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HomeMy WebLinkAboutRUSSELL & SONS, INC. 6Cit of Santa Ana ~ 02~~~ Y =~ Clerk of the Council ,~ _~~ AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect.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 647-6520 if you have any questions. The agreement with ~~~~'~ • ~a~~~,~) ~ ~'1S 1 ~n C , No. h4=20198- -~ Zj~Q ~ ~ was com leted on O ~ ~ V r and final payment has been made. Department: Phone/Ext.: ~, 5~j~-~ Signature: ~ Date: ~ O Ra~~s~,z-0,-0, , INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES ..s"'~o,or CONSULTANT AGREEMENT CLERKOFCOUNCILAUG 2 9 2007 nATE: THIS AGREEMENT, made and entered into this 151 day of July, 2007 by and between Russell & Sons, 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 ofthe State of California (hereinafter "City"). N-2007 -089 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of plumbing maintenance, repair, and installation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform plumbing maintenance, repair and installation as-needed, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2008, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of$l,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance 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. 2 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 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. 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, 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 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 3 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. 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: Deputy City Manager for Development Services 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 & Sons, Inc. 2122 S. Wright Street Santa Ana, California 92705 Telefacsimile (714) 545-8973 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 effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 5 compensation for all services performed by Consultant prior to receipt of such notice oftermination, 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 ofthis Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ofthe terms ofthis Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Mtz DAVID N. REAM City Manager PATRJCIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BY:~~ f'.~ Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT "1l'Wj~ W~ TEPHEN ING ~eputy City anager for Development Services Community Development Agency ~~~ill STEVE RUSSELL President Tax ID# <15" -,\bliOb 7 Labor Rates Effective 05-07-07 80.00 minimum first Y2 hour 40.00 each additional ~ hour 80.00 per hour 45.00 per hour for helper ~....... .... '" ...... .80.00 %...... . .... ... . '" ..1 00.00 1... . .................120.00 I y,;..................140.00 I ~................. .160.00 1 %..................180.00 2.. ..... ..... ....... ..200.00 2 y,;................. .220.00 2 ~................. .240.00 2 %........ ......... .260.00 3.................... .280.00 3 y,;................. .300.00 3 ~..................320.00 3 Y4................. .340.00 4........ ..... .... '" .360.00 4 Y4..................380.00 4 ~..................400.00 4 %..................420.00 G'd 8L689V9t7 ~L 5.00 fuel surcharge 3.00-6.00 cable charge 5. ....... . ........ . ... ..440.00 5 Y.................... ..460.00 5 Yz....................480.00 5 %..... ..... ......... .500.00 6........ ........ ... ....520.00 6 Y4. ...... .......... ...540.00 6 yz................. ...560.00 634. ............... ....580.00 7................... ....600.00 7 y,;....................620.00 7 ~....................640.00 7 %... ............. ....660.00 8......... ........... ...680.00 Backflow Testing 64.00 First Device 35.00 Each additional ue!J8 eo~:go LO o~ Inr Apr 17 07 08:~la J.l.la~l ,- . AC~~~:~_ ~;~. PROOUC~. REVISED F.', . _ ,... . ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rl t, . ~JOl'fLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE FEDERATED MUTUAL INSURANCE Cd'MPANY" I>flj/:oER. 1 HIS CERTIFCCA TE DOES NOT AMEND. EXTEND OR 5701 W. Talavi Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Glendale, AZ 85306 COMPANIES AFFORDING COVERAGE Phone: 1-888-333-4949 ~~PANY ffi)ERATED MUTUAL INSURANCE COMPANY on Home Office: Owatonna, MN 55060 I A FEDERATED SERVICE INSURANCE COMPANY """, r~~~hl~NE~:~ONSINC~---'15-'i:~~~;:tnlt - ------=_ COMPANY o THIS IS TO CERTIFY THAT THE POllCIl;S OF INSURANCE LISTED BELOW HAVE BEEN ISSVElJ TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PQUCIIOS DESCRIBED HEREIN IS SUBJECT TO ALL THE rERMS, EXCLUSIONS ANO CONOITIONS OF SUCH POLICIES. LIMITS SHOW,\! MAY HAVE BEEN REDUCED BY PAID CLAIMS ;r-fY-~E OF INSuRANCE ('-----:LI:=B~- -~~~~ 'I~OLlCy- EXPIRATION I - --- .--:MIT~ ~ LTR . DATE (MM/OOIYV/ , DATE (MM/DOIVVJ I I I GB.;mr.lAGGREGAT( .. ~2.000~ I ~OUCTS,coMP/Cr~GZ i' 2,000,006 = OS/20/08 ~CRSONAl "_~Ju~ ' ;-1.9ilih.QOQ... I f-:AC"OCC~N~_ -I, 1,QQ9,OOQ__ , I r-I~[ OAIVA(;€ (A-"Y c',. I.,,; I.~ .~O,OOO _ _ I i M~n EXI=' (Any one pc~!<ocn; \ S , , I CO,"ll'NW SINGLE """ l' : O~lRAt. L1ABIUTY '.-'-'~ COMMERCIAL GENERA~l.r.A8ILITY I' A ,-,' l CLM'S MADE L~ OCCUR .~ FNEA'S ~ CONTRAC-OA'S PROT I X 9USINESSOWNEK.S PQUCY .- 1------1 9801504 05120/07 AUTOMOQlLE llA9lUTY I ANV AUTO f- .~ All O\NNbO AUTOS SCHEO~LED AUTOS . J hIRe.O AVl OS J NON-OWNE.D AUTo5" , EXC[$S llABlUTY r---. I t,.'MBRH LA FO RM I -1 OTHER THA,~ UMBIlHLA FORM . WORKERS COMPENSATION A!\IO : FMPLOVERS' lIABIUTY -I I I ( 1- r...',-" : I r I ., _rl~::":V\. i.'.j . , I . 600ll Y l.'-':JURY I., ~'~~~_ _ -L-. ___ _.. I" SODlt Y ,INJURY I ~ (Pet ~C(,,<:I'fltJ I--'---i-- \ PROPER,y ;:'~MAGt ;t 1'- - i~A~AGE LlAB1UTY I ANy ACTO I~ --- ~_~l~( ~\~. ~ _ Gi:~~'AN AUIO g~ __ _' _~_.~_ ~ _.E:ACHACC:.~~~_ I AGGRE:JAl t S lEACH O~CUnA(NC[ _ I ~ ~~. ~G~~rr-_ n_I:__ l_.j~~~~[!~.~Ns~~~Y~ . _______ I El. EACH ACCtDtNT + ~SEASr ~PO:JCY-..::1M:~ J~ ~ _-==-_ i tL OISfA':5E. l:A EMPlOYE~_ L2 . 1 HE PAOF'RIETOf'V PA\.!TNERSIfXECUnVF . OF=~'CU.'lS ARt ql'lCL I I (XCl J"'i ~\\ct .~r. , , I OTHlR OESCIllPTlON OF OP~llATlONS'LOC"'TIONSIVEHICLESISPECIAlITEMS SEE ATTACH~D PAGE CITY OF SANTA ANA ATTN PURCHASING DEPT 20 CIVIC CENTER PLAZA SANTA ANA CA 92701-4010 EXPIRATION OAT~ THEREOF. ntE ISSVING COMPANY WILL )l)(~nxMAll --3{L OAVS WRIHEN NOnC~ TO THE CERTlFICAH HOWER NAMED TO THC LEn, ~~~XH~14XXX ~J4II.llU(X)(J('lO~ X~ _E!!XJEll:~XX ;oo'd pr 17 07 08:51a T11ag1 THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modIfies insurance provided under the fOllow'ng: BUSINESSOWNERS LlASILlIY COVERAGE FORM A. WHO IS AN INSURED for "bodily injury" and "property damage" is amended to include any person or organization, other than a joint venture, for which you have a~reecl by written contract to procure bodily I.'1Jury and property damage liability insurance, arising out of operations performed by you or on your behalf However, this additional Insurance does not apply to: 1. An employee, association of employees or labor union, except witli reSllect to work perform8d by or !0r you (or such employee, association of employees or labor union under direct contract between you as contraclor and such employee, association of employees or labor union as Owners: 2. Any railroad company except with respect to work performed by or for you for Suctl railroad company under direct contract or agreement between you and such rai!road company; 3, Any person or organization whose profeSSion, business or occupation is that of an architect. surveyor or engineer with respect to liability arising out of the preparatlOl1 or approval of maps, drawings, opinions, reports. surveys, change orders, designs, specifications or the performance of any other prof€sslona/ services by such person or organization; or 4. Any of your Subcontractors. or any partner, officer, agent or employee of such Subcontractor. B. The Coverage extended to any additional insured by this endorsement is limited 10, and subject to. all terms, conditions, and exclusions of lhe coverage form to which this endor~e1Tlent is attached. In addition. Coverage shall not exceed the terms a'1d conditions that are required by the terms of the wr:tfen agreement to add any insured, or to procure insurance C. The Limits of Insurance applicable to such insurance shall be the lesser of the limits requireo by the agreement between the parties or the limits provided by t~IS pOlicy O. Additional Exclusion The Insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "bodily injury" or "property dami:lge" which occurs prior to the date of your contract with such person or organization; 2. To "bodily injury" or "property damage" included within the "proQucts - completed operations ha7ard"; or 3. To "bodily injury" or "property damage" anslng out of the sole negligence of any person or organization that would not be an insured except for this endorsement. AI ~~ '1 :'J I~-':) ~~~. -;'/1 --- --'" ;' ---_.~- 14B-~_n --- 3!!/-- i :,', ,,;', :' '; '. '. ,-.. -. '-' , /', ~ ~ . .J l,~ .1:~ '--, d J ;\Lll)L:'''::" Includes copyrighted material of Insurance Services Office, Inc. wilh its permission BP-F- ~ 15 (07-99) Policy Nlimber: 9801504 Transaction EifeclivG Dote 1:-17.2000 p'd f"/ ~O_C.4-(' (LY' \ ,- . lpr 17 07 08: 51 a T11ag1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ tr CAREFULL Y. PRIMARY AND NON-CONTRIBUTORY ClAlJS~ ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM it is agreed that the insurance provided by any additional insured endorsement is prim;;ry. We will not seek contribution from any other insurer when insurance on a nen-contributing basis is required by contract .....i.'>J\ \ - j' ~>j ~, ' , . l t... ~ ,,'" ' " ,,' r l-~.J ~ ..-, \ \ J {,. - .' ''fP-.Z, .~;;-- -- -- ~ . "j ..--.---- - , y,,-" Includes copyrighted ma;erial of l[l~Urance Services Office, Inc, with its permission. BP.F.119 (Oi'U4) Policy Number: 98015011 Transac\IQn Effective Date' 10-17-2006 p.3 Apr 17 07 08:52a Tl1ag1 ,'- . '-' CERTIFICATE OF INSURANCE INSURED 315.9'ilD-2 JAMES H RUSSELL & SONS INC 2122 S WRIGHT ST SANTA ANA CA 92705 DESCRIPTION OF OPERATIONSlLOCAT10NSNEHlCLES/SPECIAL ITEMS CERTIFICATEHOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. CITY OF SANTA ANA. ITS OFFICERS. AGENTS, AND EMPLOYEES ARE ALSO LISTED AS ADDITIONAL INSURED. INSURANCE PROVIDED BY THE BUSINESSOWNERS LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE "i:-: C~i ~~~_7\'''1 ..') , '.'__j1D C;ii-- :' ',. \ I.. ~~...l ~.... " CERTIFICATE HOLDER CITY OF SANTA ANA A TIN PURCHASING DEPT 20 CIVIC CENTER PLAZA SANTA ANA CA 92701-4010 115 na~ Ut1 utJ U::l:u/a 111 agl Ma:o 05. 08 0,1: 25p T11ac:1 IV, J2 00 7- 06'9 Apr 16 08 11: 28a T Ila!:1 f.2 P. 02/03 ~PR-16-2008 WED 11:47 AM FEDERATED CPU FAX ~C, 15074557828 ,._,.........,......... ACORD h' ,.'" ,- _: :o''!! ,::.';,.,~_.",":" ~~~:":!..,~:;:;., ". ".': l'flaoOCt'fl " .t~l~~trt~:W$U~ .v~',~~~~~\~;l~}~~~~~~~~~~ dA~~~'1 . THt$ ClRllFICATIi 1& t5&UEC AS It. MA'r or INPOfIMATlON ONLY AND co~ NO IIC""S UPON THE. CERTIFICATE HOlDEN, THIS r.FHTlFfCATE DOES NOY IIMrND, fXUNO OR ALTER THe COVE~ACE AFFORDeO iV THE POUCl6G i~'?_~,. ... _J;OMPANlES AFFOIIDING COV~AG& 1. (,;I)M,....~~ fE;)ERA1E':) Ml,ITUAl.lNSUFtANCECOMPANV OPl II feOe... TeD SERVICe INSURANCE COMI'ANv "-'a';~ -COflt;~~~_.'H' - ..... . , FEDERATiD Ml11UIIL INiUlWlCE COMPANY 5701 W. Talavi Boulevard Glendale, AZ 85306 Phon.: 1.eOll.~3;l'4949 I-Iome Oftice: Owalon"", MN sS060 tH.l:UIt'D JAMES H RUSSELL & SONS INC ?122 S WRIGHT ST SANTA ANA CA 92705 COM~.lj~ C Cll'~I"1ll"'~ o ~~~~~r:F i ;;:-',"-'rr ~~": '$;; '(f: ,;I, ~..~,,~::{'~:' . ~ "". )':'. (:~H, . ~~'~' ~: :;,;~}i'(,~:f:.;:7~f~#\~.:;t~;;ri:J~~ ',:i~?:':r F~ TIiIS 15 TO CERTIFY THAT THE P"OLlCIESOF wSUAANCt USTfO M'LOW i~Avt aetN fGSV(fJ TO YuE If.ISl1RtD NM.tI!.O AGO'll!: roR 'THE POlICV Pl~OrJ INOICATEO, flJQTWITHSTANPtNG "'NY ~EQU"!N6~t. ~ OR CON0l1I0~ m ANY CONTRACT C'A OMR OOCUM9.lT wm.j RESPeCT ra WHICh THIS tE.ATlFICA.TF MAY' BE ISSUEO Oh MAY I'fRTAIN. T11Ii NSURANCll; ",FI'OM)rO &y lHf f"QL\l,:lt~ m,sl:"tHQ I1!RetN 1$ $UBJtCT TO ALL n1f n:~, ~.'<CI.Lr'IOr>f' AND CONDITIONS Of' SUCH rOl.ICIr;~. LIMITS 5HDWN M"~ t1~"t I!IW IIlEDVCED BV Pol\otO Cl..AIMS, \'~T" n't'fOflrdll"'NC~ ~OL'C'l'~Kft ...... 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Y .:.._~;:o..._______ ~-.!~""ACt:Itlt.N'T ~._ 1r.{iGftfOAH 4 ~~M O<:'LIl\A~~Cr. l(j(;(t{(jAH i I ~ _tll.~U.S UIUl>llY li~~M:U~ lOR". 1- on1t.!l1'H""tll,I"'iP.~Llll ~O""', I t. , , ~ iA U. 011i ,(lEl'Ctt"Ctl~l I 1 (\ QIU.S\! I"~~~ l.l~lT_ _ ~==-~~___ I tl OI5t._g: .(,l ~"'PLO'lf~ ~ WQnKf'''' CO~!:frA"TIOlll MlO n'l'lo~ut'llo\lIl:lJ'rY l'ft PflOPT:.I(:TO"1 ~Il.I1oTfI;~IISJf,l(fCUTIYf "'fl('(nSl\!l!: t}lllln 114;1 ~II(:. I j'.' ~ :~":\.2d __I ~1-- .~ I , 1'\ ()i$CIIIltTlOo, 0' O~EMl1~llOC^1IOt4NIit4,tl[Ii"ib~e<Al.lfthIIl ,,:{..nACII~p.1oCf ,OMttFtC.o\l~~*':~>:~i;:ti-i~~:~:~':t;';f:?~:':~i~ ~t~\~i.rt,b.'.':';~:: H""" THE DEPOT OF SANTA ANA 1000 E SIINT A ANA BLVD STr '00 SANTA ANA CA ~701 .Tr9N, ?~;~:~j:'~-':ti<~t;~P~:\~~~:~~:;;;~.i};;~:;." :lmlUla Am or Tilt AIK)Vl! DOCIl1UD 1'Ql.l~1 Irf, CIll'tOt.tL~ orrOllt TlIt , UPlN.TIOk OAU I"~ THL ISiUNC COMNN'I Wtll JllW""f'DeXlDr:MaK ~~ PAn Wl!.lr'"'f" HO'lG '1'0 ltU! tMl'lRCATf ""lOOl *,-ft\ep YO 'Oi( lm ....ltIUlltJIl)I"A<Jr.Wl:>l."""~MIIIOCT _NWr J~.'Il't~ ~~ )(llkX...."...1DM(:ltlt~ lI\lfMllN.:III/l~m-"IA)1V I I , .. ~:, ' ":~~"" ~.~~"1llB!J , .MOllO U',$ /.11ll'1:. " ,p:' j",!'.; "_.',<;.,.,,, p.2 p.2 .~"''''''b''' p.5 Ma~ 05 00 01:26p Tllac;l p.~ CERTIFICATE OF LIABILITY INSURANCE I C1LlEl"'OQfYf"'"' A (;UHLt i 04/2t/~oo' -.. ('OO)5l~.102~ FAX (100)52"'01] THIS CEIIT1I'lCAlE IS _ AI A MATT8I OF IIIRlllIA TION ~utooatic ~t. Processing In","nc. AgencY. lnc CIIlV AND CONFER.tIO_nlll'ON TIE CEIlTIFleATE HOUlER. Tf<ls CDlTfACATE lIOE$ NOT AMEND, EXTEND OR 1 ADP 1o..1eu.1"cI AllFRrnE CXlVeRAOE AWMDeo 8V THE pocaes BElOw. - Ros.l.nd, ~) 0106. INSUIWIS AFFCNDING CCV~1WlE HAlC. ~lell J~IlI.5 II bsse 11 " son. Inc ["'PI Dye", MAtiwr Ins. (0 '_"0 I"'~"'; 1112 s. wrigftt St. ~tI.N~... ... S."t~ ~~. [A ~170\ lIcIlaI.llt;; If"l.REfi!o" "-- IM~II!"Ii.: rfiF. POUCIf.S 01" INst.lRAN:E Ll8l1!O !!\.0V1J IiAVE BEEN ISSYED T01,,*-11f~ NAMEDIADO\llEFOfIllHI! POI.JCV fIENOD IOCIlTtt'. Non'WlH~f JIIfl10lN3 AN'\' R:EQUtRELliMT, TERM OR caterrlOK OfNl'ltOHTRACrOA OTHElt DOClJME'rtT It'Arlolfti~TTOI/ttICH TH$ CEATFlCATE:t.'AY" Sf ISSUEOOR wPoV PurTAlN. THI! :NIS"'~ ""roROEDBV TI'f! POlICIES OtliCAlaeD HEAEIfI tS SVU-C':" 10 AU. THE rEAMS. EXCt.lI$ONS "NO COl'tDITIOt.!.$ or SV~H ;:IWC1ES. AGGREGAT! U6f'tS 3HO.....fIrIl Wi.V H*,VE BEEf( flEDUCEO I!IY .PAlO CLAlhtIii T'I"r'If'IlItINNCI '0...1("'_11 fIQl.Wl' GlNHALLI'WIIJl1' . COMI.tEAelll.l. C".fNERA.lllA.et~/\"V CLl,1t,I.U,W:H 0 llO:clR . ,",ns ""'04OCCl.I.RlIDIt.l" S .ri~--. W"'L~OI"INll)^,,\O'- L ..; .$';HlWu~eo ___vms "l.RBIAUTOS NON~oltlJTOS IlIEtU:llll'{"" 0."'''''''''1 II'BlSONM....",DVItIJLIAV . QtNE~ ,tIGOfalQ/l\.Ui . l M'OO\IC13.cOMPlOP',t,OG , r ~"1'itkr.\.I"'\ _:_-J IE._ &OIll."fN.AJjqy I ... ...... ~J ~~\" PROPEIITY~ rPIttIlC:t:lll...J ,tIuro""'LY-"'ofC(!O~T . C1'ftqttTMAM ....ce I.uToOHi.Y ..c , : fAQtOOCtMfe:HCE -..'" :4 ~ . Ol !/lGll9 X on< E.L tolOi.r.cCICfNT , 1 000 tL. O.ASE -U EflIPI.O\T . l'o0~., EL~I>OtIGYLlM'T . I. DOe ~Gll.WIl.Jn" "'NY.II.IT;;l lA't""",,_UA UAalt'l" OCC....R Ot'-""""i~ OE:llJCTIIll.li. "","no,,, , WOItM"'COflt~NQNMD r~UAII1L1"l' Il>IV ~PJl,.'TOruPAATlifRIf:ltEC:ml\1~ OFfICllWf\lllIflUCtIlIlf;O'1 ~:I=>\lSO"'" on,.. ~DfQ]li+S]04 Dzioif200' I _I . .fSClltI"'I1bM~OPeu,lICll't5J LOCA.'J'lOtQI'Ul:IIICUl5I~,ti,OotO.Yl!!NOOltIfMfNT's.>EDAL'IICWlSfQJO r_n c --~ I rt.-~s-a'7] The D~t of SA"ta An. ~ttn: CArolyn F.llerton 1000 E. S~nt~ Ana a1~d, S.it. 101 Santa An., (A 927Ul 1ttOU1.O AIt~ OJ: Htt: _lOW: DCeR8EC) f'Ol.~" c.llNeI!LlfO .'fOIl;I! tHf t1l"IMTlOffa~ FE 1MlMOfI. '1M iUoJ_IiISUIIiI!. Wh.-l ~...'ll(JtllO.ML _~.g. 0 OAvS WIliTTfN NOnI:Z TO 'OlE C!Ir1IRCAlI ~lDfllll ,"AIlEe TO TW'l' LEJ.T w"t1WU,Nl1: TO"1l. ~tIO'I'cf"l.t.~ilIC1 0a18oll'lCtl UN LIAlUlIry" 01" ANY K1fGlJ~" 'rHl...~,'1S AAii EIITI 0fiI rq:NQiNT,ti,r",n =~"~~:~ r~-~ ItlAeOIm C(')fUJORA,TtON1<Q11 ACORD H (!ClIn....' fAX: (Il~) >li5-Z6U. "", :.;i ~-l}~:;vl ~ .... 1. ".:.\ \.t Ma~ Utt Uti U~: u./a Illa!!;1 Ma:,j 05 08 01:25p Tlla!::! Apr 16 OB 11:2Ba Tllacl ,\PR-16-2008 ~ED 1/:48 AI1 fEDERATEP CPll Ff;\, :;~ [5074557828 p.3 P. 03/0' CERTIFICATE OF INSURANCE t"~\lMO JAMES H RusseLL & SONS INC 2122 S WRIGHT 51 SANTA ANA eA 92705 3'5.9'0., I DE""""",,, """.....OCA_,"-""""~ "'~ I I i CERTIFICATEHOLOER IS Alii AODITIONA~ lNSU"EO SUBJECT TO THF CDNOHlONS Of IHE ADDITIONAL INSURED BY CONTRACT ENDORSEM~NT H 1I~ 8USINESSOWN~RS LIAtlILllY. SUCH INSUREANCE AS IS AFFORDED BY THIS POLICY IS PRIMARy AND is NOT ADDITIONAL TO OR CONTRIBUTINC WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BcNEHl OF THE' ADDITIONAL iNSURED. THE DEPOT A T SAN 1.0. ANA (OWNER); THI': CITV OF SANTA ANA. ITS DCFICERS. EMPLOYEES, AGENTS AND REPRESrNT"'WES~OWNEH) Ml[ ALSO LISTED AS AODITlONAL INSURED, WORK PERfORMED: PLUMeING WORK. ONGOING RERIIICE ANn R6PAIR W,JflK Al THE TRAIN DEPOT FOR THE CITY COMMERCIAL. CERTINCATE HOl.Dt:.R 111[ DEPOT OF SANTA ANA 1000 E SANTA ANA 6LVO STE' 108 SANTA ANA CA 92701 104 ;, ~ ,\ .~ L ....c".". ,". , '. - . .~~.....;,. 'h".' -8.' ;':'o";.~~l,' :.Jr~~;:';'~""~'Y';'~"~'~.'.!';"~:.,'J1J.:." ~.~':.l.":'''.''--o~-'''''~,':''~~ """.'l1!"'i;; J..~ >Ol,f:fif>';"~~~~;''''~~~-::'I':~~II':".i:(.~f>l~.t!:.~,; :.(~.~.~, J, 1_:l...:..\:x.~.:.,:;:.t.,q:t-f':~\~i~":.=,;1'~~~.~~-:'::"~";l'\:!'>.n.;-.al~~.,. ;...., . .\,;~.:... .......~.~~...l~l, ",J",..._.,._.. "n.t.:......~~~".~"i;.jffJ'I<~.'f:i-U~...""'<;. . p.3 p.3 I I I I I I ,.""'..... ..................u." 1..L..LCliDJ. Ma~ 05 OB Ql:2Gp Tlla~l QPR-24-2008 THIJ 05:42 pn FEDERATED CPIJ FAX NO. 1507444Q839 THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAAEFULL Y. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT -'"1'5 t:njursemen\ modllje~ InsurancQ pro\liued I,Jnder the tCUewlf"1g' 6USINESSOWNEAS LlABILI'TY COVERAGE FOAM A. w~J() IS AN INSURED lor 'bodily lnlury~ and 'property dams~e. \::. amendEid lO include any person or orgapi..:ation. otner tha(1 a jGlnl ...~ntUrB, for whIch 'Iou hove agreed by wn:1:F.n conlract to ptOc\J(e bodily In[ury .and cro~rty diJmage Ilatlility tnSurance, arisil"l9 Oul o( OperJlions oertormeC' Oy yOtJ Of on your behalf '-\Cl".~ver. this adc\1iona! Insurance dOeS not apply to: An "'Il'Iplcyec. .ASSOcIatIon 01 ~mDLoyees OJ labor unIon. excepl wltn ~el'icect 10 worK performed cy or lor YOl; lor such employ~e, association of employ~es or lahor Llrl4Cn u(\der airi:'Cl ,ontrilcf bt:lWeen you as conl/acor ana SUGr, emproyee. il.s~ociatior"l ot Qtnp'QVQC3!': c'l~ ~bcr \Jfllon at: (iWners. 2.. Any rallfcad ccm~at'ly except lMth respect 10 worK uer(ormed by or lor yt::u lor 'Such radro~O company LJn.oer weel cootract or agreemeni between you ana :::.lxh l(idrQ&a COMpany: J. AnV person or argaf"ll2atlcn whoSQ :rrof~ssl[m. bUSlodS or xcuPahOrl '5 lhat 0' an a(l::/"lit~ct. surlieyor Of englneel with respect to liabllily arising cut of lhe preoaratior'1 or ar.nrOI/&1 01 maps. di Hwings, opinions, repcns. su[vey~, change orcer"j, desigl'l~. Sp~lliC:3ticI'U~ or tt'le pencrm;tnce of MY other p(l)f~ssiol"\al services by such p@rs(j/'l or organiLsliol"l; Or ~. A:'\V ol 'leur Subcor'ltraelors, or any partne( otficer, agent or prnployee ;;l~ :5uCh Subcor'ltra,.dor s. 7he Coverage e~lended to any additiotJ:il1 insured hv Ihls ~(\dorsemelit .s imrled to, and subject to, all terms. t:ondlhcns. and excluslor,$ of the eoverag~ form :0 wr.tCh tt,is eN:lor~ment l~ a~ched. lr. addItIOn. Coverage ::;haU not ~xceea lhe tp..m.s and condition:! 1/";0.1 are 'Qqulr,od by the termS 01 {he wnren agll!emenl (0 add any insured. or to procure I"'SlJrane1!. c. r:'e ...1:'T1ltS at 1nsurance applicable 10 such insurance shall be Ir.C lesser 0: '~a ilmlts required by the: ~greem';nt bet'foleen the parnes Of tho,) lirnJtG provided ~ this ~CJicy. Q Acdltion!l EXCllJSIOI~ The InSlJni.nce a:iorded to any pC!n,;or'l Of Qrl]~:1lzatjO!'i as an Insured unOer ~nls sndor.,ement doeS nol ;OPIJIy. To "bOdily 'nj"ury" 01 'property aarn.;ge." whk.... occur$ prlCf to tiY.' oatH 0; yOU( cor.lracl WIIl1 ~ch persot Of :.HganI2ahon. 2. To 'bodfly inJUry" cr "property damage~ lnC!l.JOed within O'e ~prOduc15 . :;vmpu~ted operations h;\1a.rrl". O~ J. Tc 'bodl!Y Inlu!"lJ~ or '.property damage" ,;,ris~ng oul 01 ltte 'Se(e nGgiiqe:l"ce oj any peroon or oJrganiz:slion (~al -wolild not be;'ln lr1sured excep1 for Ihis endorsem~n:. InclUces copyngflled mateoD,1 of Insur.1/"Ce Services Ofhce. ~r.L_ With its peJTr'.l~Slon. 8P.;:".1'S (07.99) .. ..' /. ;Yi 5:0-,~',; ~ .,t;.!,... P. OF p.4 p.4