Loading...
HomeMy WebLinkAboutDAHL, TAYLOR, & ASSOCIATES 1A, AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in ei et f s ;r,. : Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-v3-8 ,if you have any questions. The agreement with rel C { f99 t was completed on and final payment has been made. Department: Signature: j Date: City of Santa Ana Revised 8-7-03 Clerk of the Council A-2004-190 INSURMCE ON FILE. �QR'; "114 HOCEEO UNTI INSURANCE EXPIRES —1111F —0 C, CLERK OF COUNCIL CONSULTANT AGREEMENT DATF: 10 X1-04 THIS AGREEMENT, made and entered into this L;?0 day of erkbfK , 2004 by and between Dahl, Taylor, & 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 electrical engineering to analyze, design and prepare construction drawing for the electrical upgrades at Santa Ana Fire Stations 93 and 8. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall analyze current and future electrical demands, and prepare construction documents and cost estimates for electrical upgrades at Santa Ana Fire Stations 43 and 8, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $33,660.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Fire Chief and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $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 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. 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 form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Fire Administration City of Santa Ana 1439 S. Broadway Santa Ana, California 92702 telefacsimile (714) 647-5779 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: Dahl, Taylor & Associates, Inc. 2960 Daimler Street Santa Ana, California 92705 Telefacsimile (714) 261-9778 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 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 has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each 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: AZ PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lu�.lt La4'a Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REA City Manager CONSULTANT G QUANG D. President Tax ID# & ASSOCIATES, INC. Pre -Proposal Walk Report City of Santa Ana, Fire Stations # 3 & 8 — Electrical System Upgrades Project INTRODUCTION Fire stations # 3 and #8 are practically identical. There are slight differences on the interior improvements, which are reported below. This project is to upgrade the electrical service, power distribution and lighting. The construction budget is about $150 K for both tire stations. The engineering fee budget is about $45 K for both fire stations. The City of Santa Ana upgraded the electrical systems in Fire stations #2 and 7 in 2003 and the construction costs were about $54 K for Fire Station #2 and $78 K for Fire Station #7. SCOPE OF CONSTRUCTION The electrical service of FS # 3 is SCE # 885-31897 meter, 208 1240 V, 200 amps. The main switchboard is a Zinsco 200 amps, 2081240 V, 3 phase. 2. The emergency power switch is a Zenith Controls Type QT 16QT, B-1 BE, 250 V, 75 A dated 2/18/1966. The emergency generator is a portable type 10KW gasoline generator located in the covered truck maintenance area outside of the engine room. The new generator may be a 25 KW diesel generator. The engine room already has new light fixtures and convenient receptacles. The lighting is good. The wall and roof wood frames are exposed. It will require 8 new power outlets. 4. The coatroom is more of a utility room. It has a vertical A/C force air unit (FAU), a stacked washer I dryer unit, a service sink and storage spaces. It will require more lights and power outlets. 5. The workout room is full of exercise equipment. It will require more power outlets. 6. The hose tower has one incandescent light. It will require a bigger light. 7. The dayroom has two track lights (4 fixtures on one and 6 fixtures on the other) and a large television. It will require more power outlets. 8. The kitchen is very nice with recently installed cabinets, cook range, countertop and sinks. It will require three power outlets under the cabinet for lights and appliances. 9. The small.dorm room has two beds and a television. It will require a reading light and duplex power outlet for each bed, and two duplex power outlets at the desk. 10. The large dorm room has five beds, a television, a weight lifting area and a tall floor mounted cabinet. It will require a reading light and a duplex power outlet for each bed, four power outlets and better ceiling lights. 12. The locker and bath room has poor lighting. It will require more lights and GFI power outlets. . ` 13. The exterior area will require more lights for security and power outlets. Go to FS # 2 to look at the preferred security lights. 14. The parking area in the back will require power for the future electric gate. 15. FS # 8 is slightly different than FS # 3. a. SCE meter # is 708-31879, M -90A. b. The dayroom will require new energy efficient ballasts and lamps in the existing light fixtures and power outlets. C. Absolutely no work in the kitchen. 16. The construction administration services include the following. a. Bid walk meeting b. Responses to contractors' RFI's C. Final walk meeting d. Final punch list The Captain will perform duties of the construction manager, and may request additional engineering services on a time and material basis. 2— City of Santa Ana - Fire Stations # 3 and # 8 Project Approach & Schedule APPROACH Dahl, Taylor & Associates understand the work scope as described in the request for proposal and have successfully completed similar projects. Our understanding of the work scope is as follows: 1. Task 1 - Program Analysis: a) Meet and walk through the fire station with City Staff to review existing assumptions and the following project objectives. • Increase main electrical service panel capacity to allow for current and future electrical demands • Upgrade existing stand-by generator and automatic transfer switch to match new load requirements • Upgrade sub -panel serving kitchen, garage, shop, living quarters and apparatus room, providing for additional use of computers and other harmonic producing equipment • Increase and locate number of new power outlets in the apparatus rooms, kitchens, dormitories, day room, utility room, workout room, locker room, bathroom, meeting areas, parking area, and building exterior • Identify and design station lighting improvements such as types, styles, number of fixtures and illumination capacity for the apparatus rooms, kitchens, dormitories, day room, utility room, workout room, locker room, bathroom, meeting areas, parking area, and building exterior per Title 24 Guidelines Review and discuss project budget and design schedule b) Visit the fire stations to: • Assess existing conditions. • Identify locations for all new equipment. • Identify unique issues and problems that should be addressed. c) Obtain pertinent information from the City, namely, existing building site plan, building plans, design criteria, standards, processing requirements and construction procedures from agencies having jurisdiction. 2. Task 2 -Design Development: a) Generate schematic drawings based on the existing electrical prints obtained from the City of Santa Ana and existing conditions gathered in the fire stations. b) Calculate new electrical load and compare it to the electrical peak demand obtained from Southern California Edison. W c) Meet with City Staff to review Engineer's assessments, recommended approach to the final design, schedule and logistics. Communication is critical at this point to minimize future design revisions. All parties need to buy in to the logistics and recommended approach so that we can be clear on the path forward. Based on agreed program, Engineer shall proceed with design. d) The Engineer shall prepare preliminary construction documents and submit six sets of plans to the City for review and comments. The Engineer shall pay for cost of reproduction of all submittals prior to approval. The construction documents shall be drawn on 24" by 36" sheets. Each set of drawings shall include: I. Site plan Ii. Demolition plan III. Floor plan and details IV. On -drawing specifications e) Obtain City's design development review comments and additional requirements from appropriate City departments, and a notice to proceed to construction documents. 3. Task 3 -Construction Documents: a) Meet with City Staff to go over City's design development review comments and additional requirements, and to obtain any other last minute requirements prior to preparing the final construction documents. . b) Prepare final plans with specifications for City approval and for bid. Corrections shall be made as required until plans are approved by the City of Santa Ana Building and Safety Department. c) Prepare final cost estimate. Dahl, Taylor & Associates understand the importance of a good cost estimate. As a practice, we use equipment costs from local vendors, obtain local contractors' prices and markups, review our cost estimates against actual construction costs of recently completed projects, and have local contractors to give us their second opinions. Therefore, we are confident that our cost estimates will reflect the probable costs in Southern California market. d) Provide signed originals of all approved drawings and CAD file in a format to be determined to the City together with all bid documents. Our engineers in responsible charge will sign their respective drawings. All original bid documents shall become the property of the City of Santa Ana provided that the City will not use the documents for other applications and construction without obtaining approval from the Engineer. e) Provide one (1) Project Data Book for each station which includes: • 11" x 17" drawings issued for construction • Material list • Project estimate • Lumen Method calculations • Copies of correspondence between vendor, City, and 3rd parties (i.e. Edison) SCHEDULE Task 1 — Program Analysis 2 weeks 2. City's Review and Comments '2 weeks 3. Task 2 — Design Development 4 weeks H r M 4. City's Design Development Review & Comments 3 weeks 5. Task 3 — Construction Documents 6 weeks 6. Plan Check Review 6 weeks 7. City's Construction Documents Review & Comments 3 weeks (Concurrent with Item 6 — Plan Check Review) 8. Engineer's Incorporation of Final Comments 2 weeks 9. City's Preparation of Bid Package 4 weeks 10. Bid Advertisement 4 weeks 11. Bidding 5 weeks 12. Construction Contract Award 6 weeks 13. Construction Period 30 weeks 14. Project Closeout 4 weeks Therefore, the design and review period is 17 weeks; the plan check period is 8 weeks; the bidding period including preparation of bid package, bid advertisement and bidding is 13 weeks; and the construction period including construction contract award is 40 weeks. Hence, the total time is 78 weeks. If the City of Santa Ana wishes to reduce the overall time proposed, the number of weeks for several items above can be reduced to preferable periods. 5 PROPOSAL FORM Responding to a Request For Proposal due not later than 5:00pm, January 30, 2004 the undersigned Offeror agrees to furnish ELECTRICAL ENGINEERING SERVICES in accordance with RFP 03-106. I/We have stated herein the price(s) shown at which I/we will famish and deliver the specified services. Where there is a discrepancy between words and figures. WORDS SHALL GOVERN. ITEM DESCRIPTION Task 1 - Program Analysis Section 3.1 Task 2 - Design Development Section 3.2 Task 3 - Construction Documents Section 3.3 Total Cost Per Station STATION #3 STATION #8 $IS 300.017 $J�f' .OD Total Cost For All Proposed Work $_- (Total cost written in words) 4 Hourly wage rates charged by principals and employees for extra wor on a document) D W1- 7-AY/AMD rli ASSOC, ATES , rac_ Date NAME OF OFFEROR (PERSON, FIRM, CORP.) P30-04 2°!6b �A/MEEK STREET ADDRESS SANTA ANA , G4 92 SOS ADDRESS 67Aa . TELEPHONE NUMBER Person authorized to bind bid: Yu OLIA14G P VL12 NAME & TITLE (please print) 1.30.2o04. DATE ANY AND ALL ADDITIONAL COST MUST BE INDICATED IN BID DOCI STIPULATE SHALL BE CAUSE FOR DISHONORING ANY ADDITIONAL 12 Fixed Fee Proposal January 30, 2004 Project: Electrical Engineering Services for Fire Stations #3 and #8 Services: Professional Electrical Engineering I Design Services Pursuant to your request for proposal and scope of services, we are pleased to submit a Fixed Fee of Thirty Thousand Six Hundred Dollars ($30,600.00) to prepare 100% complete drawings as itemized in the project implementation plan. The aforementioned fee also includes reimbursable expenses. The above fee does not include the following potential costs: 1. Procurement of material and labor for construction. 2. Plan check and permit fees. 3. Construction administration. Our proposed progress payment schedule for each fire station is as follows: 1. After completing task 1 — (Program Analysis)......................$2,300.00. 2. After completing task 2 — (Design Development)..................$5,355.00. 3. After completing task 3 — (Construction Documents) ............. $7,645.00. $15,300.00 Therefore, the total fee for Fire Stations # 3 and # 8 is $30,600.00. For extra work hourly costs and billing rates, please see the enclosed schedule for hourly fees. Thank you. Sincerely, Quang D. Principal L www.dahltayloi.com s • • • • • + • • • e e • engineering@dohitaylor.com •••••••+•Son Jose s a • a • • • a • • a • • Los Angeles Son Diego • , • , , , • „ • • , • Headquarters Santa Ana 2960 Daimler Street • Santa Ana, (A 92105-5824 • 949.156.8654 * FAX 261.9112 MECHANICAL, ELECTRICAL and STRUCTURAL DESIGN SERVICES FEE SCHEDULE 1. Classification Hourly Rate Principal Engineer $148.00 Structural Engineer $137.00 Mechanical/Electrical Engineer $115.00 Project Engineer $ 98.00 Design Engineer $ 89.00 Senior CAD Designer $ 77.00 CAD Designer $ 69.00 Technical Typist $ 57.00 2. Automobile Expenses: Mileage at .395 Cents Per Mile. Automobile Rental, Toll Fees, Parking Fees, and Air Fare at Cost. 3. Per Diem Expenses at Cost. 4. Blue Printing and Reproductions at Cost Plus 15%. 5. Consultant at Cost Plus 15%. 6. Special Instrumentation, Outside Tests and Reports at Cost Plus 15%. 7. Terms of Payment — Net 30 Days; Interest Rate = 1-Y2%. Effective Jan. 2004 www.dohltcylor.com e z a a s e s s s a r. a engineering@dohltayloi.com �*8Y0i�Son Jose Los Angeles ... , .. s . .San Diego a , , . , , , < < , , , Headquarters Santa Ana 2960 Daimler Sheet > Santa Are, CA 92705-5824 • 949.756.8654 n FAX261.9718 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 from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative Certificate of Insurance 1 of 1 il82035 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LIS It U atLUW Nnvt rsttn moo to NnTWITHRTANrM ANY RFOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR OAY PERTAIN. TYPE OF INSURANCE BY THE POLICIES UESCHItltU POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY Agency Name and Address: Professional Practice Insurance Brokers, Inc. 2030 Main Street, Suite 350 - --Irvine,-CA-92614-7248 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TRE POLICIES LISTED -BELOW. 09/01/05 $2,000,000 Com anies Affording Policies: A. United States Fidelity & Guaranty Co B. St. Paul Fire & Marine Insurance Co. C.Continental Casualty Company D. E. F. Insureds Name and Address: Dahl Taylor &Associates, Inc. Y 2960 Daimler Street Santa Ana, CA 92705-5824 Each Occurrence: $1,000,000 COVERAGES: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LIS It U atLUW Nnvt rsttn moo to NnTWITHRTANrM ANY RFOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR OAY PERTAIN. TYPE OF INSURANCE BY THE POLICIES UESCHItltU POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY BKO1885006 09/01/04 09/01/05 $2,000,000 Commercial General Liability $1,000,000 Each Occurrence: $1,000,000 Fire Ding. (any one fire): ❑ Claims Made Combined Single Limit: $1,000,000 Bodily Injury/person: $0 ® Occurrence $0 Property Damage: $0 Each Occurrence: ❑ Owner's and Contractors Aggregate: $1,000,000 Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: El Per Claim $1,000,000 Aggregate A AUTO LIABILITY BKO1885006 09/01/04 09/01/05 ❑ Any Automobile LJ All Owned Autos ❑ Scheduled Autos APPROVED A5 TO FORM Hired Autos Non -owned Autos l ❑ Garage Liability out $Litt oed ❑Assistatt C' Attor e A EXCESS LIABILITY BKO1885006 09 1/04 09/01/05 ❑X Umbrella Form ❑ Other than Umbrella Form i3 WORKERS' BWO1878414 09/01/04 09/01/05 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL AEA113969319 05/06/04 05/06/05 LIABILITY' POLICY LIMITS General Aggregate: $2,000,000 Products-Com/Ops Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Ding. (any one fire): $500,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: $1,000,000 Aggregate: $1,000,000 Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,000,000 Per Claim $1,000,000 Aggregate $1,000,000 $0 Description of Operations/Locations/Vehicles/Restrictions/Special items: GENERAL LIABILITY: THE CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. Certificate Holder: City of Santa Ana Attn: William Watson Fire Dept. 1439 So. Broadway Santa Ana, CA 92707 cc' THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. Authon"d Representative'. /y /11 08/20/04 Certificate of Insurance 1 of 1 #M81695 COVERAGES: THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY Agency Name and Address: THIS CERTIFICATE IS ISSUED AS A MATTER OF Professional Practice INFORMATION ONLY AND CONFERS NO RIGHTS UPON Insurance Brokers, Inc. THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 2030 Main Street, Suite 350 NOT AMEND, EXTEND OR ALTER THE COVERAGE Irvine, CA 92614 AFFORDED THE POLICIES LISTED BELOW. Combined Single Limit: $1,000,000 Insureds Name and Address: Dahl Taylor & Associates, Inc. Companies Affording Policies: A. United States Fidelity & Guaranty Cc B.St. Paul Fire & Marine Insurance Co. 2960 Daimler Street C.Continental Casualty Company Santa Ana, CA 92705-5824 D. Each Occurrence: E. Aggregate: F. Statutory Limits COVERAGES: THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR TYPE OF INSURANCE POLICY NUMBER EFF.DATE EXP.DATE A GENERAL LIABILITY BKO1885006 09/01/04 09/01/05 $2,000,000 Commercial General Liability $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): ❑ Claims Made Combined Single Limit: $1,000,000 Bodily Injury/person: $0 ® Occurrence $0 Property Damage: $0 Each Occurrence: ❑ Owner's and Contractors Aggregate: $1,000,000 Statutory Limits Protective $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,001 Per Claim $1,000,000 Aggregate A AUTO LIABILITY BKO1885006 09/01/04 09/01/05 ❑ Any Automobile ❑ All Owned Autos APPROVED AS T 'UIa� ❑ Scheduled Autos X❑ Hired Autos Non -owned Autos La rB Slit[ Sh El Garage Liability ❑ Assistan City e orr ey A EXCESS LIABILITY BKO1885006 09/01/04 09/01/05 N Umbrella Form ❑ Other than Umbrella Form B WORKERS' BWO1878414 09/01/04 09/01/05 COMPENSATION AND EMPLOYER'S LIABILITY C PROFESSIONAL AEA113969319 05/06/04 05/06/05 LIABILITY' Description of Operations/Locations/Vehicles/Restrictions/Special items: 'Written at acarenate limits of liahility not less than amount shown POLICY LIMITS General Aggregate: $2,000,000 Products-Corn/Ops WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. Aggregate: $2,000,000 Personal and Adv. Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Dmg. (any one fire): $500,000 Combined Single Limit: $1,000,000 Bodily Injury/person: $0 Bodily Injury/accident: $0 Property Damage: $0 Each Occurrence: $1,000,000 Aggregate: $1,000,000 Statutory Limits Each Accident: $1,000,000 Disease/Policy Limit: $1,000,000 Disease/Employee: $1,001 Per Claim $1,000,000 Aggregate $1,000,000 $0 Certificate Holder: THE AGGREGATE LIMIT IS THE TOTAL INS U RANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY FOR ALL OPERATIONS OF THE INSURED. exclusion verification saved in CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION Word DATE THEREOF, THE ISSUING COMPANY, ITS AGENTS OR REPRESENTATIVES WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EXCEPT IN THE EVENT OF CANCELLATION FOR NON-PAYMENT OF PREMIUM IN WHICH CASE 10 DAYS NOTICE WILL BE GIVEN. cc: Authonzed Representative: 08/13/04 Policy Number: BKO1885006 Liability Coverage Enhancement — Architects And Engineers ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following is added to paragraph 2 of SECTION II - WHO IS AN INSURED: I. If you are required to add another person or organization as an insured under this policy by a written contract or agreement which is in effect during the policy period, that person or organization is an insured. Such person or organization is referred to in this Coverage Part as an Additional Insured. However, such person or organization is not an insured with respect to any: 2. The following is added prior to the final paragraph of SECTION II -WHO IS AN INSURED: You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture has: a. Direct employees; or b. Owns, rents, or leases any real or personal property. No other member or partner, or their spouses, of (1) 'Property damage "to: any past or present "unnamed joint venture" is an (a) Property owned, occupied or used by insured. This insurance is excess over any 'other the Additional Insured; insurance' available to you for your participation in ----(l)—Property-rente"eased-oFlaaned-to - .__._— any -past of-presenE4mmamed jointventurV�-- _... in the care, custody or control of, or over which physical control is being exercised for any purpose by the 3. The final paragraph of SECTION II - WHO IS AN Additional Insured; or INSURED is replaced by the following: (c) "Your work" performed for the Additional Insured; No person or organization is an insured with (2) 'Bodily injury', "property damage", "personal injury', "advertising injury" which is not caused in whole or in part by the negligent acts or omissions of any Named Insured, or the negligent acts or omissions of anyone directly or indirectly employed by a Named Insured or for whose acts a Named Insured may be liable; (3) 'Bodily injury", "property damage", "personal injury", or "advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in absence of the contract or agreement; or (4) "Bodily injury", 'property damage", 'personal injury" or "advertising injury arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any professional services, when such person or organization is an architect, engineer, or surveyor. respect to the conduct of any current or past partnership, joint venture (except "unnamed join venture") or limited liability company this is not shown as a Named Insured in the Declarations. 4. Paragraph 2 of SECTION III - LIMITS ill LIABILITY is replaced by the following: (2). The General Aggregate Limit is that most we will pay at each of "your premises" listed in tlia Schedule of Premises and is the most we will pay at each of "your projects" for the sum of: cn a. Damages under Section I. A. exc damages because of "bodily injury" a� "property damage" included in tk 'products completed operations hazard" and damage to premises rented to you or temporarily occupied by you with permission of the owner; and b. Medical payments under SECTION 1. B. CL/BF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 1 of 2 Copyright, Insurance Services Offices, Inc., 2001 5. The following is added to SECTION IV- 7. The following are added to SECTION V - CONDITIONS, 5. Other Insurance, DEFINITIONS: a. Primary Insurance; "Unnamed joint venture" means any joint venture in which you are a member or partner where: ---- -- - -In-addition,this --insurance will -be -considered --- --- --- primary to, and non-contributory with, 'other a. Each and every one of your co -ventures in that insurance' issued directly to a person or joint venture is an architectural, engineering or organization added as an additional insured surveying firm; and under SECTION II. 2. I., if you specifically b. That joint venture is not named in the Liability agree, in that written contract or agreement, Coverage Part Declarations. that this insurance must be primary to, and non-contributory with, such 'other insurance". "Your premises' means any premises, site or This insurance will then be applied as primary location that you own or rent or lease from insurance for damages for "bodily injury", others. "property damage", "personal injury' or "advertising injury" to which this insurance 'Your project' applies and that are incurred by such person or organization, and we will not share those Means any premises, site or location at, on, or in damages with such 'other insurance'. which your work" is not yet completed; and 6. The following is added to SECTION IV - CONDITIONS, 8. Transfer Of Rights Of a. Means any premises, site or location at, on, or Recovery Against Others To Us. in which 'your work" is not yet completed; and We waive any right of recovery we may have against any person or organization added under SECTION II. 2.1., for payments we make because--of-injury-or damage a.ising-out of 'your work' under the written contract or agreement with such person or organization, provided that the injury or damage occurs subsequent to the execution of that written contract or agreement. ADDITIONAL INSURED: b. Does not include 'your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES CUBF 26 09 08 03 Includes copyrighted material of Insurance Services Office with its permission. Page 2 of 2 Copyright, Insurance Services Offices, Inc., 2001 Commercial General Liability Policy Exclusion Verification Certificate As the insurance agent of record for the below stated policy, I certify that said policy does not contain any of the following exclusions: Subcontractor/Policy Owner: DAHL TAYLOR & ASSOCIATES INC. Insurance Carrier: UNITED STATES FIDELITY & GUARANTY CO. General Liability Policy # BK01885006 Initial Exp. Date: 09/01/05 Residential Operations: the policy does not contain any exclusions or limitations for residential construction. Condominium Operations: the policy does not contain any exclusions or limitations for condominium or multi -family residential construction. Subsidence Coverage: No exclusions or limitations for subsidence * * Mold & Fungus: the policy does not contain any exclusions or limitations for mold & fungus. Broad Form Property Damage Contractual Liability. Policy contains blanket contractual liability. Explosion -Collapse -Underground Operations (X -C -U). No exclusion on the General Liability. Excluded Pollution: Excluded *** Independent Contractors Liability Explain exceptions * This policy does not contain exclusions or limitations specific to residential or condominium construction. This liability policy contains no exclusions relating specifically to mold or fungus. *** This policy provides coverage for the above named insured's liability for work performed by others on their behalf, subject to other policy provisions. Authorized Signature: Date: 08/13/04 Agency: Professional Practice Insurance Brokers, Inc. Address: 2030 Main Street, Suite 350 City, State, Zip: Irvine, CA 92614 11T 09/25/2004 14 42 FAX 949 729 0770 HPH/PPIB rA001/001 EXHIBIT B DMONAL WSURED EN NT FOR COMMERCIAL GENERAL LIABILITY OLICY Insurance Company United 'States Fidelity s QA=anty Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # BKO1885006 I relating to the following: I. The City of Sat= Arm, 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, compimy 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 09/01 /04 thisend'orsement form as a part of Policy o Issued to Dahl Taylor s Associates Inc... Named Insured Countersigned by ®ra Authorized Representative Professional Practice Insuranoe Brokers Inc. 2030 Main Street, Suite 350, Irvine, CA 92614 Client#' 50701 ACORDT. CERTIFICATE OF LIABILITY INSURANCE 09/01105Dyr PRODUCER Professional Practice TYPE OF INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Insurance Brokers, Inc. POLICY EXPIRATION OATS MMIOD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2030 Main Street, Suite 350 Irvine, CA 92614-7248 BK02147957 09/01/05 INSURERS AFFORDING COVERAGE INSUREDr Dahl Taylor & Associates, Inc. 4b - �06�{ I INSURER A. Fidelity and Guaranty Insurance Undw INSURER B: St. Paul Protective Insurance Co. 2960 Daimler Street MED EXP (Any one person) $10000 INSURERC: Continental Casualty Company Santa Ana, CA 92705-5824 INSURER D PERSONAL & ADV INJURY $1,000,000 INSURER E. r:FA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDOIYY POLICY EXPIRATION OATS MMIOD UNITS A GENERAL LIABILITY BK02147957 09/01/05 09/01/06 EACH OCCURRENCE $1,000000 _ FIRE DAMAGE (Any one fire) $500000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $10000 CLAIMSMAOE 1XI OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2 OOO 000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS-COMPIOPAGG $2,000,000 POLICY PEI LOC A AUTOMOBILE LIABILITY ANY AUTO BK02147957 09/01105 09/01/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS LIABILITY BK02147957 09/01/05 09/01106 EACH OCCURRENCE $1000000 X OCCUR ❑ CLAIMS MADE AGGREGATE $1,000,000 $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND BW02147951 09/01105 09/01/06 X We STATU OTH- RY LIMITSR EL EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE EA EMPL OVEE $1,000,000 E.L. DISEASE POLICY LIMIT $1000,000 C OTHER Professional AEA113969319 05/06/05 OS/06106 $1,000,000 PER CLAIM Liability $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS general liability: the city of santa ana, its officers, employees, agents, volunteers and representatives are named additional insured per attached endorsement. SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED City of Santa ana DATE THEREOF, THE ISSUING INSURER NNL-C-GN�MAIL 3O—DAYS WRITTEN Attn: William Watson NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, EfTTTA[ORC'I000�e9NM.i Fire Dept. a" a le 490telt, SRO 1439 So. Broadway 'ne►IeeaenrA+wEe. Santa Ana, CA 92707 AUTHORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 2 #M333883 CCL © ACORD CORPORATION 1988 Policy Number: BK02147957 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT ADDITIONAL INSURED: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND REPRESENTATIVES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION It. WHO IS AN INSURED, 1.. However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture", or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION It. WHO IS AN INSURED, 2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of ..your work" for that person or organization. person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) "Bodily injury", "property damage", "personal injury' or "advertising injury' arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. 3. The following is added to SECTION II. WHO IS AN INSURED: However, such person or organization is not an "Unnamed Joint Venture" insured with respect to any: (1) "Bodily injury", "property damage", ..personal You are an insured for your participation in any past or injury" or "advertising injury" that does not present "unnamed joint venture". arise out of: However, you are not an insured if the "unnamed joint venture" has: (a) Your negligence; or (b) The negligence of another person or a. Direct employees; or organization for whom you are liable; b. Owns, rents, or leases any real or personal (2) "Bodily injury", "property damage", "personal property. injury" or "advertising injury" for which such CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 1 of 2 permission. Copyright, Insurance Services Office, Inc. 2001 No other member or partner, or their spouses, of any past or present "unnamed joint venture' is an insured. 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. to: b. Will apply separately to the sum of all: (1) Damages because of 'bodily injury" and "property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for 'bodily injury", under SECTION 1. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects'; and 5. The following replaces SECTION IV. CONDITIONS, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, "other insurance' issued directly to a person or organization added as an additional insured under SECTION If. WHO IS AN INSURED, 2.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such 'other insurance". This insurance will then be applied as primary insurance for damages for 'bodily injury", "property damage', 'personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such 'other insurance". 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance". b. Excess Insurance: This insurance is excess over any 'other insurance" whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". 7. The following is added to SECTION IV. CONDITIONS, S. Transfer Of Rights of Recovery And Proceeds Against Others To Us: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION II. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of "your work' in ongoing operations or included in the "products - completed operations hazard" and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. S. The following are added to SECTION V. DEFINITIONS: "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project": a. Means any premises, site or location at, on, or in which 'your work' is not yet completed; and b. Does not include 'your premises" or any location listed in the Schedule of Premises. All other terms of your policy remain the same. CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 2 of 2 permission. Copyright, Insurance Services Office, Inc. 2001 rliant$- 9n7n1 nein TAY ACORCERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR 09/01/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2030 Main Street, Suite 350 09101/0$ Irvine, CA 92614-7248 INSURERS AFFORDING COVERAGE INSURED Dahl Taylor &Associates, Inc. �W.,1416 2960 Daimler Street Santa Ana, CA 9270$-5824 INSURERA: Fidelity and Guaranty Insurance Undw INSURER s: St. Paul Protective Insurance Co. INSURER C: Continental Casualty Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE fM IDDMI POLICY EXPIRATION I DATE (MWDD1YYI LIMITS A.. GENERAL LIABILITY BK02147957 09101/0$ 109101106 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Anyone fire) $500000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1000000 GENERAL AGGREGATE s2,000,000 GEN% AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OPAGG s2,000,000 POLICY PRO LOC A AUTOMOBILE LIABILITY ANY AUTO BK02147957 09/01/05 09101/06 COMBINED SINGLE LIMIT (Ea acradent) E1,000rOOO BODILY INJURY Per person/ ALL OWNED AUTOS I SCHEDULED AUTOS BODILY INJURY $ (Per accident) X HIRED AUTOS X NON-OWNEDAUTOS PROPERTY DAMAGE $ (Peraccident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS LIABILITY BK02147957 09101/05 09/01/06 1 EACH OCCURRENCE $1,000,000 X OCCUR CLAIMS MADE AGGREGATE $1 000 000 $ DEDUCTIBLE RETENTION $$ B WORKERS COMPENSATION AND BW02147951 09/01/05 09/01/06 X WC STATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,,00,0,0,00 E. L. DISEASE - EAEMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1$1,000,000 C OTHER Professional AEA113969319 05106/0$ 05/06/06 $1,000,000 PER CLAIM Liability $1,000,000 AGGREGATE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS general liability: the city of Santa ana, its officers, employees, agents, volunteers and representatives are named additional insured per attached endorsement. City of Santa ana Attn: William Watson Fire Dept. 1439 So. Broadway Santa Ana, CA 92707 �-�$HQULQ ANYOFTHE MOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WlteeNBEAVOW TBMAIL 30_ OAYSWRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT.1rOTA000RC10BOSeBIMkI AU FUZEDREPRESENTATIVE ACORD 25S (7197)1 of 2 #M333883 CCL © ACORD CORPORATION 1988 r., r Policy Number: BK02147957 Liability Coverage Enhancement - Architects and Engineers ENDORSEMENT ADDITIONAL INSURED: CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS, AND REPRESENTATIVES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: LIABILITY COVERAGE PART. 1. The following replaces the final paragraph of SECTION IL WHO IS AN INSURED, 7.: However, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, limited liability company or trust that is not shown as a Named Insured in the Liability Coverage Part Declarations. This provision does not apply to you, for your participation in any past or present "unnamed joint venture", or if that person or organization is otherwise an insured under Paragraph 2. below. 2. The following is added to SECTION II. WHO IS AN INSURED, 2.: Person Or Organization Required By Written Contract Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury' or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: 1 ( f) "Bodily injury", "property damage", "personal rte I injury" or "advertising injury" that does nol 1 arise out of: (a) Your negligence; or (b) The negligence of another person of f organization for whom you are liable; person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to, such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. 3. The following is added to SECTION IL WHO IS AN INSURED: "Unnamed Joint Venture" You are an insured for your participation in any past or present "unnamed joint venture". However, you are not an insured if the "unnamed joint venture" has: a. Direct employees; or b. Owns, rents, or leases any real or personal (2) "Bodily injury", "property damage", "personal Property. injury" or "advertising injury" for which such CUBF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc. 2001 Page 1 of 2 No other member or partner, or their spouses, of any 7. The following is added to SECTION IV. CONDITIONS, S. past or present "unnamed joint venture' is an insured. Transfer Of Rights of Recovery And Proceeds Against Others To Us: 4. The following replaces SECTION III. LIMITS OF LIABILITY, 2. b.: b. Will apply separately to the sum of all: (1) Damages because of 'bodily injury' and "property damage", under SECTION I. COVERAGE, A. Liability above; and (2) Medical payments for "bodily injury', under SECTION I. COVERAGE, B. Medical Payments above; arising out of each location listed in the Schedule of Premises or each of "your projects"; and 5. The following replaces SECTION IV. CONDITIONS, S. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under SECTION It. WHO IS AN INSURED, 2.: (a) Paragraph h. Certain Additional Insureds By Contract or Agreement; or (b) Persons Or Organizations Required By Written Contract; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such 'other insurance". This Insurance will then be applied as primary insurance for damages for "bodily injury", 'property damage', 'personal injury' or "advertising injury' to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such 'other insurance'. 6. The following is added to SECTION IV. CONDITIONS, 5. "Other Insurance", b. Excess Insurance: This insurance is excess over any 'other insurance' whether primary, excess, contingent or on any other basis that is available to you for your participation in any past or present "unnamed joint venture". However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an additional insured under the Paragraph Person Or Organization Required By Written Contract of SECTION It. WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury 'property damage', "personal injury" or "advertising injury" arising out of "your work" in ongoing operations or included in the "products - completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the 'personal injury' or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. 8. The following are added to SECTION V. DEFINITIONS: "Unnamed joint venture" means any joint venture in which you are a member or partner where: a. Each and every one of your co -ventures in that joint venture is an architectural, engineering or surveying firm; and b. That joint venture is not named in the Liability Coverage Part Declarations. "Your premises" means any premises, site, or location owned or occupied by, or rented to, you. "Your project": a. Means any premises, site or location at, on, or in which "your work" is not yet completed; and b. Does not include "your premises' or any location listed in the Schedule of Premises. All other terms of your policy remain the same. �3 FLSaiot�❑r CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Page 2 of 2 permission. Copyright, Insurance Services Office, Inc. 2001