Loading...
HomeMy WebLinkAboutHNTB CORP. 1509%ta Ano Cler" of Me CouncH AGNEMENT TOMMATION FORM r? T Y Pease comp!erL agreement and( amendmena iff any) cve- no k')nger in affect, Re-+vIn foFm to the clwi� of the CoUnCK OffK'o (IM-WL COR A-47�&520lf you have any quasfior,-. The agreement with (12)cad corroeled (Ust all amendments. Use space boBlew iooded3s Phone/Ext.: Signature: one Re,:sodO8-2340 COIC Offico Usa, Ort', and fina payaneent has sae enmode. ij o i — i7L & 41 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on November 21, 2003, by and between HNTB Corporation, a Delaware corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement #A-2001-170B, dated August 20, 2001, (hereinafter "said Agreement") by which Consultant has prepared construction documents for the City's Public Works and Parks Agencies. B. Said Agreement was extended by letter, dated June 21, 2002. C. In accordance with the terms and conditions of said Agreement, the parties wish to extend the Agreement for an additional one year period. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 3, TERM, shall be amended to read as follows: "This Agreement shall commence on August 20, 2001 and terminate on August 31, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency, the City Attorney and Consultant. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA T n T AV, Executive Director of the .,-Public Works Agency APPROVED AS TO �F/ORM: YEJT OSEPH W. FLETCHER City Attorney CONSULTANT JTBCORP RATIO R. A DERSO Vice President CITY S R - ENG 3RD F ax:714-647-5635 OwT Op—JcuuJ MR ueim rn mjBwK=rUKlfiljUrj Jan 003 16:41 P. cnv 6 Fl -Eli; 3KD FL. Fax 1734-647-SM r nn Ku• aaa IM U L 04 r. uc J�t►_3 20Q3 1Q.59 PoO416 Fax Note 7671 h From Ca.7pepi. Ca. Phone 8 Phone li �+ 2 Vex f. eM a ciTY OF SANTA MOM YVORU MANY Mele PA. poM ilr Sob An dtlAan�Y lm June 27, 2002 Mr. fiherd A, Had "core n6m 2W Feat $sMmMta AYano Guth 2w 8wft Ans, CIA W07 Gear Mcherd, This Wet WVOG al noft to +amend to aarnpMM dab of uwrfieM No A-2001.1708, for PUrpose of prapadna enph+ wffia end landmpbV eonsbuoWn doaumerms, end protAdlrio egnab" eeMew on an ua neadod bads•for Um Me'e PuMlo W*ft end Paft pro . cahbd SeU" AAlMmr l Pd in*ol CM &#nw ut (7t 4 84474840� 4u1a�4►fue pleats P A ON 02 1 liv! ww' W, APPROVED AS Tp FORM Laura sileedy Deputy City AQIorney 0 P v 766 01 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this _&d day of 2001 by and between HNTB, Corporation , a Delaware corporation (hereinafter " Co ultaru" 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 engineering and landscaping on an as -needed basis for the purpose of preparing construction documents for Public Works and Parks projects. 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 terns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in the Proposal dated July 20, 2001, Exhibit A, to this Agreement and as described in written specific task orders issued by City and agreed upon by City and Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in the fee schedule, Exhibit B. The total sum to be expended under this Agreement, shall not exceed $ 300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing services performed, subject to City accounting procedures. Payment need not be made for services 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 August 30, 2002, unless terminated earlier in accordance with Section 12, below. The term of this 0 Agreement may be extended upon a writing executed by the Executive Director of Public Works Agency, City Attorney, and Consultant. 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 services 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, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, to the extent they arise from the negligent or willful direct or indirect operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. The term "interests" as used in this subsection 8 means interests that the Consultant knows or should have known. 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: Souri Amirani Public Works Agency City of Santa Ana - Ross Annex 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 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: Richard A. Hart HNTB Corporation 200 East Sandpointe Avenue Suite 200 Santa Ana, CA 92707 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, unless in writing and executed by City and Consultant. 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 0 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of 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. *%ok, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY ` f Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Cristine 1.'Shaw Assistant City Attorney APPROVED AS TO CONTENT: AVID N. REAM City Manager CITY OF SANTA ANA TRA ECUTIVE DIRECTD(L aLK woOS AcENoy CONSULTANT AZK6�, Y Richard A. Hart VictPresident 43-1623092 Employer ID # or Individual SS # 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 effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative ACOROR, CERTIFICAVE OF LIABILITY INSURA CE ,�JStd�M°°" " PRoeucey' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION h7elmsman insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3 Woodfield Lakes HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 900 North National Parkway, Suite 300 .ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Schaumburg, IL 60173 INSURERS AFFORDING COVERAGE 1 NAICIf N$URED HNTB Corporation 200 E. Sandpointe Avenue, Suite 200 Santa Ana, CA 92707 p Fi—aJ ;ET.rrCUIzT.Ta.-1 NSUTIEAC Mutual Fire Insurance THE POLICIES OF INSURANCE LISTED BELOW HAVE BFEN'SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI I RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. wSR iA00''...... POLICY NUMBER PCNACY EIDIAFFECT WE M CYE%PWATgN. LIMITS GEWRALLIAMLftt EAC IOCCtIHf rNCE $ 1,000.000 T82-141-433035-214 '. 1211/04 1211/05 tVAMADB OOO./fO�O,b. L COMME9CIALGEYFPY. 1 ASILITY t PRLM� $n-aE, s L _ {1tX:M$MADE QCCVR MED c%ia Anr MP PQrypr,7 S 5,000 PE PSONA( A A.w VNJSJA 1000,000_ ,$ 2,0 CENFRALAGGRFfiATE S ,000 f- i GEN', Abh PE 'EJMI' Arvt1E$PER _ f 2-DM DUO PdO04 GT5 COMP,pP AGO �$ _ _ PUUCY (°PO LOC AUiOM4HiLELY81lItY 8 AS2-141-433035-204 12/VO4 12/145 COMA WEU 51hGLE NIt tF=a,r demt $ 1000.000 EX' ANY AV i J ': A.L ,WNEil AU R1S I $CHF_11JLEOAutD$ IPPr Ann+ei --� I, HIR'ef)AV iOS _ @hC LviN,uRv i $ 1 _ NON CJW Yf.')4llTOS (PP vW UIN1n '. I PerPmnart} GARAGE L14HILM AUTCONLY -EA M]C O£NT $ _ ANYAJTp OTHrR THAN EA ACC ' f1LCESENMHRELLA UAHFLRY AUTOUNLY. $$ 000.000 ( !t, OGT,UP '.. CLAIMS MADE '.. A4HOGP,IHAFM E t1 i A _ AUC9307638-02 12/1/04 ',.. 1ZI1105 A..CREGATE 11,ODQ00O RETENTION f i Is WORKERS COMPENSATION AND I — I/Ilm W`. �J�— OTH -Or's:DE A EMPLOYEas LIABILITY WA Poll deductible endorsement With $250,000 deductible per t,�ti _ _ _ EACH A CCIoEIF ccrvr 1,000,000 . ANv vRGPwETpnvnarxewExccuTtve OFFICE0.TIEMHEP Ex CtUOED' OCQlRenCe(G3iIii5 (disease) With the (HOVIS#On that Liberty Mutual l $ r 00o'0UU E [ O Sr ASE--- E rc yea, L Will (may) advances payment of the deductible amoynt ------ EE, 3 ------ I - -t;008;600--- I PROVISIONS AL PRpViSIQNS "ow EL DGEASI, PUI%YLMIT 5 OTMR DESCNIP'DON OF OPERAI%NISILOCATONHt VEfRClE9/EXCLUSIONS ADDED SV ENDORgEMENT/SPEGUL PR0VK10NtI HNTB Job 35421; On -Call Engineering Services Amendment to Agreement No. A-2001-170B Additional Insured: City of Santa Ana, its officers, agents, volunteers and employees as respects general liability. City of Santa Ana Public Works Agency P.O. Box 1988, M-36 Santa Ana, CA 92702 (2001 MS) SHOULD ANY OF ABOVE DESCMEO EOUdEb EE CANCELLED C[iORE TINE eYPMArci 1 DATE iMMOF, rRe teful BOIMMA wu �Q DAYS NMITEM 1'f'�F3T.''i: �i5 "T<) F)�b't�TonrtcemxrcATEIaLDEnNAreoroTl�Lxn .�.^ l IL 819iYTAiKitKit6GiKt.XOiK kK aur,(i�Stltt Si.xJy U TI ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS Tits endorsement modifies insurance provided under the following- COMNfFRCL1L GENERAL LIABILITY COVRRAGE PART SCHEDULE Name of Person or Organization: Blanket — All Projects WHO IS AN INSURED (Section II) is amended to include as an insured the person or organtzation shown in the Schedule, or, if no person or orgairoatton is shown in the Schedule, then any person of organizaron to whom you are obligated by a written agreement to procure additional insured coverage, Provided hav (a) the "bodily injury", "property, damage", "personal injury' or advertising miury" giving rise to liability occurs subsequent to the execution of the agreement; and (h) the ,nttc. agreement is in effect at the time of the "bodily injury", "property damage", "personal mpirv" or "advertising injury" for which coverage a sought. 'Ihat pco,m or orgarivation shall fxr referred to as the "Addmomd Insured." 'I'he coverage afforded to the Additional Insured is limited to liability incurred as a result of some neghgent act or omission of the Named Insured its employees, agents, or subcontractors to the conduct of the Named Insured's ongoing operations. If the written agreement to procure additional insured coverage requires that the insurance provided for the Additional Insured be broader than as provided by the precerhng paragraph , then the coverage for the taddmona'. Insured shall conform to that contract; provided, however, that in no event shall the coverage for the Additional Insured under tMs or the proceeding paragraph apply to liability that does not arise out of "your work" performed for that .:additional Insured by you undo the icons of the wrinea agreement. Zhe coverage provided to the Additional Insured by this endorsement shall not apply to "bodily mjum", "property damage", "personal injury" or "advertising injury" arising out of the rendering of, or the failure to render, any professional ashitecmrat, engineering or surveying services, including: I. The preparing, approving nr failing to prepare or approve, maps, shop drawings, Opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supen9sorv, inspection, architectural or engineering activities. The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the "Cope of coverage or the limits of insurance provided by this policy. If a contact with the !flamed Insured requires that the insurance provided for the Additional Insured be primary concurrent or prunary non contributory, then the coverage provided to the :addnaonal Insured under this endorsement shall conform to that contract. However, this insurance will conform to that contract only to the extent that the cnnrract requires this insurance to be primary in comparison to the Additional Insured's own policy or polices; in no event shall a contract with the named Insured operate to LG IQ 17 05 Ol Page S of 2 requite this insurance to contribute with other additional insured coverage available to the Additional Insured, and this insurance shall be excess over any such other insurance, whether on an excess, contingent or primary basis. To the extent that the Additional Insured would have had the. right to pursue any otter insurance Garda for covcctge, including a defense, we shall share that right with the Additional Insured - I s, h ,- .,,.d by the <,"peny IrLh,,v d—Woted by .n entry i� the Lxm ,TToait, I, naroi Premium $ L;BCRlY MUlt Al, INSLMNCii COMPANY P.ffcmc 17am lupiravun tYvtc It, BI:HiY UCitiJ. Il ki, COMP!vNY' Pm i,uchmavr Poi No T132-141-433035-214 IAHL.R';Y INvtRWCF UIftPUF.A I"GN iAu hr haus IN INSl,b WA, CORPORAHON lilt IIRSt SJuITI " INSURk.NCB CORPOiL\1101E i\mhonuri Rcp[ef(n(pDCC hrucd Jxlcs Of6m and do b:n1 bail Nn. 16 LG 10 17 05 01 -- - _ r ' --- Page 2 of • AD-(M. CERTIFICATE OF LIABILITY INSURANCE I416?WDM" PRODUCER LV[:nlon lLOmpanle5 444 W. 47`" Street, Suite 900 Kansas City, MO 64112-1906 (816) 960-9000 INSURED 200 E. Sandpointe Avenue, Suite 200 Santa Ana, CA 92707 T.nvFRAnFS Pr' INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUEDTO'!HE INSUREONAMEDASOVE FORTHE POLICY PERIOOINDICATED NOTWRHSTANDWO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'AWN THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOTno"S OF SUCH POLICIES, A UNITSMA R GATE UNITS SHOWN Y NAVE B EN R£DUC£0 BY PAT CLAIMS, NSA Mfi e1 RANG p YNVMRER ECTNE POLICY EEPIRA11ON PATFININIX)(M UMpOLfCYE D OENP.RAL 1TAZUTY Rq x CAMS K.LGENERN.UABRtT' CNMSMADE E] OCCUR NOTAPPLICABLE FAC OAM.GE JA,,"fin1 _,_ X Mw Ly LAft t xxxxxxx PeREQNAT, A AGV M 1qY-1-..-XXA)(XNN NLgATE I xxxxxxx NLAGGREGATE POLICY _ LRMT MS PER TA.cc PRODUCTS P R AGG ADToroBEe LuuHLm ,wr Auro NO'T APPL (CABLE GOWNED SWGLE LMI[ S XXXXXXX BODILY {HAIRY tpM pysm) 5 XXXXXXX ALL OWNED AUTOS TCHEIXREOAUrO5 : BODILY PIMRY tppy .) $ XXXXXXX NWEO AUTOS NON-04NTEO AUT05 PROPERTY DAkVOE [A. RS ) S xxxxxxx GARAGE UABIUTY AUTD LY.EAACCF)ENr S 0"ft THAN AUTO ONLY: AMYAUTO NOT APPLICABLE XXXXXXX EXCESS LIABUTY DCCLRe ❑ CUA,S MADE NOT APPLICABLE EACHOCCVRgENCE F XXXXXXX AGGREGATE Tx-xxxxx _ xxxxxxx Etu D XxXxxXx DEDUCTIBLE f6pM XXXXXXX RETENTION 5 _ WORHERSCONPENSAWNAND NOTAPPLICABtE lMPLOTERS'UAMLITY CLEACHACC AT E XXXxxxx ILL SE-MICY LOOT F X A OTNFR PROFESSIONAL HINA6 LIADit ITY EXN 008213985 5/1105 5/1106 PO $1,000,000 r claim 8 the annual aggregate for all projects DES WYION OF OPERATCMSROCATRNISNENCL fiS QUSWNS ADDED BY FHDOAEENENi!$PECML PROWSA>NB HNTB Job 35421; On -Call Engineering Services Amendment to Agreement No. A-2001-170B City of Santa Ana Public Works Agency P.O. Box 1988, M-36 Santa Ana, CA 92702 ACORD 2" SHOULD MY OF THE WOVE DESCRIBED POLIOlES BE CANC[LUD BEFORE ME EFMRATMN DAYS THEREOF. THE MSUMG INSURER YALL ENOEAVOA NML 30 OAYS WRITTEN S i'(} i.t �Y)F TOTHE <ERTYKAiE HOLDER HAMWTOTHELEFT.SU AIWNEi-T000 E0.BNAI, • ` - IMPOEFPWOEIDfY:NON9RL4AHtFKOF-ANY!(MOUPON-1N4AlWRER,�FT;-A4ENTAON �h�> q.•NIA,IV.0. �� �— AUTHOR¢FDREPRESENTAINE o ACORD CORPORATION 1086