The URL can be used to link to this page

Home My WebLink AboutRUSSELL & SONS, INC. 3City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647 -2520 if you have any questions. The agreement with Russell & Sons, Inc. � 2605 1 Only No: N -2003 -100 was completed on 06/30/04 and final payment has been made. (List all amendments. Use space below if needed.) Department: Community Development Agency Phone /Ext.: 5376 Signature: k(A — % Date: 10/28/10 Revised 0412 -10 • INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE F PIRES CLERK 9r 6AUNCIL r —W bAlb 9 -a9 -03 CONSULTANT AGREEMENT lZd11161csr�:�; THIS AGREEMENT, made and entered into this 28th day of August, 2003 by and between Russell & Sons, 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 �1 A. The City desires to retain a consultant having special skill and knowledge in the field of plumbing. 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 perform on -call plumbing services at the Santa Ana Regional Transportation Center at the rates set forth in Exhibit A to this Agreement. Except in the event of emergency repair services, City shall request a proposal from Consultant which proposal shall set forth the cost and time line of said repair. City may accept, reject or negotiate any said proposal. Consultant shall not commence work without written authorization, signed by the Executive Director of the Community Development Agency. 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 $9,000.00 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 June 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 the Community Development Agency 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 B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved. 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. 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: Executive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 and, telefacsimile (714) 647 -6549 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: Russell & Sons, Inc. 2122 S. Wright Street Santa Ana, California 92705 Telefacsimile (714) 545 -0105 Attn: Steve Russell 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 governed 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. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City and of any other political subdivision, agency or instrumentality exercising jurisdiction over the City, including all applicable federal, state and local occupation, safety and health laws, rules and regulations and standards, applicable state and federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as it may apply), and all applicable disabled and handicapped access requirements, including, without limitation, the Americans With Disability Act, 42 U.S.C. §12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code §51 et seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. // // // // // IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lau heedy Assistant City Attorney RECOMMENDED FOR APPROVAL: — 4/2-1- JOHN P REEKSTIN Executi e Director of the Community Development Agency CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT STEVE USSELL President Tax ID# 06/19/2003 12:56 7145456973 JAMES H RUSSELL Labor Rates Effective 08-19-2003 62.00 minimum first "/2 hour 34.50 each additional 12 hour 69.00 an hour V2 .....................62.00 5 5.......................372.50 PAGE 02 1DOM :3 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy M; 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 ..wa+nPl�Ey4r 08%01/03 rRODLICFR REVISED `105 CERP►ICATE IS ISIOL•J A. A WAITER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5701 W. Talavi Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Glendale, AZ 85036 COMPANIES AFFORDING COVERAGE Phone: 802. 9445566 COMPANY FEDERATED MUTUAL. INSURANCE COMPANY OR Home Office: Owatonna, MN 55060 A FEDERATED SERVICE INSURANCE COMPANY HrsIMFV 315990.2 JAMES H RUSSELL & SONS INC COMPANY 2122 S WRIGHT ST S COMPANY SANTA ANA CA 92705 C COMPANY y D i� I ., «y. r •.:. � }A ay 4 h k51 F k. >_ 'T I« ' 1 i ,;[ J nv: w•. P * j' � N'4.k Ar `_ ,s Ip <i %ea YY� rf,�s?.'f04S „nV.yi,`L+. .. .� Si 7Et. rY �M „1 (?� ??..'TrA ;1�i 141., °Lv�' Id: t ��r`r{:ki s.Y �' Y,io •.Kl.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO' "t INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT• TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DISCIUBED HEREIN 19 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEI4 REDUCED BY PAID CLAIMS. 00 LTR RAR "INS Of INSUICE NU POIwY NAEA POLICY EEFICTIVE DATE IMMDOMYI FUUCY EXPIRATION DATE IMMMDONY1 LIMITS GENERAL IUALITI GENERAL AGGREGATE M 1 2 000 ODO COMMERCIAL GENERAL LIABAITY PR DDUCT6. COWYOr AGO > 2000,000 A CUMMI MADE I occuR 9801504 � 05120E uV 3 can 0.5/2004 -: P9R6ONAL A ADV INJURY EACH OCCVRRINCE 1 1,000,000 OWNER S A CONTRACTOR'S PART X BUST aBBORfiERS PO X Y FIRE DAMAGE IARY Ene (-,AI s ^ 5 QO MEO ExP MAY PM PNKAP) 1 AUT610100111 UYWTY ANY AUTO - COMBINED SINGLE LIMIT 1 ALL OWNED AUTO$ BODILY IN.IURY ScnEDULeD Auros W. PPwro I HIRED AUTOS BODILY INJURY R NON.OWNED AUTOS IP., .,zJ,RR,l PAOPe1TY DAMAGE E GARAGE LNUNUTV .NY AUTO OVLD AS TO FORM AUTO ONLY. CA ACCDENT 1 DTNSR YNANaLITD OMY: . r L EACH ACCIDENT I ACCAIG +YI I EXCESS LIABILITY 1 I 7111:1 lc2dy EACH OCCVMENCP I AGGREGATE f UMBRELU FORM �7llly City L Attorney OTHER INAN UMBRELLA FORM WORKERS CURVMMTKW AND ITAT . pin.:, BMPLDYERE' IIASILIV OL EACH &CC DENT . -. / THE PROPRIETOW PARTHERSMEx6CUTIve PVC EL DISEASE. FOUCr uMR f OFFICERS ARE EXCL IL DISEASEEA ERAPLOY![ P OTHER DESCRVTIDN OF OPFpATWMNIOCATwNSN [HICLBgroNiClAt ITEMS SEEATTACNEDPAGE .. •..<P.,s..... ...'J ....., r .:r. T E.. �....u: �... �.,..... S Wtir k�m '¢S OISBED]..... SANTA ANA REGIONAL 74 ✓uR a...T' ^ASJiAF >Y au .......:.« Vrp[ r�A. SNWAO ANY OF VMS ABOVS OESCRBEW POLICIES BE CANCELLED MORE TIE TRANSPORTATION CENTER EXPIRATION DAIS THEREOF. THE IE6LIM6 COMPANY WILL vMWjEB (=MAIL 1000 E SANTA ANA BLVD #300 .� �_ DAYS wo TraB NOTIC[ To Tice CERTIFICATE "awl NAMED TO ENE LM, SANTA ANA CA 92701 EmERXRKma m4REROCOmEXIOBaBEXN xx aIOE= IOCOBIEII(X xxEE )V AVTNON[ED REPPESDITAT , 1 fi. `,: ti '.Ts . �: .. .. A„ � �'.:,^,,. wv 'I�'xTR�AY>:�FGFECJM' •�.. kZ� z•d 19eTT-L eEb160 EO ET 2"U T A I ED h This andorsement modifies such insurance as is afforded by the provisions of Policy # 9801504 ralating to the following; 1. The City of Santa Ana, 20 Civic Centor Plaza, sans Ana, California 9701; its officers, employees, agents and representatives are named as additional Insureds ( "addiitional insureds ") with regard to liability and defense of suits arising from the oa;erations and uses perfomled by or on behalf of the named insured. 2. With respect to claims arising out of the operat.ons and uses performed by or on behalf of the named insured, such insurance as is afforded by this poi cy is pr(mM and is not sdditicnaf to or contributing with any other insurance Carried by or for the benefit of the additional insureds. 3. This InWrenCe applies separately to each insured against whom claim is made or suit is brought akoopt with respect to the company's limits of liability. The inclusion of any person or organization as an insured shalt not affect any right which such person or organization wotdd have as a claimant it not so inCluded: a, With respect to the ndditional insureds. [his insurance shall not be cancelled, or materially reduced in coverage or 1mits except altor thirty (30) days written notice ties been given to the City of Santa Ana, 20 Civic Canter Plaza. Santa Ana, California 92701. (completion of the following, including counterxfgnature, !s required to make this endorsement effective.) Effective 5/20/2003 ;his endorsement form as a part of Policy # 9801504 Issued to ifts H RESIM.. I, sow Tic amed InstA Counteralgned b2� 4nl\� � ApYRO� Bll AS "t o rOitM Dct„ rl t ,l ,;,l +army e 10 Iseiil 013":60 Eft eI 3nd Aug 13 03 09:44a Tllagl B- 1 -031 1'45PM; p.4 ;60294455666115 a 3/ 4 CERTIFICATE OF INSURANCE 1u uq[D 315-WO -2 JAMES H RUSSELL & SONS INC 2122 S WRIGHT ST SANTA ANA CA 92705 DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESlSPECIAL ITEMS CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. INSURANCE PROVIDED BY THE BUSINESS AUTO LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. CITY OF SANTA ANA, ITS OFFICERS, AGENTS & EMPLOYEES ARE LISTED AS ADDITIONAL INSUREDS. AA ; &OVED AS TO FORM Lauu1 oLccdv D:pwu City Attorney CERTWICATE HOLDER SANTA ANA REGIONAL 74 TRANSPORTATION CENTER 1000 E SANTA ANA BLVD #300 SANTA ANA CA 92701 `Rug 05 04 01:37p Tllagl p.2 :.......... .. , :.: ; u r., .?i � a Y .l:`� ACORD� f . DATE (MMIDOIYYI:: 07/27/04 THiS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PRODUCER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5701 W. Talavi Boulevard COMPANIES AFFORDING COVERAGE _ Glendale, AZ 85305 Phone: 602- 944 -5566 coMPANY FEDERATED MUTUAL INSURANCE COMPANY OR Home Office: Owatonna, MN 5.5060 A FEDERATED SERVICE INSURANCE COMPANY j COMPANY INSURED 315 -990 -2 JAMES H RUSSELL & SONS INC 1 8 2122 S WRIGHT ST - - - - -- — "' - SANTA ANA CA 92705 COMPANY D THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT 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. I I POLICY EfmT(VE POLICY EXPIRATION OF POLICYNUfWNn LMITS T TYPE INSURANCE LTA DAYS (II(MIDDM') DATE (MMIDD/YYI GENERAL UABIUTY i GENERAL AGGREGATE nn s 2,000,000 PRODUCTS - COMP/OP AGG s 2 000.000, COMMERCIAL GENERAL LIABILITY PERSONAL & AOV INJURY A CLAIMS MADE �L X I OCCUR 95 01504 05/20104 05/20/05 1., 000,000 j OWNER'S d CON'TRACTOR'S PROT EACH OCCURRENCE $ 1 0„ OOr000 X BUSINESSOWNER'S POLICY —.... FtPA DAMAGE IAnY unv f—) _ G { I 50 OOD MED EXP fAny cne person) S AUTOMOBILE'LIARIUTY COMBINED SINGLE LIMIT s ANY AUTO ALL OWNED AUTOS BODILY INJURY ` SCHEOULEO AUTOS IPer uwsonl HIRED AUTOS BODILY INJURY s NON -OWNED AUTOS <Per dC4'rAafllt v -- � PROPERTY DAMAGE �� s I -- ..- --- - GARAGE LIABILITY j AUTO ONLY • EA ACCIDENT a ANY AUTO OTHER THAN AUTO ONLY. —�_ EACH ACCIDENT 5 - - j AGGREGATE I.$ EXCESS LIABILITY EACH OCCURRENCE 3 UMBRELLA FORM AGGREGATE T OTHER THAN UMBRELLA FORM s WORKERS COMPENSATM "D _ I TVRrT1MIr ER EL EACH ACCIDFN7 6 EMPLOYERS' LIAiIUTY THE PROPRIETOR/ INCL EL DISEASE • POLICY LIMIT S PARTNERS/EXECLITIVE OFFICERS ARE: EXCL I I fl DISEASE - EA EMPLOYEE S OTHER I I I DESCWTION OF OPERATIONS A.00ATIONSNEFIICLES/SPECML ITEMS SEE ATTACHED PAGE 315M2 THE DEPOT OF SANTA ANA 94 SHOULD ANY Of THE' ABOVE OFSCRIBED POLICIES BE CANCELLED BEFORC THE 1000 EAST SANTA ANA BLVD EYPIRATN]N DATE THEREOF, THE ISSUING COMPANY WILL Xe(dB@►IIO(K)MX MAIL SUITE 108 3,0 _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEfT. SANTA ANA CA 92701 KKK7E%K]IM)MNM XXOI®E XXXXXK)MXaITm((a XXXXx RKX)41WM)WKKXXWMX00)0= xmx YRXxOCmIBFd0019C0(iG09CXk AUTHORIZED REPRESENTATI -Rug 05 04 01:37p Tllagl CERTIFICATE OF INSURANCE INSURER 315-990-2 JAMES H RUSSELL & SONS INC 2122 S WRIGHT ST SANTA ANA CA 92705 DESCRIPTION OF OPERATIONSILOCATIONS(VEHICLES /SPECIAL ITEMS CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. RE: PLUMBING MAINTENANCE INSURANCE PROVIDED BY THE BUSINESSOWNERS LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE_ ADDITIONAL INSURED INCLUDES: THE CITY OF SANTA ANA, 20 CIVIC PLAZA SANTA ANA CA 92701, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. CERTIFICATE HOLDER THE DEPOT OF SANTA ANA 94 1000 EAST SANTA ANA BLVD SUITE 108 SANTA ANA CA 92701 p.3 08/04/2004 WED 09:06 FAX 714 +565 4020 CITY OF SANTA ANA CERTIFICATE OF INSURANCE= This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder JAMES H RUSSELL & SON INC - Address of policyholder 2122 S WRIGHT STREET SANTA ANA, CA 92705 Z 002/005 Location of operations ALL OPERATIONS Description of operations PLUMBING The policies listed below have been issued to the policyholder for the policy periods shown, The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before CERTIFIC:A7.T2 HOLDER IS NAMED ADDITIONAL INSURED. Its expiration date, State Farm will ADDITIONAL INSURED ENDORSEMENT ATTACHED. t9 mail a written notice to the certificate holder 30 days before cancellation_ Re @6Ii§f1fi@19 -M eiftlie Name and Address of Certificate Holder THE DEPOT AT SANTA ANA Signature of A orized e�e ATTN: CAROLYN FULLERTON AGENT 07/19/04 1000 E SANTA ANA BLVD, STE 108 SANTA ANA, CA 92701 STATE FARM fSanta AM Agee! 0671405 558.394 a.3 04-19% Printed in U.S.A. 2677 n Street, Suite 150 _._.._...__ a, CA 92705 Title Dare Agerit's Code Stamp AFO code KELLY DAVIS 8602 SANTA ANA F418 tW — POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) Comprehensive , BODILY INJURY AND Business Liability ; PROPERTY DAMAGE .. ;........ -• - This insurance includes: ---- - - - - -- ---- - - - - -- _ ❑ Products - Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence S ❑ Personal Injury ❑ Advertising Injury General Aggregate $ ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products - Completed S ❑ Operations Aggregate EXCESS LIABILITY POLICY PERIOD Effective Date ; Em Iratlon Date BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) ❑ Umbrella Each Occurrence S ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee S Disease - Policy Limit $ POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) F20- 0741- A01 -75C *FLEET POLICY 07/01/04 07/01/05 1 MILLION "STATE FARM MUTUAL AUTOMOBILE 5. COMPANY *HIRED,NON— OWNED,SCHEDULED AUTOS THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before CERTIFIC:A7.T2 HOLDER IS NAMED ADDITIONAL INSURED. Its expiration date, State Farm will ADDITIONAL INSURED ENDORSEMENT ATTACHED. t9 mail a written notice to the certificate holder 30 days before cancellation_ Re @6Ii§f1fi@19 -M eiftlie Name and Address of Certificate Holder THE DEPOT AT SANTA ANA Signature of A orized e�e ATTN: CAROLYN FULLERTON AGENT 07/19/04 1000 E SANTA ANA BLVD, STE 108 SANTA ANA, CA 92701 STATE FARM fSanta AM Agee! 0671405 558.394 a.3 04-19% Printed in U.S.A. 2677 n Street, Suite 150 _._.._...__ a, CA 92705 Title Dare Agerit's Code Stamp AFO code KELLY DAVIS 8602 SANTA ANA F418 tW — 08/04/2004 WED 09.06 FAX 714 +565 4020 CITY OF SANTA ANA 2003/005 ]ul 19 04 09:000 Tllag1 P-3 ESHEET MUST BE COMPLETED AND ACCOMPANY CERTIFICATE OF iNSVRANCE ADDITIONAL INSURED ENDORSEMENT Insurance company_ STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY This endorsement modifies such insurance as is afforded by the provisions of Policy No.F20- 0741- A01=75C retating to the fallowing: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, its officers, employees, agents, 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. S. 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 arty 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 JULY 1, 2004 , this endorsement form is a part of Policy No. F20 -0741 - A01 -75C Issued to JAMES H RUSELL & SON INC. Named Insured Countersigned by KELLY D VIS GE H:Mi$C:C"r1C;k1C nrImuM- =addidrnai m6= n mt e,L 08/04/2004 WED 09:06 FAX 714 +565 4020 CITY OF SANTA ANA CERTHOLDER COPY STATE P.O. BOX 420807. SAN FRANCISCO. CA 94142 -0807 COMPENSATION INSURANCE FUNQ CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 07 -20 -2004 THE DEPOT AT SANTA ANA ATTN CARLYN FULLERTON 1000 E. SANTA ANA BLVD STE 109 SANTA ANA CA 92701 16004/005 GROUP: 000046 POLICY NUMBER: 11385 -2004 CERTIFICATE I17: 59 CERTIFICATE EXPIRES: 02 -01 -2005 02 -01- 2004/02 -01 -2005 I This is to certify that we have Issued a valid Worker's Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated, This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We YAII also give you 30 days advance notice should this policy be cancelled prior to -its normal expiration- This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein- Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or mall pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE A_G.MLL PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07 -20 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE DEPOT AT SANTA ANA ENDORSEMENT #1600 - STEVEN J RUSSELL, PRESIDENT - EXCLUDED. ENDORSEMENT #1500 - MARCIA L.RUSSELL, SEC,TREAS. - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02 -01 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER JAMES H RUSSELL & SON, INC 2122 S WRIGHT ST SANTA ANA CA 92705 PRINTED: 07.20.2004 sGF taZ6ZE ACNI)I 0Ne cerUneale only Iryou me a INntwelermant teal rewle'CFFIGAL STATE FUND DOCUMENT- PAGE 1 OF t 08/04/2004 WED 09 =07 FAX 714 +565 4020 CITY OF SANTA ANA Z005/005 CERTHOLC]ER COPY „ "'ATE •x 4 r P:O.',BOktx'80.7, SSAN :FRANC1KQC-A'.,947 »42 ;,P,,807'' I N'S LIRA''HGe �, CERTIFICATE',1 "OFD V1[,O�RKERS''I: CQMpEN$ATIQNauJUSURANC� ISSUE, .DATE F 02- 01-2004 h aXA' ^Sy GROUP- 'i 000046 V'i" "�' ;1POLICY .NUMBER; "f "w 0011385 -2004 CCERtIF,1C -,, TE, Di =CS02 -01 -205 "rGERTIFICATEr, 02 -0``1 4/10 -01 -2005 • \ 1.511 � .' ,r'r � '' 9, 1'r �'Ir' `t' y'>� I;I Y,� J n, � li , ,b R 'SPOR �A ANA." MG I'0 A' A � , , 1600`1 S •SANTA RNA. BLVD 300 y� SANTA' "ANA CA .92701,';,',<', ^'''wy; ' ... �� M y µff . '`;" �� "`�� " `• �� I �� I �� 5. ii ��x I�'I , � �� " H„ ', " ..,, w .. 'r oM " Th'ig i8 :to certify, that we, have issued a' valid Workers` Compensation''irisurua�ice „po cy' in"'a '''f'orrri 'approv'ed, by the ; Californiti Insurance Commission -er to th¢r' employer Hemet# bel'ruw; "!'fir ",a+ie':policy period';,iridicaied,, ;It This, "policy is not subject to cancellation' by'the' Fund except upon 30 days, advance WA.&,eih notice to the' employer, ' , YVe'will' also give you 20•days advance notice sfaould this policy be canoelled''Jprior to its :norniet' °eacpiraiion: "`rryi r 1 rr, . Thi's „ceriificate,:bf in5ijranGQ,,,15'; rtat;ah ,igsivance policy and' does not'r;,arr�end, expend or alter,,,rths rcpvarags;¢;aff,orded by,tha•< oliciesi listed'herelk",Notwithstandi4g. any requ(r;ernerm term, or',condition of,ea�anny;conyaoi or'otlier'document policies spab'scrbed which this, s subrylect to ill'tFiert6rmrt a clu ons aadr' contlAitfa ri's!nf�5uCltspUQtlartce afforded by th'e' AUTkoRIZEO rRCPRESENTATIVE 'PRESIDENT' �� r k `"' ,„ II',' �.�� ' a ,�JJ .. 1. z"1 �' "5X! rJ "��', "�; �,� '''iwi �' � r "� <'A��,i'1�' �" �.. ..� "p�" r fuw lx ' �� 'r'R•t �, `�� '.. �'�, ' r, � ,4 ' � , EMPLOYJERI-S, lT' pBIL' ITY,` L '•INIT:•'hIQC['�UDING * +AEF,ENSE gCDS 4 1',; 000 ;,000?40,;PER:'OCCLMRENCE +:, �, r ?�F ' : „ w , . ,, h 2-`0 1 I',r1r+ r ;T;r�i'. h AND �ENDORSpMENT '$ dj,XK1 -TLED CER1ar mT HLDER$'„ NOTICE' 9FFFI C Ol 5 A P1AT OFk THI , POLICY ;,$ ,• ' .1�,, u' y... �,,, . 1. t'r,;i `s`'�, � '1P'' � h•.1'. '> d ��, a %ti��Y� ° 'y;"" .'i "i � "'1 r ,�i' „I „�M]A', i,1,B ]w5�ti ''4; "r J,;',, WJ':,jr,u,J4 �'I ";,;�, ; "9I. Je � '^ ,'1'i �'�'11 ' \Yry „li � ,( +w "� 1jrv,. ix � i. ri'y } " „f' , /� }.1 ., •,'J'. yh � � 'yI;!, .w " "�',. v uiN u' 'S .w '. .frl "�I ,•i ..1 �' I r'I � � .1 1'I'. � � r ".1 �, ..� �� '�,I�I'1' '' 'lye r h• hL .Y 1, � "�;�'i�4.' .�' +I'I i,+�'r, •��w' ��'11 °�fl �Y. ��Y. � .II' 'rl�irl �trm :;tl�Y y" •'h', ';,.! I y _ " 'A. +. � *�, ,' ry•''•, �° , .J,: N,1 .,µ,, �''Mrr: � � ', � aw ,;. � ii' I 1. ��;! '��' ', h4' '660' 'Ir "5 r J h'• nf'''r 15! 1., .. I,'� "''I' bry5'y r P. 1P l:rh' ?' ��!' ^;{ ,AI,'," :,5(: �,.,. .Af.:l 'ji '' p;''i';' I'. ,f. a,;,• „rA' k, 1 i11 „ 1�_r,i:''I "III' J$Vi !'•h ° �' � � ",r,ti r., 1r •;r rp r'"� n 1 . 5i,1hj 1'y' i• 'u �•J�11, !' ".dfi' (f ' i � 'v`yy' .`',.a' .� I „x�'• �", ` � °q" w' "� i'.rv�,1 v, " <, Vin, rr.,, ,.wxr' r,i•{y� j(', .f {' „Mi 'k, :, !'nth "i' ,,' .gip,' „'®r, ,I" 65 5,• "r y ,1I k'b ^' 1 � ";I. r 'i, , r,.,, ``ro {'1' ^ ✓„ '!' .4i.' "" II ..1'.'•' ,J rj'r r. ,., t '4'' .l. I'a; �' ui ,� ,* "' 'r•j'r :.'i. v nun �,;' , t' ii'• , .1 I`,r , �1M 'r5h ;rr'' 1 11.11 'k�1' "''Ir A• ,,4' �, i �" .5 ��i K. n.'r�:�ib'•'''rl'�" 11 r iM, 4 '�'I'�� h'� .',15' ,� 't '',�J,ill :I.' ~X' � ., }'y it III,k. �I. �1r 111;,&!, r 1�,5 �. � i "•�,,µwM �',i�'Xi Y'r,� ��'? � "�' �itl "h�5 •''t "I "� ' "' I" 'w' ' ''dt15 'nr 'i, „I, r• }qi �'ri'`,,:4(` ' ,`'' � „� I I;11 , a,y, � �,i) }i1' ' w , („ , r7; ,,,i, �„ 'rt,; ;o' t ,'�ryi . H:..,..,A d :, i( 'r�,I',1j � . 1�,r,'i "I � li !(YI• ,, r'a�'r ,�h,l �r �,f .'a 1 ' ' ( %:, "d,.S "'' iJ5 EMPLOYER., , 'Ar' a�i i1Y W "fJ 'i "1'mN'd1. C/'1� IS -NM r'Y'i Si° ''y i11�N'.,�'i "'iw . ,•., '1��/ 1 "5i,i r.1 rl!,;,n� 45, � M'r1! '�,, ,'� kII, ,a1r�1 ,�''S1 yC� r4 .1•I, r'i�,. "�GVJ.{�IL fVMI�'. '„ri, iil•� 5.. ',° „i,V r�l,'d,'1 rl,J,.' rf1',Yr'S;'ir,r „° 5rle �y)�� 'YY1';'' "�'';1;, ,il,, � ,•r: %i "'� ',`iii,, .r. ge. ,;,,, I;r'y k'k� '',�„ °,¢�� 51 r� '`d'A 1' ;��.�, •, � '' ";fin, ..h^" n ' >' I }�� "Ip, ' "r' r;,.' �• '9i' +'J Tit ''•� ' ; �' �r l' {' ;,,,. ;,P, ", e� :,� ,+�' 4 , al,;'i dir•i 1> , , ,,t, 11 j,1 ,ir v1 5r +.,+ "''i� "1" k'11;: "I!;;,, ,' „pw', �', f'; q1q,' 'i{h•,r; + 'ir'�;1, �'i' 'alri. 'y',11 ';,_JAMES •.H 'F U SE t-,- -,S'0N�, 1" C -,�' ,I;;', - "q, '!rr'F �.,, '; /uIES�'H'`,lZU15S l,L,•, &:aoN.�r {z '''', .r, r;'..,r, wF,'r, IArF r,•, „'r ,4 22 rS, WR'1 GUT !'S',1 `11f� •a,ir .`;rr1' #1, s f' °3.tk` 4' ^J,l " ',��i:w' "�rlhl,i,• „4 '' 'k''` "''i��'j1� "'4',i� SANTA; ""AN'A ' CA, 9,?7d5 4' F ;'' n r'I'i 'll'i f 1 � {„ i � ,.'0. � '�(� r ,r'•� »'y± M1i5' , : `! 4�„ �} , „ ;,; „ r Y' " wx „"ii5r i, ,�]'] I' y ,1 �it "" 5,• � � ' �. � 1 "i` �s. , ,�y � I',r,.H,1.. y I' �,'1�11� 1X1 ". r( {�; ,' „, �, r, °'fli -17- 2004 "'?6AAna