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HomeMy WebLinkAboutWALSH CONSTRUCTION COMPANY II, LLC.INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES o (0 1 2023 +n CLERK OF COUNCIL N DATE: v LEASE AGR WALSH CON: 6 Pw ,V, 1,)1AV)'L TRANSPORTATION CENTER FACILITIES A-2022-119 THIS LEASE (the "Lease") is made as of June 21, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City" or "Landlord"), and Walsh Construction Company 1I, LLC ("Tenant"). 1. EXHIBITS: The following exhibits are attached hereto and incorporated herein by reference: Exhibit "A" The Premises Exhibit "B" Additional Lease Conditions 2. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon the terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 East Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional Transportation Center (SARTC). Specifically, Tenant will be leasing the portion identified as Suite 200, consisting of approximately 4,429 square feet of interior office space (hereinafter referred to as the "PREMISES"). Tenant shall be solely responsible at its own expense for all improvements made to the Premises and obtain all necessary permits. The Premises are more particularly described in Exhibit A. 3. COMMENCEMENT OF TERM: The term of this Lease (the "Term") shall commence on June 21, 2022 (the "Commencement Date") and expire on June 20, 2024, unless sooner terminated, as provided herein. 4. ADDITIONAL LEASE CONDITIONS: Tenant acknowledges that this lease is subject to compliance with the additional lease conditions attached hereto as Exhibit B. These additional lease conditions are a material part of this lease agreement and any default of these conditions will be deemed a major breach and will subject this lease to termination per the terms identified herein. 5. RENT: Upon the Commencement Date, Tenant shall pay to Landlord, as rent ("Rent") the monthly sum of Eleven Thousand and Seventy -Three Dollars ($11,073.00) in advance, on the 1st day of each calendar month and continuing through the life of the Term. Any partial month shall be prorated at $364 per day. All payments of Rent and other sums due to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of Santa Ana M-13, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A LATE CHARGE OF TEN PERCENT (10%) SHALL BE APPLIED TO ANY PAYMENT HEREUNDER DUE BUT UNPAID AFTER THE 1 Orn of the month. this Lease or any Extension Period, Tenant shall be required to return the premises in the same condition upon commencement of lease except for normal wear and tear. Tenant may paint the interior of the Premises and may also paint, erect or authorize the installation of "temporary signs" in accordance with a signage plan that is pre -approved by the Landlord. Landlord shall not install or maintain, or permit anyone other than Tenant to install or maintain, any signs on any part of the Premises or within the air space above the Premises during the Term or any Extension Period of this Lease. 11. MAINTENANCE: Landlord shall provide at its own cost and expense janitorial services for the Premises. Janitorial supplies and services shall be provided on a five -day -per - week basis in accordance with Exhibit C (Janitorial Specifications). 12. COMPLIANCE WITH LAWS: Tenant shall make and pay for nonstructural improvements and alterations to comply with all applicable laws, rules, regulations and ordinances of any and all applicable governmental entities (the "Governmental Laws' applying to the physical condition of the Premises and the building located thereon and arising solely from Tenant's conduct of business. TENANT ACKNOWLEDGES THAT THE PREMISES HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP). 13. UTILITIES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Term and any Extension Period, including charges or assessments for water, sewer, gas, heat, electricity, garbage disposal and trash disposal. 14. ESTOPPEL CERTIFICATES: Landlord and Tenant shall, from time to time upon thirty (30) days' request by the other (but not to exceed more than three (3) times in any given calendar year), execute, acknowledge and deliver a statement, dated currently, certifying that this Lease is unmodified and in full, force and effect (or, if there have been modifications, that this Lease is in full effect as modified, and identifying such modifications) and the dates to which the Rent have been paid, and that no default exists in the observance of this Lease and no event of default has occurred and is continuing, or specifying each such default or event of default of which Landlord or Tenant may have knowledge, it being intended that any such statement may be relied upon by Landlord's or Tenant's Mortgagees, any prospective purchaser of the interest of Landlord or Tenant in their respective premises described herein. 15. INDEMNITY: Tenant shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Tenant's use of the Premesis, the entry by any Tenant Party on the License Area or surrounding property, or Tenant's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Tenant will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct Tenant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Tenant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers,officials, employees, or volunteers shall be excess of the Tenant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Tenant hereby grants to City a waiver of any right to subrogation which any insurer of said Tenant may acquire against the City by virtue of the payment of any loss under such insurance. Tenant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theTenant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6, Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: a. The Retroactive Date must be shown, and must be before the date of the contract or thebeginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Tenantmust purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 5 Tenant to Landlord during this sixty (60) day period within fourteen (14) days after the termination of the lease. 18. EMINENT DOMAIN: (a) If (i) all or part of the Premises, the building located thereon, or (ii) so much of any rights in the Premises or the building located thereon shall be taken or appropriated under any right of eminent domain or under any other legal right whereby the taking authority is obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant for the operation of its business, then Tenant may terminate and cancel this Lease without owing any liability to Landlord as of the date on which the condemning authority takes physical possession upon giving to Landlord written notice of such election. Landlord agrees immediately within ten (10) days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including, without limitation copies of all condemnation plans or surveys submitted by the condemning authority, a statement of the nature of the project to be conducted by the condemning authority, and such other information as might be necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGES THAT LANDLORD'S EXERCISE OF ITS RIGHT TO TERMINATE THIS LEASE UNDER ANY THIS PARAGRAPH SHALL NOT ENTITLE TENANT TO ANY RIGHTS OR CLAIMS FOR RELOCATION BENEFITS OR ANY OTHER CLAIMS RELATED TO CONDEMNATION OR INVERSE CONDEMNATION. (b) If this Lease shall be terminated and canceled as a result of any taking or appropriation, Tenant shall be released from any further liability and Rent and other sums for the last month of Tenant's occupancy shall be prorated and Landlord shall immediately refund to Tenant any sums paid in advance. (c) Tenant reserves unto itself the right to prosecute Tenant's claim for an award for damages for the termination of this Lease caused by such appropriation or taking, together with damages based on the value of Tenant's improvements and Tenant's fixtures and other personal property erected or installed on the Premises and damages Tenant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages caused by such taking or appropriation. Tenant's right to receive compensation or damages for its fixtures or its personal property shall not be affected in any manner by this Lease. 19. LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's liens, or other liens, for labor performed or materials furnished with respect to the Premises by or for Tenant. 20, PARKING AREA: Tenant acknowledges that Landlord has entered into an agreement with the Orange County Transportation Authority for the construction of the OC Streetcar at SARTC, which is under construction. Such construction may affect the number of parking Suite 200 Santa Ana, California 92701 Santa Ana, CA 92701 Attention: Executive Director of Public Works Agency AND Clerk of Council City of Santa Ana 20 Civic Center Plaza (M29) Santa Ana, California 92701 A party may change its address by giving notice in writing to the other party at least 15 days prior to the effective change. Thereafter, any 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. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 24. USE: For the purposes of this Lease, Tenant's intended use of the Premises is strictly for office space. No other use of the Premises shall be permitted without written consent of Landlord. 25. GENERAL PROVISIONS: (a) This Lease (and the documents referred to herein) constitutes the entire agreement between the parties pertaining to the lease of Suite 220 contained herein and supersedes any and all prior and contemporaneous agreements, representations and understandings, oral or otherwise, between or among the parties with respect to the matters contained herein. (b) This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, legatees, distributes, legal representatives, successors and assigns. (c) This Lease shall not be modified, amended or supplemented, in whole or part, without the prior written consent of all parties hereto. Each and every waiver of any covenant, representation, warranty or any other provision hereof must be in writing and signed by each party whose interests are adversely affected by such waiver. No waiver granted in any one instance shall be construed as a continuing waiver applicable in any other instance. (d) If any legal action or other proceeding is brought for the enforcement hereof, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions hereof, the successful or prevailing party or parties shall be entitled to recover attorneys' fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. (e) The parties hereby agree that each party and its attorneys have reviewed and revised this Lease and that the normal rule of construction, to the effect that any ambiguities are resolved against the drafting party, shall not be employed in the interpretation of this Lease and no other rule of strict construction shall be used against any party. All exhibits and schedules attached or venture or of any association between Landlord and Tenant, and no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship between Landlord and Tenant other than the relationship of landlord and tenant. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA Daisy Gomez '4Kristine Ridge ,(yFlerk of the Council City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Jose ontoya Assistant City Attorney FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency Walsh Construction Company II, LLC. B . Jay Ti s ,,Title: Program Manager 11 Ou L J J :J J � � a 4 � I (J —L-- r� d I!q!gx3 k"I al z a w 0 J LL 0 z 0 0 W co EXHIBIT C DAILY MAINTENANCE TASKS General Cleanino Remove all litter found and clean unsightly soil from building, fixtures, walls, door frames, doors and other surfaces. Remove any spilled liquids or solids. Remove carpet stains. Pick up any towels from the floor or counters within looker rooms and fitness center, placing towels in the proper receptacle. Dusting Building Surfaces Remove all dust, lint, cobwebs, debris, dry soil, etc. from the surface of ledges, window sills, locker tops and fire extinguishers. This shall include counter tops, walls, ceilings, door frames and sills, light switches, pictures, partitions, rails and other types of fixtures and surfaces which are not considered as furniture surfaces. This includes atrium wood ledges and specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface and up to nine (9) feet In height. Dusting shall be accomplished by the removal of loose soil from the area -- not by moving it from one surface to another. Spot Cleaning of Building Surfaces. Furniture and Fixtures Clean to remove smudges, fingerprints, marks, streaks, tape, etc„ from the surface of ledges, windows and sills, fire extinguishers, counter tops, walls, light fixture holders, ceiling vents, doors, door frames and sills, pictures, partitions, rails and other types of fixtures and surfaces, This would include all Items from the floor surface up to 11 feet in height. Special care is to be taken to not permanently mar scratch or discolor any surface. gloptyftr g of @11 Trash and Ash Receptacles All wastebaskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their initial location. This shall include those located in patio, balcony and parking areas, as well as any placed outside entry doors. Receptacles are to be cleaned as need each time. Boxes, cans, papers and other containers marked 'trash" (or are obviously trash) shall be removed. Cardboard boxes and cartons are to be broken down flat. All collected waste from such receptacles shall be removed from the area and deposited in a designated dumpster or other receptacle in such a manner so as to prevent the adjacent area from becoming littered by said trash. Soiled or torn trash receptacle liners shall be replaced with a new liner. Liners shall be replaced in such a manner so as to present a neat and uniform appearance. Clean around the large trash bins in the Ross Annex Parking Garage. Spot Cleaning of Trash Receptacles Remove non -permanent stains and soil from the interior and exterior surfaces of trash receptacles. outside patios Balconles and Building Entrywal/s Remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. Entrance Glass, Mirrors and Workstation Glass Thoroughly clean both sides of all surrounding building entry door glass and on" doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and/or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above, Spot clean workstation and/or partition glass daily as needed. rinking Fountains and Sinks Remove all obvious soil, streaks, smudges, etc., from the hardware, including the spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sink (includes all sinks in coffee rooms and lounges) shall be free of streaks, stains, spots, smudges, scale, and other removable soil. Oil is not to be used to polish metal fixtures. If needed, lime -away or a similar product shall be used to eliminate hard water build-up. DAILY MAINTENANCE TASKS Cleaning of Wood Furniture and Surfaces Thoroughly clean to remove smudges, fingerprints, marks and streaks from wood surfaces while ensuring to not scratch or mar surfaces. Cleanina of Lunch — Break Rooms Included in this contract are all lunch and break rooms, including the kitchen and cooking area, dishwashing area, restrooms, eating areas, vending machines, hallways, glass and painted doors, unlocked storage closets, microwave ovens and refrigerators. Wipe clean the inside of all microwave ovens to remove any crumbs and/or spills. Areas shall be cleaned so that grease, dirt, food particles, trash and other litter are thoroughly removed from surfaces. These areas are to remain a healthy and clean environment for use by City employees on a daily basis. Fitness Center Exercise Equipment Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side rails of the treadmills, as well as the consoles on treadmills and other machines. Clean the elliptical trainers, ski machines, bikes and stair stepper machines to remove sweat and stains. Clean out the tracks of the elliptical trainer with a dry towel only. Clean tops of any rubber mats and under each treadmill by extra -vacuuming up the dust and black motor powder residue. SPECIALHt)TICES All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All Items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. MONTHLY MAINTENANCE TASKS NOTE: Some items in this section are noted(*) as being performed at intervals other than monthly. Respondents are instructed to calculate those costs Into monthly figures for bidding purposes. Carpeted Floors Pile lift carpet floors in all areas. Carpeted Floors— BI-Monthly" Spin bonnet all carpeted floors every two (2) months. *(calculate to monthly cost for bidding purposes) January; March; May; July; September and November Carpeted Floors —Semi -Annually* Extract clean carpeted floors two (2) times per year. *(calculate to monthly cost for bidding purposes) April and October Tile Floors Spray buff all the floors. Tile Floors -- Quarterly* Strip and wax all tile floors quarterly. *(calculate to monthly cost for bidding purposes) Ross Annex Parking Garage. — Annually* Clean the garage floor using West Extractor. Work to be performed after business hours at night or on weekend. *(calculate to monthly cost for bidding purposes) !§DIAL NOTICES All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. An �e Digitally signed by g Angie Acevedo A r natc' 7f1JD nR 1 S .44C � H 16:45:1 CERTIFICATE OF LIABILITY I CE -OFR3 MnWYVY) 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 have ADDITIONAL INSURED provisions or 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 AOn Risk Services Central, Inc. Chicago IL office CONTACT NAME: PHONE (866) 283-7122 FAX 800-363-0106 INC. No. Erq: Alc. No.: 200 East Randolph Chicago IL 60601 USA E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC IS INSURED INSURER A: Arch Insurance Company 11150 Walsh Construction Company II, LLC 1260 Corona Pointe Court Ste 201 INSURER B: Berkshire Hathaway Specialty Ins company 22276 INSURER C: Corona CA 92879 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570094871368 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POUCYNUMBER MMIODMlYY MMmDIYYYY CLINKS A X COMMERCIALGENERAL LABILITY Y 41PKG 90191 EACHOCCURRENCE $2,000,000 CLAIMS -MADE X❑OCCUR SIR applies per policy ter s & condi ions D MAGETORENTED PREMISES desaccurrenw $1,000,000 MED UP (My one person) $25,600 PERSONAL& ADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $4,000,000 POLICY ❑X �E T �% LOG PRODUCTS - COMPIOP AGO $4,000,000 OTHER'. A AUTOMOBILE LABILITY 41PKG8901916 ADS 06/01/2022 06/01/2023 COMBINED SINGLE LIMIT flEa accident $5,000,000 BODILY INJURY( Per person) A X ANYAUTO 41CA88902016 06/01/2022 06/01/2023 OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AMOS NON -OWNED ONLY AUTOS ONLY MA ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE Per accident) B UMBRELLALAB X OCCUR 47XSF30256807 06/01/2022 06/01/2023 EACH OCCURRENCE $10,000,000 X EXCESS LAB CLAIM&MADE AGGREGATE $10,000,000 DED1 RETENTION A WORKERS COMPENSATION AND EMPLOYERS' LABILITY YIN ANY PROPRIETORI PARTNER/ EXECUTIVE N 41WC18910909 06/01/2022 06/01/2023 X I PER STATUTE OTH- E.L. EACHACCIDENT $1,000,000 OFFICEMMEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE -EA EMPLOYEE $1,000,000 Yves, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addifional Remarks Schedule, may be attached it more space is required) RE: Lease Agreement between The City Of Santa Ana and Walsh Construction company II, LLC for use of property located at 1000 East Santa Ana Boulevard in the City of Santa Ana - Santa Ana Regional Transportation Center (SARTC), suite 200 and portions of the parking area not presently occupied. Walsh Project: OC Streetcar Construction - Project IFB 7 - 1904, job No.: 218132. See attached. CERTIFICATE HOLDER CANCELLATION -'9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE MTH THE POLICY PROVISIONS. City of Santa Ana Public works Agency Attn: Executive Director Of Public Works Agency 20 Civic Center Plaza (m-21) Santa Ana CA 92701 USA ©1988-2015 ACORD CC ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Ride Managenlmt Df vision REVIEWED6APPROVED BY: " A-f4 Au444e Risk Management Spedahl t AGENCY CUSTOMER ID: 10774508 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Central, Inc. NAMEDINSURED Walsh Construction Company II, LLC POLICY NUMBER See certificate Number: 570094871368 CARRIER See Certificate Number: 570094871368 NAIO CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance continuation City of Santa Ana, its officers, employees, agents, volunteers and representatives are an Additional Insureds pertaining to the General Liability with respects to liability arising out of the Named Insured's operations on the referenced project. Professional services for Architects, Engineers, consultants, etc. are excluded. A waiver of subrogation in favor of the city of Santa Ana, its officers, employees, agents, volunteers and representatives is included on the General Liability policy. This insurance will be Primary and Non -Contributory to the General Liability policy with respect to any other available insurance to the Additional Insureds for the negligence of the insured on the referenced project. Excess Liability follows form to the underlying General Liability, Automobile Liability and Employers Liability policies. General Liability includes Severability of interests / cross Liability. Fire Legal Liability is part of the Damage to Rented Premises sublimit under the General Liability policy KIBIt Numagemsant V Aston �� �{ � REVIEWED S APPROV® Bv: ACORD 101 (2008/011 © 2008 ACORD CORPORA' sms-unr+Ei ib fjfa Acwato The ACORD name and logo are registered marks of ACORD `®•., Risk Management Specialist POLICY NUMBER: 41 PKG8901916 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 6i*I L*111114 Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations Any person or organization, you have agreed by means of a written contract or agreement, to add as an additional in- sured; such person or organization is an additional insured on this policy. When required by a written contract or agreement, cover- age afforded to these additional insured parties will be primary to and non-contributory with any other insurance available to that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to 'bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 yr RleleMnuganmt Dhiebn i REWE &APPRO fir RBA Management SpeaAist 01 POLICY NUMBER: 41PKG8901916 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 0q.I#ffW:0 Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Any person or organization, you have agreed by means of a written contract or agreement, to add as an addi- tional insured; such person or organization is an addi- tional insured on this policy. When required by a written contract or agreement, coverage afforded to these additional insured parties will be primary to and non-contributory with any other insurance available to that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 RA Mo�sgement Disivian RwerrED 6 APPRov®Br. Risk Management Spednlirt �.li POLICY NUMBER: 41PKG8901916 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WAIVER OF SUBROGATION APPLIES WHERE REQUIRED BY WRITTEN AGREEMENT WITH OUR NAMED INSURED AS LONG AS THE REQUEST OCCURS PRIOR TO A LOSS. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Rialt Mmugematt Mbivn REVIEWED&APPROVED BY: '®' Risk Management Specialist 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION -CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible, such copies of the notice will be mailed at least 60 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s) or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Num bar: Policy Number: 41WC1B910909 Named Insured: WALSH CONSTRUCTION GROUP, LLC This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 0 6— 01— 2 2 00 ML0087 00 11 10 Risk wn REmEWED & sovD®er Rlsk Management SpeaAnt EVIDENCE OF PROPERTY INSURANCE DATE)MMIODNYYY) 08/03/2022 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE 1-908-566-1010 COMPANY Construction Risk Partners FEDERAL INS CO Campus View Plaza 1250 Route 28, Suite 201 Branchburg, NJ 08876 CODE: INSURED LOANNUMBER POLICY NUMBER Walsh Construction Company II, LLC 3604-18-15 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 1260 Corona Pointe Court, Ste 201 06/01/22 06/01/23 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: Corona, CA 92879 PROPERTY INFORMATION LOCATIONIDESCRIPTION Re: Location: 1000 East Santa Ana Boulevard, Suite 200, Santa Ana, CA 92701 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 EVIDENCE OF PROPERTY INSURANCE 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. rnucoArc ImanoMATlnu COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE BUBiness Personal Property so, 000 10,00a Survey Equipment stored in office 100,000 Business Income 100,000 Improvements and Betterments 16,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAMEANDADDRESS City of Santa Ana ADDITIONALINSUREDH LENDER'S LOSS PAYABLE MORTGAGEE LOAN 9 Attn: Exective Director of Public Works Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza (M-21) -4 Santa Ana, CA 92701 USA ACORD 27 (2016/03) ©1993-2015 ACORD 66267255 The ACORD name and logo are registered marks of ACORD Nhuddy LOSS PAYEE REVIEWED& APPROV®BY: A-f,Acovda Risk Management SproAnt