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HomeMy WebLinkAboutFIRST CARBON SOLUTIONS-2014 City of Santa Ana COTC Office Use Only t141 Clerk of the Council 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TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect.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 X Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with V RS GKP oN 9OLvTION5 No. A-2-° 4-2So- 01 was completed on I 0(2 1 (2-"o(1 and final payment has been made. (List all amendments. Use space below if needed.) Department: VLkNNING Pi (7,UlLDINJG1 Phone/Ext.: K 21 (1 Signature: Agfrld(LOA.. Date: 4(2q (2020 i:\agreements\forms\form-agreement termination form_goldenrod.doc INSURANCE NOT ON FILE WORK MAY NO PROCEED CLERK OF COUNCIL DAl 15 2017 CONSULTANT AGIREEM:ENT A4014-250 ? e)f\ (J s orZatn.- ^k1,0 G e THIS AGREEMENT, made and entered into this 21' day of October, 2014 by and between First C rbbon ,Solations.- ,_, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city andmunicipal 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 environmental services and related technical studies. 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 fzom a professional consulting firm in the held. NOW'THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree ars follows: 1. SCOPE OF SERVICES Consultant shall provide environmental study and related technical study services related to analyses of the California Environmental Quality Act said: the: National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal', attached hereto as Exhibit A and incorporated by reference to this Agreement. Said services shall be provided at the request of the City Manager and Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the City Manager, Execrative Director and the City Attorney. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the serviees provided, Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. in regard to all copyrightable material produced as a -deliverable under this Agreement, including but not limited to books, report,,, plans; photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review fi om the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employces acting within the scope of their official deities, as a condition of payment to the Consultant, a royalty -free; nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. 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 sunt to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement. b. Payment by City shall be made within thirty (30) days following receipt ofproper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which Pails to meet the standards of performance set forth in the F' ccitals which may reasonably be expected by City. This Agreement shall commence on the crate first written above and terminate on. October 21, 2017, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager, Executive :Director of Planning and :Building and the City Attorney, 5. INDEPENUE NT 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 shal l 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 maturer in which Consultant performs the services which are the subjectmatter of this Agreement; However, the set -vices to be provided by Consultant shall be provided in a manner consistent: with all applicable standards and regulationsgoverning 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant sball 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 therefiorn and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the perfornraance of this Agreement, including, without limitation, acts involving vehicles: The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage; in the total amount of $1;000,000 per occurrence. Consultant shall supply City with a frilly 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 Compensationhisurance, In accordance with the provisions of Section 3300 of the Labor Code, Consudtant, 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 perfonriance 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. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in Burin 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 refuse-, 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 Im, the City shall have the fight, at the City's election, to forthwith terminate this Agreeinent, 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 indetirrify the City for any work, perlbrined prior to approval of insurance by the City, 7� 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 injiny, 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 due to negligent acts, omissions or willful misconduct in the performance, from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, einployces, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just conipenmtion, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts, omissions or witiftil misconduct in the performance of this Agreement, The Consultant further agrees to indemnify, hold harmless, aril 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of effects arising from this Agreement. City may matte all reasonable decisions with respect to its repr osentation in any legal proceeding. 8. 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; (o) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by City: 9, 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 ofservices specified under this Agreement. 10. NOTICE Any notice, tender; demand, delivery, or other communication pursuant to this Agreeinent 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 telefacsirnile or other telegraphic communication in the rnarmer provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic CenterPla?a (M-30) P.0, Sox 1988. Santa Ana, CA 92702-1.988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning and Building City of Santa. Ana 20 Civic Center Plaza (M-20) P.0, Box 1988 4 and Santa Ana, California 92702 telefacsimile (714) 973-1461 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; first Carbon Solutions Address City, State, Zip telefacsimile Zgt0- -.t1�j 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 scut 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 tele['as si n le, 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. 11. EXCLUSIV£TY 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 tcrms 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 agger that any tetnns or conditions of any proposal 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 patty, or anyone acting on behalf of any parties, vVhich are not embodied herein. 1.2. ASSIGNMENT Inasmuch as this Agreement: is intended to secure the speciatimil 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 consideree{ null and void. Nothing in this Agreement shall he construed to hrnit 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work products coinpleted 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 thercof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex,:niaaital 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 arms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION- VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perforniance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State ofCalifornia. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or ariseout of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the terra of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder Putti required by the laws and regulations of the United States, the State of California, the City of Santa Arra 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 exomptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of 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 sof this Agreement. IN WITNESS 4WHCERFOF, the parties hereto have executed this Agreement the date and year first above written. .ATTEST: s-- MX IA 1A R JILAR Clerk of flrc Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Jkc_a_ � J g" Ryan Ixodge Assistant City Attorney RECOMMENDED FOR: APPROVAL: CANDIDA NEAL Interim Executive Director Planning & Building Agency CFrY OF SANTA ANA CYNTHIA K IJP rZ ' City Manager CONSUL'T'ANT: TAtle; Tax lDf_g5 -37 9228q EXHMITA CONSULTANT'S PROPOSAL, AND FEE SCHEDULE 3 A•aI C. INSURANCE VERIFICATION FCS meets the City's insurance requirements that are set forth in Attachments A and B of the City's Request for Qualifications. FCS understands that all required insurance must be provided to the City in advance of any work performed and must be renewed annually. D. FEE SCHEDULE Rates for the Proposed Staff FlrstCarbon Solutions Hourly Labor Rates aias ., .." s�IHour ly4 President/Vice President t $250-290 Research Analyst $60-70 - -_ .- -_ _. __. ._ --- 111111111 .._._ _ . Director $160-260 Publications Coordinator/Technical Editor) $95-110 Legal Counsel i $190 260 GIS Analyst 11 $70-140 Associate Director/Senior Team Leader/Senior Program Leader __ $190-230 Graphics Designer/GIS Technician $65-90 - i - -- - Senior Project Manager/Senior Scientist/Senior Regulatory Scientist , $140-190 Word Processor $70-95 Project Manager/Scientist/Regulatory Administrative $110-160 555-65 1 Scientist I Assistant/Accounting/Clerical Assistant Project Manager/Assistant I 1-1- 111 1 11 11 - 11.1111111111.11$85-140 Reprographics Assistant/Intern $55-75 I Regulatory Scientist .. ..___ _ ._____ - _ ..._.. _...._._ rTechnical Analyst (Air Quality, Biology, Noise, I $60-120 : On -Call Archaeological/Cultural Monitor i $75-125 and Cultural Resources) i _. ...._ � 1 Project Coordinator/Environmental Planner � $75-100 � On Call Biological Monitor $75 160 � Environmental Analyst/Regulatory Analyst $65-90 Other Labor Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized. Direct Expenses Direct costs and out-of-pocket expenses are billed as follows: 1. Out-of-pocket expenses, including, but not limited to, travel, messenger service, reprographics, lodging, meals, blueprint, reproduction, and photographic services: Cost, as charged to FCS, plus a 15% i administrative fee. 2. Subcontractors' fees: Cost, as charged to FCS, plus a 10% administrative fee: 3. Passenger cars: $0.535 per mile. I� 4. Four-wheel-drive vehicles: $75.00 per day ($0.53.5 per mile). 5. Reproduction and color copies: See Reprographics Fee Schedule (provided as necessary). $� 6. Records checks: Fees vary by facility and project. 7. Museum curation: Fees vary by city and project. I EUR IKI AFRICA I AUSTRALIA I ASIA 18 BONSOLUT ONS.COM 8. Cultural resources storage/curation of fossil and artifact collections: Cost, as charged to FCS. 9. Per diem: $64.00 per day. This is the USA Federal Rate, Lodging surcharge may apply in high rate areas. 10, US Fish and Wildlife Service/CDFW impacts or mitigation fees: Cost, as charged to FCS. Environmental Assessment Specialists, Inc. Hourly Labor Rates President/Principal $150-190 Project Manager $140-160 �i Professional Geologist __. _ $170-190. Epic Land Solutions, Inc, Hourly Labor Rates Advisory Manager ! $195 Utility Manager $150 i GIs Manager $16S Sr. GIS Analyst i $100 Kunzman Associates, Inc. Hourly Rates Principal Associate Senior Assoclate Associate _... _ KWC Engineers Hourly Rates Principal Director of Engineering Planning Manager Senior Project Surveyor Assistant Project Manua Project Engineer Project Designer Designer Engineering Assistant Project Coordinator Survey Analyst Se nior Technioian Compliance Manager ! $130-170 Professional Environmental Auditor/Registered Environmental Assesses $130-170 .__._.._ ............. _.... _.. . _ ...............j .._.__ Environmental Scientist $130-190 GIS Analyst $95 Utility Coordinator $95 Protect SupportT IT $80 _ ._. Budget/Financial Analyst $100 $150 Junior Associate $125 Technician $125 Administrative Assistant ri nn _ $7s $40 $40 $175 Technician $95 $160 Survey Assistant $95 $160 Technician Assistant $75 ....._.._........ ._. $145 .. ____.... ._._._._._._._.._ _.._...._. .._ Administrative Support .__..._._._ ........... $75 $145 Survey Crew—One Man w/GPS $180��� $125 Survey Crew—Two Man $235 $125 Survey Crew—Two Man w/GPS _ $245 $125 Survey Crew—Three Man $275 $115 Expert Witness ........................ _.............. --., $275 .._ ... $110 Messenger Service $40 $110 Outside Services Cost +5°% $105 Overtime(Office) Rate +$25 $103 Overtime (Survey) Rate +$45 $100 — ——�- 19 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance anis-afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately -to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability, The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so iricluded. 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 Aria, 20 Civic Center Plaza, Santa Ana, California 92707, (Completion of the following, including countersignature, is required to make this endorsement effcetjve.) Effective Policy # Issued to this endorsement forin as a part of Named Insured Counte,rsigned by Aluffiorized Representative 9 ACC>RhP CERTIFICATE OF LIABILITY INSURANCE DATE (MWDDIYYYY) ✓` 1 8/7/2017 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TYPE OF INSURANCE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED N1VD REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MMIDDIYVVY IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to LIMITS the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the GENERAL LIABILITY Certificate holder in lieu of such endorsements). PRODUCER Dealey, Renton & Associates DRA License 0020739 P. 0. Box 10550 COC NAME: _ PHONE FA% e gi,714-427- AlcNe: 4-427-6818 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICAt Santa Ana CA 92711-0550 INSURER A:Trayelej$ Prooe Ca al Co of A DAMAGE TO RENT U PREMISES Eaoccunce $1,000,000 rre _ INSURED INSURERB:Travelers Casualty & Surety Co Ame31194 INSURER C: FCS International, Inc. 250 Commerce, Suite 250 Irvine CA 92602 INSURER O: (PERSONAL&ADV INJURY $1,000,000__ X Contractual INSURER E: INSURER F: Liability GENERAL AGGREGATE $2, 000,000 COVERAGES CERTIFICATE NUMBER: 1319734399 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, (LTR TYPE OF INSURANCE (NSR N1VD POLICY NUMBER MMIDDIYVVY MMUODVM'YPY LIMITS A GENERAL LIABILITY Y 66051-959493 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENT U PREMISES Eaoccunce $1,000,000 rre _ CLAIMS -MADE X❑ OCCUR MED EXP one person) $10,000 (PERSONAL&ADV INJURY $1,000,000__ X Contractual Liability GENERAL AGGREGATE $2, 000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. _1LOC PRODUCTS-COMP/OP AGG $2,000,000 Deductible $None POLICY X IRI- A AUTOMOBILE LIABILITY BA6078L716 1/1/2017 1/1/2018 Ea accident)___.__-__ $1,000,000 BODILY INJURY (Porpereon) 8 X ANY AUTO _ X ALL OWNED SCHEDULED AUTOS( NON-OWNED AUTOS PX[Norne BODI LY INJURY Per accident $ ) PROPERTY DAMAGE$HIREDAUTOSAUTOS PeraccdentDeductible $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ (AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ A WORKERS COMPENSATION ANDEMPLOVERS'LIABILITY YIN UB1427T762 1/1/2017 1/1/2018 X WCSTATU- OTH- TORY LIMITS E E.L. EACHACCIDENT $1,000,000 ANY PROPRIETOMPARTNEMEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA --- ELME_:EMPLOYE $1,000,000 (MandatorylnNH) If yes, descnibeunder DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $1,000,000 B Professional Liability Claims Made 106035068 1/1/2017 1/1/2018 i Per Claim $2,000,000 Annual Aggr. $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability policy excludes claims arising out of the performance of professional services. Re: All Operations of the Named insured - City of Santa Ana, its officers, employees, agents, volunteers, and representatives are named as additional insureds as respects general liability for claims arising from the operations of the named insured as required per written contract or agreement. SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation. CERTIFCATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza (M-30) ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1988 Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE m . r �rru� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy #6805H959493 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 0 A [#,.,1 1:1111111 : I I 1 :01 &N :4 01 lei 10 1 ZM Zk:7.11 0 1 1] otivi WICIIIIIII] "L This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION 11 - WHO IS AN INSURED: Any person or organization that you agree in a "'written contract requiring insurance." to include as an additional insured on this Coverage Part, hot: a. Only with respect to liability for "bodily Injury', "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with promises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organizafiorr or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: a. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to tender any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be Urnited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section III - Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "Written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe - tied of time for which the 'Written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever Is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other In- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, If you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part most apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- Ing insurance". But this insurance provided to the I additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CIS D3 8109 15 02015 The Travelers Indemnity Company. Ai rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph S., Transfer Of Rights Of Recovery Against Others To Us, Of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be - fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed, 4. The following definition is added to the DEIl TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to Include a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end Of the policy period. Page 2 of 2(�D 2015 The Travelers Indemnity Company, Al rights reserved. CG D3 8109 15 Includes the copyrighted material of insurance Services Office, Inc., with Its permission CERTIFICATE OF LIABILITY INSURANCE MMIDDI Dart/(11/201gYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Dealey, Renton & Associates DRA License 0020739 P. O. Box 10550 CONTACT NAME: PHONE FAX A/C No Ext: 714-427-6810 A/C No): 714-427-6818 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92711-0550 INSURERA: Travelers Property Casualty Co ofAmeri 25674 1/1/2019 INSURED INSURER B: Travelers Casualty & Surety Co. America 31194 FCS International, Inc. 250 Commerce, Suite 250 INSURER C: Travelers Indemnity Co. of Connecticut 25682 INSURER D: Irvine CA 92602 INSURER E : $ 1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 67727690 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY Y 6805H959493 1/1/2018 1/1/2019 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAX ETORENTED PREMISES Ea occurrence $ 1,000,000 CLAIMS -MADE OCCUR -PREMISES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X j LOC Deductible $ None C AUTOMOBILE LIABILITY BA60781_716 1/1/2018 1/1/2019 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED AUTOS X NON -OWNED AUTOS Deductible $ None UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N UB9J774725 1/1/2018 1/1/2019 X WCSTATU- OTH- TORY LIMITSI ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability 106035068 1/1/2018 1/1/2019 Per Claim $2,000,000 Claims Made Annual Aggr. $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: All Operation of The Named Insured - The City of Santa Ana, it's officers, employees, agents and representative are additional insureds as respects general liability as required by written contract. General Liability is Primary/Non-Contributory per policy form wording. SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION 30 Dav Notice of Cancellation ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy #6805H959493 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS ANINSURED: Any person or organization that you agree in a "Written contract requiring insurance" to include as an addifional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the 'Written contract requiring insurance" applies, or in connection With premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the lim- its of insurance described in Section III - Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the 'Written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requir- ing insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CG D3 81 DD 15 02015 The Travelers Indemnity Company. Al rights mserved, Page 1 of 2 Includes the copynghlen malenal of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance. 3. The following is added to Paragraph S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be- fore, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to induce a person or organization as an additional insured on this Coverage Part, provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; It. While that part of the written contract is in ef- fect; and c. Before the end of the policy period. Page 2 of 2 02015 The Travelers Indemnity Company. Al right reserved, CG D3 81 g8 15 Includes the copynghletl material of Insurance Services office, Inc., with its permission