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Home My WebLink AboutRincon Consultants, Inc. 1~_ ~-_~ ~•~ City of Santa Ana Clerk of the Council ~~~ ~~~~ AGREEMENT TERMINATION FORM COTC Office Use Only _.._ Please complete this form when the attached agreement and all amendments (if~my) ~ r1 ~ ~~_ are no longer in effect. ~ : ~ ~: ~~ Return form to the Clerk of the Council Office (M-30). ~ ~~ , ,-- _,W.._i The agreement with Rincon Consultants ins ~ -3U -oz.00~ No. N-2004-061 was completed on 06/30/ and final payment has been m (List all amendments. Use space below if needed.) /V ~ ~, ~(~ y- ~ ~p ~- Q ~ Department: _ Housing & Nei hborhood Development Phone/Ext.: 667-2294 Signature: Date: ~/~ ~ i~n~ n Revised 07-22-09 City of Santa Ana `.~. - ~~ City of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM COTC Office Use Only Please complete this form when the attached agreement and all amendments (if any) ~` ! 1 ~: ~~ are no longer in effect. ~ , }. Return form to the Clerk of the Council Office (M-30). ~-_ ,-,'_ ,; The agreement with Rincon Consultants, Inc. No. N-2004-Ofi1-01 was completed on 06/30/2006 (List all amendments. Use space below if needed.) and final payment has been made. Department: Housing & Neighborhood Dev. Phone/Ext.: 667-2294 Signature: _ Date: 3/11 /2010 Revised 07-22-09 City of Santa Ana INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES ..3-- 17 - 0'-1 CLERK OF COUNCIL DATE: <e -À-bt./ CONSULTANT AGREEMENT ~~ Ai ut 5aJoI1~ THIS AGREEMENT, made and entered into this ~ day of r(~ ,2004 by and between Rincon Consultants, Inc., a California corporation (hereinafter "Con ultant"), 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"). N-2004-061 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of environmental testing, assessment and consulting. 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 environmental consulting services, including Phase I and Phase II Environmental Site Assessments and testing for hazardous materials, 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 $10,000.00 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 May 1, 2004 and terminate on June 30, 2005, 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. 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. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (ii) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (i) (iii) 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, r employees, consultants, special counsel, and representatives from liability: (I) for personal ( I.';"..... injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims M~ V~d þr for personal injury, including health, and claims for property damage, which may arise from thet; ~ ""lIi,", dilèet é,. ;Hd;.~d ôl'EIMiðRó> 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 represenlation in any legal proceeding. 6. 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, 3 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 oflaw; 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 Community Development Housing and Neighborhood Development Division City of Santa Ana 20 Civic Center Plaza (M-37) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 667-2225 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 4 To Consultant: Rincon Consultants, Inc. 790 East Santa Clara Street, #103 Ventura, California 93001 Telefacsimile (805) 641-1072 Attn: Michael P. Gialketsis, Principal 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: 5 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 ofthe City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals 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 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 its 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: (~-e PATRICIA E. HEALY \J Clerk of the Council CITY OF SANTA AN ~REAM City Manager ~ APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: -\:/([0' J)/Ui./({",. . . ( Laura Sheedy . Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT If JOHN . REEKSTIN Execu ive DIrector ofthe Community Development Agency JJ!\~ MICHAEL P. GIALKETSIS Principal Tax ID# "7ì - ð"3'7- 0073 7 r City of Santa Ana, Community Development Agency Phase I ESA, ACM and LBP Survey Proposal Rincon Consultants Fixed Fee Schedule City of Santa Ana Community Development Agency Phase I ESAs Fixed Fee per site 6000 -10,000 SF Parcel $1,500 11,000-15,000 SF Parcel $1,500 Asbestos Survey SinQle-FamilY Residence /1,000 - 1 500 SF) $250 SínQle-Family Residence /1 600 - 2 500 SF) $260 Multi-Family Dwellin¡¡ (2 - 4 Units) $325 Multi-Family Dwellina 15 -10 Units) $500 Lead-Based Paint Survev Sinale-Familv Residence 1 000 - 1 500 SF) $180 Sinale-Familv Residence 1 600 - 2 500 SF) $200 Multi-Familv Dwellina (2 - 4 Units) $225 Multi-Family Dwellin¡¡ /5 - 10 Units) $250 V-PERFORMANCE SCHEDULE We will perform Phase I ESAs and ACM and LBP Surveys on a 3-4 week turnaround. If necessary, the reports can be performed on a shorter schedule. Items that we have no control over with regard to the schedule include access to regulatory agency database information as well as receipt of comments from City staff. For this schedule, we have assumed that agency information will be available over the counter and that City comments on draft documents will be obtained within 2 days of submittal of draft reports to City staff. The performance schedule for Phase II ESAs will be dependent on the scope of work and the turnaround time chosen by the City for sample analyses. Performance schedules for Phase II ESAs will be discussed on a site-by-site basis with City staff. 25 r n vir 0 n men t 11'1 S c ¡ell tis t s P , ann ~ r s En g j nee f S . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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 ofliability. 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 9270 I. (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 8 ~ - ~ - -,.(Cf,", ß:«'-'<¿+.,~;::~¡;,:-\l;~) ?-";,:;~\!,<""\',',, i':,:t;~>;.":;'4,~-:-,,-';'-~~ci,-d';:~-"''-'''t':>~¿'-'' -~',30 ", i. . ',~. ".'...: ..3~._'~"" : ~ ~.:,:. ., '., :' '«.' . ." '",:<,,~;:' ÖATE (MMiDDfYY) ACORD OERmletGAw""OP, [lABILITY INSlJRAr '1E"""l';/{;;~\'-?;l'~ 04/30/2004 -- '------~,,--1"M (.":. "''C'>-..''.:. :I>;:.---:-:':: T\~'d':';;I':':)""':'_:' , ,'::, , ,. -' . "." .~ ,~::";" ", ,.~:... . : .;,""" . ,:,' . """ "<,, .t;!...~~': w\,.l'., ~ . ~.'" .." ::, .' ,1~,...¡¡: .,::. . '; "."', '"." - PRODUCER Serial # A14516 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ENVIRONMENTAL INS.SVCS,LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LEGENDS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1305 GENE AUTRY WAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ANAHEIM, CA 92805 COMPANIES AFFORDING COVERAGE LICENSE #OC79875 --~ COMPANY AMERICAN INT"L SPECIAL TV LINES A++XV (714) 634-2683 (714) 634-3704 A ~_._------"--'-~-~. INSURED COMPANY RINCON CONSULTANTS, INC. - B 790 EAST SANTA CLARA STREET # 103 COMPANY VENTURA, CA 93001 C COMPANY D ~'71WÊr"""(3E§j ~~,~ ,I. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCR/BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POlICIES, LIMITS SHOWN MAY HAVE BEEN ReDUCeD BY PAID CLAIMS. ;0 TR TYPE Of INSURANCE GENERAL LIABILITY POLICY NUMBER POUCY EFFECTIVE DATE {MMIDDIYY} POUCY EXPIRATION DATE (MMlDOJYY LIMIT'S 9341888 12/17/03 12/17/04 GENERAl AGGREGI\TE $ PRODUCTS. CQMPIOP AGG $ PERSONAL- & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EX? (Anyone ¡>eI'Son) $ 3,000,000 3,000,000 3,000,000 3,000,000 100,000 10,000 A X COMME:-:RCIAL GENERAL LIABILITY CLAIMS MADE [8] OCCUR OWNER'S & CONTRACTOR'S PROT X CONTRACTORS POLL X PROF LlAB-CLMS MDE AUTOMOBl,lE LIABilITY ANY AUTO AlL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT s BODILY INJURY (Pet"persoo) s BODIL- Y INJURY (Per accident) s MAY 2004 PROPERTY DAMAGE s GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT OTHER THAN AUTO ONLY: s ~-.." . ~_.~ . EACH ACCIDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ S EXCESS LIABILITY UMBRELLA FORM THE PROPRIETQRf PARTNEf!SlEXECUTIVE OFFICERS ARE: INCl EXCl -',' El EACH ACCIDENT $ El OISEASE - POLICY LIMIT $ EL DISEASE - EA EMPlOYEE $ OTHER THAN UMBREUA FORM WORKER'S COMPENSATION AND EMPLOYERS' llABJUTY OTHER PROFESSIONAL LIABiLITY CLAIMS MADE 9341888 12/17/03 12/17/04 INCLUDED IN ABOVE LIMITS )CRlPTION OF OPERATIONSJLDCATIDNSNEHlClESlSPECIAL ITEMS oRTIFICA TE HOLDER is NAMED AS ADDITIONAL INSURED WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED SURED, mORSEMENT ATTACHED CITY OF SANTA ANA ATTN: ARABELA SALDIVAR HOUSING AND NEIGHBORHOOD DEVELOPMENT P.O. BOX 1988 M-26 SANTA ANA. CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRJTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALl IMPOSE NO OBUGATlON OR UABIUTY OF ANY KIND UPON THg. .OMPANY. ITS AGENTS DR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE" Of INDEa-eNDENT l' /' ,/' ~, ,-" t ,~:':~\r~~W~'f_~~~~~~t~~~1i~~~4;b~i*t~i./@J:. ., .."J.PM9,~1 =MPRO\CERTPROS WEB ¡Wi}- ENDORSEMENT NO.5 This endorsement, effective 12:01 AM, Forms a part of Policy No: 9341888---'0:- Issued to: RINCON CONSULTANTS, INC By: AMERICAN INTERNATIONAL SPECIALTY UNES INS. CO. THIS ENDORSEMENT CHANGES THE POLICY. PlEASE READ IT CAREFULLY. ADDITIONAL INSURED I PRIMARY COVERAGE ENDORSEMENT In consideration of an additional premium of $ Included it is hereby agreed that the following is included as.an Additional Insured as respects Coverage A and B but only as respects liability arising out Of your ongoing operations performed for the Additional Insured by or tor you. Additional Insured: All entities where required by a written contract CITY OF SANTA ANA HOUSING AND NEIGHBORHOOD DEVELOPMENT P.O. BOX 1988 M-26 SANTA ANA, CA 92701 This 'does not apply to bodily Injury or property damage arising aut of the sole negligence or willful misconduct Of, ar for defects in design furnished by the Additianallnsured. . As respects the coverage afforded the Additionaf Insured, this insurance is primary and non-cantributory, and our obliga- tions are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shall remain the sarne. \'-'-)' .}~. .(" fi,:i":'ht, .. ~.ò"~"'.'.'. -,,~-'{~.""'~::'~' ~ f¡ ", ,. ",."",,";,,, '.".",. "'''''\'!I[!I,~ '-~ )f3jw/éfl ~/ý' AUTHORIZED REPRESENTATIVE or countersignature (in states where applicable) 78123 (6/01) CI1486 PAGE 1 OF 1 ACORD CERTIFICI E OF LIABILITY INSURA :;E I DATE (MMfDD/YYYY) 'M 04/30/2004 PRODUCER (949)348-7400 FAX (949)348-2373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Solutions ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0746539 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26522 la Alameda, Suite 190 Mission Viejo, CA 92691 INSURERS AFFORDING COVERAGE NAIC# INSURED Rincon Consultants, Inc. INSURER A Mercury Casualty Company 11908 790 E. Santa Clara INSURER B Ventura, CA 93001 . INSURER C INSURER 0 INSURER E COVERAGES 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 MAYBE 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 PAlE> CLAIMS. INSR DD' TYPE OF INSURANCE GENERAL LIABILITY COMMERC!Al. GENERAL LIABILITY CLAIMS MADE 0 OCCUR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION EACH OCCURRENce DAMAGE TO RENTED LIMITS , MED EXP (Anyone person) PERSONAL & ADV INJURY , , GENERAL AGGREGATE PRODUCTS. COMP/O? AGG $ lOC AC11058631 04/17/2004 04/17/2005 COMBINED SINGLE UMIT (Eaaccidenl) , 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Perpersoo) , A X SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS 800lL Y INJURY (Perlççident) MAY 3 2004 PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO i ~. AUTO ONLY - EA ACCIDENT ------ ---_.~-_.----", OTHER THAN AUTO ONLY' EA ACC $ AGG $ EXCESS/UMBRELLA LIABILITY OCCUR 0 CLAIMS MADE -~-~~~---,_.~~--- ~~= EACH OCCURRENCE AGGREGATE , DEDUCTIBLE RETE:NTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRüPRIETORIPARTNERIEXECUnVE OFFICERIMEM8ER EXCLUDED? Iy~.descrlbeunder SPECIAL PROVISIONS belCIW OTHeR EL EACH ACCIDENT EL DISEASE. £A EMPLOYE $ EL DISEASE. POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ~10 day notice given in the event for nonpayment of premium. ~?~ 3/ç CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl.LED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE:: ISSUING INSURER WILL ENDE::AVOR TO MAIL Housing and Neighborhood Development 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Arabela Saldivar BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBlIGA TrON OR LIABILITY P.O. Box 1988 M-26 OF ANY KIND UPON THE:: INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ~o, "'~ Tonv Alessandra/BRYAN AGORD 25 (2001108) @ACORD CORPORATION 1988 l . .1OLOER COpy STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE, 04-29-2004 GROUP: POLICY NUMBER: 1414358-2004 CERTIFICATE 10: 283 CERTIFICATE EXPIRES: 02-01-2005 02-01-2004/02-01-2005 CITY OF SANTA ANA HOUSING & NEIGHBORHOOD DEVELOPMENT PO BOX 1988M-26 SANTA ANA CA 92701 r ');"." ," ,¡ '--.J' ,_1 Li./J'+ This is to certif¡ that we have iss.ued a valid Worker's Compensa.tion insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the 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 may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. ~ J~ c. {}£ AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS, $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - MICHAEL GIALKETSIS, CFO - EXCLUDED. ENDORSEMENT #1600 - JOSEPH VANDER PLUYM" TREASURER - EXCLUDED. ENDORSEMENT #1600 - THOMAS MATTEUCCI" SECRETARY - EXCLUDED. ENDORSEMENT #1600 - STEPH~l SUETE, PRES - EXCLUDED. ENDORSEMENT #1600 - WALTER HAMANN" VICE PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ~.~ f/y RINCON CONSULTANTS. INC 790 E SANTA CLARA ST STE 103 VENTURA CA 93001 SCIF 10262E Acœptlhis certificate onl;, jf you see iI faint watermark that reads "OFFICIAL $T A TE FUND DOCUMENT" [MH,SL PRINT£D: 04,29-2004 PAGE 1 OF 1 PRODUCER LEGENDS ENVIRONMENTAL INS.SVCS,LLC 1305 GENE AUTRY WAY ANAHEIM, CA 92805 LICENSE #OC79875 (714) 634-2683 (714) 634-3704 Serial # A14516 0" TE' (MMIOD'NY)'tt 03/10/2005 \ THIS CERTIFICATE Il> ,tiSUED 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. COMPANIES AFFORDING COVERAGE COM;ANY AMERICAN SAFETY CASUALTY INSURANCE CO. , ACORD -----..--'--------..-11.1 .,.~.' ,'>;ee.'i'h INSURED RINCON CONSULTANTS, INC. 790 EAST SANTA CLARA STREET # 103 VENTURA, CA 93001 COMPANY B COMPANY C COMPANY D 'C.o.F!I~LIg". 'it'" , ''.If'' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES, LlMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY EFFECTIVE PQUCY EXPIRATION LIMITS LTR POL,ICY NUMBER DATE (MMfDDNY) DATE (MMIDDfYY) GENERAL LIABILITY HSR 04-7706-001 12117104 12117/06 GENERAL AGGREGATE $ 3,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COM~OPAGG $ 3,000,000 CLAIMS MADE 00 OCCUR PERSONAL & ADV INJURY $ 3,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 3,000,000 X CONTRACTORS POLL FIRE DAMAGE (Any Dna fj(a) $ 100,000 MED EXP (Any Dna person) $ 10,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS MAR 1 6 005 BODilY INJURY SCHEDULED AUTOS (Parpersoo) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Pa(acciderll) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENi $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKER'S COMPENSATION AND EMPLOYERS' UA8IUTV EL EACH ACCIDENT $ YHEPROPRIETQRI INCL EL DISEASE - POLICY LIMIT $ PARTNERSIEXECUTIVE OFFICER$ARE: EXCL EL DISEASE - EA EMPLOYEE $ OTHER A PROFESSIONAL LIABILITY HSR 04-7706-001 12/17/04 12/17/06 INCLUDED IN ABOVE LIMITS CLAIMS MADE RETRO DATE 1219194 DESCRIPTION OF OPEAATIQNSILQCATIONSNEHICLESJSPECIAL ITEMS THE CITY OF SANTA ANA AND THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA HOUSING AND NEIGHBORHOOD DEVELOPMENT ARE NAMED AS ADDITIONAL INSUREDS WITH RESPECTS TO WORK PERFORMED FOR THEM BY THE NAMED INSURED. ENDORSEMENT ATTACHED IN LIEU OF CERTIFICATE DATED 312/05 .C .,mE CITY OF SANTA ANA A TTN: ARABELA SALDIVAR HOUSING AND NEIGHBORHOOD DEVELOPMENT P.O. BOX 1988 M-26 SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELI.ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBI.IGATION OR LIABILITY OF ANY KINO UPON THE COMPAN, GENTS 0 SENTATIVeS. AUTHORIZED REPRESENTATIVE OF INDEPE ENT INS R.llilCOlil -cm!SULTANTS, INC. ~OLICY # RSi-7706-001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ASCIC 98 06 11 99 ADDITIONAL INSURED COVERAGE ENDORSEMENT In consideration of the payment of premiums, it is hereby agreed that the foHowing provisions are added to the poHcy. the policy. No obligation for defense or indemnity under the policy is provided to any Additional Insured for "claims" or "suits" directly or indirectly "arising from" the status, actions or inaction, including (without limitation) for vicarious, derivative or strict liability of said Additional Insured, its agents, consultants, servants, contractors or subcontractors (other than the Named Insured), except for the actions or inactions of the Named Insured. This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. A. The foHowing shaH be added to SECTION I, COVERAGE A., Par. 1. as subparagraphs d. and e. of the policy: d. Any person shown as an Additional Insured on a certificate of Insurance issued by us or our authorized representative, or by endorsement to the policy, provided such person is required to be named as an Additional Insured in a written contract with you, shall be entitled to coverage ~ hereunder solely for "ciaims" or "suits" for "bodily injury" or "property damage" arising solely out of your negligence. The limits of insurance provided to such Additional Insured shaH be limited to the lesser of the limits of insurance required in a written contract with you, or the limits of insurance as described in SECTION 111 - LIMITS OF INSURANCE under e. We will have no duty to defend any insured, other than the Named insured, except when the sole allegation against that insured is vicarious liability for the sole negligence of the Named Insured. All terms, conditions and exclusions of the policy, Including, but not limited to, any deductible or self- insured retention, shall apply to such Additional Insured. All other terms, conditions and exciusions undtlr the policy are applicable to this Endorsement and remain unchanged. ., ,",..---' JaAR 15 APPROVED A:) 10 FORM t:!:~~dY Assi:-l'c.:ll. "";,iY /\flOrney QRAnrl OR ,,{........ .INCON .CON~ULTANTS. INC. OLICXH HSR04-7706-001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASCIC 98121199 PRIMARY INSURANCE ENDORSEMENT FOR SPECIFIED PROJECT In consideration of the payment of premiums. it is hereby agreed as follows. Solely with respect to the specified project listed below and subject to all terms, conditions and exclusions of the policy, this insurance shall be considered primary to the Additional Insured listed below if other valid and collectible insurance is available to the Additional Insured for a loss we cover for the Additional Insured under COVERAGE A. This Endorsement shall not serve to increase our limits of insurance, as described in SECTION III - LIMITS OF INSURANCE. CUY OF SANTA ANA All other terms, conditions and exclusions under the policy are applicable to this Endorsement and remain unchanged. ~..., ::""1 -""! WAR 16 2005 -,..-"._-~"-- APPROVED AS TO FORM ~ s~13 Laura Stitt Sheedy !I,ss/stant City Attorney 98end_12.doc Copyright@ 1999 American Safety Casualty Insurance Company Page 1 of 1 ~" I ACORD CERTIFIC,L E OF LIABILITY INSURA. ;E DATE {MM/PDIYYYYj '" 03/29/2005 PROOUCER (949) 348-7400 FAX (949) 34g-Z373 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Solutions ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0746539 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26522 La Alameda, Suite 190 ~_~s5ion Viejo, CA 92691 INSURERS AFFORDING COVERAGE NAIC # INSURED Rincon Consultants, rnC. INSURER A Mercury Casualty Company 1190g 790 E. Santa Clara INSURER B Ventura, CA 93001 INSURER C INSURER 0 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BE:EN ISSUED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TE.RM 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 61MERCIAL GENERAL liABILITY DAMAGE TO RENTED , - CLAIMS MADE 0 OCCUR , - MEa EXP (Anyone per5on) , PERSONAL & ADV INJURY , - GENERAL AGGREGATE , - ~'L AGG~EnE ~LiMIT APPlJ;~S PER PRODUCTS. COMP/OP AGG $ PRO. nl POLICY JEer LOC ~TOMOBllE L1A61L1TY AC11070034 04/18/2005 04/1g/2005 COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccldenl) 1,000,000 -- X ALL OWNED AUTOS BODilY INJURY , SCHEOULEJ AUTOS (Per person) A X HIRE::QAUTI:'S BOOll Y INJURY ~- , NON.OWNED AUTOS (Perilccldent) f-C- e-- PROPERTY DAMAGE , (Per <lccidel'lt) R'GEC"BIL"Y AUTO ONLY. EA ACCIDENT , ANY AUTO OTHER THAN EA Ace , ADDQ()VFf A" TO I' If) RtVJ AUTO ONLY 'GG , OESS/UMBRELlA LIABILITY (-& EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE: AGGREGATE , d~ +---.-.- , R DEDUcn.CE f Laura StH\ She dy $ RETENTION , Assistan City Attorlle' I WO~KERS COMPENSATION AND I ~~J;r~~~~ I I~~' ------ .-- EMl-'lOiEofiS'L;A!i:lILI"U ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT , QF'FICERlMEM8ER EXClUDED1 E.L, DISEASE. EA EMPLOYE $ It yes, descllbe under EL DISEASE - POUC'IlIMIT , SPECIAL PROVISIONS below OThER DESCRIPTION OF OPERATIONS I lOCATIONS I VEHIClES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS - a I 2005 , , . ~."_'_e_,._^ "10 day notice given in the event for nonpayment of premium. , .~" i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF. THE ISSUINClINSURER WilL ENDEAVOR TO MAil Housing and Neighborhood Development 30": DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Arabe 1 a Saldivar SUT FAilURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY P.O. Box 1988 M-25 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATives. Santa Ana, eA 92701 AUTHORIZED REPRESENTATIVE .1.-, CL-..t- Tonv Alessandra/BRYANK , ACORD 25 (2001108) @ACORD CORPORATION 1988 , , ,-,'", ~L' ;ERTHOLDi:R 'Copy STATE po SOX8Q7o. SAN FRANCISCO.CA Q41,42-Q8Q7 cO""P!!I'IS~'l:ION II'ISUFtAl'lcr;; F= U ND CERTIFICATE, OF \1VORKI;f\S' COIYIPENSA TION ,INSURANCE ISSUE DATE, 02 -01-2005 THE COMM REOEV AGENCY OF THE C I TV OF SANTA ANA MUS I NG {. tiE I GHBOR,WOO OEVE L PO BOX 1988M-26 ' " ' SANTA ANA CA 92701 GROUP, POLICY NUMBER, 14~435$-2005 Ci:RTIFICATE 10:, 2$2 CERTIFICATE EXPIRES, 02-01-2005 02-01-2005/02-01-2005 JOB: This is to certify that we have issue'd a valid:'\i\/orkers' Compensation,insur"a9c:e policy in'a form approved by the California Insurance Commissioner to the employer "nam~d below for the p.9Jicyperiod jndica~ed. This policy is not subject to cancellation by thE':' Fund except upon.,30days,' advance writtE!n notice., ,to the employer. We will also give you 30 oayS' aoyanfe notice shoulO this policy be can,elleo prior t9 its n6rmal eXPiration", This certificate of insurance, is no,! an insur~nce policy ano ooes not am~no, extehoOral.ter the c9verageafforoeo by the policies Ilst~o herein: N9lwlthstanOing; any requirement, term, 9r Canclition of any cOntiact or otherOacument with respect to,which this certif.kate-o,f,insi,.lrance'~~Y ,bS:i,ssued or may 'peft4in"ths in,suraoce afford,e9',',by the , policies described herein is subject to aU t~e terms, excll.1~jbl1s ami conditions oOf~uchp,olicles. ~ J~c &L AUTHORIZED REPRESENTATIVE PRESIDENT , ,', " ENDORSEMENT #2065 ENTIn ED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1.000,000.00 PER OCCURRENCE. .fEG~LNAME APPROVED AS TO FOL , EMPLOYER RINCON CONSULTANTS, INC 790 ~ SANTA CLARA sr STE 103 VENTURA CA 930QJ RINCON CONS~LTANTS. ~EV.J-031