HomeMy WebLinkAboutLIGARD & ASSOCIATES 1City of Santa Ana
~- Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Retum form to the Clerk of the Council Office (M-30).
Call647-5237 if you have any quesfans.
The agreement with Lidgard & Associates
No. A-2004-110 was completed on 7/31/2005
and final payment has been made.
Department: PWA -Design Engineering
Phone/Ext.: 5640
Signature: ,~ ~ ~iw~.
Date: 7!812009
ReweO 07-23-07
. INSÙRANC[ .illl1 öN ¡:ILE
WORK MAY NQl PROCEED
CLERK OF COUNCIL
DATE: q-3-CI-
A-2004-110
STANDARD CONSULTANT AGREEMENT
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THIS AGREEMENT made and entered into this '7 day of 4LL-, 2004 by
and between Lidgard & Associates, a California corporation (hereinafter' onsultant"), 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
real estate appraisal services including determination of the fair market value for
acquisitions of entire properties and portions of properties. In addition, appraisal
services are needed to determine the market value of city-owned surplus property for
sale purposes.
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 ofthe 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 perform appraisal services on an as-needed basis, 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 as set forth in Consultant's Fee Schedule, attached hereto as Exhibit B.
The total sum to be expended under this Agreement shall not exceed $50,000.00 during the term
of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3.
TERM
This Agreement shall commence on August I, 2004 and terminate on July 31, 2005,
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 the Public Works Agency 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.
WORK PRODUCT
All work product, including but not limited to, reports, analyses, data and intellectual
properties, prepared by Consultant pursuant to this Agreement shall be the property of the City
and Consultant consents to the City's use thereof for such purposes as the City deems
appropriate. Consultant shall submit all work product to City in hard copy and produced in a
form compatible with City's computer system, as agreed between the City and Consultant.
Project files, including copies of all correspondence, reports, documents and electronic files,
shall be submitted to the City when requested.
6.
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$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
2
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.
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.
(ii)
(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 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.
7.
INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
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 I 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
3
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.
8.
CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (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.
9.
CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
10.
NOTICE
Any notice, tender, demand, delivery, or other communication (collectively,
"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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director Public Works Agency
City of Santa Ana
4
20 Civic Center Plaza
Ross Annex (M-36)
P.O. Box 1988
Santa Ana, California 92702-1988
telefacsimile (714) 647-5635
Attn: Souri Amirani
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:
Scott A. Lidgard, President
Lidgard and Associates, Inc.
2808 E. Katella Avenue Suite 107
Orange, CA 92867
714-633-8449
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail, any
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 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. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays shall be excluded.
11.
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.
12.
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
5
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 ofthe services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
13.
TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work 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.
14.
DISCRIMINATION
Consultant shall not discriminate because ofrace, 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.
15.
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.
16.
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 his inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement. Consultant is a certified Member of the Appraisal Institute.
6
17.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnifY City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as iffully 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:
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,AM PATRICIAE. EALY
- {J , Clerk of the Council
CITY OF SANTA ANA:
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DAVIDN. REAM
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Arney, ,
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By.¡ / ,. "',. .
La . a Sheedy
Assistant City Attorne ,
REC7MENDED F
JAþiiES G. ROSS
EXecutive Director
,Public Works Agency
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President
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall perform Right-of Way appraisal services on an as-needed basis. Said services
may include appraisal of surplus property, condemnation consultation, including expert
testimony, and coordination of services with other Agencies. All services shall be performed in
conformance with Uniform Standard of Professional Appraisal Practice.
Said services shall include the following:
APPRAISAL
. Real Estate Appraisals (full and partial takes)
. Prepare Appraisal Summary Statements to accompany City's Offer documents
. Valuation of City's Landscape Setback requirements
. Provide Review Appraisal Services
. Prepare detailed appraisal necessary for condemnation, disposition appraisals and
minimum value appraisals for public bid purposes
. Coordinate with Fixtures and Equipment Appraisers
. Coordinate with Business Goodwill Appraisers
. Communicate with property owners as requested by City
. Prepare all necessary correspondence, letters and reports
. Communicate with engineers, planners, attorneys and agency staff
. Create files and maintain all records
OTHER SERVICES
. Market data studies
. Project research
. Onsite review of the project area
. Planning and cost studies
. Development of strategies
. Title research and examination
. Condemnation consultation
. Appraisal of Abandonment/vacation or quitclaim of easement rights
. Prepare and submit reports, estimates and schedules
. Attend meetings/public hearings - conduct presentations as necessary
. Expert witness testimony
. Review of and Coordination with producers of Phase I and Phase II Environmental
Studies
WORK TO BE PERFORMED/ PROVIDED BY CITY
. Prepare necessary Roadway Plans and Right of Way Plans
. Prepare and execute agreements with other agencies and entities
. Acquire necessary real estate
8
.
Administer Relocation Assistance program
Contract for Business Goodwill and Fixtures and Equipment Appraisals
Furnish the following information (as available)
A. Structure
1. As-Built Plans
2. Inspection Reports
B. Site data
C. Geological data
D. Environmental data
.
.
PROJECT PROGRESS
1.
Progress Review Meetings shall be held at intervals deemed appropriate by City. At or
before each of these meeting, Consultant shall furnish two (2) copies of all completed or
partially completed reports, analysis, estimates and schedule which have been developed
or altered since the last such meeting
2.
Progress Reports shall be submitted at monthly intervals, indicating progress achieved
during the reporting period in relation to the progress schedule. Consultant shall provide
City with two (2) copies of the Progress Report at least four (4) working days before the
monthly meeting.
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AU9Ust19,2002
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The fee schedule for professional acquisition appraisal servi¿èswiil~e
based on the fee structure set forth below. In general, the hourly rate of
the principal appraiser'is $125; the hourly rate of market research asso:",.
ciates is $.65. Lidgard and ,Associates. Inc. is a fully staffed appraisal '\
firm. and does not engage in subcontracting with outside appraisal'
companies. .
FEE SCHEDULE
The following fee schedule includes all expenses incurred in connection .
with the real estate appraisal service. In the èvent lidgard and Associ-
ates, Inc. is authorized to engage appraisal services for specialized
equipment items or business valuations, it is assumed that the fees for
said ser.Yices will be reimbursed.
Fu/1 Take Assignments:
Prooertv Tvoe
Vacant land:
Single family residential:
Multiple family residential:.
2-10 dwelling units:
11-20 dwelling units:
30+ dwelling units:.
Commercial properties:
Single tenant buildings:
Multiple tenant buildings:
Industrial properties:
Single tenant buildings:
Multiple tenant buildings:
LJ..VG.rl...i.\..J.J ~'"u ...--)..~.::>u~;.....:">-'....;:'~
ISCORPORATED
Single Parcel
Assionments
5800 - 51,200
5700 - 5900
. . .
5800 - 51,500
51,500 - 52,500
52,500+
52,000 - 52,800
52,500 - 53,500
52,000 - 52,800
52,500 - 53,500
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Long Beac Of lice:
335.1 Linde At'enue
Suite 200
. Long Beach. A
90307,4503
Multiple Parcel
Assionments
5600 - 51,000
5500 - S700
Orange County !fice:
2808 E. Ka/ella l'enu,'
Suite 107
Orange, CA
92867.5246
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5600 - 51,200
51,200 - 52,200
52,200+
Telephane:
. _15621988,2926
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'(714) 633.,8441
Facsimile: i.
(7.14) 63.31449
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Continued /.' .
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51,800 - 52,600
52,200 - 53,200
51,800 - 52,600
52,200 - 53.200
Real J::slaleAPpra's~l)lI'd GOIISU'Ia/101I
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August 19,2002
Page 2----
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FEE SCHEDULE (Continued)
Partial Take Assignments:
"
Assianment Tvoe .
Simple pat take:
Complex part take,
without damages:
8ingle Parcel
Assianments
81,800 - 82,200
82,200 - 82,600
Multiple Parcel
.: "-
Assianments "
81,600 - 52,000
82,000 - 82,400
"
,
,
Complex part take,
with damages:
82,600 - 83,200
82,400 - 3,000
\
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In the event litigation is necessary for the acquisition via eminent domain, court
appeårance fees and/or deposition appearance fees will be based upon $750
per half day, or any portion thereof in the forenoon or-afternoon. Pretrial and pre
deposition conferences, if any will be based upon $225 per hour. The hourly rate
will be 'aþplied for file review, travel time, and additional investigation' deemed
necessary by legal counsel as part of litigation.
The foregoing fee structure shall remain constant for a period of 90 days, after
which it may be subject to review for possible adjustment.
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ISCORPORATED
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EXHIBIT C
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; 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 Clerk of the Council, 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
10
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
P.O. Box 1988, M-36
Santa Ana, California 92702
TRANSMITTAL
August 13,2004
TO:
Clerk of the Council
M-21
DATE:
ATTN:
SUBJECT:
Lidgard Consultant Contract
WE ARE ENCLOSING:
THE FOLLOWING:
FOR:
x
x
Your Review
Your Approval
Your Information
Your Files
Your Use
Your Signature
Your Comment
Letter
Plans
Specifications
Originals
Agreements
Drawings
Other
x
x
Under Separate Cover
Herewith
Via Mail
June 7, 2004.
The City Council authorized a consultant agreement with Lidgard & Assoc. on
We need Lidgard appraisal services for various City projects. Enclosed are three
Comments:
copies of the consultant contract for your review and signature.
If we may be of further assistance, please contact me at (714) 647-5071.
Sincerely,
Taig Higgins
ACORD~
CERTIFICATE OF LIABILITY INSURANCE
eLM-! DATE
PIDC' 10-21-2004
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE -1
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AfFORDED BY THE POLICIES BELOW.._
INSURERS AFFORDING COVERAGE
INsuR"A.Hartford Casualty Ins Co
PRODUCER
SUPERIOR ACCESS INS SRVC INC/PHS
181840 P: (866)467-8730 F: (877)905-0457
P. O. BOX 33015
SAN ANTONIO TX 78265
INSURED
INSURER B:
LIDGARD AND ASSOCIATES INC
2808 E KATELLA AVE #107
ORANGE CA 92867
COVEBAGES
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
i JNSR ! I ] POLICY EFFECTIVE -I POLICY EXPlRA TlON
; LTR: TYPE OF INSURANCE , POLICY NUMBER I DATE(MMIDD/'(Y) DATE (MM/DD/YY)__
GENERAL LIABILITY I " EACH OCCURRENCE
i INSURER c:
I INSURER D'
INSURERE:
LIMITS
A
COMMERCIAL GENERAL LIABILITY
_J CLAIMS MADE [KJ OCCUR
X Business Liab
72 SBA AB2420
10/01/04 10/01/05
MED E>5,~lAny onepersonl
GEN'L AGGREGATE LIMIT APPLIES PER
I POLICY , j~2--j- X LOC
I AUTOMOBILE LIABILITY
A 1 ANY AUTO
~ ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X - NON-OWNED AUTOS
,
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'72
SBA AB2420
,,01 'I.
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~'10/01/04 10/01/05
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i GARAGE LIABILITY
fJ:~::. ...
E' OCCUR-- OAIMS MADE
o DEDUCTIBLE
RETENTION $
I WORKERS COMPENSA TION AND
, EMPLOYERS' LIABILITY
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i I E_L.1:ACH ACCIDENT ,: $
I : E-L. DISEASE - EA EMPLOYEE i $
+- I E-L. DISEASE - POLICY LIMIT I $
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, OTHER
DESCRIPTION OF OPERA TfONSlLOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Those usual to the Insured's Operations,
_ CERTIFI5:.ATE HOLI;)_~R I X I ADDITIONALfNSURED;INSURERLETTER:
A
CANCELLATION
!SHOULD ANY OF THE ABOVE DESCRIBED POLICIES-BE CANCELLED-BEFORE THE -I"
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
:30 DAYS WRITTEN NOTICE (1 0 DAYS FOR NON-PAYMENT) TO THE CERTIFICATE
:HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO
10BLlGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRES.ENTATIVE:. --- --.l,
' AUTHORIZED REPRESENT~
T.?..QS..e..~~___
~ ACORD CORPORA TrON 1988
The City Of Santa Ana
20 Civic Center Plaza M-36
Santa Ana, Ca 92701
ACORD 25-S 17/971
ACORI).' CERTIFICATE OF LIABILITY INSURANCE CSR DR I DATE (MMJDDNYYY)
-, LIDGA-1 03/24/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wood-Gutmann Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License #0679263 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
14192 Franklin Ave., Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Tustin CA 92780-7044
Phone: 714-505-7000 Fax:714-573-1770 INSURERS AFFORDING COVERAGE NAIC#
INSURED A-J-()(Y/- //0 INSURER A: CNA Insurance Companies
INSURER B:
Lid~ard & Associates, Inc. INSURER C
Sco t Lidgard
2808 E. Kate11a Ave. #107 INSURER 0
Orange CA 92867 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 WlTH RESPECT TO VlJHICH 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.
I'N5F [ADD1 TYPE OF INSURANCE POLICY NUMBER 'D'1..';!~~MM/DDIYY DATE-'MMJDDIYY L.IMITS
LT. N5.
~NERAL LIABILITY EACH OCCURRENCE $ 1000000
A X X COMMERCIAL. GENERAL LIABILITY 2077135975 03/04/05 03/04/06 ~~~~~~s (Ea occurence) $ 100000
I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ 10000
PERSONAL & ADV INJURY $ 1000000
GENERAL AGGREGATE $ 2000000
~'~ AGGREnEILlMIT AP~tIPER: PRODUCTS - COMP/OP AGG $ 1000000
PRO-
POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000
A 0- ANY AUTO 2077135989 03/04/05 03/04/06 (Ea accident)
I--- ALL OVv'NED AUTOS BODILY INJURY
(Per person) $
f- SCHEDULED AUTOS
I--- HIRED AUTOS BODILY INJURY
$
NON-OVv'NED AUTOS (Per accident)
I---
I--- '\ :~ '0 '~. (j j,-l-""~ PROPERTY DAMAGE $
nQj')\' -. ) (Peraccidenl)
,
RRAGE LIABIUTY , , AUTO ONLY - EA ACCIDENT $
'i)1 , (;.,/
'i "
ANY AUTO --"' ~_...--~ OTHER THAN EA ACC $
.~It -'
. "--..-:--:-:~~- 'jn~~ 1)' AUTO ONLY AGG $
.-
'"' " i\t\\,n~"':
OESSfUMBRELLA LIABILITY !\.s;,tSlJ,lll L,t) EACH OCCURRENCE $
OCCUR D CLAIMS MAOE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TOr\'/UMITS I IO~.-
A EMPLOYERS' LIABILITY 2077136009 03/04/05 03/04/06 $ 1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L. DiSEASE - C::A EMPLOYEE:. $ 1000000
~~Etl~tS~~~v~s1oNS below E.L DISEASE - POLICY LIMIT $ 1000000
OTHER
A Business Property 2077135975 03/04/05 03/04/06 PROPERTY 36300
DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*10 day notice of cancellation for non-payment of premium.
Certificate Holder is named as additional insured per attached G134844A.
CERTIFICATE HOLDER
CANCELLATION
CITYSAA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MAIL ~ DAYS WRITTEN
Public Works Agency NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL.L
Attn: Taig Higgins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
P.O. Box 1988
Santa Ana CA 92702 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
c~ ?,'vx >
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate 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 (2001/08)
GIJ4844A 0999
Page I of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NON CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS ACCOUNT PACKAGE POliCY BUSINESSOWNERS liABiliTY COVERAGE FORM
BUSINESS ACCOUNT PACKAGE POLICY BUSINESSOWNERS COMMON POLICY CONDITIONS
A. WHO IS AN INSURED (Section C. of the Businessowners Liability Coverage Form) is amended
10 include as an insured any person or organization (cailed additional insured) described in paragraphs
2... through 2.g. below whom you are required to add as an additional insured on this pOlicy under:
1. A written contract or agreement; or
2. An oral contract or agreement where a certificate of insurance showing that person or
organization as an additional insured has been issued: but
the written or oral contract or agreement must be:
1. Currently in effect or becoming effective during the term of this poliCy; or
2. Executed prior to the "bodily injury." "property damage" or "personal injury and advertising
injury, II but
Only the following persons or organizations are additional Insureds under this endorsement and
coverage provided to such additionai insureds is limited as provided herein:
a. A state or political subdivision subject to the foilowing provisions:
(1) This insurance applies only with respect to the foilowing hazards for which the
state or political subdivision has issued a permit in connection with premises you
own. rent, or control and to which this insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of
advertising signs, awnings, canopies. cellar entrances, coal holes,
driveways, manholes, marquees, hoislaway openings, sidewalk vaults, street
banners. or decorations and similar exposures; or
(b) The construction, erection, or removal of elevators; or
(c) The ownership, maintenance, or use of any elevators covered by this
insurance.
(2) This insurance applies only with respect to operations performed by you or on
your behalf for which the state or political subdivision has issued a permit.
ThiS insurance does not apply to "bodily injury," "property damage" or "personal and
advertising injury" arising out of operations performed for the state or municipality.
b. Any persons or organizations with a conlroiiing Interest in you but only with respect to
their liability arising out of:
(1) Their financial control of you; or
1111 1/2002
, '
G I 34844A 0999
Page20f3
(2) Premises they own, maintain or control while you lease or occupy these
premises.
This insurance does not apply to structural alterations. new construction and demolition
operations performed by or for such additional insured.
c. A manager or lessor of premises but only with respect to liability arising out of the
ownership. maintenance or use of that specific part of the premises leased to you and
subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to be a tenant in that
premises: or
(2) Structural alterations, new construction or demolition operations performed by or
on behalf of such additional insured.
d. A mortgagee. assignee or receiver but only with respect to their iiability as mortgagee,
assignee. or receiver and arising out of the ownership, maintenance. or use of a ~remises
by you,
This insurance does not apply to structural alterations, new construction or demolition
operations performed by or for such additional insured.
e. An owner or other interest from whom land has been leased by you but only with
respect to liability arising out of the ownership, maintenance or use of that spec'iflc part of
tM land leased to you and subject to the following additional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place after you cease to lease that land; or
(2) Structural alterations, new construction or demolition operations performed by or
on behalf of such additional insured.
f. A co-owner of a premises co-owned by you and covered under this insurance but only
with respect to the co-owners liability as co-owner of such premises.
g. Any person or organization from whom you lease equipment. Such person or
organization is insured only with respect to their liability arising out of the maintenance.
operation or use by you of equipment leased to you by such person or organization. A
person's or organization's status as an insured under this endorsement ends when their
contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded these additional insureds, the following additional
exclusions apply:
This insurance does not apply:
(1) To any "occurrence" which takes place after the equipment lease expires: or
(2) To "bodiiy injury" or "property damage" arising out of the sole negligence of such
additional insured.
11/11/2002
G 134844A 0999
Page3of3
Any insurance provided to an additional insured designated under paragraphs a. through g.
above does not apply to "bodily injury" or "property damage" included within the "products-
completed operations hazard".
B. As respects the coverage provided under this endorsement, Section H. OTHER INSURANCE, of the
Businessowners Common Policy Conditions is deleted and replaced with the following:
H. Other Insurance
1. If there is other insurance covering the same loss Or damage, we will pay only for the
amount of covered loss or damage in excess of the amount due from that other insurance
(except as indicated in 2. below), whether you can collect on it or not. But we will not pay
more than the applicable Limit of Insurance.
2. This insurance is excess over:
Any other valid and collectible insurance available to the additional insured wt1ether
primary, excess. contingent or on any other basis unless a contract or agreement
specifically requires that this insurance be either primary or primary and noncontributing.
Where required by contract or agreement, we will consider any other insurar,ce maintained
by the additional insured for injury or damage covered by this endorsement to be excess
and noncontributing with this insurance.
3, When this insurance is excess. we will have no duty under Business Account Package
Policy Liability Coverage to defend any claim or "suit" that any other insurer has a duty to
defend. If no other insurer defends. we will undertake to do so; but we will be entitled to
the insured's rights against all those other insurers.
1111 1."2002
< ,
CERTIFICATE OF INSURANCE
Producer:
Issue Date: 03123/2005
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 by the
policy below.
LIABILITY INSURANCE ADMINISTRATORS
P,O, Box 1319
Santa Barbara, CA 93102-1319
Insured: 152163
LlDGARD AND ASSOCIATES,
INC.
2808 E. Katella Ave., #107
Orange, CA 92867
COMPANY AFFORDING COVERAGE
Fax Number 714-633-8449
Authorized Representative
This is to certify that the polley of insurance listed below has been issued to the Insured named above for the policy period
indicated. Notwithstanding any requirement, term of condition of any contract or other document with respect to which this
Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms,
exclusions and conditions of such policy, Limits shown may have been reduced by paid claims.
TYPE OF INSURANCE
POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE
LIMITS
Professional Liability
LIU007385-003
04/02/2005
04/02/2006
General Aggregate
Each Claim
$ 1,000,000
$ 1,000,000
1\ P )R9,\'~ LV ;\S Tt.) ~,( R
>-!iJ:_fj-"a
Lima :')(ilt ,:>L~Cd>
/\SSist;.Ull City Alkrncy
Description of Operations/Locations/Special Items:
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE EVIDENCE OF INSURANCE
Certificate Holder:
City of Santa Ana Public Works Agency
Atto: Taig Higgins
P.O, Box 1988
Santa Ana, CA 92702
Cancellation:
Should the above described policy be cancelled before the
expiration date thereof, the issuing Company will endeavor to
mail 30 days notice, except 10 days notice for nonpayment of
premium, to the certificate holder named to the left. However,
failure to mail such notice shall impose no obligation or liability
of any kind upon the Company, its agents or representatives.
L1AOOOl (11/97)
Certificate Holder Copy
.
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
P.O. Box 1988. M-36
Santa Ana, Calif()mia 92702
TRANSMITTAL
TO: Clerk of the Council
DATE: May 26, 2005
ATTN:
S U BJ ECT: Insurance Binder Page for Lidgard and Associates, Inc.
WE ARE ENCLOSING:
THE FOLLOWING:
FOR:
x
Under Separate Cover
Herewith
Via Mail
x
Lettcr
Plans
Spccifications
Originals
Agreements
Drawings
Othcr
x
Your Review
Your Approval
Your Infi.mnation
Your Files
Your Use
Your Signature
Your Comment
Comments:
Attached are copies of the insurance certificates for Lidgard and Associates, Inc.
If we may be of further assistance, please contact me at (714) 64 7 -5067.
S i '}ccrel y.
/(-~
Kent Jorgensen
Right of Way Coordinator
SP
CERTHOLDER COPY
STATE
COMPENSATION
INSURANCE
FUND
P.D. BOX 807, SAN FRANCISCQ,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE, 05-01-2005
GROUP,
POLICY NUMBER, 1511897-2005
CERTIFICATE ID, 30
CERTIFICATE EXPIRES, 05-01-2006
05-01-2005/05-01-2006
CITY OF SANTA ANA
PUBLIC WORKS AGENCY M-36
PO BOX 1988
SANTA ANA CA 92702
SP
uOB: ATTN: K~NT uORG~NS~N
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days' advance written notice to the employer.
We will also give you 30 days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurarice is not an insurance policy and does not amend. extend or alter the coverage afforded
by the policies listed herein. Notwithstanding any requirement, term, or condition Of any contract or other document
with respect to which this certificate of insurance may be issued or may pertain; the insurance afforded by the
policies described herein is subject to all the terms, exclusions and conditions of such policies.
~
,&~ c;. ~
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOY~R'SLIABILITY LIMIT INCLUDING O~F~NS~ COSTS: $1,000,000.00 P~R OCCURR~NC~,
~NOORS~M~NT #2065 ~NTITL~O C~RTIFICAT~ HOLO~RS' NOTIC~ ~FF~CTIV~ 05-01-2005 IS ATTACH~O TO AND
FORMS A PART OF THIS POLICY.
AP1'ROVED
AS TO
lul ." ;~,
~ .Inl SUu Slice
A~.sjSlant c.,
11}' /1 O!"iJ,,'\
EMPLOYER
L~GAL NAM~
L I OGARD AND ASSOC I ATES. I NC
2808 E KATELLA AVE STE 107
ORANGE CA 92867
LIOGARO ANO ASSOC, INC
IREV.3-03/
PRINTED: 04/15/2005 P0408