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Home My WebLink AboutRUSSELL & SONS, INC. 1 - 2001 . /y..tIM . ~I'I' ~ 'JJ1i14T6 Isr ,/lyE 02- THIS AGREEMENT, made and entered into this 1't day ofJuly, 2001 by and between ".' t~ California corporation (hereinafter "Consultant"), and the City of Santa n ~d municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City'} '/0, CONSULTANT AGREEMENT ;V-,?oo (- /J{I REOT ALS A. The City desires to retain a consultant having special skill and know ledge in the field of plumbing repairs to provide such repairs at the Depot in Santa Ana B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In Wldertaking 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 reasonab 1y 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 shan perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay. and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $9,999.00 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, subj ect to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. ,..--- 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2002, unless terminated earlier in accordance with Section 12, below. ..Jn~ ~../ ~1\~smrrGe;;wOi!k''jjerfoiTiied:by'C6rtsulumH'ibm'Febroaty.li200.t)shallbecoveredbv .1l)i.~~~t..2!in~;Nm.J)Jtft\list\gr!lenl.eIlJmay.be'extendeduponamit~~p,ted.by !be l}X,!l\l!\tiv~Pireeto't,'Ilf!;tlle'Cbm:lhl>>iity'DevelQpment AiencY.ill'\d1;h~\~HY'AttoI11~~:'i" 1 od . " INSURANCE ON FILE N-2001-141 " ,_'~ ~i!;~ :;:F:..t. WORi( h-;rW PECC?:trJ " UNTI' l.,'....~ !<::1.:',~,'";':c r...,~;~f=~ (~: :. I' 'U~.~"'.'~l"EO .,4. L li''''t..d~-ioIi...,- 'h'" C''''" . ,;' .<1 . eN" . (V/'.I ?20-Uk:- v~l1...", . .......... . "II to fV -'~' (;~~~ ~,' Of court... L. ". ("'CONSULTANT AGREEMENT CLI,F,K Cr- CC:UhVC DIliT~: f>1~o I cr.': ~"J- f -J I THIS AGREEMENT, made and entered into this 1st day of July, 2001 by and between Russell & Son, 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 plumbing repairs to provide such repairs at the Depot in Santa Ana. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agre~ent, 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: ]. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $9,999.00 during the term of this Agreement. b. Payment by City shall be made within thirty (JO) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. , 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2002, 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, ajoint 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 ofthis 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 Plior 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 ofthis Agreement and shall be approved in form by the City Attorney. b. Reserved. 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 ofthe work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. 2 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indenmify 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: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason ofthe terms of or effects arising from this Agreement. This indenmity 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 ofthe 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 3 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 the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 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: Russell & Son, Inc. 2122 South Wright Street Santa Ana, California 92705 Attn: Steve Russell A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effectiv,' 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 ofthe 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 ofthe 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 5 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 ori~ntation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. 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. 6 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA , PATRICIA E. HEALY Clerk of the Council DA V N. RE..xM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY:~~~ Lau a Sheedy Deputy City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT 4( REEKS TIN Executive Director of the Community Development Agency ~u STEVE RUSSELL RUSSELL & SON, INe. President S ~lvlO'01.-\'L Employer ID # or Individual SS # 7 .... JAME$H.RUS$EL'-&.sON,INC.. . d2122S. WRlGilTST. sANTA ANA, CA. 92705 . OS-07-0J ATTN:CAROLyLJi/ . . LABORRAt~SARE A.s.FOLLOWS: . . SERVICECALLiNCLVDES TRIP CHARGE AND THEFlRST % OUR . . . . ...... . OF LAB()IL~;,...:SS4.00 . . . . . . EACHADDJTIONAL% novR OF LABOR......;.,S31.50 OVERTIME AND ""EEDEND RATEs ARE AS FOLLOWS: . S70.00SERVI<;ECALL.WHJCH INCLUDES FIRST % HOUR OF ADOR. .' \ . . . . .'.-. . . S4i1.oe f;ACiIADDITlON~ % HOUR OF LABOR MATERIAL CHA~GES ARE ,,"PPOXJMATLY 10% OVER COST IF YOUIIAVE~NXQUESTlONS PLEASE CALL. . . STEVE RUSSELL... " .", ," I .PRESIDE~T JJ\MES H: RUSSELL AND SON, INC. EXHIBIT A 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: !. 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 ofthe 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 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 8 08(08(2001 ,)JLKIN~-o9_o f y INS~RANCE PAGE 02 r-~COkD~ CERTIFICATE OF LIABle PRODUCER DATE 0110812001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEI'\. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, ISU 1.IUIl... S.NI.II Wilkln.o. B.'.lIon Ag.ney 10350 Htrll.g. P.'" DrIv. SUn. 108 S.nla Fo 5 rin . CA 90870 INSU"!:.D Jim" ~. RUII,II & 6onllne. 2122 S. W~ghl SL INSURERS AFFORDING COVERAGE S.ntt An. CA 92705 ( INSURER A: Wellern Herit. .Inaur.nee Com In INSURI!R .: J"'SUAER c: IttIUAI"C: /' COVERAGEB THEPOLlCIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSU~EDNAM!DABOVEFORTHE POLICYPERIODINDlCA TED.NOTWITHST ANDINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA YPERT AIN, THEINSURANCEAFFORDEDBYTHEPDLICIES DESCRIBED HEREIN IS SUBJECTTDALL THE TERMS, EXCLUSIONSANDCDNDITIONS OF SUCH POLICIES, AGGREOATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~I!' lYPE OF INSURANCE POLlCY HUMBER ".9.Ll~Y EFFEcTIVE '2L~"'y UI'IRATlON LiMns ..Q.NERAL LIABILITY FACH OCCURRENCE 1.1000 000 A ~ r~r~ERC''''L GENI!RAl LIABILITY SCP0384408 OS/20/2001 OS/20/2002 FIRE DAIlIAGe tAl''' an. Ani' .50 000 CLAI... MADI! [!J occu~ M.O IXI' 'A."U an. ..._ .1000 - PEIUON",l .. AQIIINJUAV .1 000 000 - QE~I!RAI. AOOREOATE I .2 000 000 ~'L AQG~nE lttollT ....ri. PER PRODUCTS. COMlllOP AGe. .1 000 000 POLICY ~~~: LOC ~TO"O.llf LIABILITY COM8'NI!:D IINGl&lIMIT . - ANY AUTO (buIld."'1 - ALL. OYnIED AUTOS 10011. Y aNJURY {PIf penonl . - ICHI:OUI"e;O AUTO' - HIRED AUTOS 100lL Y INJURY {P"'e(!lct."O . - NON..oWNIEO AUTO' - PADIlEIHY DAM....GE . (PIrIG"ld.nl) =rAGO L1A.,LlTY AUTO ONI. Y .I"A. ACCIOENT . At-fY AUTO OTHER THAN EAACC I. AUTO ONI. Y~ AGG I. ::5ll1l1...IUTV EACH OCCURIUloIC& . OCCUR D CLAIM' "'/\DE AGG'U!GATE . I. ==l DEDUC'nDI.E I. ..,n",^" . I. WORKeRS COM"!N'/\ nON AND I ..:!.~!r~!.~, I IO!.t'. EM"LOYEAB'LIABllITY E.l. EACH ACCIDENT I. E.I.. DlI!AII..... I!'MptLOYI!' . E,I . f'U'C'Aa~. P",11Cv IMIT I. OTHER OESCAI"nON Of OfEMnONSILOC:A nONJlVEHICLEtIEIl.CLU'ION!I ADDED BY ENDORSEMENT/.PEClAl PRO....SION. '10 Day Nollce of C.nclllatlo. lor Non.Paymont 01 p,.mlum . City 0' Sante Ana, Ita offlc.,., .mploye.., ag.ntl .nd r.p....nl.llv.. "" n.m.d.. .ddltlonll in.uredl per form .K..hld. Prl....ry wording .pplle. per Ionn ItIt.hed, CERTIFICATE HOLDER II ADDitiONAL IN'UIltED' INIUREA LEnlJl:l CANCELLATION Thl Dopol .t Slnla An. aHDUL.OANYOf'THI!! ABOve DESCRlBIlD POLICIES II! CANCllLID I!!PO'U! TH! I!XPIIVI'I'ION DATE THEREOF, THE 1!I!lUINO IN!lURER Wll.~dWt~~"'ll ~ DAYS WRITTII!N Attn: C.rolyn Fullerto. HOTICE TO THE CERTIFICATE t10LDE,. NAMED TO THE LEft, )hX*X<<vt<< X<<~:'~l( 1000 E. S.ntt An. Blvd" .108 Xj(,W~cI(K~*~..lW6~j(lilll<l(VfJ6l(~MiI;ll>>~k:lltKMl( Slnl. An., CA 82701 X~~ilIJtXi6lll( , AU':>-r nlIZ";'.....kiM 0 8J. r-'~ ACORD 26.S (7/97) VED AS Tl) FORM (I III ACORD CORPORATION 1981 X\~ _ td- TINE LEE SHAW Deputy City Attorney 0S/0S/2001 11:05 552944377S WILKINSON PAGE 03 , . '. NAMED INSURED: POLICY NUMBER: James H. Russell & Sons,lne. SCP038440& COMMERCIAL GENERAL LIABILITY TIllS ENDORSEMENT CHANGES THE POLlCY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) Thi~ endorsement modifies insurance provided under lhe roltawing; COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization 'See Below (I(no entry appears abovel information required to compl~te this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) Is amended to include as! an insured thlE person or organization shown in the Schedule, but only with respect to liabiUty arising out of "your work" for that insured by or ror you. 'I) 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 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 insured. 3) This insurance applies separately to each insured against whom claim is made of 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 City of Santa Ana, and except for non'payment of premium 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 C020 10 1185 Copyright, Jnsuuoce Services om". Inc., 1984 APPROVED AS TO FORM 4r~ CRIST NE LEE SHAW Deputy City Attorney . ~()5};~@- . CERTIFICATE OF LI :-fe~ ~('fusura.nce Services ~ic.' 1l0B95<15 1801 E. Park court Pi, D-104 Santa Ana, CA 92101 Phone:114-245-9120 Fax:114-245-9124 ILITY INSURANCI&&:~s DA~~~~~;;l THIS CERTIFICATE IS ISSUeD AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVeRAGe AFFORDeD!lY THe POLICIES !lELOW, INSUReRS AFFORDING COVERAGE James H. Russell & Sons, Inc. 2122 s. Wright st. Santa Ana CA 92105 ! INSURe:.R A: Indsmni tIns. Co. of North INSURER 8: America (ACE USA (AIlM) , INSul\!R c: . IHSURfR D: INSURER E: INSUREO COVERAGES THE POLICIES OF tNSURANCE L.ISTED BEL.OW HAY! BeEN 15St.lEiD TO Tl1i INSURID HAME!C ABOVE!. FOR THE POLlCY PERIOD INDICATED. NOlWlTHSTANDlNG ANY RI!!QUIR!Mf!Nl, TERM OR CONDITION OF ~y CONTRACT OR OTHER DOCUMENT WITH RIESPECTTO WHICH THlS CMTtP'ICAT! MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORb,"D 8'( TI-IC POUCIIS DESCRIBED HIRIIN IS, SUIIJCCT TO ALL THE TEFWS. EXCLUSIONS AND CONDmOKS OF 3UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAV!!. BeeN F1ieDUCED BY PAID CLAIMS. SR' L TR ' TYPS OF INSURAOCE POl.ICl' NUMBER L.lMITS EACH OCCURRENCE I $ FIRt; DAMAGE ,Any OM f1rtl i S MED EXP !Any 0fUl PlII'llcu"ll $ peRSONAL" ADV INJURY ! 1 GI!N!.RAL AGGREGATE S ~ PRODUCTS. COMPr'OP AGG $ ~ERAL LIABILITY 1~"'MERCIAL GENE~"ABlLITY 'I' ~._._ _\__J ClAIMS MADE _ OCCUR I . GEN'L. AGGREGA.te LIMIT APPl,IES PER; .-: POl.ICY ~ ~:8T ~I LOC I ALlTOMOB\lE LIABllll'Y ANY AUTO ! ALL OWNED AUTOS : SCHeDULED AUlOS , HIKeD AUTOS . NONoOWNED AUTOS ,COMB1NEDSlNGLElIMlT ;, S : 1E;..ccldonl.} ! BODn.. v INJUR.... ! lper perMn) I BaclL I( INJURY : (Ptfilccld.nt) 'S I PROPERTY DAMAGS i (P", accldantl I' Is GARAGe. UAI!IILITY JliNY AuTO i AUtO ONLY. !A ACCIDENT I S ! OTME" TIiAN EA Ace ~ s I AIJTOONLY: AGG .s i NWC01l161-00 i 02/01/01 1 IS il 's II il RI( UMrrS! 1 ER : 02/01/02 I E.L." NACeIOENT ! S 1000000 : f.L.D e.EAEMPlOVEE $1000000 U.DISI!ASI!.POLlCYlIMI1! s 1000000 EACH OCCURR!:NCE AGGltl!OATE EXCESS LIABIliTY .---~ OCCUR '~ CLAUd MAOE : DEDUCTIBLE RETT::NTI orHER DESCRIPTION OF OPERATlONSI1.0CATIOHSNEHlCLEStEXClUSlONS ADDED BY ENOORSEMENT/SPECW. PROVISIONS *Except ten (10) day notice of oancellation for non-payment of premium. CERTIFICATE HOLDER N \ Acot"CNAL INSURED: INSURER LETTER: SANTA-1 CANCELLATION Santa Ana Regional Transportation Center At~n: Caro~yn Eullerton 1000 E. Santa Ana Blvd, * 302 Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POI.ICIES BE CANCEllED BEFORE THE eXI'lRATION DATE 'tieR.O', ~ 15aUING INSUR!R Wilt. -ENDeAVOR TO MAIL 30 DAYS WRITTEN NonCE TO THE CERTIFlCAn HOLDER NAMeD TO THE lEF'" 1 II.QRrIII if II ll_n_._"_ - - T ,..".....__. .& !rb.. ACORll2S-S (711l7) .~~ OR INE LEE SHAW Oeputy CIty Attorney 2'd -o;u CERTIFICATE OF L1AB L1TY INSURANCE ~. DATE PRODUCER Wilkinson Barneson Agency 10350 Heritage Park Drive, Suite 108 Santa Fe Springs, CA 90670 07/12/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE James H. Russell & Son, Inc. 2122 S. Wright Street Santa Ana, CA 92705 INSURER A: Western Herita e Insurance Com an INSURER B: INSURER c: INSURER 0: INSURED COVERAGES THEPOLlCIESOFINSURANCELlSTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICA TED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA YPERT AIN, THEINSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN ISSUBJECTTOALL THETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~~:I TYPE OF INSURANCE POLICY NUMBER PRH~Y EFFECTIVE POLICY EXPIRATION LIMITS I GENERAL LIABILITY ,I EACH OCCURRENCE ! ,1,000,000 A 7 COMMERCIAl. GENERAL UABJL1TY SCP0420465 OS/20/2002 OS/20/2003 FIRE DAMAGE {AlI~ OIUI :rnl' ,50,000 I CLAIMS MADE [K] OCCUR MED EXP (Anv one carsonl ,1,000 PERSONAL & ADV INJURY ,1,000,000 GENERAL AGGREGATE ,2,000,000 ~'~ AGG~nEf LIMIT An~ PER: PRODUCTS. COMPIOP AGG ,1,000,000 POLICY ~~!?.; LOC ~TOMOBJLE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO (Eaaccldent) - I-- ALL OWNED AUTOS BODILY INJURY (Per person) , c- SCHEDULED AUTOS c- HIRED AUTOS BODILY INJURY I' NON-OWNED AUTOS (Per accident) - i PROPERTY DAMAGE (Peraccldenl) I' ~":,GE LIABILITY AUTO ONLY. EA ACCIDENT , ANY AUTO OTHER THAN EA ACC , AUTO ONLY: AGG , EXCESS LIABILITY EACH OCCURRENCE , :rOCCUR D CLAIMS MADE AGGREGATE , : , =1 ~EDUCTIBLE , RETENTION , 'Hl 'I' h FORM , WORKERS COMPENSAT!ON AND .- C S.r;;r; (/I , I.YJ..CSTATUSL~ EMPLOYERS' LIABILITY '~ ..-.---..--- E.L. EACH ACCIDENT , C ISTINE LEE S HAW E.L. DISEASE - EA EMPLOYE , Cltv Art rl'ley E.L. DISEASE - POLICY LIMIT , OTHER DESCRIPTION OF OPERATJONSfLOCATlONSlVEHIClESfEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS '10 Day Notice of Cancellation for Non.payment of Premium - City of Santa Ana, Its officers, employees, agents and representatives are named as additional insureds per form attached. Primary wording applies per form attached. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION The Depot at Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1LLYeXi"~l.\ MAIL 30" DAYS WRITTEN Attn: Carolyn Fullerton NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. oI\Jt ~'\\,)(,l\l(~~l(MK 1000 E. Santa Ana Blvd., #108 Santa Ana, CA 92701 )Q!(IlEl)!'XIJIl'l(~!l!~~~~\ll~~~~~K)l<ll~~~llll~Xlj(<l(l AUTHORI ~~:TIVE I 1- '^ A. ACORD 2S-S (7/97) @ACORDCORPORATION 1988 . NAMED INSURED: POLICY NUMBER: James H. Russell & Son, Inc. SCP0420465 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: *See Below (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) 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" for that insured by or fOT you. *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 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 insured. 3) This insurance applies separately to each insured against whom claim is made of 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 ifnot so included. 4) With respect to The City of Santa Ana, and except for non-payment of premium 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 AP~~'ORM -' CRISilNE LEE SHAW Deputy City Attorney CG2010JI85 Copyright, Insurance Services Office, Inc., 1984