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Home My WebLink AboutBASILIO ASSOCIATES INC. 1 - 2001 r ,. ... N-200 1-182 1"" "'.' :" F 1 CONSULTANT AGREEMENT "" .:':' f - ¡.? -02:-:.._- , THIS AGREEMENT, made and entered into this 13th day of Septe~be¡'; 2001 by and between Basilio Associates, 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 architecture. 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 ftom 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 prepare schematic designs and construction documents. City may require Consultant's architectural services in relation to other building maintenance projects during the term of this agreement. Charges to the City for any such services shall comply with the fee schedule set out in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $ 10,000 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 September 13, 2002, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis 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 genera11iabi1ity 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 ftom bodily and personal injury, including death resulting thereftom and damage to property, resulting ftom any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting thereftom, 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 B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 ofthe 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. r \ d, If Consultant is or employs a licensed professional such as an architect or engineer: 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) (ii) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (iii) f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification oftermination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise ftom the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) ftom any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason ofthe terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason ofthe events referred to in this Section or by reason ofthe terms of, or effects, arising ftom this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason ofthe terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. ~, 7. CONFIDENTIALITY If Consultant receives ftom 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 oflaw; 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: Executive Director of the Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 667-5414 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Basilio Associates, Inc. 71 Stoney Pointe Laguna Niguel, CA 92677 Telefacsimile (949) 443-2912 Attn: Jorge Basilio A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time ftames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assigmnent, 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, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals 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 and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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 ofthe 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. 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: CITY OF SANTA ANA /. ~C1ffß t1- N O~PA CIAE.HEALY Clerk of the Council ~¥i~ APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By:/~~<. ~¿ Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~~, Executive irector ofthe Finance and Management Services Agency -l,\- Employer ill: #33-0925076 09/,25/2001 20: 00 9494432912 BASILIO ASSOC INC PAGE 02 '--./ v EXHiBiT A September 5, 2001 Mr. Mario Ghlui BuDding Maintenance Division 20 Civic Center Plaza, BasementOlliœ 19 Santa Ana, CA 92702 RE: Contract Renewal for One year with OptIon to Two mOl'8 years. Dear Mr.Ghizzi: Thank you for meeting with me lOday.1 appreciate the opportunity to ciscuss the Contract Extension with you. This letter is to extend the oñginal contract signed on October 11, 2000 for architectural services. The oñginal Contract was for $ 8,000. The intension of this letter is In renew the original contract for One more year with the option for Two more year contract. Not to exceed fees outlined above are based on lump sum estimation, Should additional serviceS or mateñal be requested, a quote will be provided or the aUached fee schedule would prevail. If the project is stopped for any reason, the client shall pay for services and materials at the time of notification of the project hall Our firm carnes a $1 million professional liability and $ 1 million Commerci¡¡/ liability. PROPOS;D PROJECT: Space Planning, Construction documents with Professional Stamp for City HaD, Fire and Pollee Department. Sincerely, PraDO..1 AccGDtance ~ '~, Date: Owner Representative EXHIBIT A , . 091'25/2001 20: 00 9494432912 BASILIO ASSOC INC PAGE 03 '-.J \....J r'."'.'.'.i!.m~iT A Co",.¡ Ii... SCHEDULE OF CHARGES AD work undertaken on a time basis and aU expenses to be paid by us for later reimbursement win be billed in accordance with this schedule unless specific alternate arrangements are made in writing. Hourly rates, as listed below, are based on actual time spent in service of the job including travel time. Additional consultants, if requesœd by the Client and hired by us, will be billed at cost plus 10%. STANDARD HOURlY RATE Pñncipal Architect1Project Manager DesignerlDrafter Jr. DesignerlDrafler Clerical $ 100.00 $ 65.00 $ 45.00 $ 35.00 $ 25.00 REIMBURSABLE EXPENSES Reimbursable expenses include actual expenditures made by the Architect, his employees, and his professional consultants, in the interest of the Project. Reimbursable expenses shall be billed at cost plus 10% seMce charge. They include: Travel Expenses: The cost of travel in connection with the Project, including mileage, airfares, parking fees, meals and accommodations. M"deage win be billed at a cost of forty cents ($0.40) per mile. Printing: The cost of reproductions from oñglnal drawings, or CAD plotting in connection with the Project, are reimbursable expenses. Postage and DeHvery: The cost of postage and delivery of drawings, specifications, models or other project related items in connection with the Project, is a Reimbursable Expense. Telephone: The cost of long cistance telephone service, including cellular phone service, in connection with the Project. is a Reimbursable Expense.. EXHIBiT A ,.'- ; EXHIBIT B 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: 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 ftom 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 ofthe 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 Da~e, 1/2V2004 Time, 9,02 AM To, @ 17146475421 1-510-452'2193 Paoe, 002-003 -.. -"'.ftft.A ,An.A ArnRD CERTIFICATE OF LIABILITY INSURANCE '1 DATE (MM/DD/n¡ 01/21/04 PRODUCER TIllS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Aaaoelates ONLY AND CONFERS NO RIGHTS UPON TIlE CERTIFICATE P. O. Box 10550 HOLDER. TIllS CERTIFICATE DOES NOT AMEND, EXTEND OR AL:rER THE COYERAGE An'ORDED BY THE POUCIES BEWW. Santa Ana, CA 92711-0550 714427-6810 INSURERS AFFORDING COYERAGE INSURED A/'Áooj-13/P INSUNSR A. Unned States Fidelity & Guaranty Basilio Associates, Inc. ,v-J.JJD';'- /43 INSURERS. SI. Paul Fire & Marine Ins. Co. 71 Stoney Polnte I"VRER c, Security Ins. Co. of Hartford Laguna Niguel, CA 92677 tV - .){!Ol - I g,;.. INSURBR D, 'NSIINSR E COVERAGEs TIIE POUGES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIIEPOLlcY PERIOD INDICATED NOT\VITIISTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTIIER DOCUMENT WITII RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0 MAY PERTAIN, TIIE INSURANCE AFFORDED BY THE POUGES DESCRIBED HEREIN IS SUBJECT TO ALL TIIE TERMS, EXCLUSIONS AND CONDmONS OF SU roums. AGGREGATE LIMITS SHO,,", MAY HAVE BEEN REDUCED BY PAID CLAIMS &~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLlii' EXPIRATION A OE"R'L LIABILITY BK01473871 09113/03 09113/04 EACH OCCURRENCE $1 000000 '300 000 ,fOOOO '1 000 000 $2000000 ,2000000 "NS DAMAGE (My 'uP '<oj MEDEX'(M "'",,"u) PER"ON^, & ADV INJVRY GENERAL AGGREGATe PRODU('fS .COMPiOPAGG A Aè~OMOBILE LIABILITY BK01473871 09113(03 09113/04 OCMEINED SINGLE LlM'T (11""ldom) '1,000,000 ALL ",WNED AUTe<; BODILY "]')RY ~"W,ocj s,:!mDULED AUTOS X H'ERr'A"T,-,S X N,C'NC'WNEDAUF'S K,D"_Y INJURY ~,,=i...rn) PROPERTY DAMAGB ~'mi"'ct, AVTOONLYEAACCIDßNT , ('fHER THAN AUTO ,ONLY EA Ace $ ADD' eACH oJXURRßNCE B WORKERS COMPENEATION AND B EMPLOYERS'LlABILITY WVA7734752 11113(03 11113/04 11 000 000 EL EACH AC':IDENT C arHER Professional lability SAE0232768 09113(03 09113/04 E.LDISEA"'EAEMPLOYEE.1000ooo B.L.OISEA'" -PULlCYLIMIT ,1000000 $1,000,000 per claim $1,000,000 annl aggr. DESCRWrlON OF OPERATIONS/LOCATIONE/VEHlCLE~EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Santa Ana, Ka officers, agents, volunteers and representatives are named as an addnlonallnaured as respects general liability for claims ,~' ^ "J, ,,' , -' ,,' arising from the operations of the named Insured. / c:;:://' ~ ;/62- CERTIFICATE HOWER ADDITOONALINSURED"'SURERLETIERo CANCELlATION City of Santa Ana Marlo Ghlzzl;Bulldlng Maintenance Olvlalon 20 Civic Center Plaza, M-11 Santa Ana, CA 92702 SHOl'LD ANYOFTHEABOVE DESCRIBED POLICŒS BE CANCELLED BEFORETIiE EXPIRATION DATE THEREOP, THE ISSUING INSURER WILL""""""",MAlI.'IIL-DAYSWRmEN NOTICE TOTHE CERTI"CAI'R HOLDERNAMW'1DTHE LE"'-, B ACORD 25.S (7/91) 1 of1 #S98124(M98123 MAF @ ACORD CORPORAll0N 1988 Da~e, 1!2¡j2004 Time, 9,02 AM To, @ 17146475421 1"510"452"2193 Paoe, 003"003 Policy Number: BKO1473871 OwnersÒLessees or Contractors (Form B) ADDITI NAL INSURED Change(s) Effective: 01/21/04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Santa Ana Mario Ghizzi;Building Maintenance Division 20 Civic Center Plaza, M-11 Santa Ana, CA 92702 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. City of Santa Ana, its officers, agents, volunteers and representatives are named as an additional insured as respects general liability for claims arising from the operations of the named insured. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CL/BF 22400395 ~ ;2/.Z ~11......f~&_Bl.19 .BASILASSO ._... CERTIFICA'irE OF LIABILITY INSURANCE I ~;;;~~.~;D"Y)_ 11 ISSUED AS A MAnER OF INFORIlATIOI\l I~S NO RIGHTS UPON THE CERTIFICATo ::T1FICATE DOES NOT AMEND, EXTI!ND OR !'GE AFFORDED BY THE POLICIES BELOV!, N- ti- N .- N- ? N- '" J:I....;;... COVERAGES N .- THE POLICIES OF INSURANCE LISTED BELOW HA\.E BEEN ISSUED TO THE tJSURED NAMED ABOVE FOfiTHEPOlICYPERIODINDICATEO. N01WITH;~ ANY REQUIREMENT. TERM OR CONDITION OF .ttlY CONTRACT OR OTHER DOCUMENT WITH RESPECl TO WHICH THIS CERTIFICATE MAY BE If HUED OF MAY PERTAIN. THE J.JSURANCE AFFORDED BY Tf~~ POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL "fHE TERMS, EXCLUSIONS AND CONDmON; OF SU:::; POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BE EN REDUCED BY PAID CLAIMS. NO. Datal 3~~7/2006 Timel 4109 PM TOI Ghl:2i, Mario @ 17146475421 ACOROm PRODUCeR Dealey, Renton & Associates 199 S Los Robles Ave Ste 540 Pasadena, CA 91101 626 844-3070 THIS CERTIFICATE I ONLY AND CONFE HOLDER. THIS CE ALTER THE COVEl INSll .;wol- /8"? INSURER A United Stab ?Do:! - ,,"3 INSURER B; St Paul Fi..., ;/"003-1 ~/p INSURER C oo,/;-o",.;L INSURER 0: wl-iS4> J,lJO 5-/.A '1 INSURER E; aoow-D,'i3 INSURED Basilio Associates, Inc. 12 "J" Mauchly, Sutte 100' Irvine, CA 92618 TYPE OF INSURANCE UCY NUMlUi:R ~iCVE FE T E pOLle!' ,~!~!! '2 09/13/05 09/13/06 , 2 09/13/05 09/13/06 : I i II I 09/13/05 09113/06 I PC A GENERAL LIABILITY BKO'I8958~ X COMMERCIALQENERALllAeILlTlf CLAiMS MADE [lJ OCCUR LOe A AUTOMOBILE L1ABLITV ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-CWNED AUTOS BK0118958 S GARAGE LIABILITY ANY AUTO EXCESS LIABILITY OCCUR D ClAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENS" TlON AND ErM>>LOYERS' UABILlTY B OTHER Professional Liability QP03B0922 CESCRIPTION OF OPERATIONSILOCA lloNsrveHICLEBJexcuSr )N8 ADDED BY ENDORSEftENTI8PECIAL PROVISIONS City of Santa Ana, Its officers, agents, volun'!ears and representatives are named as an additional Insured as reSI>8cts general liability for claims arising from the operations of tho named 1"0 urad. CERTIFICATE HOLDER ADOrrlONALINSU.&E '1N8URERLETTER: CA CELLA T10N 1-510.45:;!:-:il193 Paqel 002.~.( \ ~ERS AFFORDING COVERAGE ;, Fidelity & Guarenty & Marine Ins. Co. ,~,U9.N I L1Wf"S I EACH OCCURRENCE $10001 I FIRE DAMAGE (Any 01'10 ntel $300 00 ~~p{Anvonl!lp&nlDn) 110000 ~f'JAL 1ft ADV INJURY $1000 I r GENERAL AGGREGATE $20001 ~!CTS .COMPIOP AGO $20001 COMBINED SINGLE L1MrT $1,000,1 (Eooccitlonl) BODILY 'NJURY $ (Par person) -- BDDil Y INJURY I (PlN'ecddMl) PROFERlY DAMAGE $ (Pllfllccldant) AUTO ONlY .EAACCIDENT $ OTHER THAN EA ACC $ AUTOOf\l.V: .GG I EACH OCCURRENCE $ ~GATE $ $ -. $ $ --J:~Il~T~~;. I 1";[11- E.l. EACH ACCIDENT $ ~_EASE .EAEMPLOYEE $ E,l, DISEASE. POLlCV LIMIT !; $1,000,000 per claim $1,000,000 ann I aggr. , " . I !!!!-_. ~-- ~~- ~~- ~~- HIO ---.1 I .: ,; ::,/1 /~%-~P. City of Santa Ana Building Maintenance Dlvhlion AUn: Mr, Mario Ghizzi 20 Civic Canter Plaza, M-11I PO Box 1988 SHOULD ANYOf'lltE: ABOVE D fS ::RIBED POLICIES BE CANCELLED BEFORE THE !:X' 'IRATI:>> DAn: THEREOF, THE 188UIN(. Ifl9URER WIIIXIIIUIiIIXtII TOMAlL3IL..-DA''8\WRITT<::~ NOTICETOTHE CER~ICATE ta~DERNAMED TOTHE LEFT,MK._JQlXCK_:. -... 1IQ<</.....-~R(JI.IIJLIIIJ(kAVlJ(~\IlIIlI'JlllIaI...__ --tt<<llDllC)f ACORD 25-8 (7/97)1 of 1 #S1S~1219'M138542 - _J Ii> ACORD CORPOR'TION fIlE AAF ...WI ",/411t!.UUtJ '.I.'lMel 4109 PM TOl Ghiz-;i. Mario It 17146475421 . 1-510-452-2193 Pa~-el 003 003 , Policy Number: BKOI89589:: Owners)... Lessees or Contractors (Form B) ADDITluNAL INSURED Change(s) Effective: 03/27/(16 THIS ENDORSEMENT CI-IANI3ES THE POLICY. PLEASE REAl) IT CAREFULLY. This endomem" nt modifies insurance policy under Ihe following: LIABILITY COVERAGE PART: Name of Person or Orgal1lzation: City of Santa Ana Building MaintenanCE! D:. vision Attn: Mr. Mario Ghizzi 20 Civic Center Pla~:a, ~-11 PO Box 1988 Santa Ana, CA 9270~! Schedule SECTION II - WHO IS AN INSlIRED is amended to include as an il1sured the person or organization shown 'n the Schedule, but only with respect to liability arising out of .your worn" for t"E,t insured by or for you. City of Santa Ana, its officers, agents, volunteers and representatives are nar:1ed as an additional insun,cl as respects genercl liability for claims al~:Lsing from the operations elf the named insurec.. PRIMARY INSURANCE: IT IS UNDERSTOOD AND AClEEED THAT THIS INSURANCE H PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIOtiAL INSURED SHALL BE EXCESS ONLY AlJD NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEI:<EI;T: IT IS AGREED THAT EXCEP'I' WITH RESPECT TO THE LIMIT OF INSURANCE. THIS COVERAGE SHALL APPLY AB IF EACH ADDITIONAL INSURED WERE THE ONLY INSUR;:D AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAn! IS MADE OR SUIT IS BROUGHT. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AClRE:ED THAT THE COMPANY WAIVE,; THE RIGHT OF SUBROGATION AGAINST THE "'BOVE ADDITIONAL INSURED'SI, BUT ONLY AS RESPECT:; THE JOB OR PREMISES DEt;CRIBED IN THE CERTIFICATE A'rTACHED HERETO. ~ ;;2./2 CUBF 22 40 03 95 Date: 10/30/2006 Time: 1202 PM To: Gonzales, Griselda @ 17146475421 ' 1-~10-452-2193 Page: 002 - ACORD," CERTIFICATE OF L1AB~L1TY INSURANCE I DATE fMMIDOI'fYY'f) 10/3012006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NI) RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste S40 HOLDER. THIS CERTIFIC:ATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Pasadena, CA 91101 626 844-3070 INSURERS AFFORDING C')VERAGE NAIC# INSURED INSURER A:. United States I:idelity & Guaranty Basilio Associates, Inc. INSURER B: 12 "J" Mauchly, Suite 100 INSURER c: Irvine, CA 92616 INSURER 0: INSURER E: Client#" 8210 B ~SILASSO COVERAGES THE POliCIES OF INSURANCE LISTED BELOW HA \IE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO JCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR. CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHJC~ THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY T'-lE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERJ.. S. EXCLUSIONS AND CONDITIONS OF SUCH POlICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUceD BY PAID CLAIMS. ~ = TYPE OF INSURANce POLICY NUMBER POLICY EFFECTIVE POLICY EXP1RA nON LIMns A GENERAL LIABILITY BKfJ1895892 09/13106 09/13107 EACH OCCURRENCE '1 000 000 r::- DAMAGE TO RENTED '300 000 X p~ERCIAL GENERAL LIABILITY I CLAIMS MADE ~ OCCUR MED EXP (Anyone pelllon) .10000 r- .1 000 000 - PERSONAL & ADV INJURY GENERAL AGGREGATE .2 000 000 - .2 000 000 ~'LAGG~nE LIMIT APFlS PER: PRODUCTS - COM PlOP AGG POLICY rC8i LOC A ~TOMOBII..E LIABILITY BK01895892 09113106 09/13107 COMBINED SINGLE LIMIT '1,000,000 ANY AUTO (EsflccidIlJlt) - t- ALL OWNED AUTOS BOorLYINJURY (perpellion) . SCHEDULED AUTOS rx HIRED AUTOS BODilY INJURY t)( . NON-OWNED AUTOS (Pllraccidenl) - - PROPERTY DAMAGE . (per 8~cidenl) 3MG' '~BI"'Y AUTO ONLY. EA ACCIDENT . ANY AUTO OTHER THAN EA ACC . AUTO ONLY: AGG . EXCeSSlUMBRELLA LIABILITY EACH OCCURRENCE . :J OCCUR 0 CLAIMS MADE AGGREGATE . . R ~EDUCTIBlE . RETENTION . . WORKERS COMPENSATION AND we STATU. 10~~. EMPLOYERS' LIABILITY . ANY PROPRIETORIPARTNERlEXECUTlVE E.L. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ Ifyss,dllBcribllurlller . SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER i\PPf>, DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDeD BY ENDORSEMENT I SPECIAL PROVISIONS .~ , , " I City of Santa Ana, its officers, agents, volunteers and representatives are named as an ~~ ( additional Insured as respects general liability for claims arising from the operations of ------r ,/~ L/ the named insured. v' 'Z , /\"<"'.:.i;, ; y' , "" ,', ,'".. / >1(rvl "--.- CERTIFICATE HOLDER CANCELLATION City 01 Santa Ana Account Clerk 1 Attn: Griselda Gonzales 20 Civic Center Plaza, M~11, PO Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DES':RIBED POLICIES BE CANCELLED BEFORE THE EXPlRA110N DATE THEREOF, THE ISSUING INSIIRER WILL ENDEAVOR TO MAIL ....3ll.... DAYS WRmEN NOTice TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LlABI_ITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ACORD 2S (2001/08) 1 of 1 #S1765631MI74867 AAF @ ACORD CORPORATION 1988 lD-3D"2Dpa 13:13 . FROM-PROFESSIONAL PRACTICE INSURANCE BROKERS + T-273 P.DD2/DD3 F-252 ACORb.. Cllenll: 8ll1W2 SASIASO CERTIFICATE OF'LlABILITY INSU~NCE I f:::"IYYY"f.- TItIS CERllFlCA'l151$ Ill8UED AS A MATTEIl Of INfORMATION . - DIU.'" AND CONFEIIS NO Il/GlITlI UPON TItE CEllllF1CATE HOLPEIl. TItIS CERTlfICA'l15 DDI'15 NOT AlIIENO, EXTEND 011 ALTEIlTItE COVERAGE AFfORDED BvTItE POUClES BEJ..OW. ,- - HIlH Professional Practice Insurance Broke",. Inc, 10 California Street Redwood City, CA ~151a IMSu~ Basilio A5sac:iatn. Inc. 12 J Mauchly, Suite 100 Irvine, CA 92&18 INIIURERS AFFORDIIIG COVERAGE _R'" US S,,"iany Insurance COllIpany INSIJRfR B: INSlJRER c: INSURER D: __e. HAle # 29599 .- COVERAGES T"'f'O~lCln OF'~~/"",VC llfI!>IfS$Ul:P ""THI!.tlllllUll<O.llAI4Ell_nl PQl.\Ql! I!I'.IlIOQ 1lIPJC.\=, NQlWITHSTANQIN!l AI'ly Rl!Qu,~IONT. TEIlM OR Com>ITION OF ANY CONTllACT OR OTMER DO<:ur.IENT WIT!< ~~CT TO W"1C>l nus CERTIFlCA~ l4AY ll1' ,SSuEt> OR ~y feFlTAIN. THE INSUPANCt:: AfFOfIDEt) BY1'H1! POJ..fell!S OUCRleED HEREIN IS SUaJecr TO ALl. THIi 'TERMS. EXCLUSIONS AND CONgrnop,jS OF SUCH pouc,a AGGReGAlli UMtTS SI<OWN MAY I1I\VE Il<EN REPuCl!P IN PAID CLAI..S. T\'PEOFI~1L\NCf! JWM8IR GElrtERAl. UAau..m COMMERCIAI..~~~I-l"" CLNMS ~E 0 OCCUR . - '- - UIIInl . $ QIM.~"DA'O::UMrT~t::f~ F'Ol.teY LOC AUTOII08q.E /...tAaIUJY ANY'I<Jt(l AU., OWNED AuTOS SC/1,ipuUiP ,Al,l'TOS I1IA~AUTOS hOIIl.QWNEP AUTOS ~~An ) ~'ArN~'f $ Gi!NEAAa.~TE 5 PROPuC'f1S . (:QMP'IOP AGG s GAR.we: UAaIUlY _AUTO COMB.INSO StNOl.E l-IWT $ (101_ 1'0011- Y IN-Jul\l . (~fp8/lOr!) aooll..Y INJURy $ IPwacctl8N.) ~- $. Ol'H&RTtfAN AUTOOt<<.r: ALlTOONl-y.It.\ACClDEHT S EA""" . N:;G $ $ . . $ .. EXCtEI:SIUMlftaL..\ UItIUUTY OCCIJR 0 CLAIMS MAPfi EACh OCCU~C;f!: AGGflSGATll DED\ICTJaLt: Il&TE . WQfltCeRG C0IIPENU.11ON AND --'1JAllIUTY "'" PflOl'I>ISYOAiPART>E""""""'T''''' OFFlCE~RExO.uDED'1 1fv..~kIKlDr P ROvfStONS belli,. A OTHER Profus./onal US0tl1242301 09/22106 011122/07 L/ablll DES'CRIPllO.,OF OPERATI~'I.ClCATfONS'v&HICLE8/~~PY~'~1lJfT/1PIiClAL PRa~ All Operallon$ <If the Named In8~r8d, P"'feHionllll.iabilily only. . WCITAl\j: OTtf. E+.~ACQgm,rr $ E.L. DISSASe . J fl'.I.. $&ASE - POlJCt ur.DT $ $1.000,000 Per Claim $1.000 000 ale \ '. p~V FORM !, CERTlFlc.o.TI; HOLDER Mr. Mar;o Ghtm B~lIdlng Mallllenen"" Manager Bllildlng Malm-nonCll DIYl$lon 20 Civic Cenler Plaza. M.1 PClS! Office Box 1988 S 2 ACORD 2S (20111/06) 1 of 2 #8368767/M3Il1l78li i\ . CANCeLLATION Dav NnticA mr Non.payment of P.....iI'Ilum '1 SftOlJLD ANY' OF T1tIi oUIOVf ~ua POYCJIiIU CANCELi.ED PEF~ Ttao. ~MTIC:I I : ;,1.; oX.1E~.THliIS$UlNOINSuR&JcWK.L'U 1ItQ:M4JI.. -3JL. DAY5Wf11TlEN MOTICE C~Tl! TOTHEI.EFT..lIIJltMllfte..,t- r~~ l< .. ACOIlP CORPORATION 1t IS , 10-30-1026 13:13 . FROM-PROFESSIONAL PRACTICE INSURANCE BROKERS + T-273 P.003/003 F-252 IMPORTANT II llIe certifil"lte holder i. an ADDITIONAL INSURED, the pOllcy(i...) must be en<lOrsold. A statemen' on thi. certifiCate aces not confar rigl118 to the certifica", holder in lieu "F sueh endorsement(.). -If. SUIlROGA-TION 1$ -WAIVEO...lIIIbject -">-the lelms anq lODnd/licOll.of"1ll pcI/QX. ClII'llIin..P\lIll(l~ 1710&. require an endorsement. A _men! cn this certifjarte does no, confer righllS 10 the cetli~cale holder in lit:lu 01 .uch endorsemenl(s). DISCLAIMER The Certifiarte of Insulilnce on !he reverse Si<le 01 tnis form does not constiMe a COnlraCl lle1Wllel1 the "",uing In"'f8f(sl. O_ri=<l rcp......,"'...e or prc<f"""" and the comlflcme 1)01_, nor aoes h affirmatively or neglllively emend, eXlend or llllar !he coverage afforQ",j by the policies listed thereon. ACORP 25-6 12001/P8l 2 of 2 tl$36S7671M369768 12/12/2007 15:25 9497274210 BASILO ASSOC INC PAGE 01/02 f:lient#: R0042 BASIASO A,CORDT" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDIlIYY) 12/03/07 PRODUCER THIS CERTIFICATf' IS ISSUED AS A MATTER OF INfORMATION HRH PrOfessional Practice ONLY AND CONFERS NO RIGHTS UPON THE cERTIF.ICATE 100 Marine Parl(way, #200 HOLDER.. lHIS CERTIFICATE DOES NOT AMEND, ~ENO OR ALTER THE COVERAGE AFFORDED BY THE F'OLlCIES B~lOW. Redwood City, CA 94065-1517 650 369-5900 INSURERS AFFORDING COVERAGE INliVRED INSURER A, US Specialty In8uraoc~ Company Basilio Associates, Inc. INSURER B: 12 J Mauchly, Suite 100 INSURER c: hVine, C/\ 92618 INSUReR D: I INSURER E: COVERAGES THE POLICIES OF INSURA!'JCE LISTED BEI,.DW HAVE 8~EN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I!'JOlep-TED. NOTWlTti5TANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACt OR OTHeR DOCUMENT WITH RESPECT TO WHICH Tl'lIS CERTIFICATE MAY BE ISSUEO OR MAY PEfl.T AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUElJIiOCt TO ALL THE TERMS, EXCI,.USIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN ReDuCED BY PAlO ClAIMS. INJ!R TYPE OF INSURANCE POLICY JWI.IMBIOR POLICY S'FI!~ POUt:YEXPlRATION l.-IMITS L"fA ~NEML LIABILITY EA,CH OCGURRENCE $ f-- COMM ERCIAL l:;;l;NERAL LIABILITY FIRE OAMAGE (AnY OM 1I~\ $ -- f-- o CLAIMS MADE 0 OCCUR MED EXP (AnY one ~1$OIl) $ f-- PERSONAlll. APV INJURY $ A-2006-033 Ge.lERI'J.. A(;G~EG:ATi: $ f-- n'L AGGR.EA LIMIT APnF'ER: N-2000-155 PRODUCTS -COM~OPAGG $ POLICY ~~g: LOC ~TOMoeILE LIABILITY N-2001-182 N-2002-143 CDMBINEib SlNGLE LIMIT $ ANY AUTO (Ee aoold&nl) - N-2003-136 ALL OWNED AUT05 BOOIL Y INJURY - $ SCHEDULED AUT OS N-2004-022 {F'erp..'Bon} - - HIRED AUTOS N-2004-156 BODilY INJURY (Per ..ecldent) $ - NON-oWNED ALlTOS N-2005-129 - -. N-2007-045 pROPERTY DAMAI3E $ {F'''rlO<Oid"n~1 ~I;ll' LIABILITY AUTO ONI Y - Ell ACCIDENT $ A,'1VA,UTO OTHER THAN EAACC $ AUTO ONl.. Y: AGG $ EXCESS LIAI3IUTY EACH oCCURRENCE $ :::rOCCUR 0 CLA,IMS MADE AGGREGATE $ $ =i DEDUCTIBLE $ RETENTION $ $ WORKEIl$ eOMPENSA now. AND ~~~T~:~... r TOJ~ EMPLQnRS' l-lABlUTY E.L EIICI-l ACCIDENT $ E.L. DISEASE - EA E;MPL DYEE $ i:.L DISEASE - POLICY LIMIT $ A OTHER Professional US071242302 09/22107 09/22108 $1,000,000 Per Claim lability $1,000.000 Aaareaate D~IPTlON OF OPERA'IlONSlLOCATlONSIVEHICLESlEXCLUSIONS ADDEtl BY ENDORSEMENT/$PEClAL PROVISIONS All operations of the Named Insured. ;f!5hp:!JL / // CERTIFICATE HOLDER I I ADDlTl(lNAL INSURl:O 'INSURER L~R; CANCELLAtiON Tan n..u / . stl OIJ I.P ANY 01' THE Aa~ D ESCREED POLICIES Be CAllCEL~EiiP BEFORI! THE EXPIftAllON CIty Of Santa Ana DAn; THE~OF, THE ISSUING INl;I,JR;!::R W1~ TOI\WL30...-lJ.\YSWRlTTEN Attn: Mr. Mario Ghizzl, Facility Manager NOllCEiiTOTHE r;I!PmfICATE HOLD I!RNAMED TOTHE LEF1'~ 20 Civic: Center Plaza, M-11 PO Box 1988 Santa Ana, CA 92702 AUTIOOIa1;::~TNE I ~ ACORD 25-5 (7197) 1 of 2 #S398953/M396952 AXC @ ACORD CORPORA liON 1988 12/12/2007 15:25 9497274210 BASILO ASSOC INC PAGE 02/02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED. the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the osrtlficate holder in lieu of such endorsen'lant(s). DISCLAIMER The CElrtificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder. nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-$ (71il712 of 2 #S396953/M396952