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HomeMy WebLinkAboutMULLEN & ASSOCIATES, INC. 4City of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-5237 if you have any questions. The agreement with Mullen & Associates, Inc. No. N-2006-115 and final payment has been made. was completed on 06/30/07 n ~ r*~ -~ ~... . ~ Department: Design Engineerin- PVNA ~ Phone/Ext. Signature: Date: aa. 5664 ~ fNSURANCEON FILE N-2006-115 WOAKMAYPROCEED UNiQINSURANCEEXPIRES 7-~~1-a_7 CLERK OF COUNCIL OA7E: ~,p_ y_U6 PWA (a) CONSULTANTACRF.EMENT CDa~,d Pal THIS AGREEMENT, made and entered into this 91h day of November, 2006 by and between Mullen & Associates, Lnc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing wider the Constitution and laws of the State of California (hereinafter `"City'"). RECITALS A. The City desires to hire a Consultant to provide lighting and electrical design services for various cshibits at the Santa Ana Loo. B. Consultant represents that it is able and willing to provide such scrviccs to the Ciry_ C In undertaking the performance of this Agrccmcnt, Consultant represents that it is knowledgeable in its ticld and that any scrviccs pcrCornted by Consultant under this Agrccmcnt will he performed incompliance with such standards as may reasonably he cxpcelcd Crum a professional consulting firm in the field. NOW THEREFORE, in consideration ofthc unrtual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide lighting and electrical desist scrviccs for various sites in the Santa Ana Zoo, as set forth in Exhibit A, attached hm~etn. 2. OWNERSHIP OF MATERIALS a. Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, pursuant to this Agreement shall be the property of the C'iry, Consultant agrees to provide City with any such materials whenever requested to do so. The City agrees.. however, that plans, drawings or other work product may be used only for the project described herein. b. Fxcep[ as set fotth in section 2.c., below, scrviccs, papers and documents provided by Consultant pursuant to or arising out of this Agreement are for the cxchisive use uC the City Cor this project only and may not be reused for other projects by the City without Consultant's written consent. Preliminary and other unsigned plans and drawings aro nol intended to be used for construction. All final plans will be signed The Consultant is not responsible for' plans not signed by the Consultant. c. City may utili~c said plans, specificaliuns and documents in connection with the future. expansion or rcmodd of the Santa Ana Zoo. City shall release Consultant from liability for City's use of said plans in connection with the remodel or expansion of any exhibit, unless the parties agree otherwise, in writing. 3. COl1PENSATIOS a. City agrees to pay, and Consultant agrees to acecpt as total payment for its services, the rates and charges identified in Exhibits A. The total sum to be expended under this Agreement shall not cscccd S 10,000.00 dwing the teen of this AgRCCment. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedm~es. Payment need not be made for work which fails to meet the standards of pcrfurrnauce set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on execution of this Agrccmcnt and terminate on Junc 30, 2007, unless terminated earlier in accordance with Section 12, below. The term of this Agrccmcnt may he extended upon a writing executed by [he F,xccutivc Director of Public Wurks and the City Auancv. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agrccmcnt, be construed to be an indepondcnt contractor and not an employee of the City. This Agrocment 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 scrviccs which arc the subject matter of this Agreement, however, the srnviccs to be provided by Consultant shall be providul in a manner consistent with all applicable standards and regulations governing such scrviccs. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to crnployces and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking pcrformancc of work under this Agrccmcnt, 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 insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting thcrcfrom and damage to property, resulting from any act or occurrcuce arising out of Consultant's operations in the pcrformancc of this Agrcancnc, including, without limitation, acts involving vehicles. The amounts of insm~ancc shall be not Icss than tho folbwing: single limit coverage applying to bodily and pcrwnal 'injury, including death resulting thcrcfrom, and property damage, in the total amount of $ I A00,000 per occurrence. Consultant shall suppty City with a filly executed additional insured cndorsemcnt in substantially the form attached Itcrcto as Exhibit Q upon execution of this Agreement and shall be approval in form by the City Attorney. h. Worker's Compensation Insurance. Ln accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to he insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the pcrformuncc of dtc work under this Agreement, Consdtant agrees m ob[ain and maintain eny employer's liability insurance with limits not Icss than $1,0011,000 per accident. c. Professional liability (errors and omissions) insurance, with a combined single limit of not Icss than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Conadtant shall maintain all insurance rcquircd above in full force and effect for dte entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution uC this Agreement and shall he approved in form by the City Attorncy_ (iii) Cerlil icates and policies shall stale that the policies shall not be cancoled or reduced in coverage or changed in any other material aspect without dtirry (30) days prior written notice to the City. c. If Consultant fails or refuses to produce or maintain the insurance rcquircd by this senaion or fails or rctLiscs to famish the City with rcquircd proof that insurance has been procured and is in force and paid for, the City shall have nc~ right, at the City's clcetion, to forthwith tcrminalt; this AbTCCrncnl. Such lcnnination shall nut cl7bct 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 w indemnify the City for any work pcrfomrcd prior to approval of insurance by the Ciry. 7. IN'DEMNIEICATION Consultant agrees to and ahxll indemnify end hold harmless the City, its uClicers, agems, employees, consultants, special counsel, and representatives 8~om liability for personal injury, datnages, just compensation, restihnion, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damago, which may arise from the director 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 scc[ion I of this Agreement. The Consultant further ngrccs to indemnify, hold hannlcas, and pay all costs for the defenac 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, nr asserting that personal injury, d:unagcs,just compensation, restitution, judicial or eyuitablc relief due to personal or propcrry 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 Icgal proceeding. H. CONFIDENTIALITY IC Consultant receives from the Ciry information which due to the nature of such information is reasonably undctstood to be confidential ancUor proprietary, Consultant agrccs that it shall not use or disclose such information except in the performance of this Agreement, and further agrccs to exercise the sa~uc degree of ire it uses to protect its own information of like importance, but in no event Icss than reasonable care. °Confidcntial Information" shall include all nonpublic infot~nation. Contiden[ial information includes not only written information, but also information transferred orally, visually, clcctronically, ur by other means. Confidcntial information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agrccmcnt. 'I he foregoing obligations ofnon-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 diacloscd in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidcntiahty; (d) is required to be diacloscd by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF' IN'EEREti'E CLAUSE Consultant covenants that it prescnlly has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agrccmcnt. 10. NOTICE Any notice, tender, demand, delivery, or other commnnica[ion pursuant to this Agrccmcnt shall be in writing and shall be deemed Lu be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by tdefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Ciry Council City of Santa Ana 30 Civic Ccntcr Plaza (M-30) P.O. t3ox 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy topics tu: Executive Director of Public Works City of Santa Ana 20 Civic Ccntcr Playa (M-36) P.U. f3ox 1988 Santa Ana, Cali$rnia 92702 tclcfacsimile (714) 647-?622 and, City Attorney Ciry of Santa Ana 20 Civic Ccntcr Plaza (M-29) P.U. Box 1988 Santa Ana, California 92702 tclcfacsimilc (714) 647-6515 To Consultant: Mullen & Associates, Inc. 1200 N. Jefferson S[rcck Unit D Anaheim. Califomia 92807 'fclcfacsimile (714) 632-3849 Attn: Larry Mullcn A party may change its address by giving notice in writing to the other party. Thereafter any communication shall be addressed and transmitted to the new address. If sent by mail communication shall be effective or dccrued to have bccn given three (3) days after it has bccn deposited in the United States mail, dilly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have bccn given twcnry-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set foth above. Fur purposes of calculating thcac lime frames, weekends, fcdmal, state, County or City holidays shall be csdudcd. II. EXCLUSIVITYASDAMENOMENT This Agrccment represctlts the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral ur written, between the parties. I^ [hc event oC a cmdlict between the terms of this Agrccment and any attachment hereto, the terms of this Agrccment shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authoriz_cd rcpt~escntativc of Consultant The parties agree that any tcrtns or conditions of any purchase order or other instrument [hat arc inconsistent with. or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agrccment acknowledges drat nn repreecntatious, inducements, promises nr agreements, orally or otherwise, have been made by any party, or anyone acting on bchall' of any party, which arc not embodied herein. 12. ASSIGNMENT Inasmuch as this Agrccment is intended to secure the specialized services of Consultant, ConsultanC may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Ciry and any such assignment, h-a~rsfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agrccment shell be construed to limit the City's ability m have any of the services which arc the subject to this Agrccmcnt pc~formcd by Ciry personnel or by other considmnts retained by City. 13. TERMINATION This Agn~ccmcnt may be terminated by [hc Ciry upon thirty (30) days written notice of termination. In such event, Consultant shall be cmiQed to receive and the City shall pay Consultant compensation for al I 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 Ciry 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 pwposcs as the City deems appropiiatc. h. Yayntcm Hued not be made for work which fails tp meet the standard of performance specified in the Recitals of this Agrccmcnt. 14. D15CR1MINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital stanis, sexual oricnuttion, 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 Incal laws and regulations. 15. JURISDICTION - VENUF. This Agreement has been executed and delivered in the State of California and the validity, interpretation, pcrfurmance, and enforcement of any of the clauses of this Agrccmcnt shall be determined and governed by the laws of the State of California. Bath 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 Agrccmcnt. 1G. YKUFESSIONAL LICENSES Consultant shalh throughout the term of this Agreement, maintain all necessary liccnscs, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the Uni[cd States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immcdiamly and in writing of her inability to obtain or maintain such permits, liccnscs, approvals, v`~aivcrs, and cscmptions. Said inability shall be cause for termination of this Agreement. 17. MISCCLLANEOUS PROVISIONS a. h;ach undcnigmcd represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the [cans of this Agrccmcnt, and shall iudenmi ty Cfty fully, including irasonable 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 si~matory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN W[TNESS WHHREOF, the parties hereto have executed this Amended and Restated Agrccmcnt the date and year first above written. ATTEST: --~ ~_~< i mss-- ~~ ~. PATRICIAF rF r;~aLY 1 Clerk of the C.,~uxi L CITI' OE SANTA ANA ,.f~(AJ172~~r--y~„ct~ DAVID N. RE ~ City Manage APPROVED AS'TO FORM: JOSEPH W. FI,F,TCHF:R City Attorney BY: ~~~~? Lauta Jhccdy Assistant City Attorney KECOD1MENDEU h'OK AYYKOVAL: Director Public Works CONSULTANT ~~ ~ `~ LARRY MULLEN President -~ Tax iD# 9s - ~`f z 3 s'€j~- EXHIBIT A-I SANTA ANA LOO LlGHT1NG IMPROVEMENTS Scope of Scrvices I. Design electrical system for Znnfari, Front Picnic & Walk, and General Entry/food/Gift Storo Area Lighting. 2. Meet with City staff to define: A_ Electrical rcquiroments of equipment. B. Lighting rcyuiremcn[s. 3. Detail electrical work to support compaitivc bidding, including: A. Plan drawings. H. Panelschcdulcs. C. Single lint diagrams. 4. Review shop drawings. 5. Specifications prepared by Mullen and Aasnciates, ]nc. 6. Provide Structural Engineering for pole footings. 7. Preliminary solution: Approximately ten (l0) tree light outlets for portable Hoods, eight (K) walk lights with two (2) accent floods, and four (4) or five (5) more low- Ievel tree lights for the Plaza. Estimated construction cost is $40,000.00 Conmcnsation Compensation for the above items of work shall be a lump sum fcc of Hint thousand, nine hundred tifty dollars ($9,500.00), payahlc in proportion to percentage of work completed. Additional services outside this Scope of Scrvices shall not be pctiormcd without the written authorization of the City. When so authorized Consultant shall provide the services at the following rates: Electrical Enginccr S 110.00 per hour, Project Enginccr S9Q00 per hour, Senior Design Engineer S70.00 per hour, Designer $60.00 per hour, Draftsman $60.00 per hour, Clerical 550.00 per hour. Electrical plan check fees, soil tests. and bid drawing reproduction cost arc not included in the about fcc and will be paid by City. EXHIBIT B ADDITIONAL WSURED GNDORSEMF,NT FOK COMMERCIAL GENF,RAL LIAi3ILITY POLICY Insurance Company This cndorscmcnt tuodi Tics such insurance ae is afforded by the provisions of Policy ~+ relating to the following: I . The City of Santa Ana, 20 Civic Ccntcr Plaza, Santa Ana, Ctdifornia 92701; its officers, employees', agents, volunteers and representatives arc named as additional iusureds ("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 insurnnce carried by or for the benefit of the additional insureds. 3. This insurance applies separately to cnch insurod against whom claim is made or suit is brought except with rcapccl 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. W i[h respect to the additional insureds, [his insurance shall not be cancelled, or materially reduced in arvct:~gc or limits cscept 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 countcrsignaturc, is required to make this cndorscmcnt effective.) Effective Policy #r' Issued to this cndorscmcnt form as a part of Named Insured Countersigned by Authorized Representative ACORI? CERTIFICATE OF LIABILI TY INSURANCE OATS (MM,°DMYY, 11/09/2006 PRDeuceR (714)905-1923 FAX (714)905-1910 THIS CERTIFICATE IS ISSUED A3 A MATTER OF INFORMATION Hayward, Tilton, & Rol app Ins. Assoc., Inc. ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE License #0614365 HOLDER. ~YHIS CERTIFICATE DOES NOT AMEND, E%TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 888 S. Disneyland Drive #400 . Anaheim, CA 92802-1846 -~/-~~(O.~~S INSURERS AFFORDING COVERAGE NAIC# lusuneo Mullen & Associates, Inc. INSUREa A U.S. Fidelity and Guaranty Co. 1200 N. Jefferson Street 1NSUdeR B- National Liability & Fire Ins Suite D w;uRERC Everest National Insurance Co. Anaheim, CA 92807 INSURER^. INSURER F :OVE T HE P OLICIES OF INSURANCE LISTED BE LOW HAVE BEEN ISSUED TO THE I NSURED NAMED A BOVE FOR THE PO LICY PERIOD INDICATED. NOTWITHSTANDING A NV R EQUIREMENT TERM OR CONDITIO N OF ANY CONTRACT OR OTHER DOCUMENT WITH R ESPECT TO WHIC H THIS CERTIFICATE MAY RE ISSUED OR M AY P ERTAIN, THE INSURANCE AFFORDE D BY THE POLICIES DESCRIBED H EREIN IS SUBJEC T TO ALL THE TER MS EXCLUSIONS AND CONDITIONS OF SUCH P OLICI ES AGGREGATE LIMITS SHOWN M AY HAVE BEEN REDUCED BY PAIp CLAIMS. , IN6R DD' rypE OF IN6URANCE POLICY NUMBE0. POLICY EFFECTIVE POLICY EXPIRgTION LIMITS GENERAL LIABILIry BK02131153 07/24/2006 07/24/2007 EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERALLIAUILITY I DAMAGE TO RENTED $ 300,000 Eanv y CLARdG MADE J OCCUR MED EXP An % _ ( y ane {»rson) lO, OOO A Deductible-None PER SONALa ADV wLUar s 1,000,000 __ GENERAL AGGREGATE S 2 DDU UUO 4GEN'L AGGREGATE LIMIT APPLIES PEP' PRODUCTS-COMPIOP AGG _ , , E 2 000 000 -_-_..____-- , X POLICY IECT FLOC Aurolxo6aE UgB1uTY BK02131183 07/24/2006 07/24/2007 T COMBINED SmGLE LIMI ' ANV AUTO (Ee acc~eem) 1,000,000 ALL OWNED AUTGS OTE: THIS COVERAGE IS A scHEDULED AUTns FOR NON-OWNED & HIRED Eoouv NIURr (Pe, wlro^I E X HIRED AUTOS AUTO COVERAGE ONLY-NO X NaN-owNED AUros OWNED VEHICLES. eoDILY INduav (Pe, a==me^o $ -- --- X Deductible-None _-- PROPERTY DAMAGE $ - (Par ar<iOenD GA RAGE LIABILITY AUTO ONLY ~ EA ACCIDENT $ ANY AUTO ' OTHER THAN EA ACC E AUTO ONLY: AGG 8 __ E%CE65NMBRELLA LIABILITY EACN OCCURRENCE $ OCCUR i ~ CLAIMS MaOE J ' AGGREGATE 5 k _ $ DEOUCSIBLE E RETENTION $ E WORNER6 COMPENSATION AND 0100004443 061 02/04/2006 02/04/2007 X YrC STATW jOTW EMPLOYE0.6' UABILITV 6 ANY PROPRIETOR/PARTNERIEXECUTIVE ELEACHAC.CIOFNT $ 1,000,00 OFFICER/MEMBER EXCLUOEDP IyBX 4B6CnCB O^CP/ fL OISEA6E.EAEMPLOYE E 1,000,000 SPECIAL PROVISIONS BaIOw E. L. DISEASE-POLICY OMIT g 1 OOO, OOO P°ro~essional Liability 48AE000605061 01/04/2006 01/04/2007 $1,000,000 Each Claim C $1,000,000 Aggregate _ 510,000-Deductible OE6LRIPT N OP O ERATIO I LOCO 10 S I VEH CLES I F,XCLU6l0 S ADDED BY ENDORSEME T! 6PECWL PROVISIgN6 e: Al~ wor~C er~orm d ~ t~ C t f S ~ p e or Te i y o anta Ana- Par LS, RecreatTOn & Community Services Agency y the named insured. ertifisate holder is added as additional insured as per Add'1 Insured Endt. #CL/BF 22 66 11 02 ttached. ''Note: Ten Day Notice of Cancellation for Non-Payment of Premium/Non-Submission of Payroll Report. r.FRTIFIGATF HOI nFR Clty of Santa And 6HOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Parks, Recreation & Community Services Agency E%PIRATION GATE THEREOF, THE ISSUING INSURER WILL ENOEAVORTO MgIL " Attn; Jason Gabriel 3D OAY6 WRITTEN NOTICE T07HE CERTIFICATE HOLDER NAMED TO THE LEFT 888 W. 5dnid And R1 Vd. ' _ qNT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2nd Floor, M23 OF ANY RIND UPON THE INSURER, ITS AGENTS OR REPPESENTATIVEB / Santa Ana, CA 92702 q / Y / z " AIITNGRIZED REPRESENTATNE / h > 1 ' .C ~ _ _ V ~~'~'a Dona- Deli ht/DLD ACORD 2512001108) HAX: (7149'571-4209 // ©ACORD CORPORATPON 7988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certifcate does not confer rights to the certifcate 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 tloes it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~~ `~~~ ecnan ~c nnn,mm Policy Numb2t: BK02131153 Insured: Mullen 8, Associates Inc. Person or Organisation Required by Written Contract ADDITIONAL INSURED ERR)OASEMENT THIS ENDORSEMENT CHANGES THE PDL~Y. PLEASE READ !T CAREFULLY. Tha endorsement mcAiffes insurarueprcvidrd under the fri€r,:viny: lIABILiTY GU!~EHAuE PART. t The foliocving is added Ir. SECTION tl, WHp IS AN INSURED, 2.: rF~~~ Parson or Organization Required by Written Contract Any peraan or organization Ihat. you agree tc add as au insured under this l'abifty Coverage Part in a wrttan contract cr agrearnenltealis made belcre, and in effect uvhon, the 'trodd;y injury" or 'properD~ daotage' occurs rr the offense that causes the "personal injury' cr"aduertising injury" is first committed, but ony with rospect to That parson's or nrg,nnizdtiai s liahi9ry arising out nF "your work' for that person cr arcanitation. However, such pursen rr arganizatiest Is not 8'1 IgSUfed wiftr rfspf.Ct to aRy' p) '9odiiy injury, 'propeny damage', 'psrsona! injuq~' nr 'nave dising iejory` [eat tones net arise nut of your negligencr;: 121 Bodily injury,` 'property damage,' 'persona: injury' m 'arh~ertisiny ivory" inr v.hicn such prxsun rn organ`zatht, has assumed !iabiliry in a contract cr agreement. except for liab6[y for damages that such person cr crganitatien would have in the absence rt the rnnlrart rr agreement: (31 `Property damage' tr,: (al Prcpertyowt!ed,usedaoccupiedny er banod or rented to such?rnxcn rr organiza(on, (bl Prrperty over which sudt persrxt or organizakmt Is fur any {nnnosa axercisirtg atysical cattru!: cr (cl "Year wccC perlcr:ned Irr the insur<;d; Or {91 'bodily iryury,' "prcprrry Aanriye, "prrw!rtl injury or "a;lvertl5iny ;njury'. arising out of an architect's, engineer's or surveyor's renderng er, ar faium to renrier, any "professional service" v~hrn sur.n persrm ur orga:}~„atinn is an arOniter, t, engineer or surveyor, the fC,lewiny is added to SECTION IV. CONDITIONS, 5. "Other Insurance", a. primary Insurence,(21: In adrlition, this nsurance will be cmtsdared primary m, and ~ton- contrihutrny with, 'ot!»r in:;uranra" issur;'I dire,lly to a ix:rsca ur organization added as an additional instaerl antler the Perron ar t)rganiza6on Pequired 8y Written fcntract Additirnal Insured sndcrsemenl, if you sperrically agree, in That arrittan contract or agreement, that this insurance must be primary ta, and non•cnnUibulmy with, such'c1hHr i~tsuranco'. This fnsurance wih' then Br: npplieA us mirnary insurance far Aamages fnr'1tndJy njury", "properly damage", "parsnna' injury' nr "advertising :ntuy" that are rovered by the Percrn nr ftrgani>aticn Required Ry Wr:[ten Contract AddiGonai Insured endcrssmen( end that are. iarurred by s~,rcn person or organization, and we wid net share those damages evitit such "ether [nsunnce". A!I Olhar CermS Of yCUr pClicyremair}ihe Same. Ir J,:9ar rW 1 [n 'ia vrraru S.S p l u Li', n ~ ne:Snw f,}[jP U17: r~I~V.'r.I9iN rC Ac;C:Rt9~ d,.2'.sk CHECKLIST FOR PROCESSING AGREEMENTS AND AMENDMENTS ~ -' TO: CLERK OF TnnHE'CJOU/NCILrrOFFICE JJ FROM: DEPT.: l'V h1 1(, bt,c~ f`JcS MAIL STOP: ~ l7 ~ CONTACT PERSON: uJ A`I/ 1 O ~~ T-I_~`~I.I EXT.: S~ U THE FOLLOWING ITEMS SHOULD 8E PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY: AGREEMENT NUMBER (if amendment): A /(N AMENDMENT NUMBER (if applicable):/ ^ SST ^ 2ND ^ 3rzo ^ COUNCIL APPROVAL DATE: N• ~ . AMOUNT' ^ OVER $10,000 ~ UNDER $10,000 NAME OF CONSULTANT:~V~ ,/ (~~(%~ ~' ~~L l ~'~~ _ Zt7 ~~ TERM OF AGREEMENT: EFFECTIVE DATE: ~ I--t-Z~}b TERMINATION DATE: ~'~ 3 y'-~~~ INSURANCE REQUIRED: ^ NO ~ YES If yes, ~? ATTACHED ^ IN PROGRESS AUTO CGL (Commercial General Liability) PROFESSIONAL LIABILITY WORKERS COMPENSATION (INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) SIGNATURES REQUIRED: ^ VENDOR J$I CITY ATTORNEY ^ AGENCY (UNDER $10,000) ^ OTHER FOR CLERK OFFICE USE ONLY: ^ PROCESS ADDITIONAL ^ DO NOT PROCESS ^ MISSING SIGNATURES ^ NEEDS COUNCIL APPROVAL ^ OTHER ~. ,-~ ... ,. .~~ _. ~, -~[a .. .~ r,.. _.. ., ,_ A RD~ CERTIFICATE OF LIABILIT Y INSURANCE o'~i7i" PRODUCER (714) 905-1923 x3125, I?ax(714) 905-1910 Ha and Tilton & Rola Ins. Assoc. , Inc. Yw ~ - 1?P License N0614365 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. 888 S. Disneyland Drive ~i400 Anaheim CA 928021646 INSURERS AFFORDING COVERAGE NAIC # WSUREO INSURER A Tray®lera Ind. CO . of Conn . Mull@n & ~1880C1at@9, IriC. INSURERB:Pr@fATr@d E 10 Ara InS. 1200 N. Jefferson Street wsuRERC:Everest National Ins.Co. sL11te D INSURER D. _ Ai38hA1Dl CA 92807 (~ 1l~ INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHSTANDINGAHY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH 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. DiSR D~ TYPEOFWSURANCE PQLICYNUMBER ~~ EFFECTNE P~ ME>~RATiON LIMTfb GENERALLIABILnY 680 4413L7C8 07/24/2007 07/24/2008 1,000,000 X COMMERCIAL GENERAL LIA80.1TY D TO RENTED ~ 300 , 000 A CLAUNS MADE a OCCUR MED EXP one s, OOO Deductibl0-Nona S 1 6 1,000,000 AGG t 2,000,000 GEN1 AGGREGATE LDAIT APPLIES PER 2 , 000 000 X I AUTOM081LELIABILIfY ~~ 680 4413L748 07/24/2007 07/24/2008 COMBWEOSINGLELat1T ICI l,ooo,ooo A ALLONMEDAUTOS NOTE: TNIB CO~vER1uG8 IS BOOILYINNRY SCHEDULED AUTOS 1^OR NON-ONNSD 6 HIPSD (Paprfon) : X FIIREDAUiOS AUTO ~~~ ONLY-~ BOOILYINJURY X NON-0NMEOAUTOS OSrtl1ED V88ICLSB. (Pvsaldarq) 8 X Deductible-None PROPERTYDNAAOE tpo- aceioxal ~ OARAOELUUBLnY AUTO NLY•EAACCIDENT ANY AUTO OTHER THAN ~ AUTO ONLY A EXCE88RJMBRELLA LIABILITY /- OCCUR ~ CWMS MADE ` ~5 s DEDUCTIBLE 4 $ WOAKERBCOMPENSATIONAND TdIQT133245-1 02/Od/2007 02/04/2008 y n " EMPLOYERB'LNBRJTY ANY PROPRIETORIPARTNERIEXECUTNE E.L. ACM ACCXXSNT 1, 000, OOO OFFICERMIEMBER EXCLUDED'! E.L. DISEASE • EA EMPLOYEE 1, 000 , OOO n ya. aaorms order s eebw EASE • POLICY LallT 1, 000 , 000 C OTHER Prolesaional Liability- Rgtro Dais: 12/28/1979 48A8000505071 01/04/2007 01/04/2008 $1,000,000 Each Claim $1,000,000 Aggregate $10,000-Deduatibla DEBCRIPTWN OF OPERAflONSfLOCATgNBNENICLESlE1(CLUSIONS ADDED BY ENDDRSEYENTISPECUIL PROYgt4N8 Ra: Ali Operations Certificate holder is added as additional insured as per CGD2520303 attached. Primary-Non-Contributory wording as per CGD037 Od OS attached. ~Noto: Ton Day Notice oP Cancollation Lor Non-Payment o! Premium/Non-Submission of Paproll Report. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIE8 BE CANCELLED BEFORE THE City Of Santa Ana EXPIRATION DATE THEREOF, THE IS3UD10 INSURER YVILL ENDEAVOR TO MAIL PUb1iC WOrkB AgEInCy 30 DAYS NIRITTEN NOTICE TO THE CERTIFK:ATE HOLDER NAMED TO THE LEFT, BUT 20 Civia Center Plaza Santa Ana, CA 92702 FAIWRE TO 00 80 8HALL IMPOSE NO OBLIGATION OR LUIBILTTY OF ANY KIND UPON THE D18UAER. TTa AGENTS OR REPREBENTATIYE8. AUTHORIZED REPRESENTATIVE Dona Delight/DLD ~ p`•~•~- ACORD 25 (2001108) ®ACORD CORPORATION 1968 INS0251o1oel am Pepe i of t 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 Ileu of such endorsement(s). DISCLAIMER The t".ertficate of Insurance on the reverse side of this form does not constitute a contrail 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 polices listed thereon. ACORD Z6 (Z007lOBf IN3025 to,oe~,.oe. Peg. z m z Policy #680 44131748 insured: Mullen 8t Associates Inc. Eff. 7124/2007 CUM6IEI"+I;IAi. GEt~t:t~1l. t.lAfllU•i'V THIS EId00RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 6LANKET ADDITI4NA~ INSURED ~CGINTRACI"QRS OPERATl4NS} 'fhr8 &rldot8t3Atf3At moclihas insuranco pravigrxi unu4r the toilotsring: CUMtr1EAt~AI GENERAL LIAi31Lt'TY COVERAG E PAR7' COMMERC+ALGENtcRI'.L LIABILLiY -Ct3htTRS1CTORS CpYEFtAGE PART 1. 1Rftip t& AN i1~SUREO - IStictian llj rs arreritit:ti c) This insurance uses not a(~Iy to 'bntl~yr ~- tu Irttltrde tmy perttat ur orgazdzatwn ycrtt ttre re• jury' nr `prt~erty dnmaye' crrt~ed by 'your gtrirrod to ~tclude ea ~t 8ddilitst,;tl msuretl a: q:in tivetk• Included us tt~ •products•compietetf pdiCy tsy a written corttracl ar r~riflen ugreemeat opcrrttions httzard`. in efisct durttrg ties porrcy prniod anrJ ~rgr:ed irr,rl ~ ThiS iruvrance tio~ ret appty to tiny t;erson ettacuted oy you p+ics< to the toss tar vtif:ich cover or organization tar -yham you have proct:rett age is aottgtN. ttte person or or~truxnNon Goon a,~ptrreto liabsily intiutanCri +altito such instu- nW gtrali<y rtts rat rttlditMrlal insured vrith respect to attce it; in effect. ragart~ess o! tvhs~iher the ttte irtdep6ndts»t acto of omissions of soda porirun ' scope or lirniis of insurance h+ this poticy ex• rho perrte,t or organitatiart is cr orgtrntzat,an. c~~ tt,ttse r~! sts;tr other irtswanre or tniy an a~itionsl insueec! ivtth recpaCt to Gat~ikty vtheinec lttxh elltEtr insurancE is vatru Q' ool• Caused try "your v+~ntk• for lhat trrldi~onai a:suretl. tactabte:. 2. The insurance ptov,tler! ttr ihn trdditiunat :nsurtstl 3. Subpart t t)ia) of tl:R r'+~ilurron excitss'tcat+ tr,'ele' is tirrwed its ta~o+.s: Puragrap'r 2.. Ettt~t~inns d BtxGty injury and a} !n tiua event tttal the tim~IR of IinMGly seated in t~rctpnrty Q<Irrtage UaWlity Cov~xare ~Sectiart 1- tittt S~cY exceed Qtslintits of ftgtibty tettuirett CtIVer3yesi rJ~eS r:rtt 8ppip to ;•int ,t the 'tracl~y t)y ti itrhtt@It canttact ctr v.•rhton agrer3rrront art injury` Ot `ptopetty tia11i1ayC" <;ti3o3 Cut G1 '~ait1' etleCt during this popry Ixdtod and tdyrted arc! work' partarmerl tbt pMmises srft,cit .;re o~vnod a ezaculed by ytw prior to the tars for ~vhcri rented by Utp addltlanet inSareO at ate time 'your Cotorage is Stxtght, tt;e htswance prtviWttl th~rk• i3 pOrtom:Od. by Chili ertdarxrtmeM sltrrrl be Iirnitod 10 rtta 4. Any CaVdfa~je ptovlded try titles or~arstrrr~nt loan litrdtS W wrtt~rty tegt~recl by suc~lo Contract er tutditiortal assured shnN be excoss over any other agretttrrent. 'this endorsement slmtt not in• y~ g~ t:ouspihlrt rnstrrAnoa availatus !A the rtewse tl'tt! riatits erased in Section 1S - t!f'~tTS acirlirtaia+ uv5utet! utrethor primary. exCerrs, ctxt• Ot= UlSURAHCE lNtpcnt or on any atner basis. b} rho irrhurrtnotr providocl to the atlcGianat in• g, A,g tt cvrttlitto» of Coverage. each rukhlianal cured loos not apply to "IxrdSy iniury~• ~pr'op• irtttttrod ntt,•si: 8rPj dnmaga•. `personal xyttry' or 'ap:r;Kt:ring injury' attsutg cut A[ an arctuteu's, @rtgrlesr•S n•) Gaye txt r3rornat wrih~n tstt-cs pt any 'tx~r• cx srtrveya.*s r6nueriRq of or failure to nentbar r~~` ar opansa wh~Ch may rrrsuii in a any ptolessionAl soNisres irtcludnp: arm prrnnpt tvrittan rut~cs cN `stnY. t. The preparing. approvirrp or tziihng to b.l lrnnte;liately Iarward an t~;al papers to ua. prttp8te or eppra+s mutts. shop tira:vincin. Copperrtte in rho awesagatian or seltle,nent el upiniens. reports. surveys. linitl ordern, the clrtim ar ttetetts+r tt~gautx the 'suit' and ehrsnge n,dars. ar ei,sewinga root apoeib• othervino taomply vrilt- poGey cenriitions. cAtian3: atu3 a} Tender the tfelenstr and mdemnrtyr or rtn; 1l. Sttptrr:ri3oty ar irtaltpcrron activities Imr• claim or 'suit' to trey other insurer which also ioartod ss pan of nny retwvd nrotuttctural htsures ttgJeirtSt a lass vre cover nnWtr this or engirreu:ing etdvitiQS. t:tuln~sttn><snt. This inclutJes. taut is not Iir;slt8d (~. any inSUrer tivtuch ttas isSt,@d a peieC3r Cf I»auranro in :vhi,:h rho attcrnianttl insured CG A2 S~ of 03 Gapytr flnt. 'rho Trrtvtt16r5 Indrrrlniry Company. 200x" 'ago t ai 2 t~tYMAERCIAi. GENERPa. I.IA9ILITY as Art inetued. For purportes of this requlrernent~ the terrrf 'Meares age[nst' refers to arty AeyanarrrAncs and ~ any Insurer whkh Issued a po<iq of insurance that may pnsride cwsrags for Me bsa. regardtesa of whether the Addltlarel insured has actually requested that the ir~rrer prcAride the acfdiDonat ttsatrad with a defense andbr tndemr~y under that policy of tnsuranoa. d.) Agree to make ava>table arty other insurance that the adcttfonai irouted has for a toss we cover under this era~e+e>ent. Pads Q of 2 t,,opyrlght, The Travelers Indemnity Company. 2003 C3 DZ !!i2 Q103 Policy # 680 4413L748 Eff. 7124/2007 tnsuted: tlAutten 8 Associates inc. (Primary/Non-Contributory Endt) ct~llaeRgAt GENERAL uAell.tnr THIS ENDORSEMENT CHANaEB THE Pf?LtCY. PLEASE READ IT CAREFIlt.t.Y. Ql'HER INSURANCE - ADDI'TI~NAL INSUREDS This ar~asertteN rrrediRee IrRUrance provided under rho tattaving+ C01~AAAERgAI. GENERAL LIABILITY COVERAGE PART PROV~IONS tRGW. t3ENEHAL LIABILITY CgNOtTiONS tt3oaia- tY-. Paragraph A. (Otlur insurance}. is arttertdW as totaows: 7. The lottowing Is added to Peragritrph a. Printery Instsnttce: Haewver.ll ycu spec~kagy agree fn a wrillert Dora' trod a v>YAten agrsemeM Thal the insuntnot pro' vWod ban addbtatd utsurad wrier ~~ Caerage Pan awsl ~appy oA a primary bards. or a primary and nal~tYiDYtOry basis. ttris irvrur• arax is prMary to ollret itteura»ce mat is euaiF- able to addflbtMl unwed which ccwrs such adrAgor~ ir+staed as a homed Mswod. and rro wNl not Share tNitlt that ttthet insurance. provided tt>ob a. The 'bodltt- irqury' a< 'ptaperyr drnrtage• for whfch zoverage is sough) occurs: and b. The •persanal ir~ur~' ar 'edverli~ng injury' tar which coverage is sought 8ri5+a cut o! en o~ tense comtnbtea Stlbe6Quet-t to the signing and axeetsZort ct )trot CgftraCt Or aptaemeM bt- you. Z. The prat Std~paragraph ~2) of Paragraph b. 6t- coca tneurana regerdhtg any oiler prtmttry tn- aWance avaNatNe w you is deleted. 3. Ths toilowtng bf added ~ Paragraph b. : Insurance. as an addZfatat wbperagraph tattler Subparagraph (t}: That is available to the insured when qte iraeued is added as an itrowed trader any other policy. IndWratg any umbr8pa or erraese ts~v- CG DO 3704 DS Copyright 2005 The 81. Paul Tirtvebra CarnpaNes. Irrc. Ap rlg-ns reserver!. Pape t of 1