Gatti CFUA AIG 20 33 N at T THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARETFULLY- ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement nloditfes insurance provided under the following: COMMERCIAL GENERAL LIA61UfY COVERAGE PART A- Section 11 - Who Is An Insured is amended to include as an Insured any person or organbstion for whom you are performing aporagons when you and such person or crgenization have agreed in or crganiZation he added as an additional Insured an your policy. Such person or Organization U an additional Insured only with respect to liability arts. Ing out of your ongoing operations pedomled for that insured. A person's or organization's status as an Insured under this enciorsament ends when your operations for that insured are completed B. With respect to the insurance afforded to these additional houreds. the fallowing additional exclu- sion., adply: 2- Exclusions This insurance does nut applyto: a. 'Soddy injury', 'property damage' or 'per- sonal and advadising injury' arising out of the rendering at, or the lafiure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys. field or - dorm, d4ange orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering actiidnes- b. 'Bodily injury' or 'property damage' ocemr- ring iter (1) Ail work, indud-ma materials, parts or eouiament funilshed in connection With service, maintenance W repairs) to be performed by or on behalf of the 2ddi- tional inxured(s) at the site of the cov- ered operations has been completed; or (2) That portion or 'your work' out of which the injor damage arises has been put to Vintended use by any person or organiz:"an other than another Contrac- tor or suacontrctor engaged in perform - Ing operations for a prinGpal as a Part of the same proied. rr- an o� in mi 91 lC11 Pv ncnirm Inr 2000 pace 1 or 1 ❑ POLICY NUMBER: GL0598178901 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization_ City of Santa Ana, its officers, agents and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section N — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included in the "products — completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 10 93 Copyright, Insurance Services Office, Inc., 1992 1-f - .11s ACD -RD. CERTIFICATE OF LIABILITY INSURANCE 12/06�z o PRODUCER (949)261-5335 FAX (949)261-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Environmental Engineering & Contracting, Inc. DBA: E E C 501 Parkcenter DriveINSURER Santa Ana, CA 92705 INSURER A: Zurich American Ins Co SC INSURER B: Peerless Insurance Company GE cGranite State Ins Co i WSURERDSteadfast Insurance Company INSURER E: wr_vc V THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPED F INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDOMI POLICY EXPIRATION DATFIMW DMI LIMITS GENERAL LIABIUTY CLOS98179902 10/31/2005 10/31/2006 EACH OCCURRENCE $ 2,000,000 X COMMERCIALGENERALLIABILITY DAMAGE TO RENTED S 100,000 CLAIMS MADE M OCCUR MED EXP (Any one person) $ 25,000 PERSONAL B ADV INJURY $ 2,000,00 A GENERALAGGREGATE $ 2,000,00 -0 - ,000 0OGEN GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 X POLICY PRO- LOC JECT AUTOMOBILE X LIABILITY ANvnuio CBP9S89097 04/30/2005 04/30/2006 COMBINED SINGLE LIMIT (Ea acddent) $ 1,000,000 BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Per... dent) $ PROPERTY DAMAGE $ (Per d.denl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY AGG S ANY AUTO _ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE 'L EACH OCCURRENCE $ AGGREGATE S $ _I L: $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC1S13868 05/24/2005 05/24/2006 - X WC STATU- OTHTORY I IMIT.% FIR C EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? E EACH ACCIDENT S 1,000,000 E.L.DISEASE-EAEMPLOYEE $ 1,000,000 If yes describe under SPECIAL PROVISIONS below EL.DISEASE - POLICY LIMIT $ 1,000,000 ro PEC900929702 10/31/2005 10/31/2006 Each Loss: $2,000,000 D essional Liability, Claims made Total all Losses: $2,000,000 retro date 5/04/99 Deductible: $5,000 DESCRIP ION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ertTfiicate holder is named as an additional insured per attached policy form UGL1175ACW. his insurance is primary where required by written contract.*'Issued cert. with new we policy info 5/26 aiver of subrogation applies per the attached CG2404 °10 day notice of cancellation will be sent for non-payment of permium. OTE: Tutton Ins. Services, Inc. will notify the certificate holder of cancellation other than non -pay CERTIFICATE HOLDER CANCELLATION ACORD25(2001I08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana, its Officers agents and employees Attn: Steve Warral EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL *)WX00M MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KXOrAXXNkXA*XU)LNK& GlMXlXXdMXXL(X4Xdh` X)iX)tX➢SXIX XXX 20 Civic Center Plaza KKdNN(dkA6XA0KMXiMVANXXd(60XXXXMX3K4XXNXUXXXXXXXX AUTHORIZED REPRESENTATIVE Ik Santa Ana, CA 92701 Stanley Tutton 7ERMAI ACORD25(2001I08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 Additional Insured — Automatic - Owners, Lessees Or ZURLC'H Contractors - Broad Form Policy No. 11 Eff. Date of P.I. I Exp. Daze of Pol. Eff. Date ofE d Pr d Add'1 Prem Rete P rl L��-vM. 598 1 7 8902 1 I0 3V20ob 1 10/31/2006 1 I$ � f THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 07 is amended to include as an insured any person cr organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertils- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", Performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: L We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of.- a. f:a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or 2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, �hiylge orders or drawings and specifications; and ^7 U-01.1175-ACW(9/03) _.._._.-... Includes copyrighted materlal of Insurance Services Office, Inc. with its perrnission. Page 1 uf2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-GL.1175-A CW (9/03) Page 2 of 2 Tutton Insurance 1/13/2006 10:01 PAGE 001/001 Fax Server POWYNUMBER: COMMERCIAL GENERALLIABtUTY THiS ENCORSmwarT CHANGES 7HE POLICY. PLEASE READ RCAREPUIIY. CO 24 bio 10= WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS T7ia endoraetnent median h�naubce proddW YnaersM hAaAvh� COMMERCIAL. 606PAL U1BII.ITY PART: 7hb andommerd4hangn OIa pelioy efoUMe art fhsiroap3an dahoftlfepdOcy wdeasarro3ber der b bfdlcaPed betcac Endereemnda3ec&e Pdh.TPb. 10/31/2005 GLO598178902 12o1A.M.ebenderdUrn Named Inured COUMMwea by Environmental Engineering 8 Contracting, In Nana d Pa�aon of osyantratloa: City of Santa Ana, its officers, agents and employees tend adry appeere ebm. hmameeon regidredm compote bme endweamanbwif be Shawn biMDedwakm as aPPhabb to Oft andonnnent) The TRANSFER OF RW" OF RECOVERY AGAINST OOM TO US CdWASM (8w5 n JV=MMERCIAL GENERA.6 A8U Y CCNDfr &3)l =MX W bytl+a a 01 at *tit wk* Y%W&Wany fightMMWMyWoWal'h ea9*W4vPmMneregiefft&5MShoxRbntlfe9ebaddeabovebaeauee of Paymo m we M Ore w "ordnmge mbYp WA at ywza vwm vetaftwor myew ' r clan _ wdw a* 11m MMew or m9awi:9tim and bdoded M Yfe'podaM4Wpboed cprae Ihm pamm or or9 rhmom ehoam Latbm.Sehedula ebon. CG24041195 Copyright, b otrw"$ervb"O(1>onz, 1n¢, 1934