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HomeMy WebLinkAboutUnited Storm WaterAGREEMENT TERMINATION Please complete this form when the attached agreement is no IongeYYh CHY.ct,~ ~ Return form to the Deputy Clerk of the Council (M-30). Ca11647- y i~i~~estions. ::,uUN f1 The agreement with No. ~ ,~pS. - ~,2 ~/ was completed on /Y1 /~1( / `~j p ~ and final payment has been made. Department Signature: Date: Revised 08-28-06 City of Santa Ana Clerk of the Council INSURANCE NOT ON f:H.l WORK MAY I'LQI PROCEED CLERK OF COUNCIL DATE: u:v/7-C;5 A-2005-124 CONSULTANT AGREEMENT ~ : PvJ A ~fJOYW) THIS AGREEMENT, made and entered into this 6th day of June, 2005 by and between United Storm Water, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of catch basin inspection and cleaning, for the purpose of meeting National Pollution Discharge Elimination System (NPDES) permit requirements. 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 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 B. The parties anticipate that additional services may be required, and will be charged at the rates and charges listed. The total sum to be expended under this Agreement, shall not exceed $125,000.00 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 May 31, 2006 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 protection against claims arising from bodily 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. 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. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 (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. e. 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. INDEMNIFICA TION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for bodily injury or property damages arising out of claims for bodily injury, including death, and claims for property damage, which may arise from the negligent performance of 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. The Consultant further agrees to indemnify, hold harmless, and pay costs for the defense of the City, regarding any such action by a third party, or asserting that bodily injury or property damages arises by 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. 3 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: Public Works Agency - Design Engineering City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5640 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 To Consultant: United Storm Water, Inc. 14000 E. Valley Boulevard City ofIndustry, California 91746 telefacsimile (626) 961-3166 Attn: Paul Corn A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been 4 deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 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. 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. 5 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 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 Contractor 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, 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 they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. S 12101 et seq., Government Code S 4450 et seq., and the Unruh Civil Rights Act, Civil Code S 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. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council aA2r:L- DAVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: 'U { I /1 (" _h 1.."_ ; \ \/" . Laura Sheedy Assistant City Attorney I CONSULTANT ~~~ PAUL CORN Director of Operations Tax ID# \ - 7 EXHIBIT C 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 effecti ve.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 CONSENT CALENDAR Motion: Approve staff recommendations on the following Consent Calendar items. MOTION: Bist SECOND: Solorio VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy, Garcia, Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. through B.) 10.A. ADJOURNED REGULAR MEETING OF MAY 16, 2005 (Councilmember Christy abstained on this item) 10.8. REGULAR MEETING OF MAY 16, 2005 (Councilmember Christy abstained on this item) ORDINANCES SECOND READING 11.A. PROPOSED AMENDMENTS TO CLASSIFICATION AND COMPENSATION PLANS, ANNUAL BUDGET, AND SANTA ANA MUNICIPAL CODE Placed on first reading at the May 16, 2005 Council Meeting and approved by a 6-0 vote (Christy absent) Published in the Orange County Reporter on May 20, 2005 Motion: Place ordinance on second reading and adopt. CITY COUNCIL MINUTES 3 JUNE 6, 2005 CONSENT CALENDAR 25.H. AGMTS 2005-119 AND 2005-129 - RAPID RESPONSE MARKETING SERVICES - With O'Reilly & Associates in an amount not to exceed $15,000 and HR Management Services in an amount not to exceed $20,000 - Community Development Agency 25.1. AGMT 2005-120 - JOB SEARCH SYSTEMS SUBSCRIPTION - With Geographic Solutions in an amount not to exceed $39,000 - Community Development Agency 25.J. AGMT 2005-121 - "SANTA ANA PAINT DAY" PROGRAM - With Paint Your Heart Out Inc., in an amount not to exceed $92,000 - Community Development Agency 25.K. AGMT 2005-122 DOCUMENT MANAGEMENT SYSTEM MAINTENANCE AND EXPANSION - With Compulink Management Center, Inc. to implement a document management system in the Public Works Agency in an amount not to exceed $145,000, and for maintenance of the City's Laserfiche system in an amount not to exceed $48,000 with a provision for two one-year renewals not to increase by more than 5% annually - Finance and Management Services Agency 25.L. AGMT 2005-123 - MEMORANDUM OF UNDERSTANDING - Execute an agreement with the Fire Management Association for wages, hours and other terms and conditions of employment - Personnel Services Agency 25.M. AGMT 2005-124 - CATCH BASIN CLEANING SERVICES - Execute an agreement with United Storm Water, Inc for an amount not to exceed $125,000 - Public Works Agency 25.N. AGMT 2005-125 - OFFICE SPACE RENTAL - Execute a month-to-month agreement at a not-exceed rate of $3,900 per month - Fire Department CONDITIONAL USE PERMIT I VARIANCES 31.A. CONDITIONAL USE PERMIT NO. 2005-08 AND VARIANCE NO. 2005- 04 -100 WEST MACARTHUR BOULEVARD Filed by David Shamtoub to allow a car wash and after hours operation of a service station and a variance to reduce the required landscape setbacks for a Mobil Service station in the Arterial Commercial (C5) zoning district at 100 West MacArthur Boulevard Motion: Receive and file the staff report 1. Denying Conditional Use Permit No. 2005-08 (a) to allow a car wash. CITY COUNCIL MINUTES 10 JUNE 6, 2005 To: Company: From: Subject: Remarks: CITY OF SANTA ANA Public Works Agency Development Engineering P.O. Box 1988, M-93 Santa Ana, California 92702 . TRANSMITTAL ~ { JIV\ p.-os. ~ Date: Fax Number Phone Number Attached Pages ~OG PA~o Phone Number (714) 647- (714) 647-5823 Fax Number ~( M ~ LATLH- &AS-u'J LLeAV\Ji"'-J0 G') ,'l.J'Te-A ~ N f2L~ f:i"'t--j~ r::;-~ '1 C) LJ f?- s { (C ^-.J ATV R-.o- SENDER'S NAME ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 7~ DATE (MM/DDIYYYY) UNITE-7 06/13/05 I-RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Acordia of California (soc) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ins Services, Inc. Lic#0352275 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 15303 Ventura Blvd., 7th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Sherman Oaks CA 91403-3197 Phone: 818-464-9300 Fax:818-464-9398 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Zurich American Ins. Grp. INSURER B: State Compensation Ins. United Storm Water, Inc. INSURER C: Steadfast Insurance Co Attn.: Paul Corn 14000 E. Valley Blvd. INSURER 0: City of Industry, CA 91746 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 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. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD~ll: I p~kfl(MM/DDNY1' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f-- 11/16/04 11/16/05 PREMISES (E~~~~~nce) A X X COMMERCIAL GENERAL LIABILITY GL0525843202 $50,000 I-- ~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000 f-- $1,000,000 X CG-20-37-10-01 PERSONAL & ADV INJURY I-- GENERAL AGGREGATE $1,000,000 f-- $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG n .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 - A X ~ ANY AUTO BAP525843302 11/16/04 11/16/05 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - i\..i'iIROVl AS FORM ~ HIRED AUTOS U 1'0 BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - . .//(j. ~ MCS-90 ~: /~') PROPERTY DAMAGE ,~" .I " I ,j $ X CA9948 /' -<. (Per accident) v GARAGE LIABILITY ""L<U, Q ."" II ,jl<\2:: AUTO ONLY - EA ACCIDENT $ =l ANY AUTO i\:,>tsra 'H City Atfop' 'Y ,. . . EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 A X tJ OCCUR D CLAIMS MADE SE0525843802 11/16/04 11/16/05 AGGREGATE $4,000,000 $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND X ITO'~Y:;LI~:i'S I IOJ~' B EMPLOYERS' LIABILITY 157136405 01/01/05 01/01/06 $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EVIDENCE ONLY E.L. DISEASE. EA EMPLOYEE $1,000,000 If yes, describe under E. L. DISEASE. POLICY LIMIT $1,000,000 SPECIAL PROVISIONS below OTHER C PROF LIABILITY/ PEC525842902 11/16/04 11/16/05 TOTAL LIM $1,000,000 E&O (CLAIMS MADE) POLLUTION LIAB (oee FORM) ANN AGG $25,000 DED DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS WAIVER OF SUBROGATION APPLIES. RE: FOR CATCH BASIN CLEANING SERVICES. CLERK OF THE CITY COUNCIL, CITY OF SANTA ANA IS NAMED AS ADDITIONAL INSURED AS RESPECTS ALL OPERATIONS AS PER ATTACHED CG 20 01 10 01, FORM MCS-90, FORM MCP-65, FORM CA 9948. *EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION CCCCCCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL !::Il!l!!....ell 18 MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ii'''T r"Ib.URi: TQ llilllilllll"b.1. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Ir~POiE: tl9 29b.1~"Tlgtl OR ~1"&lbl~' sr -.If: lUll _. _ . .._ IfJ8ijR,CR,ITB -,81SJJ18 8A ACORD 25 (2001/08) @ACORDCORPORATION 1988 , . IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, APPROVED /\S TO r ORM ~ .~;C ., / / ."J )"'-:',,/1 L1lura Stitt <::!,,~:-.._._-_._- ~... iJ'-I"-'vU:/ '",i~;taut City AnCf[j,'\ ACORD 25 (2001/08) , . POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: "Any person or organization for whom you are performing operations when you and such person or organizations have agreed in writing in a contract our agreement, prior to the performance of these operations, that such person or organization be added as an additional insured on your policy". Location and Description of Completed Organizations: See Above Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) Section II - Who Is An Insured is amended to include as an Insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that Insured and included in the "products- completed operations hazard". APPROVEU i\S ;') r,(}Rl\1 ~-->/l'-' / ~.7;' , ' ' ;;/ -/)..) ,:". ,~/~ ...=-----^ - Laura Stit! " 'Assistan t CI: \ /',., . CG 20 37 10 01 Copyright, ISO Properties, Inc., 2000 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 3310 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in- sured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person-s or organization-s status as an insured under this endorsement ends when your operations for that insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure 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 orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occur- ring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. APPROVED AS TO FORM '.<>, ,I /~< i // )/ .--' / I - -- Laura SllU ShcCd::'--'---- As~js!anf Citv !\rtil,I'J.\ CG 20 33 10 01 @ ISO Properties, Inc., 2000 Page 1 of 1 AGENT COPY POLICY NUMBER: BAP :J258433-02 COMMERCIAL AUTO CA 20 01 1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Insurance Company ZURICH AMERICAN INSURANCE COMPANY Policy Number BAP 5258433-02 Effective Date 11-16-04 Expiration Date 11-16-05 Named Insured UNITED SruIDRMWATER, INC. Address 14000 EAST VALLEY BOULEVARD CITY OF INDUSTRY CA 91746 Additional Insured AS REQUIRED BY THOSE ENTITIES WITH (Lessor) WHOM THE NAMED INSURED EXECUTES A Address WRITTEN CONTRACT. CITY OF INDUSTRY,CA 91746 Designation or ANY LEASED VEHICLE Description of "Leased Autos. CoveraQes Limit Of Insurance Liabilitv 1 000,000 Each .Accident" personallnlury Protection or equivalent no-fault coveraaeY Comprehensive ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: 3,000 For Each Covered "Leased Auto. Collision ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: 3.000 For Each Covered "Leased Auto. Specified Causes of Loss ACTUAL CASH VALUE OR COST OF REPAIR WHICHEVER IS LESS; MINUS: For Each Covered "Leased Auto. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPROVED i\S i'O j"UJ~.\j >,:~,/ / "} i .~-~ Laura SUtr ~..;t-~::,(>J.'I CA 20 01 1001 As,istall! Citv'\iicr',@ ISO Properties, Inc., 2000 Page 1 of 2 AtENT copy A, Coverage 1. Any "leased auto. designated or described in the Schedule will be considered a covered "auto. you own and not a covered "auto. you hire or borrow. For a covered .auto. that is a "leased auto. Who Is An Insured is changed to include as an "insured" the lessor named in the Schedule. 2. The coverages provided under this endorse- ment apply to any "leased auto. described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We will pay, as interest may appear, you and the lessor named in this endorsement for "loss. to a "leased auto., 2. The insurance covers the interest of the lessor unless the "loss. results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. i\PPROV FLi)' /",'" '( , ~ ~) i ) l-()i<. C. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor is not liable for payment of your premi- ums. E. Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you, including any substitute, replacement or extra 'auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the les- sor, ~~ I / ------L~,:) \.' ~ Laura \i.jt! ShccJ\.-~---.__.H'. l\'-':Jl:)ldllf (~!l~'\lI')i":],_\ Page 2 of 2 @ ISO Properties, Inc., 2000 ACE"''' CDPY CA 20 01 1001 o ~ DATi; FlpPsVED BY l?J>l,V: :':. ' nMY ~~ A PlJbn~ SeNice Agency CERTIFICATE OF INSURANCE Motor Carriers of Property . ,":~i ;~FiciBRII!R.'(eA)'f ~{(if CAj:1024 lI-lSU~ER ilNSURANCE COMPANY) NAIC # 5 Sta.tus: [NAME, ADDRESS, J..ND P~ONE HJ 16 35 ZORICH AMERICAN I:NS. COMPANY OTH!:R # lXJ Ucensecl to write insuranoe In the State of California 801 N'_ BRAND BLVD.. , il?H (Admitted InSl.Jrer) GLENDp,E, CA 91203 0 NonadmittEld Insurer subject to Section 1763 'of the. California Insurance Code. D Charitable Risk Pool BlJl'lpl.US IJNE BROKER NAME NAME OF INSUACR'S AlJ1HORIZEO.AEPflESENTATll/.e ALEXLIO' INSURED (MOTOR CARFlII:R t>!AME AND ADDRESS) Flied with the: I UNITIID STORM WATER, INC. California D.epartment.of Motor Vehicle~ Motor Carrier Permit Branch .ATTN': JAMF-S ~ P. O. Box 932370 MS Ga7S 14000 E. VAf..LEY BLVD. Saciame.nto, CA 94232-3700 i err!' OF INDIJSTRY I CA 91746 (916) 657-8153 Insurer certifies that the motor carrier of property Identified herem (Insured) IS covered by an Insurance policy proVldin!1 bodily, Injul)' or death /IabHity, propertY damag~ liability Insurance, o~ Workers' Compensation Insuranoe within the coverage limits fden~ tffied below and as required by Califomia Vehicle Code sections 34630,34631.5,34640, and by' Part 387 of Title 49 of the Code of Federal Regulations. TYpe OF' INSURANce Polley NUMBeR pouer EFFEC'l1vi; LIMITS j DA T~ (MMrDPfYY) PRIMARY LIASIUTY COMBINIED ~I~~LE LIMIT. $ 1,000,000 o CovP,lI'~ge below SlalutorY minimum BODILY INJURY OR DEA. TIi $ rllTlim. . (ONE PERSON) aAP 525843.3-02 ,1.1/16/05 BODII. Y INJURY 0 a DEATH $ , e3 GOV&l'9t1l1 B~aJ t.o or nC99C1lng (MORE TIiAN ONE PERSON) ~rY minimum IImila. PFlOPEFlTY DAMAGE $ . , '___"_"'_".__a. _......__._.._ ---.-----...--- 1-0-.....____ '" . COMB/NED'SINGLE 4M 1M EXCESS UAsrLITY UMTT $ In exc= of $ BODILY INJURY ' . I o Cov~e blttwG~rim:slry cover" (ONE PERSON) $_lnexCQSecl $ age IJ ~ry nlmlJm limila. BODILY INJURY OR I ~ Coy~r~,;e provfdl;!r;I el or above SID 5258438-02 11/16/05 DeATK (MOflETHAN $_lraxCQSs of s: ,I Sl$IlOry mln!mulll IIrnllll. " , ONE PE;RSON) PRC:>PERTY DAMAG~ $ _in.exCQts ot$ ~ORKFRS.COMPENSATtQN o we Sta1Utory Urnlts , Insurer certifies triat this insurance policy covers ~[f vehicles used in conduc:tlng the service performed by the Jnsur~d for whfch l motor qarrier permit is required whether or. not said vehicle is listed in the insurance policy. . InstJrf1r cert/fJes that a fully executed Endorsement, on a form authorized by the Department of Motor Vehicles (DMV). is lttached to the referenced policy, to conform the policy 10 the requirements of the Motor Garrlers of Property PermIt Act (Califomia! (ehl~e Code Section 34600 and following) and the Nles and regyl1'ltions of the DMV. (This provlsiqn does nqt apply to Worker$' >pmpensatlon Insurance.) , . lnsur-er agrees that this Certificate of Insurance snall not be canceled on less than thirty (30) days notice from the Insurer to the >MV, written on an authorized Notice of Canoellatlon form and that the thirty (30) day/period commences to run from the date oJ 1e Notloe of Canc&lIatlon was actually r9celve9 at the offioe of the California Department of Motor Vehicles, Motor Carrier Permit :ranoh in Sacramento, California. . Insurer agrees to furnish DMV-with a duplicate original of the referenced.policy, DMV al;ltho~zed endorsement, and alloth/:fr rlated endorsements Md documentation upon request. ,. Insurer agrees that for the purposes of Charitable Risk Pool Coverage that this policy meets the requirements of subdivision (b~ I the eve Section 16054.2. . . , y sIgning thIs form, the Insurer ct1rtifies under penalty of perjury under the ft'iW5 of the State of California that al1 tformation (;r>nta;ned in this Certificate of Insurance is true snrf porrect. =^:=:~","_~~,;~ENDALE' CA~~ J:;:-~f!f~~~ "'l V Il5 Me? (REV. 712002) ASSIsta l1 - ,'V - ENDORSEMENT FOR MOTuR CARRIER POLICIES OF INSURANCE FOl"l PUBLIC LIABILITY UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1980 Issued to UNITED STORM WATER, INC. of CITY OF INDUSTRY, Dated at GLENDALE, CA 91203 this 18TH day of NOVEMBER Amending Polioy 1\10. BAP 525843 3 - 0 2 Effeotive Date _... Name of Insuranoe Company ZURICH AMERICAN INSURANCE COMPANY Telephone Number ( 1-818) 500-4700 Countersi ned b Autho ed Oompany Represenmtiv. The policy to which this endorsement is attached provides primary or excess insurance, as indicated by "[gI", for the limits shown: [] This insurance is primary and the company shall not be liable for amounts in excess of 1 f 000 , 000 for each accident. D This insurance is excess and the company shall not be liable for amounts in excess of for each accident in excess of the underlying limit of for each accident. Whenever required by the Federal Highway Administration (FHWA) Dr the Interstate Commerce Commission (ICC), the company agrees to furnish the FHWA Dr the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FHWA or the ICC, to verify that the policy is in force as of a particular date. Cancellation of this endorsement may be effected by the company Dr the insured by giving (1) thirty-five (35) days notice in writing to the other party (said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to the ICC's jurisdiction, by providing thirty (3D) days notice to the ICC (said 30 days notice to commence from the date the notice is received by the ICC at its office in Washington, D.C.). . DEFINITIONS AS USED IN THIS ENDORSEMENT ACCIDENT includes continuous Dr repeated exposure to loss, damage, or destruction of natural resources arising out of the conditions which results in bodily injury, property damage, or accidental discharge, dispersal, release or escape into or upon the environmental damage which the insured neither expected nor land, atmosphere, watercourse, or body of water, of any intended; commodity transported by a motor carrier. This shall include the MOTOR VEHICLE means a land vehicle, machine, truck, tractor, c~s: o.f removal, .and the cost of necessary measures taken to trailer, or semitrailer propelled or drawn by mechanical power and mrn,lmlze or ~'tlgate ,damage .to, human health, the natural used on a highway for transporting property, or any combination enVironment, fiSh, shellfish, and Wildlife. thereof. BODILY INJURY means injury to the body, sickness, or disease to any person, including death resulting from any of these. ENVIRONMENTAL RESTORATION means restitution for the Form Approved OMS No. 2125-0074 , CA 2004 11-16-04 " ~~~/ .::')' ._0. .:~j PROPERTY DAMAGE means damage to or loss of use of tangible property. PUBLIC LIABILITY means liability for bodily injury, property damage, and environmental restoration. The insurance policy to which this endorsement is attached endorsement thereon, or violation thereof, shall relieve the provides automobile liability insurance and is amended to assure company from liability Dr from the payment of any final judgment, compliance by the insured, within the limits stated herein, as a within the limits of liability herein described, irrespective of the motor carrier of property, with Sections 29 and 30 of the Motor financial condition, insolvency or bankruptcy of the insured. Carrier Act of 1980 and the rules and regulations of the Federal However, all terms, conditions and limitations in the policy to Highway Administration (FHWA) and the Interstate Commerce which the endorsement is attached shall remain in full force and Commission (ICC). effect as binding between the insured and the company, The insured agrees to reimburse the company for any payment made In consideration of the premium stated in the policy to which this by the company on account of any accident, claim, or suit endorsement is attached, the insurer (the company) agrees to involving a breach of the terms of the policy, and for any payment pay, within the limits of liability described herein, any final that the company would not have been obligated to make under judgment recovered against the insured for public Iiabifity the provisions of the policy except for the agreement contained in resulting from negligence in the operation, maintenance or use of this endorsement. motor vehicles subject to the financial responsibility requirements of Sections 29 and 30 of the Motor Carrier Act of 1980 regardless It is further understood and agreed that, upon failure of the of whether or not each motor vehicle is specifically described in company to pay any final judgment recovered against the insured the policy and whether or not such negligence occurs on any route as provided herein, the judgment creditor may maintain an action Dr in any territory authorized to be served by the insured Dr in any court of competent jurisdiction against the company to elsewhere, Such insurance as is afforded, for public liability, does compel such payment. not apply to injury to or death of the insured's employees while The limits of the company's liability for the amounts prescribed in engaged in the course of their employment, or property this endorsement apply separately, to each accident, and any transported by the insured, designated as cargo. It is understood payment under the policy because of anyone accident shall not and agreed that no condition, provision, stipulation, or limitation operate to reduce the liability of the company for the payment of contained in the policy, this endorsement, or any other final judgments resulting from any other accident. The Motor Carrier Act of 1980 requires limits of financial responsibility according to the type of ~~JCI{ld~mpdity transported by the motor carrier. It is the MOTOR CARRIER'S obligation to obtain the required limits of financial responsil5i1if{.u 1 d i THE SCHEDULE OF LllvHTS SHOWN ON THE NEXT PAGE DOES NOT PROVIDE COVERAGE. The limits shown in the schedule are for information purposes only. SCHEDULE OF UMITS Pubfic Uability ,/ ._}~.~_!- -} 'Sheedy : 'nrney Form MCS-90 (Over) UI~IFORh" INF01'lIJlATIDN S:RVIC:S. II~C MC 1622k (10-99) Type of Carriage Commodity Transported Minimum Insurance 750,ODO (1) For-hire (In interstate Dr foreign com~erce). ': .,..;/~..q.: ~ :;..t'":;.... o. It.t'~~.~.);\.~~. \. (2) For-hlfe!andPrivafe(ln .1l1t~state, foreign, Dr intrastate commerce). (3) For-hire and Private (In interstate or foreign commerce: in any quantity) Dr (In intrastate com- merce: in bulk only). (4) For-hire and Private (In interstate or foreign commerce). Property (nonhazardous). $ Hazardous substances, as defined in 49 CFR 171.8, transported in cargo tanks, portable tanks, or hopper- type vehicles with capacities in excess of 3,500 water gallons; Dr in bulk Divisions 1.1, 1.2, and 1.3 materials; any quantity of Division 2.3 Hazard Zone A Dr Division 6.1, Packing Group 1, Hazard Zone A material; in bulk Division 2.1 Dr 2.2; Dr highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. 5,000;000 Oil listed in 49 CFR 172.101, hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (2) above Dr (4) below. 1,000,000 Any quantity of Division 1.1, 1.2 or 1.3 material; any quantity of a Division 2.3, Hazard Zone A, Dr Division 6.1, Packing Group 1, Hazard Zone A material; Dr highway route controlled quantities of Class 7 material as defined in 49 CFR 173.403. 5,000,000 Note: The type of carriage listed under (1), (2), and (3) applies to vehicles with a gross vehicle weight rating of 10,000 pounds Dr more. The type of carriage listed under number (4) applies to all vehicles with a gross vehicle weight rating of less than 10,000 pounds. SCHEDULE OF LIMITS Public Uability For-hire motor carriers of passengers operating in interstate Dr foreign commerce Minimum Insurance Vehicle Seating Capacity (1) Any vehicle with a seating capacity of 16 passengers Dr more. $ 5,000,000 (2) Any vehicle with a seating capacity of 15 passengers or less. 1,500,000 lite 1 S22k (10-99) UNIFDRM II.JFDRMATIDN S:RVlC:=S, INC. AP" , FORM \.~/~;' --.../.... LaUfd :)1 ; l A.ssistant City Altor'm:) Form MCS.90 COMMERCIAL AUTO CA 99 48 09 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. A. Uability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Para- graph A.1. above, Exclusion B.6. Care, Cus- tody Or Control does not apply. B. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement; or 2. Any claim or .suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants'. "Covered pollution cost or expense' does not include any cost or expense arising out of the actual, alleged or threatened discharge, disper- sal, seepage, migration, release or escape of "pollutants.: a. Before the "pollutants" or any property in which the 'pollutants' are contained are moved from the place where they are accepted by the "insured. for movement into or onto the covered "auto.; or b. After the .pollutants. or any property in which the .pollutants. are .contained are moved from the covered .auto. to the place where they are finally delivered, disposed of or abandoned by the "in- sured.. . Paragraphs a. and b. above do not apply to "accidents' that occur away from premises owned by or rented to an "insured. with re- spect to .pollutants" not in or upon a cov- ered "auto. if: (1) The .pollutants. or any property in which the .pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered .auto.; and (2) The discharge, dispersal, seepage, migration, 'release or escape of the "pollutants. is caused directly by such upset, overturn or damage. "ROVED AS fO 1'./. 7-, - /- ----,-\ ,- - ----- / :' 't Sheedy \ rt orney CA 99 48 09 02 @ ISO Properties, Inc., 2002 Page 1 of 1 AG!:NT COPY !.bie of Californill - Ca.hftlmi... i:.rwirollll'\enlal rmleolOTl ,l..itency , , CERTIFICATE qF INSURAN.CE FOR PUBUC LIABILITY COVERAGE i D~partm:nl of i C~I'= SLlb~lant:!s Con~-o! . T /';\tf1SPlma'liOJ:! t!t:1t aSttO Cal C-ehter'o;j'v~' Sacr.:mer.Io. C.A. l?S!ii's.3<:DO (91.5) ~SS-43:;~ fPl.ME OF INSURED: " trriited Storui Water, Inc. , j 'ADD~SS.:.. 14000 ~. VALLEY BLVD. CA 91746 i CERTIFfCATION' ThE! authorize(1 signature below certifies tl't~t (a) each policy of insutan~ listed below has beel1 i."ue.d 10 !he insured named above: anl1ls lr't fon:e at this Ume and rb) each polil;:)' so listed PROVIDES YE;HlCLE LIABILITY COVERAGE FOR "PUBUc LIASIUTY" . WHICH INCLUDES LiABILlT'Y FOR ""BOdILY INJURY," "PROPERTY DAMAGE" AND ~ENVlRONMENTA.L RESTORA'nON"' . PURSUANT!O SECTION 25169 O~ THEIC~U:'OR':llA ~EAl Tt:f AN~ ~~FEl"Y CODE wiLti respect to t/'le.OPEra~on, maintel'1ance or ' use bY the n;;!l'r1ecl il1$ured or 31"1y v~~t1c::le for ....tJlch regIstration or 3utnonZ;<Ihol'l 10 transport hazardcl,l'" wasle IS required by the Department of ToX,ic Substances. Control o~ the S[ale of California regardless qr whether such vehicles are specifically described in the policy. ' I I p~IMARY INSU~ANCE - COM81!\lEO SI~GLE UM'. EFFECTfVE D.o. n~ OF INSURANCE POLICY NUMBER: j BAP 5258433-02 COVERAGE: . . i 11-16-05 I INSURANCE COMPANY NAME: T ADDRESS: 801 N. "'BRANp BLVD.tE TELEPHONE .NUMBER: ZORICH AMERICAN"INS. CCKPAAf GLENDALE, CA 91203 (818) 347-5679 This policy provides c:ov~ge fQr public: liability indlJding bOr1i1y injury, properry dam_S@ arll:f enviro.nm~ntaJ re;s;loration for the amoUnl of S 1,000,000. ! in aCCOrd.ll'Ice 'with languOlge c:onsistent with a Ml;::S-90 -endorsemenl EXCESS UABIUTY INSURANCE INSURANCE POLICY NUMBER: SED 5258438-02 EFFEcnVE DATE OF COV.E.RAGE; 11-16-05 INSURANCE COMPANY !\lAME: ADDRESS: TELEPHONE NUMBER: ZURICH AMERICAN INS. CXl1PANt , 801 N. BRAND BLVD., iFH (818)347-'5679_ n,is p,olicy provides coverage lor' amounts i? e:x;c~s otlhe primary jasurance for public: tiab~lity including bt>dily injury, property damage and environman~1 restoration for the amQun! of S 4,UOO,00Q In a~t:>>rdanc6 \'\lith languC!ge consistent with a MCS-90 endorsemenl ! j '. . CANCELLATION ENDORSEMENT The authorized signature below warrants ao~ guarantees thaI eac::/'l inSurance policy for whicl1 this Certificate of lnsur;mce ;s issued is effective until t:;;il'lceled or e~ired; and, suc::ri policy l:OVe;ag~~afJ remain in 'fUlllCLrce-.:aClcieffec:LuntiLtI?-e..1h;tti~t/'l~}-Say-aI'tf;r ~ ---':"Notioe-of-earn:dt~jorrtn wntin9 rs gIVen onoehalfOf the rni~ranca Company to the D~plJ11ment of To)cic Substa~ce:. Control. The thirty (30) day period is 10 C::OlJ'lmence from t~e date the NI?[ic:e of Canr:elfS!ticn is provided to t/'Ie Depat1mel'l[ of Toxic Substances . €;oQntrol. T (an.!opCrt..tion ~l1il : I. . Thi$ Certificate of Insurance and any Notice of Cancenation are proparly liIed by mailing, postage p::r;d. to the Departms"t of TO:QI; Sub~tances Control, Transportation Unit, 88aO Cal Cente.r.Drive, S<lc:ramento, C~firornia 35826-3200. . 'I . . .. ,I AUTHORIZED SIGNATURE r HeREBY CERnrr tinder pert;,rty of law that: (a) all information prollided'is trtJe and correct, and (b) either the I~surance Company is ClQrnitted by, the Depanmenl or 1n.$uranCEl in !the Slate of California to Write the listed insurance poljdes OR. if nOriJdtl"litt~d;, I am ficansed by the Califo " Depanmenl o( It'ls~iance as a -Surplus Une& Broker" authorized 10 represent the n:Jmed Insurance Co~pany in making Ulis t:eJ1ifi ion. I . . . . -ep G~ TUR~nature in c:o'ntrasnl"lg C:iJlcr ink) DATE 51 GNED: ' ~ L~ I OS/24/,?-005 o cnE:. (PleQse print or type) I SURPLUS LINES BROKER NO. [If appJlt:able); . I U ~ ! COMPANY. NAME: . j ZORICH AMERICAN INS. cxm>ANt SIGNER'S COMPANY ADDRESS: 801 N. ~ BLVD., iFH I I , I j5-:f I'. (OEFrNmONS USED IN nus CERTIFlCA.TE OF INSU.RA~~E A~~ S~OWN ON THE ~,EVEi5:~E. S~E OF rHl~ FORM.) D~C'03alfronllf71Q:Z\ .' 'I ":..~,~iL~,:~:~:'~~:'h':::::+~?~:~~~.':,>' '~',:i.st>-iSl~'" . "Cd::C\~ -. STATE COMPENSATION INSURANCE FUND ENDORSEMENT AGREEMENT EFFECTIVE MAY 17, 2005 AT 12.01 A.M. REP 09 1571364-05 RENEWAL SC 4-11-82-71 PAGE 1 ADDITIONAL INSURED EMPLOYER , . HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME BROKER COPY UNITED PUMPING SERVICE,INC AND/OR UNITED STORM WATER INC. 14016 VALLEY BLVD CITY INDUSTRY, CA 91746 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT CITY OF SANTA ANA IS HEREBY NAMED AS AN ADDITIONAL INSURED EMPLOYER ON THIS POLICY BUT ONLY AS RESPECTS EMPLOYEES WHOSE NAMES APPEAR ON THE PAYROLL RECORDS OF UNITED PUMPING SERVICE,INC AND/OR (HEREIN CALLED THE PRIMARY INSURED) WHILE THOSE EMPLOYEES ARE ENGAGED IN WORK UNDER THE SIMULTANEOUS DIRECTION AND CONTROL OF THE PRIMARY INSURED AND THE ADDITIONAL INSURED EMPLOYER. IT IS FURTHER AGREED THAT THE PAYMENT OF THE FULL PREMIUM DUE AND PAYABLE UNDER THIS POLICY SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PRIMARY INSURED. APPROVED I'_:~ I ~' ,. (>~ I, .>:?-:r", /' ) /, I ~--____~_ . :::.............) 1/"/1 ~ Lfura Stilt Shccev !\:)':lhL.dlt (~itv ;'"\ttn.'-,'", _' ....il (j'~" NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. ~ MAY 19, 2005 ~~~ 0015 COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~ AUTHORIZED REPRESENT A TIVE PRESIDENT