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HomeMy WebLinkAboutUNITED STORM WATER, INC. - 2008 City of Santa ? a ♦1 eta r 1 Clerk of the Council COTC Office Use Only AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s)a permanent record?Yes No Return form to the Clerk of the Council Office (M-30). • Call 647-1520 if you have any questions. • The agreement with i'!N4 S‘MitetrAtel4 • No. .'`� _ �� ? 66 7 was completed on 7(�c /(7 and final payment has been made. (List all amendments. Use space below if needed.) /47 2O0 eQ , Department: Nill fI A, f squat, Phone/Ext.:ark 2` Signature: 71/' �AOCf� 4725-S�Q� ✓ Date: ! (3/r7 Revised: 10-13-10 /9 r.�//): — /O INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES Il - i�a - a000 — CLERK OF COUNCIL DATE: q- I7 -OV N- 2008 -122 D . PW f1) CONSULTANT AGREEMENT ';Yc,e- Pew THIS AGREEMENT, made and entered into this 1" day of July, 2008 by and between United Storm Water, Inc., a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of catch basin and culvert inspection and cleaning, for the purpose of meeting National Pollution Discharge Elimination System ( NPDES) permit requirements. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide storm drain and catch basin inspection and cleaning as necessary for City compliance with NPDES requirements. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the following rates and charges: Catch basin culvert cleaning - Vactron with operator (8 hour @ $75/hour) $600 /day O/T rate (2 hours @ $95/hour) $190.00 - Techinician (8 Hour @ $38/bour) $304 /day O/T rate (2 hour @ $52/hour) $104.00 - 15% fuel surcharge $118.50 /day - transport & dispose of nonhazardous waste $60 /ton The total sum to be expended under this Agreement shall not exceed $25,000.00 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, 2009 unless terminated earlier in accordance with Section 12, below. In an effort to provide continuous service, the parties have agreed that services provided since February 15, 2007 shall be included within the Scope of Services of this Agreement. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include protection against claims arising from bodily injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for bodily injury or property damages arising out of claims for bodily injury, including death, and claims for property damage, which may arise from the negligent performance of direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay costs for the defense of the City, regarding any such action by a third party, or asserting that bodily injury or property damages arises by effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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: and Public Works Agency — Design Engineering City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5640 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: United Storm Water, Inc. Ramon Menjivar 14000 E. Valley Boulevard City of Industry, California 91746 telefacsimile (626) 961 -3166 A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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 ofthe services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: i CITY OF SANTA ANA PA CIA E. HEAL DAVID N. REAM T M Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: rX t ( 7 Laur Sheedy / Assistant City Attorney RECOMMENDED FOR OVAL: UNITED STORM WATER, INC. JA ES G. ROSS V ED PERRY V E ecutive Director of the President ublic Works Agency Tax ID# —(:;y5 �-2 EXHIBIT A 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: 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 as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative DATE (MMIDDIYYYY) ' ALDRD, CERTIFICATE OF LIABILITY INSURANCE 01/23/2008 PRODUCER (213) SS3 -8400 FAX (213) SS3 -8466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wilshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 835 Wilshire Blvd 4th Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 90017 -2603 INSURERS AFFORDING COVERAGE NAIC p INSURED United Storm Water, Inc. INSURERA Nautilus Insurance Co. 14000 East Valley Blvd. INSURERS: Great Divide Ins. Co. - City of Industry, CA 91746 INSURER C: E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W R D' TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X COMMERCIALGENERALLIABILITY CLAIMS MADE OOCCIIR ECPCO20D00411 11/16/2007 11/16/2008 EACH OCCURRENCE S 1,000,00 DAMAGETORENTED ARFMIRFS OF, 5 50,00( MEO E%P (Any a n. PAj 5 5100 PERSONAL B ADV INJURY S 1,000,00C A GENERAL AGGREGATE 5 1,000,00C PRODUCTS • COMP/OP AGG S 11000 QQ GENL AGGREGATE LIMIT APPLIES PER X POLICY r7 MO. LOC JECT AUTOMOBILE LIABILITY ANY AUTO BAP020000311 11/16/2007 11/16/2008 ��� yy .,_.;2.�VT COMBINED SINGLE LIMIT (Eascod nt) S 1.000,00 X BODILY INJURY IPUro N S B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNED ALn03 I -..'S ".,. i "� BODILY INJURY S X X X MCS -90 PROPERTY DAMAGE (P.,AwaAm) S X EA-9948 GARAGE LIABILITY ,% - AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO S ANY AUTO S EXCESSNMBRELLALIABILITY X OCCUR ❑ CLAIMS MADE FFX020000511 11/16/2007 11716/2008 EACH OCCURRENCE S 5,000'00 AGGREGATE 5 5,000,000 S A 5 DEDUCTIBLE X WC STA U• 01 H• S X RETENTION 5 10.00 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WCA020001811 01/01/2Q08 Q1/01/2009 E.L. EACH ACCIDENT 5 1 . QQQ, OO B OPFICERIMEMSERf EXCLUDED? ECIffNE El DISEASE - EA EMPLOYE 5 1.000,00 E.A. DISEASE- POUCYI.]MIT S 1, QQQ, OQ 51,000,000 total limit & Annual Agg S/T $25,000 Ded A 0 Taa, dm tx Vn001 SPECIAL PROVISIONS bYoM ro�`Liability/ &0 (Claims Made) POL ECPCO20000411 UTION LIAR (OCC FORM) 11/16/2007 11/16/2008 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES) EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS HE CITY OF SANTA ANA, ITS OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES ARE NAMED AS ODITIONAL INSUREDS WITH RESPECTS TO ALL 706 OPERATIONS PERFORMED BY THE NAMED INSUREDS. HIS INSURANCE IS PRIMARY TO ANY INSURANCE. `EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUM. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K4=00W)i MAIL '30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF SANTA ANA i( IXrXXO( dfAR75�X�dK% yd4XeXitX' 14XW} IYXIQ1fif AGXi'LBiCk,1( %�6d(�(IXDHG)hXXX) 20 CIVIC CENTER PLAZA M -93 KMdNfrUMXil(LW(%#€7W61NMKXY,5mx*WM)(*Xx*xokmxXXXXXXX) SANTA ANA, CA 92701 AUTHORIZED RP. V NT "`E I f/n r11 in nn ,._... 1 OACORD CORPORATION 1988 VE- CF6020000410 United Pumping Service, Inc. ENDORSEMENT United Storm water This endorsement forms a part of the policy to which it is attached. Please read it carefully. This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY Section III — Who is an Insured is amended to include as an insured, with respect to Coverage A and B, any person(s) or organizalion(s) when you and such person(s) or organizations) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be In effect prior to the occurrence giving rise to the claim or suit for which the person(s) or organization(s) seeks coverage. Such additional insured status applies only: 1. With respect to your work performed for such person(s) or organizations) In the performance of your ongoing operations for the additional insured; or .2. With respect to your work performed for such person(s) or organizations(s) and included in the products - completed operations hazard, only when required by the written contract or written agreement. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organization(s) with which you have so agreed in a written contract or written agreement. 02008 by aehby SpedW Und w dit Mangam U.C. an ai UWA of Naualuc Insumn Uwany and Gmat DNfoe Insurance Company. All 6" taserved- O 1985-2009 by Insurance SGNIc Clfica, Inc.. mateMl used by pafnllSSIIX4 Page 1 of 1 ECP 1004 10 O6 IV- ce CCcl? - 1,22 A CERTIFICATE OF LIABILITY INSURANCE — — - ------- . ..... '7--TH S CERTIFICATE is iSSUED AS A MATTER OF INFOM RATIO* ...... . . .... FAX (2-13)5S3-8466 CERTIF1 j I sii i re, Insu rance Agency ONLY AND CONFERS NO RIGHTS UPON I HE CER71FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ijsj -,jr-e BI,,d 4th Floor At TER THE COVERAGE AFFORDED BY THE POLICIES BELOW' INSURERS AFFORDING COVERAGE NAIC Nautilus Ins -o. Lirxite III Water, Inc, C 11000 East Valley Blvd. Great Divide Ins. Co. City of Industry, CA 91-46 - — — — ------------- — E E A T�PL 3� N % I PCKA�,Y EXP�HPMON I I GO, . ECKO-10000412 11/'1.6/200$ i 1116/2009 .011 i 1 0 0 ol X 1,000, 0010 77 7 000, P, _E _.I;. R RAP020000312 11/16,12008 1 111/16/2009 1 000, 000 CA9948 . . .... ..... . . ....... . ....... . . 7 7 1 1 i I L I i L I -f F F-F)(020000512 11/16/2008 1 11/16/2009 S 600, Om 5,000,001 CERTIFICATE HOLDER CANCt,-I,1A-T,I-QN, ,a,,PPROVJ�J) AS To FIC CTT) OF SANTA ANA 20 CIVIC CENTER PLAZA M-93 SANTA ANA. CA 92701 i-auia SLILL Sheedy ACORD 25 12001 "OF) T"" \s,iSWIlt City tor AW, CT1�tLl AEOVE 0ESCFZ!9,- J: EAP.RA-, 10N\LA� HERLOF, I HL '$S'j�NG iNSAJkifPV �JL L L -, Tit., rsi'a SG YA'1- T E N NO T 'CL 0 1 HE C =-r17 " P C rC E k I `� - S,; F AUAMF TO 4CP NQT--�- SlIALL VIWOSE- NO OSI 5AT.ON --R 016 OF A114y K INII 4E j4c�E 4,iAiw t, ",,Rf �S_c N 7AI �VF REPRE `WN;ZATlVlz .,ACCRO CORPORATION .,ACCRO CORPORATION AQDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Nautilus Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy ECPCO20000412 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brou;ht except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. with respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701. (Completion of the following, including countersignature, is required to melee this endorsement effective.) Effective 6/23/09 , this endorsement form as a part of Policy * ECPCO20000412 Issued to cP() 0 '4/— A[ - 2 ACOR0, CERTIFICATE OF LIABILITY INSURANCE DATE OMM;CD YyYy) 01/25/2010 213.553.8400 FAX 213.553,8466 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION _ . . ........... I Wilshire Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 835 Wilshire Blvd 4th Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Los Angeles, CA 90017-2603 ALTER THE COVERAGE AFFORDED BY THE POLICIES EELOW, INSURER,%-AFFORPI 11 COQ! NAIC # nited St so­i� IJ� I Nautilus Ins.Co 14000 East Valley Blvd. mat City of Industry, CA 91746 -.Cfr At Divide Ins. . ......... .. ..... ....... . . .............. ..... . ..... .. . .... .. . ....... . ............ . .. . ................. ---- ._ ........ . ...... ..... ....... . . ................ ...... . . ...... Ti__ iN, URA AC--_ L!srED p 0-V%,' KA, IE SEE"" TO THE JNSjRzD NANAIEED ABOVE FOR THE POLICY PER Of) INDICATED NQTV,,)THS1,Ar,,r_,!NG_ R T C C ^ 40 I T "", 0 A N A� C T 0 R ' T I - 4 F P icy kIENT Vii-HqES7,�_CT TOV"HICH TH�S CEr-TIrICATE ,�AY EE!S_�, P0 n*: -Luz r S 0 E S --,R I 6;� �'�jN Is SUB'- 3 AND '_13NZ)j7.C,1 r, r HE _ 1� E C T T 0 A, H E TE R �,! 5, EXr_ jp j—, ay PA0 - TY. PE i, i . O F JrISURANCL O 4�POL'Irl ET'P E TYV, E P66E_, E XP-,,Aj I LIMITS NUMBER G E PL A I ECPCO20000T311/16i 9 11/16)2010 : 1-1, 000, 00 50,00 A 5 on, SHOULD AIIYOF THE ABOVE DESCRIBED PO,,cjfiS BE CANCELLED BEFORE. TI-E " -.P.RA." DATE THEREOF, THE ISSUING INSURER WILL *UX�16 4AIt D CITY OF SANTA ANA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 20 CIVIC CENTER PLAZA M-93 SANTA ANA, CA 92701 KAXX x x x x X)o ACORD 25 (2001108) IDACORD CORPORATION 1988 . ...... . ... .......... . ........ . . ......... . .......... .......... . . 000 00 11000.00 ............ 1.000,00 AL ii}l63Ok31.6 Y BAP0200003131 11/16/2009.....1I/16/2010 11/16/2010 1 1,900,00 APPRON/' 0 A S TO FORM X X X MCS-90 ... . ............ X Cd99 8 Laura S Shee GARAGE MLITY UA 7 iDI, I y EXCESSUMBRELLA LIABILITY -7, FFX0200005131 11/16/2009 11/16/2010 X �F 1,�A EACI OCCU;04,,', -E 5,000,00C 5,000,00€3 X D 10,000 WORKERS COMPENSATION AjN0 WCA0200018131 01101120 01/01/2011 % X U! i_ uOu . 0" LO00100 060 "06 1,000,00 �pllrlollwl Liabi I i ty/ I, c: A S; ;E POL I C L I t, I T ECPCO20000413,: 11/16/2009 1 11/16/2010 1 000,00 E&O (claims made) $1,000 000 total limit m it & POLLUTION LIAR Annual Agg S/T S25,060 Ded OCC FORM)z 0::: OESCRIPTiON OF OPERATIONS LOCATION s,, VEHICLES I EXCLL)Sto� ADDED By ENCORSEMENT f SPECIAL PROVISIONS 'HE CITY OF SANTA ANA, ITS OFFICERS, DDITIONAL INSUREDS WITH AGENTS, VOLUNTEERS AND EMPLOYEES ARE NAMED AS RESPECT TO ALL 308 OPERATIONS PERFORMED BY THE NAMED INSURED. THIS NSURANCE IS PRIMARY TO ANY INSURANCE, EXCEPT 10 DAY NOTICE OF CANCELLATION FOR NON PAYMENT OF PREMIUM, SHOULD AIIYOF THE ABOVE DESCRIBED PO,,cjfiS BE CANCELLED BEFORE. TI-E " -.P.RA." DATE THEREOF, THE ISSUING INSURER WILL *UX�16 4AIt D CITY OF SANTA ANA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 20 CIVIC CENTER PLAZA M-93 SANTA ANA, CA 92701 KAXX x x x x X)o ACORD 25 (2001108) IDACORD CORPORATION 1988 -1 A. ADDITIONAL INSI-RED ENDORSE,%4ENT l-,NERAL Ll,-�— —0-1111TON-1 141 1—:1—AL -C fill -ITT pOLjCy Insurance Company Nautilus Insurance Co. This ClldorsCIWIIZ 1110dilk, such itl,UranLCIS i.;atforded by the prL)ViSjojj.,; of Pk)!jcV ECPCO20000413 "eldt"IL"(0 the following; I - The (Atv ot'Santa,,kna, 20 Civic Center Plaza. Santa Ana, California 92 01 it,, ofificer,,, emPlOvecv. 4111clits. Volunteers and represeenwives are named as 3ddilional insureds C' additit-m'-d insureds") with r",ard to liabilit y a d defense o! -suit S trom [Ile r3ttC 21 iind Il y Pert'(wined by or on behal Cor the named M.,ured, NV ith respect to ckmns arismLy Out ol'the operations and uses pertonned by (In bchall-Of the narned inset -ed. such in-surance as is affordcd by this policy is pnman and I-S 1101 additional to or contrtht,10(10 with an% other 111SUrance carried by or for the b,:ricfjt of'the additional lnsurcds. This Insurance applies separately to each insured against whom claim is -1 nl.l& ot mlit is brought excel-n with respect to (i lie company's litnits of liability. The Inclusion ofany person or (-1rg3T1W31*A-)r1 aN All. iivstircd shall not affect an% riOlt WhiCh SLIQ11 a claimant ji'llot so included. Im'son or orgamzjtikjrj I'Llve as 4. With respect to the additiotial insureds- this insurance shall not be cancelled. or materially reduced in coverage or limits except atIter thirty (30) days written 1106c�-has 'Peen given to the CitN oi'Santa Ana, 20 Civic Center Plaza. Santa Ana, ('al i iornia 9 -`01, i Completion of the follo-,N ing, including coulters I tive�) Ignaturc, is required to make thi endorsement eft ec s f-!'1`ec tip e- 111/16/09-10 th, Is ertdOrSenlent 6-)rm as a pan., ot- Pulicv -, !~CPC( �200004 13 lssu�cd to United Storm Water, Inc. Narned Insured G, 3u n let's i1gried bi A t t rh �on d �Re p entative AC::)R C) ?5 f2D0 )•u8) $'AGORD CO RPORATIO (v i98i3 .....__ _. C E M.a:O� � AGQRD CERTIFICATE OF LfAB__ILITY INSURANCE � I of /oa /)o1�� -- - 215 � ;53.8400 FAX 213. ' 553. 8466 THIS C.ER TI FICATE iS ISSUED AS A MATTER OF INFOR NATION w r si, i ra Ln NUr'a/:cE Ayenc> ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE. HOLUE R. THIS' CERTIFICATE DGES NOT AMEN O. EXTEND OR '. � i S ':i� 7 sh'r rG' Blvd ',tit F l Uor ALTER THE COVERAGE AFFORDF. D BY THE POLICIES BELO•.�. ' - ins An gol2s- C: -\ 90017 -2603 — ___..____.....__.____— INSU RF.RS AFFORDING COVERAGE NArC, 11 -- -Unit d �COrnr Water, Inc. ...: ... ��� 'vautilus Ins.CU. I -:OUO Fast Valle 131 vd. i y ,•. �� - -�� � ��.- -- �� -' c,reat Divide ins - C'o. � C'i LY U} Industry, I.A 91'J6 -- r,r: -•: -� - -- ` _ - __ - -- -_— - - - ' `" L 1 O M1S Ino-r r- I ._3!c L _ __ ......._ _._ —_ _ PG `J,tMLIS S .'7Lrr'Y CI r I L It 1 S __ ___.- _J1.91E1R1LW.L : "' Q.laL �fnM:nnrwLl ..:: 11 _lra _.._ _. _ ECPt'0200U0414 11 %16 /_OLOC 11i 16/2 0 1 1 11 �� - ).,OOG.U(l(f -.._ k - __ 1 - ,u _. (OUT �h - -._ _. _ � . 0u,) . Ei0i3 _ ��� -: L . 000 . 01.r l _ ___. .._.. .:c , su - -i i:_. Y LiAF 020D00 f l9 11 /1(i /'010 � ] 1 s 1G /2U 11 � ,: � „ _._ _.._. .; - .1 -/. _ - -- k C A9c143 -- -. _ S[iLt � r x1L C�ttV �•� A,sslsta � � .'� � ..:x:. _.:.e F/XU20000., 14 11!16 f2C11U 11!1012011 :. -.. -' .._ -. 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HOLDER __ -__ _._ _ CANCELLA EIOIN _____ - -_.__ _.__ SHJtiLU >- Y OF THE A00.c UESGItIdEU / OLICIE S !fE CA J ELIE L LL! 6 Tr Fkr4rtnlrUN pnlE THEREOF THE IS 11R f I15UFTCA'Y:r.:- tWtilt 161tA`i,1126 MA 1 C .1 -}y Ol. SANT:? ANA 3O fi.aY5 N'Ii,tTCN NOT[Co TCl TI t CEH! FIGAT .OLJLR Ntf.•EU - i '.F L£F° PURLI.0 :JURKS DEPAR'T�`.E tiT XJ67' tA0L d47 }7'V)Ch9elUfiltiLWGiUt)e](ki(1kX li!( tkelSr�a1( iklbYK ;KildCe1;7i1f,Jtiap7is\kX( ' 2U (IifIC CE VTER PL4ZA T. -i6 1 _dfOLdlfJ(��h.1r'XJtIXSX iti()4J6Yrpfd�'L ALP( �X '1tYtlXdfrXAL- '�4)f2!'JLM�x %CCX `(XXX k'�k31 '� �4YI? ANA; CA 92iU1 ,+� ae.r -J rat ritstT,rAT,tE �( f _ � ___. AC::)R C) ?5 f2D0 )•u8) $'AGORD CO RPORATIO (v i98i3 �i= r - —T _ -- AV, 1�5. a � y � 's ' UaYE MraeOl) iY r, 'AV?RD. 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