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Home My WebLink AboutOVERLAND, PACIFIC & CUTLER 5 - 2005f, 13t A-2005-102 INSUk?N ,?: fdt!. dOR;`r MAY NOT PROCEED ?,LERK OF GOIINCIl. DATE° (c- 1-7 - 0 ? CONSULTANT AGREEMENT THIS AGREEMENT, A-2005-102, made and entered into this 16th day of May, 2005 by POP and between Overland, Pacific & Cutler, Inc.., a California corporation (hereinafter tk 3,eg ) "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 right of way services, including, but not limited to, project management, appraisal, acquisition, and other general right of way services. 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: SCOPE OF SERVICES Consultant shall provide right of way services as set forth in City's Request For Qualifications For Real Estate Services on file in the Santa Ana Public Works Agency, and Consultant's Proposal dated March 14, 2005, attached hereto as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $150,000.00 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 the date first written above and terminate on May 31, 2006, 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 Public Works 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 C 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 92 702-1 98 8 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 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: Overland, Pacific & Cutler, Inc. 100 W. Broadway, Suite 500 Long Beach, California 90802 telefacsimile (562) 304-2020 Attn: Brian Everett, Regional Director A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, 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 her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 etseq., Government Code § 4450 etseq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 17. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product produced as a result of the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. 18. 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: PATRICIA E. HEALY? Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT BARRY CDANIEL Chief Executive Officer TaxID# 9?_33?g7µg MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero August 12, 2010 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher -' !{lu 23 Pill 2. QftRK OF THE COUNCIL ?1 aria D. Huizar CITY OF SANTA ANA CITY ANA PUBLIC WORKS AGENCY M-36 CM" = IL P.O. Box 1988 Santa Ana, California 92702 Michele Folk Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 SUBJECT: Notice to Proceed with Appraisal Services- Bristol & 17th Intersection Project Dear Michele, Thank you for your proposal, in your letter of August 2, 2010, to provide the above services at 1609 N. Bristol. Please accept this as a formal acceptance of the outlined services not to exceed $125,000. You are authorized to proceed in completing the DM&A FF&E report invoicing and completion of your review appraisal assignment. Upon Caltrans approval, we will forward you a written request to begin relocation activities. Should you have any questions, please call me at (714) 647-5640. Sincerely, aVAXn&V-&- A ' Souri Amirani Deputy City Engineer August 2, 2010 Souri Amirani - Deputy City Engineer City of Santa Ana 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 949.951.5263 ph 949.951.6651 20 Civic Center Plaza Santa Ana, CA 92701 RE: Proposal for Relocation and Tenant Acquisition Services w 17th & Bristol Intersection Widening Project l'") Dear Ms. Amiram: i= D ' w On behalf of Overland, Pacific & Cutler, Inc. ("OPC"), I would like to thank you for giving us the opportunity to submit this proposal to provide the City with relocation and related services. Our understanding of the assignment is that you would like us to assist with relocation and tenant acquisition services related to the 11 businesses that will be displaced as a result of the project referenced above. In addition, OPC will coordinate and process the FF&E appraisal invoices for appraisals already completed, and OPC will coordinate and provide a review appraisal for the subject property, The project funding will include federal funds, therefore services and benefits provided will be based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and California Government Code 7260 and the California Code of Regulations 6000 et seq., as applicable. CPSI, Inc. has provided us with a list of the affected businesses, that all occupy a single structure on the project site. Where a particular business occupies multiple units within the same building, we have considered them, and listed them, as one business. The businesses that have been identified for us and included in this proposal are included in the table below. 1609/1631 N. Bristol Baron Income B15 Smile Brands Inc DBA Santa Ana Dental 100 Law Office of Angel Carrazco, Jr. 200, 202, 203, 207 Livescan Fingerprints 201 Law Office of William Green 204,310 CTU Security Solutions 205 Albert A. Chu, LCSW 209 NCADD 300,311 Raymond Mori, Attorney at Law 302 Diet Clinic NN Medical 308 Megada, Inc. 312 Scopes of Work Relocation Implementation Services OPC will comply with all applicable federal and state laws, rules and regulations relating to relocation assistance and the City's adopted relocation assistance policies and procedures. The scope of relocation implementation services includes, but is not limited to, the following activities necessary for the effective relocation of business occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance services and benefits and explain relocation process. 3. Prepare and distribute Informational Notices, Notices of Eligibility, 90-Day Notices to Vacate and other notices, as may be required. 4. Assist displacees in locating replacement sites and provide written referrals to same. 5. Provide on-going advisory assistance to business displacees, including lists of qualified movers and vendors and/or the coordination of moving bids. 6. Coordinate specifications for the move and inventory of personal property, insuring thorough coordination with City staff and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a minimum of two bids and moving estimates with movers and the displaced business. 8. Monitor the actual move to the replacement site and re-establishment activities. 9. Determine eligibility for, and proposed amount of, relocation benefits, including actual and reasonable moving payments, re-establishment payments and fixed in-lieu payments. 10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms and submit claim forms to the City for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the City with periodic standard status reports. Tenant Acquisition Services For acquisition of business interests, which includes FF & E negotiations, OPC will coordinate with the selected F&E appraisal firm. We will coordinate negotiation issues with the appraiser as they are presented and will seek updates and clarifications as needed. OPC will present written offers to the business occupants, will examine the tenant leases and coordinate personalty/realty issues within the realm of relocation claims. Each tenant will be asked to quitclaim its interest in the land. If a bulk sale escrow needs to be conducted, OPC can coordinate this effort for a fee of $600.00 per escrow plus out of pocket expenses from the Secretary of State, which average $125.00 per escrow. We will handle UCC searches to ensure that the fixture or equipment is free from liens prior to recommending payment. Project Management/Consulting Project Management services include: coordinate with City staff/consultant to discuss the progress of individual cases, represent the City in meetings with citizen groups, Project Area Committee's, and/or City staff, and general consulting relative to the project. These services include regular status report updates to be provided to the City as often as requested. Project management may also include subcontractor coordination and/or invoice processing (with an approved 10% mark-up.) Proposed Fees For consulting services in compliance with applicable federal and state laws and the described Scope of Services, we propose the following fees: 1609/1613 N. Bristol Commercial Relocations - 11 $51,000 Tenant Acquisitions- 11 $12,500 Additional Services (i.e. escrow coordination, bulk sale advertisement, etc.) $11,000 FF&E Appraisals Invoice Payment & Coordination $36,500 Review Appraisal Services and Coordination $2,500 Project Management/Consulting $11,500 Total Proposed Project Budget $125,000 For activities associated with the attached Scope of Services, OPC may submit monthly invoices for the consulting services rendered based on the hourly rate schedule provided below. 2010 Schedule of* HourIN Overland, Pacific & Cutle Principal Consultant / Program Manager Rates r, Inc. $185.00 per hour Designated Real Estate Appraiser $275.00 per hour Staff Real Estate Appraiser $150.00 per hour Senior Project Manager $135.00 per hour Project Manager $125.00 per hour Senior Acquisition / Relocation Consultant $115.00 per hour Acquisition/Relocation Consultant / Analyst $105.00 per hour Escrow Officer / Project Support $ 73.00 per hour Secretarial/Clerical $ 45.00 per hour The total value of this contract shall not exceed the sum of $125,000.00 without prior authorization from the City. Consultant shall not perform any additional service, or incur any additional expense in the performance of this agreement without the prior written approval of City. Substantial changes in the required scope of work, including additional cases or relocations going beyond one year, may result in the revision of the proposed fees stated above. OPC considers photocopying, first class postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates. Out-of-pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). In the event OPC is requested to perform any act in relation to litigation arising out of any project with the Client, wherein OPC staff are required to exclusively focus on litigation activities outside of the scope of work described above (for example, expert or percipient witness services, responding to a complaint, or proceeding with discovery and trial) or to provide time-sensitive documents related to a case in litigation, such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the City may consider an adjustment of the hourly rates by five percent (5%) per annum, compounded annually on the anniversary date of this contract, and any remaining amount in the contract may be adjusted upwardly. Written communication services in other languages would be an additional cost, if required, and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, and standard written relocation notices in Spanish will be included at no additional charge. We appreciate the opportunity to submit this proposal to provide the requested services. We look forward to working with you. If you have any questions or require additional information, please do not hesitate to contact me at (949) 951-5263. Sincerely, Overland, Pacific & Cutler, Inc. YA"LTOL Michele Folk, SR/WA, R/W-RAC Principal/Vice President Acceptance of Proposed Terms With All Services - Notice to Proceed Name/Title Date qqq qq-?l?s? . MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero August 12, 2010 CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 Michele Folk Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 SUBJECT: Notice to Proceed with Appraisal Services- Bristol & 17th Intersection Project Dear Michele, CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar Thank you for your proposal, in your letter of August 2, 2010, to provide the above services at 1609 N. Bristol. Please accept this as a formal acceptance of the outlined services not to exceed $125,000. You are authorized to proceed in completing the DM&A FF&E report invoicing and completion of your review appraisal assignment. Upon Caltrans approval, we will forward you a written request to begin relocation activities. Should you have any questions, please call me at (714) 647-5640. Sincerely, A• awuna;v"`?' Souri Amirani Deputy City Engineer March 14, 2005 Mr. James G. Ross Executive Director City of Santa Ana Public Works Agency 20 Civic Center Plaza M-36, I" Floor Santa Ana, CA 92701 Attn: Souri Amirani RE: Proposal for As-Needed General Real Estate Services Dear Mr. Ross, Long Beach, CA 90802 51-1 c7 - 30 ?' Overland, Pacific & Cutler, Inc. is pleased to respond to your request for as-needed professional real estate consulting services. Having provided services to the City in the same capacity for the past 4 years, OPC fully understands the scope of work and most importantly the City's requirements and needs. We are prepared to provide a team of real estate specialists to be the City of Santa Ana's real estate arm and work cooperatively with the City's staff to successfully execute all appraisal, acquisition, relocation and other related services. The City of Santa Ana continues to be the hub of Orange County and its projects have a significant impact on the community. Your projects deserve the highest level of service and commitment for every size and type project. Overland, Pacific & Cutler, Inc. has the requisite knowledge of the City, successful past performance for your City, and over 100 full-time, multilingual acquisition, relocation, property management and project support staff available to implement your projects. OPC has provided right of way support to many of the City's Capital Improvement projects and has assisted the City in developing its right of way policies and procedures. In addition, we have completed numerous right of way studies along the Bristol Street cooridor including a cost study of over 700 properties - mostly within the City of Santa Ana. Our firm has also performed hundreds of relocation interviews throughout Santa Ana for the OCTA's CenterLine project. We have an even greater knowledge and understanding of the City's families, businesses and industry. We will continue to bring this knowledge to the City of Santa Ana's public works needs. In addition to years of service to the City of Santa Ana, OPC has been the trusted provider of real estate services to public agencies in California as well as nationwide for over 24 years. Our focus on customer service, coupled with consistent delivery of reliable services and work products, has solidified our position as the premier firm in this arena. EXHIBIT A 562.304.2000 ph 562.304.2020 fax v .OPCservices.com fC" We look forward to continuing our service to the City and are confident that will we excel in the delivery of your upcoming projects to the public. "I declare that only the person, persons, company or parties interested in the proposal as principals are named herein; that this proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that I have the full authority to bind Overland, Pacific & Cutler, Inc." Item XXI of RFP Respectfully Submitted, Overland, Pacific & Cutler, Inc Jc C utleripal, Broker-Officer Page 2 Table of Contents Table of Contents ....................................... Project Understanding & Approach........... Areas of Expertise .................................. Work Plan .............................................. ................................................................. 4 ................................................................. 8 The Project Team ........................................................................... ................................................13 List of Similar Projects .................................................................. ................................................24 Other Information .......................................................................... ................................................33 DBE Participation ..................................................................... ................................................ 33 Quality Control Plan (Section CQ .............................................. ................................................ 33 OFFICE LOCATIONS CALIFORNIA: Overland, Pacific & Cutler, Inc. Overland, Pacific & Cutler, Inc. 100 West Broadway, Suite 500 24422 Avenida de la Carlota, Suite 275 Long Beach, CA 90802 Laguna Hills, CA 92653 800.400.7356 Toll Free 949.951.5263 ph 562.304.2000 ph 949.951.6651 fax 562.304.2020 fax Overland, Pacific & Cutler, Inc. Overland, Pacific & Cutler, Inc. 3170 0 Avenue, Suite 200 5400 W. 981n Street San Diego, CA 92103 Los Angeles, CA 90045 619.688.7980 ph 310.417.0753 ph 619.688.7985 fax 310.216.7831 fax Overland, Pacific & Cutler, Inc. 8950 Cal Center Dr., Suite 102 Sacramento, CA 95826 916.857.1520 ph 916.857.1525 fax PENNSYLVANIA: Overland, Pacific & Cutler Northeast, LLC 2900 Beale Avenue Altoona, PA 16601 866.944.8006 Toll Free 814.944.8006 ph 814.944.2082 fax OHIO: Overland, Pacific & Cutler, Inc. 5335 Far Hills Ave., Suite 220 Dayton, Ohio 45429 937.436.5216 ph 866.644.6672 Toll Free 937.436.5740 fax Overland, Pacific & Cutler Northeast, LLC 1717 Swede Road, Suite 213 Blue Bell, PA 19422 814.944.8006 ph 814.944.2082 fax TEXAS: Overland, Pacific & Cutler, Inc. 3000 South 31" Street, Suite 307 Temple, TX 76502 254.778.6060 ph 254.778.6868 fax Overland, Pacific & Cutler, Inc. 7901 Oakport Street, Suite 4800 Oakland, CA 94621 510.638.3081 ph 510.638.0750 fax Overland, Pacific & Cutler, Inc. 41555 Cook Street, Suite 250 Palm Desert, CA 92260 760.776.1238 ph 760.776.1636 fax Overland, Pacific & Cutler Northeast, LLC Penn Park Building 48 S. Main Street, Suite 211 Pittston, PA 18640 570.602.9810 ph 570.602.9811 fax WASHINGTON: Overland, Pacific & Cutler, Inc. 10900 North-East 8th Street, Suite 900 Bellevue, WA 98004 425.462.5667 ph 562.304.2020 fax Page 3 Project Understanding & Approach Overland, Pacific & Cutler, Inc. has thoroughly reviewed the City's request for proposal and specifically the "Statement of Work". We understand that the City of Santa Ana Department of Public Works requires assistance with a variety of real estate and related services including the following activities: ? Appraisals (real estate, FF&E, goodwill, and review) ? Acquisition (offers, bilingual negotiations, settlements, closings, status) ? Relocation Assistance (plans, interviews, recordkeeping, advisory assistance, claims) ? Property/Asset Management (rents, board-up/fencing, utilities, testing, demolition, sales) ? Other Associated Services (title reports, legals/plats, phase I's and II's, staff services) To effectively provide the general service categories outlined above, the consultant must be able to deliver these services in a manner that is consistent with the laws of the State and with City policies, procedures, and practices. OPC understands these nuances and has demonstrated its competency to the City over the past four years. We have also proved capable of responding to all requests for "other services" that were presented to us. In order to demonstrate OPC's qualifications and ability to perform the required services we have included a description of our "Areas of Expertise" as well as a detailed "Work Plan " for general acquisition and relocation services. Areas of Expertise Program Management: Successful implementation of an acquisition and/or relocation project requires a thorough and coordinated effort during planning and preparation stages as well as during the implementation phase to see a project to a timely and cost-efficient completion. OPC provides management services at all stages of this process. Such services include: • Comprehensive initial project planning, including policy and budget analysis and participation in informational meetings with the public and official representatives. • Assisting with the development of administrative policies, procedures and forms necessary to carry out the initial program. • Ongoing general consultation and project coordination with the public agency client, social service agencies, governmental entities and project team members. • Representation of the public agency client at public meetings, hearings and litigation related matters. • Preparation of tracking reports that monitor the completion of project milestones and the progress of individual cases. • Coordination with public oversight agencies such as state Department of Housing and Community Development, and federal agencies such as FHWA, HUD, FAA and FTA, and state Departments of Transportation. Page 4 Right of Way and Property Acquisition: Overland, Pacific & Cutler, hic. has provided real estate related services to numerous transportation authorities, redevelopment agencies, cities, school districts and special districts through the Western United States and the nation for over 20 years. Our firm has been involved with over 600 projects, many of which have included such activities as: • "tum-key" program and project management and coordination, • site and route analysis and selection, • outreach programs, • public forums, • cost estimating, • special studies and budget analysis, • appraisal, • review appraisal, • property management, • escrow coordination and title clearance, • coordinating environmental audit remediation and excess land sales, • title reports and policies, • mapping, • surveying coordination, • condemnation activities in addition to the acquisition of more than 12,000 parcels. These projects have included both full and partial takings from various types of properties, including residential, residential income, industrial, commercial, agricultural, trailer parks, trailers, and vacant land. Relocation Assistance: OPC provides comprehensive relocation assistance services to public and private sector clients. The firm has handled more than 30,000 residential, commercial, and industrial cases connected with a broad array of projects and currently averages over 2,000 relocation cases per year. Our clients include local, regional, state, and federal public agencies, school districts, and both for- profit and non-profit developers. The principals of the firm are leaders in the relocation community and are often asked to speak at professional forums. Our field experience encompasses a varied assortment of projects and settings. We have extensive experience in: • public forums and outreach, • multi-lingual assistance and translation, • relocation budget estimates, • relocation plans, • replacement housing plans, • housing, commercial and industrial surveys, • commercial and industrial relocations, • residential relocations (including permanent and temporary displacement), • rent control compliance, • public and private mobile home closures, Page 5 • large-scale relocation efforts (up to 2,500 displacements), • tracking and management of periodic payments to Last Resort Housing benefit recipients, • document translation, • Section 8 and HQS inspection services, • development and/or review and modification of agency relocation guidelines and the established policies and procedures for providing relocation assistance in compliance with federal and state regulations, • post-relocation audit representation, • and eminent domain litigation support and expert witness testimony. We work within both rural and urban environments handling inner-city SRO and farm cases alike. Since all of our work ultimately involves the public, we are keenly sensitive to the human and political aspects of the work we undertake. We believe strongly in thorough planning, budget analysis, and above all, communication with our clients. OPC's business relocation services are second to none. Trained in California where unsuccessful business moves result in massive "loss of business goodwill" claims (often greater than the value of the property itself), we have come to respect the unique aspects of each business and what makes them successful at that location. Armed with this experience, we are able to deliver successful business moves, within the law, that increase the likelihood that the business will be able to remain in business and prosper at the new location. Property Management: OPC can provide the unique property management services needed in a public project. Project vacation objectives and the sensitivity of displacement are factored into the legalities and financial objectives of managing a property slated for acquisition and relocation. OPC has extensive experience managing property for an interim period of time until the property is conveyed to another party or utilized for another purpose, or we can manage the property on an on-going basis. Our property management services include: • Prepare and deliver rental agreements tailored to project objectives • Collect monthly rent payments • Work with or provide (as appropriate) on-site managers • Prepare and deliver required notices • Collect keys and verify abandonments • Provide utility disconnection and meter removal • Administer emergency and unsafe condition repairs • Contract building and ground maintenance as needed • Contract board-up and other security services as units become vacant • Provide asbestos and demolition cost estimates and coordination of asbestos abatement and demolition contractors K Page 6 Turnkey Project Administration Services: In addition to acquisition, relocation assistance, property management and program management services, OPC can provide general supervision and coordination for the full range of acquisition and relocation related services. Such services are provided through subcontracting with reputable top firms in each of the fields described below. Qualifications of proposed affiliated firms can be furnished upon request. Additional services that can be provided include the following: • Prepare Environmental Impact Reports, Project Area Surveys and other specialized reports as specified by the Client • Provide appraisal services for real property and fixtures and equipment • Provide appraisal services for Loss-of-Business Goodwill • Provide legal services related to the Redevelopment Plan and Project Area development and eminent domain proceedings • Legal Descriptions, Maps and Exhibits • Phase I & Phase 11 Environmental Studies • Provide escrow services and contracts • Provide title insurance and reports • Demolition Services • Other services mutually agreed upon Real Estate Asset Management Services: The recent decline in federal, state and municipal revenues highlighted by the State of California's $38 billion deficit, led OPC to establish a Real Estate Asset Management Services division. The effort to assist government entities in the transfer of value from non-producing surplus properties to liquid capital, begins with a three-step, turnkey program: A review and appraisal of your available real estate opportunities A determination and implementation of marketing strategies The sale and close of escrow Overland, Pacific and Cutler, Inc. has teamed with LFC Marketing Group of Newport Beach to sell certain assets through an Internet Auction marketing campaign. This type of selling process, if appropriate for your needs, features a 100-day sale timeline from initial marketing agreement to the transfer of sale funds to your account. Depending on the initial review of marketing strategies, a traditional real estate sale process can also be utilized. Page 7 Work Plan Acquisition Services: 1. Establish and maintain a complete and current record file for each ownership in a form acceptable to the City. 2. Maintain a diary report of all contacts made with property owners or his/her representative and a summary of the status of negotiations indicating attitude of owners, problem areas, and other pertinent information. Originals or copies of all applicable written correspondence will be maintained in files. 3. Prepare and assemble acquisition contracts, deeds and related acquisition documents required for the acquisition of necessary property interests. Said acquisition documents shall be in a form acceptable to the City. A written reconciliation of the title matters affecting the acquisition shall be prepared for each property. All documents shall be submitted to a designated City representative for review and approval prior to presentation to the property owner. 4. Analyze litigation guaranties, approved appraisal reports, legal descriptions and other documents furnished by the City, and/or prepared by OPC as provided above, in sufficient detail to negotiate with property owners and other parties to acquire interests in real property required by the City. Unless otherwise authorized by the City, negotiations shall include personal presentation to the property owner of the written Offer to Purchase and related/required documents, the Appraisal Summary, along with an explanation of the project and acquisition process. 5. Follow-up and negotiate with each property owner, as necessary, and submit required justifications in writing to the City for review and approval prior to presentation of any settlement offer to the property owner. Generally, give owner approximately 30 days to consider initial offer before negotiations can be considered "critical". 6. Recommend "impasse letter" be sent by City staff for any parcel where, after diligent attempts to settle by negotiation, it appears eminent domain will be needed or prudent to acquire the needed interest. City will send final letter based on information and circumstances to be provided by OPC. 7. Within 14 calendar days of execution of documents by property owners, transmit to the City, for City Council approval and acceptance, acquisition documents executed by owners and other parties in interest. Each transmittal package shall include: a) Fully executed and properly notarized Deed(s), b) Fully executed acquisition contract (Acquisition Contract) with attachments, in triplicate, and c) A completed settlement memorandum, which summarizes, explains, and justifies, as applicable, the pertinent data relative to the transaction. 8. Prepare a written, twice-monthly status report based on the agreed-upon guidelines on information to be provided. Confer weekly with City verbally on general status, problem areas, and progress. Page 8 Escrow Coordination, or Eminent Domain Coordination: Negotiated Settlement: Assist the escrow/title company in the following: 1. Open escrow by submitting escrow instruction letter providing for title insurance coverage at the settlement amount with fully executed Acquisition Contract and notarized Deed. 2. Coordinate payment of just compensation and closing costs with escrow. 3. Upon receipt of returned original recorded deed, maintain the deed in Parcel File. 4. Upon receipt of title/escrow company's title policy, compare title matters in title policy to settlement memorandum for consistency. 5. Coordinate with title company to correct any title exception or legal description errors and have title company provide corrected title policy as necessary; retain policy in Parcel File. 6. Distribute conformed copies of executed contract as directed by the City. Settlement by Eminent Domain: Assist the City Attorney with the following: Prepare a letter, for the City signature, to City Counsel requesting proceeding to condemnation, with the following attachments: a. A copy of the legal description of the property and estate to be acquired, including specific wording pertaining to the rights being acquired; (e.g. flowage easement, temporary construction easement conditions); b. A Right of Way map of the property (to be provided by City); c. A copy of the title report/litigation guarantee including supplements and copies of recorded encumbrances; d. An identification of those items to be "taken subject to" and those item to be eliminated; e. A list including grantor's name, property mailing address and assessor parcel number, and grantor's mailing address if different from property address, whether or not the parcel is a full ownership or portion of a larger ownership, the general location and total area of the parcel; f. Suggested deposit amount(s) for the parcel and funding code as provided by the city. g. A copy of the Parcel File, together with a copy of the Offer to Purchase, written correspondence, and Acquisition Contract and deed, which were mailed or presented to the grantor(s) during negotiations. Title Clearance 1. Clearance of title matters as set forth in the settlement memorandum, which shall include but not be limited to, payment of taxes due, and the securing of full or partial releases, subordination and/or re-conveyance from lien holders of record. 2. Coordinate escrow activities on behalf of the City, and coordinate payment of just compensation to property owners. Page 9 City Support Needed for OPC to Accomplish Work Plan/Scope of Work CITY shall provide the following documents and services: • Legal descriptions and plat map(s), identifying parcel(s) to be acquired; • Staking of the proposed take areas if required by the real estate appraiser; • Proof of Approved EIR or Approved Negative Declaration; • Format for City-Standard offer package" • Format for City-Standard Acquisition Contract and Deeds • Geometric and design information (particularly plan and profile views); • Legal opinion(s) if required, (i.e., larger parcel determinations, etc.) • A designated staff representative to coordinate project issues, timing, etc.; • Prompt response to OPC's written questions relating to City policies. Relocation Plan Preparation A conscientiously prepared relocation plan is a valuable tool in the acquisition process. A well- mapped plan can help the acquisition team phase the project so that an adequate supply of housing is available. It can also identify potential commercial pitfalls in the project scheduling process. The active steps in the relocation plan preparation process are: 1. Interview all potentially affected occupants to determine relocation needs. This includes a business needs analysis including: the number of employees at the location, special licensing or zoning needs, needed permits, information on trade areas, special moving requirements, etc. The interview also queries household information such as: the number, ages and gender of all occupants, income of the household, distance to employment and utilized neighborhood services, special needs of the household, etc. 2. Research the marketplace for available replacement locations and/or establish rent schedules for compiling project costs. 3. Compile available housing and business replacement sites. 4. Calculate potential project costs. 5. Draft relocation plan for presentation to client. 6. Make the plan available for public inspection. 7. Make any needed revisions brought up during the public inspection period. Relocation Assistance Program Implementation: Overland, Pacific & Cutler, Inc. will follow the Uniform Relocation and Real Property Acquisition Policies and Title 25 - Housing and Community Development (California Code of Regulations) to implement a controlled relocation assistance program consistent with law and with the City's goals. Specific tasks include: Conduct the following activities necessary for the effective relocation of residential occupants: 1 Or prompt review and approval of OPC-provided format. Page 10 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation housing needs and special requirements. 2. Inform displaced persons of available relocation assistance services and benefits, and explain relocation process. 3. Provide displacees with on-going advisory assistance to minimize their hardship, including referrals to and coordination with community service resources, public housing and other public services, as necessary. 4. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 5. Provide written referrals to replacement housing and physically assist displacees in locating replacement housing, including transporting individuals to view replacement sites, if necessary. 6. Prepare replacement housing/down payment assistance entitlement reports for displaced households. 7. Determine eligibility for and proposed amount of relocation benefits, including moving payments, rental/down payment assistance, and replacement housing payments. 8. Inspect replacement dwellings to determine if they meet "decent, safe and sanitary" requirements. 9. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to City for processing and payment. 10. Monitor the move to replacement site, as necessary. It. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide City with periodic standard status reports. Conduct the following activities necessary for the effective relocation of non-residential occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance services and benefits, and explain relocation process. 3. Prepare and distribute Informational Statements, Notices of Displacement, 90-Day Notices to Vacate, and other notices, as may be required. 4. Assist displacees in locating replacement business sites and provide a required number of written referrals to same. 5. Provide on-going advisory assistance to business displacees, including lists of qualified movers and vendors. 6. Prepare specifications for the move and inventory of personal property, insuring thorough coordination with City staff and/or legal counsel, that no real property is included on the personal property inventory list. Page 11 7. Coordinate the walk-through for a minimum of two bids and move estimates with movers and the displaced business. 8. Monitor the actual move to replacement site and re-establishment activities, as necessary. 9. Determine eligibility for and proposed amount of relocation benefits, including actual and reasonable moving payments, re-establishment payments, and fixed payments. 10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms, and submit claim forms to City for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide City with periodic standard status reports. Property Management Pre-Possession Activities: 1. Determine whether there are any vacant units at the time of acquisition, and prepare and present Rent to Hold Open Agreements to property owner and secure agreement (covering units vacant at time of first written offer). 2. Prepare and present Loss of Rent Agreements to property owners and secure agreement (covering units vacated through efforts of relocation agents prior to closing of escrow). 3. Coordinate with relocation agent to capture and track vacate dates for claim processing. Post Possession Activities: 1. Prepare and deliver rental agreements tailored to project objectives (if desired). 2. Collect and deliver monthly rent payments to the City. 3. Work with or provide (as appropriate) on-site managers. 4. Collect keys and verify abandonment. 5. Provide utility disconnection and meter removal. 6. Administer emergency and unsafe condition repairs. 7. Contract board-up and other security services, as units become vacant. 8. (optional - extra work item) Provide asbestos and demolition cost estimates and coordination of asbestos abatement and demolition contractors. Page 12 The Project Team Overland, Pacific & Cutler, Inc.'s Project Manager will be Ray Armstrong, SR/WA. Mr. Armstrong has over 17 years of real estate experience, has worked on Santa Ana's projects in the past, and is highly qualified to manage the City's on-call needs. Ray will be the day-to-day contact for the City of Santa Ana, will be the one performing much of the work, and will be the one providing the status reports to Santa Ana staff. If selected for an interview, he will conduct the presentation to the City. Following is a table listing key members of the project team and their functions. We selected more than one appraiser and FF&E appraiser in order to allow the City the option to choose from among this pool of our highly qualified sub- consultants. As-Needed Real Firm Overland, Pacific & Cutler, Inc. Estate Ser% ices Function Project Management & Research Property Acquisition & Negotiation Activities Relocation Assistance Eminent Domain Litigation Support Represent City in Public Hearings Title Research & Reconciliation Vacations and Sale of Surplus Properties Project Cost Estimates Records Management & Inventories Other Advisory Services Lidgard & Associates Real Estate Appraisal Market Data Studies Hennessey & Hennessey Real Estate Appraisal Market Data Studies Mark Linnes, MAI Review Appraisals Desmond, Marcello & Amster Fixture and Equipment Appraisal, Goodwill Loss Appraisals Donna Desmond Associates Goodwill Loss Appraisals, Exposure Analyses Associated Engineers, Inc. Legal Descriptions and Plat Maps Calvada Phase I and H Environmental Permitting Page 13 Cost Proposal for As-Needed Real Estate Services Presented to: The City of Santa Ana Public Works Agency Presented by: Overland, Pacific & Cutler, Inc. 100 W. Broadway, Suite 500 Long Beach, CA 90802 (562) 304-2000 March 14, 2005 EXHIBIT 8 OPC Hourly Rate Schedule Following is OPC's hourly rate schedule for 2005: Corporate Officer Regional Manager Sr. Project Manager Project Manager Senior Acquisition/Relocation Consultant Acquisition/Relocation Consultant/Analyst Real Estate Technician/Escrow Officer/Project Support Secretarial/Clerical $175 per hour $130 per hour $115 per hour $105 per hour $95 per hour $85. per hour $60 per hour $40 per hour The firm considers photocopying, postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates. Out-of-pocket expenses, including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier charges, and specialty reproduction will be charged at cost plus 10% to cover administration, coordination and handling. Subcontracted services will be invoiced at cost plus 10%. Any consulting services or advice necessary for appeal, or to support litigation, such as depositions, pre-trial research and court testimony, are not part of our normal fees and shall be invoiced at two times our hourly rates. Hourly Rates for OPC's Sub-Consultant Team Lidgard & Associates MAI Appraiser $175 per hour Associate Appraiser $125 per hour Hennessey & Hennessey LLC Appraiser $150 per hour Deposition & Court Testimony $300 per hour Mark Linnes, MAI MAI Appraiser $200 per hour Page I Desmond Marcello & Amster Business Valuation Appraiser Standard Deposition/Court Cateeorv Hourly Rate Hourly Rate Principal $225-$250 $300-$350 Senior Manager $175-$225 $250-$275 Valuation Manager $150-$175 $200-$250 Senior Financial Analyst $125-$150 $175-$200 Financial Analyst $100-$125 N/A Fixture & Equipment Valuation Appraiser Standard Deposition/Court Cateeorv Hourly Rate Hourly Rate Principal $200-$250 $300-$350 Senior Manager $175-$200 $250-$300 Manager $150-S175 $200-$250 Senior Appraiser $125-S150 N/A Appraiser $100-$125 N/A Donna Desmond Associates Appraisal Preparation $225 per hour Litigation Support $350 per hour Deposition & Court Testimony $350 per hour Calvada Senior Review $85 per hour Field Scientist $65 per hour Drafting $50 per hour Clerical $35 per hour Associated Engineers Office Time Principal Registered Civil Engineer / CEO $158 per hour Principal Registered Civil Engineer $147 per hour Principal Licensed Land Surveyor $147 per hour Principal Construction Administrator $147 per hour Senior Construction Administrator $126 per hour Civil Engineer 1. Project Manager $126 per hour 2. Senior $110 per hour 3. Associate $100 per hour Assistant Engineer $95 per hour Junior Engineer $79 per hour Page 2 Utility Coordinator-1 $95 per hour Utility Coordinator-2 $72 per hour Chief of Surveys $115 per hour Licensed Land Surveyor $110 per hour Land Survey Technician $90 per hour Cadd Technician $79 per hour Junior CADD Technician S42 per hour Engineering Aide $53 per hour Senior Administrator $100 per hour Accounting Coordinator $53 per hour Administrative Assistant $53 per hour Field Time 3-Man Survey Party $263.00 per hour 2-Man Survey Party $205.00 per hour 1-Man Survey Party $147.00 per hour Flagman $53.00 per hour Senior Staff Inspector $95.00 per hour Staff Inspector $79.00 per hour Travel Time - 3-Man Survey Parry $110.00 per hour Travel Time - 2-Man Survey Party $84.00 per hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown. These hourly rates do not include printing costs, fees paid to Governmental agencies or other reimbursable expenses. These expenses are billed at cost + 10%. Above schedule subject to change based on annual increases to direct labor rates. Travel time rates will be billed for those hours in excess of 8 hours per day. Expert Witness time will be billed at 1 %z times the hourly rates shown with a 4 hour minimum plus expenses. Page 3 4 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: 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 ACfQRCERTIFICATE OF LIABILITY INSURANCE DATE (MMMDF(YYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 22801 Ventura Blvd, Third Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Woodland Hills, CA 91364 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone 818-225.6200 Fax 818-225.6210 INSURERS AFFORDING COVERAGE NAIC # INSURED Overland Pacific & Cutler Inc INSURER A: Great American E & S Company , . , 100 West Broadway INSURERS: The Hartford Insurance Company Suite 500 NSURERC: RSUI Indemnity Company Long Beach, CA 90802 INSURER D: Everest National Insurance INSURER E: Illinois Union Insurance Company ?nVERAGES 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 00 POLICY NUMBER POUCYEFFECTIVE POUCYEXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PL 5574310-01 6/24/2004 611/2005 PRMISES Eaaccurenca $ 50,000 A CIAIMSMADE ? OCCUR MEDEXP(MymePe,san) $ Excluded X Contractual Liability PERSONAL & ADV INJURY S 1,000,000 fENERAL AGGREGTE S 22000,000 GEN'L AGGREGTE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ Excluded POLICY PRO LOC IECT F7 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 ANY AUTO 72 UECUM6536 6/24/2004 6/24/2005 (Eaeccidwt) , , ALL OWNED AUTOS BODILY IWURY $ B SCHEDULED AUTOS (Per person) X HIRED AUTOS AePROV J AJ LU BODILY IWURY $ X NON-OWNED AUTOS (Per awdent) I 1 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY LaL ra L tld4u J AUTO ONLY -EA ACCIDENT $ ASSISI nL C11) ALIor G? ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXOESSUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 NHA212256 719/2004 6/1/2005 000 000 1 X OCCUR El CLAIMS MADE AGGREGATE , , $ C $ DEDUCTIBLE $ RETENTION $ $ X we $TATU- OTH- WORKERS COMPENSATION AND 3900048305-041 6/112004 6/1/2005 D EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,090,660 $ ANY PROPRIETORIPARTNER/EXECUTIVE 600 690 1 OFFICER/MEMBER EXCLUDED? YES E.L. DISEASE-EA EMPLOYEE , , S Xves, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ 4THER Em lo ment Practices Liab & BM120010437 6/24/2004 6/112005 EPL: $1,000,000 - $15,000 Retention E p y E & O: $2,000,000 - $50,000 Retention Errors & Omissions Prof Liab DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Santa Ana, its officers, agents, employees, consultants, special counsel & reperesentatives are named as Additional Insured as their interests may appear in the operations of the Named Insured. Revision of Certificate dated 7/2012004 e10 Days Notice of Cancellation for Non-Payment of Premium Additional Insured City of Santa Ana Public Works Department Attn: Taig Higgins 20 Civic Center Plaza Santa Ana, CA 92701- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an Insured any person or organization (called additional Insured) 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 must be: 3. currently in effect or becoming effective during the term of this policy; and 4. executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury" which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the policy but prior to the earlier of the date of expiration or cancellation of this policy. B. With respect to the insurance afforded such Additional Insured, the following additional provisions apply: 1. that person or organization is only an Additional Insured with respect to liability arising out of: a. premises or equipment you own, rent, lease, or occupy; or b. your ongoing operations performed for that Additional Insured by or for you. The insurance provided to such Additional Insured does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." 2. The Limits of Insurance applicable to any such Additional Insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever are less and are subject to the terms and conditions of this coverage form. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. A person's or organization's status as an Additional Insured under this endorsement ends 30 days after your operations or agreement for that Additional Insured are completed or cease, or the expiration of this policy, whichever is earlier. APPRUvnil AS ' Lawa st a ?Assistant i.;ry - C. The insurance provided to any Additional Insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyors' rendering of or failure to render any professional services including: the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. supervisory, inspection, or engineering services. It is further agreed that this insurance shall be primary and noncontributory but only in the event of the Named Insured's sole negligence. APPROVED AS TO VO Laura ?.IIV l"??R?? Assistant AC-ORD.. CERTIFICATE OF LIABILITY INSURANCE I OATE(CLIMO DDMZ Venbrook Insurance Services 22801 Ventura Blvd, Third Floor Woodland Hills, CA 91364 Phone 618-225-6200 Fax 818-225-6210 A-,'xOv5- iD-), INSURERS NO INFORMATION CERTIFICATE EXTEND OR Overland, Pacific & Cutler, Inc. 100 West Broadway Suite 500 Long Beach, CA 90802 COVERAGE NAIC # r:nVFRAGFS 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 WIT H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR UNTIL TYPEOFUCSURAMCE POLICY NUMBER PODCYETFECTNE POLICYEEPMMN OMITS GENERALUARILDY ENCE $1000000 X COMMERCIALGENERALUABIIJTY PL 5574310-02 61112005 611/2006 mumnce $ 5D 000 A CLAIMS MADE 510CCUR na non) s Excluded X Contractual Liability DV INJURY $ 1,0()0,000 M GATE3 EGATE 9 2 DDD ODD GENT AGGREGATE LIMIT APPLIES PER: MP/OPAGG s Exclude d POLICY PRO- LOG AUT DMOBILElIABIIrTY COMBINED SINGLE LIMIT o E $1 000 000 ANY AUTO 72UECTQ3952 611/2005 61112006 a ac nenq ( , , ALL OWNED AUTOS INJURY BODILY $ B X SCHEDULED AUTOS W (Pal Perna^) X HIRED AUTOS X BODILY INJURY P o S NON-OWNED AUTOS er a[ ( pMl) X $1,000 Comp Ded X $1,000 Coll Ded PROPERTY DAMAGE (Par A«aenl s GXI UUSE WLBIU'r, AUTO ONLY EAACCIDENT E ANY AUTO OTHER THAN EA ACC i AUTO ONLY AGO $ EACESSNMBRELIA lU13MITY EACHOCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE NHA214302 6/112005 6/112006 AGGREGATE § 1 000000 C _ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND LOY Sl l 530303 6/112005 6/112006 X WC $T1 DTH- D EMP ER U1BB TY ANY PROPRIETOWARTNEIVEXECUTNE E.L. EACH ACCIDENT E $$1 ()00000 OFFICERIMEMBER EXCLUDED? YES II eF e urle er E. L. DISEASE - EA EMPLOYEE $ $1,000 DOO Y ,ALPRO SPECf PR VI S IONStN O++ $$1,000,000 OTHER P O i i 2?2998 ii 6/1/2005 &O R : $100 000 E rof L Errors & miss ons ab T = , DESCRIPTION OF OPERATIONS I LGCATKHISI VEHICLES )£XCLUSKNS ADDED BY ENDORSEMENT/ SPECIAL PROVISbN3 •, f a r r) The City of Santa Ana, its officers, agents, employees, consultants, special counsel 8 reperesentatives are named Ad'dT'ltional Insured as their interests may appear in the operations of the Named Insured- •10 D N ti f C ll f P ti ays o ce o ance on a or Nan- ayment of Premium y City of Santa Ana Public Works Department Attn: Taig Higgins 20 Civic Center Plaza Santa Ana, CA 92701- 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IMS W NWU R WILL ENDEAVOII TO MAIL 30 DAYS WRRIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO PO SHALL IMPOSE NO OBLIGATION OR LABBITY OF ANY KIND UPON DIE INSURER, Ors AGENTS OR 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an Insured any person or organization (called additional Insured) 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 must be: 3. currently in effect or becoming effective during the term of this policy; and 4. executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury" which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the policy but prior to the earlier of the date of expiration or cancellation of this policy. B. With respect to the insurance afforded such Additional Insured, the following additional provisions apply: 1. that person or organization is only an Additional Insured with respect to liability arising out of: a. premises or equipment you own, rent, lease, or occupy; or b. your ongoing operations performed for that Additional Insured by or for you. The insurance provided to such Additional Insured does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." 2. The Limits of Insurance applicable to any such Additional Insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever are less and are subject to the terms and conditions of this coverage form. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. A person's or organization's status as an Additional Insured under this endorsement ends 30 days after your operations or agreement for that Additional Insured are completed or cease, or the expiration of this policy, whichever is earlier. C. The insurance provided to any Additional Insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineers, or surveyors' rendering of or failure to render any professional services including: 1. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. supervisory, inspection, or engineering services. It is further agreed that this insurance shall be primary and noncontributory but only in the event of the Named Insured's sole negligence. 1 ? _ 3 a ACORD CERTIFICATE OF LIABILITY INSURANCE 05/25/20 ' PRODUCER (818)225-6200 Venbrook • 22801 Ventura Boulevard FAX (818)225-6210 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 POLICIES BELOW. Third Floor Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Fire Ins. Co. Overland Pacific & Cutler Inc. INSURER s Hi SCOX, Inc. 100 West Broadway Suite 500 /1 ???I-# INSURER C: ? '# e?I? INSURERD' 1 Lon Beach CA r? 90802 4-1t)0Jr -'102. INSURERS 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 LTR ADD'L INSRO TYPE OF INSURANCE POLICY NUMBER FFECTIVE POLICY (MI POLICY MMIDO TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 e REM SE E 000 S 300 X COMMERCIAL GENERAL LIABILITY occurr nce P I S Ea , A CLAIMS MADEFx? OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MED EXP An one rson $ 10,000 X $10,000 BI&PD DEDT PERSONAL &ADV INJURY $ 1,000,000 X PER CLAIM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOP AGO $ 2,000,000 X POLICY JECOT LOC A AUT OMOBILE LIABILITY 72UUNTR7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accidertl) NON-OWNED AUTOS X Comp Ded: $1,000 PROPERTY DAMAGE $ X Coll Ded: $1,000 (Per acatlen0 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ R AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 1,000,000 A DEDUCTIBLE 72RHUTR7849 06/01/2006 06/01/2007 $ RETENTION $ $ A WORKERS COMPENSATION AND X TORY LIIMITS OER EMPLOYERS' LIABILITY ANY PROPRIETORPARTNERIEXECUTIVE E. L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? 72NERL3495 06/01/2006 06/01/2007 E.L. DISEASE - EA EMPLOYEE $ 11000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B OTHER ErrOIs & Omissions ME0100112506 06/01/2006 06/01/2007 E & 0 $ 2,000,000 Professional Liah. SIR $ 100,000 DESCRIPTION OF OPERATION&LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Santa Ana, City of Santa Ana Redevelopment Agency, their officers, employees, agents, representatives and volunteers under the direct supervision of the City of Santa Ana are named as Additional Insureds as their interest may appear in the operations of the Named Insured as respects General Liability per attached endorsement HG 00 01 06 05. -10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM Community Redevelopment Agency of the City of Santa Ana Attn: Shelly Landry-Dayle Housing Manager 20 Civic Center Plaza, M-37i ! Santa Ana, CA 92701, ? ?r .c 251Ynn1/nA1 na ACORD CORPORATION 1988 INS025 piosl.oc AMS VMP Mortgage Benue., Inc. (800)327-0595 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XN CXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, M AUTHORIZED REPRESENTATIVE Bobbin Tait/CH Page 1 ot2 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. • (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 0 c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: 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 person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". HG 00 01 06 05 Page 11 of 18 • have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its tennination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. L 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part, a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 0 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or 7 ? i • c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00010605 I , • added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" (2) Authorize us to obtain records and other information; HG 00 01 06 05 • (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or Page 13 of 18 ACORD CERTIFICATE OF LIABILITY INSURANCE 05/25/z o PRODUCER (818)225-6200 FAX (818)225-6210 Venbrook 22801 Ventura Boulevard 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 POLICIES BELOW. 1 Third Floor Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA' Hartford Fire Ins. CO. Overland Pacific & Cutler Inc. INSURER B: HiSCOX, Inc. 100 West Broadway Suite SOO ... INSURERC: INSURER D'. Lon Beach CA 90802 INSURER E: COVFR&nFS 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 ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YY) DATE MMIDOM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES EaExcurtence $ 300,000 A CLAIMS MADE OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MEO EXPAn one person) $ 10,000 X $10,000 BI&PD DEDT PERSONAL S ADV INJURY $ 1,000.000 X PER CLAIM GENERALAGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMPIOPAGG $ 2,000,000 X1 POLICY PRO Loc A AUT OMOBILE LIABILITY 72UUNTR7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea amdent) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X Comp Dad: $1,000 PROPERTY DAMAGE X Coll Ded: $1,000 (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACODENT $ ANY AUTO OTHER THAN EA ACC S H AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR FICIAIMS MADE AGGREGATE $ 1,000,000 $ A DEDUCTIBLE 72RHUTR7849 06/01/2006 06/01/2007 $ RETENTION $ $ A WORKERS COMPENSATION AND ' X WCSLIMITS T TOW ER - EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNEMEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? 72WERL3495 06/01/2006 06/01/2007 E.L. DISEASE - EA E MPLOYEE S 1,000,000 It yes, descnbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 B OTHER Errors & Omissions ME0100112506 06/01/2006 06/01/2007 E & D $ 2,000,000 Professional Liab. SIR $ 100,000 DESCRIPTION OF OPEMnONSILOCATIONSMEHICLESIE CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, City of Santa Ana Redevelopment Agency, their officers, employees, agents, representatives and volunteers under the direct supervision of the City of Santa Ana are named as Additional Insureds as their interest may appear in the operations of the Named Insured as respects General Liability per attached endorsement HG 00 01 06 05. •10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Community Redevelopment Agency EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 16y11W*'VXIOX MAIL of the City of Santa Ana 30 DAYS WRITTEN NOTICE T O THE CERTIFICATE HOLDER NAMED TO THE LEFT, ?AX Attn: Shelly Landry-Dayle ? Housing Manager 20 Civic Center Plaza M'37-"' ! , Santa Ana, CA 92701, AUTHORIZED REPRESENTATIVE RobbinTaiVCH ACORD 25 (2001108) 0 ACORD CORPORATION 1988 INS025 (olo8)m AMS - VMP Mongage solutions, Inc (eoo)327-os45 Page 1 ot2 x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. r 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: 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 person or organization. d. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". HG 00 01 06 05 Page 11 of 18 Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e, above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III - Limits Oflnsurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include; (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; HG 00 01 06 05 (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or Page 13 of 18 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-36 Santa Ana, California 92701 TRANSMITTAL TO: Norma Mitre- Ramirez DATE: October 31, 2008 City Clerk's office From: Sheri Barkley X-5013 Senior Office Assistant, Design Engineering M36 SUBJECT Terminated Agreement "Overland, Pacific & Cutler (OPC) Agreement # A-2005-102 WE ARE ENCLOSING THE FOLLOWING: FOR: Under Separate x Herewith Via Mail REMARKS: Hi Norma, Letter Plans Specifications Originals Agreements Drawings X Other X Your Review 'X Your Approval Your Information Your Files Your Use Your Signature Your Comment There was an oversight in April 2008 when agreement termination forms were sent to you. The above agreement was submitted on a termination form and therefore was terminated. Please reverse or delete the termination form in laserfiche for the reason that we are currently sending an amendment to the agreement to City Council on 11/17/08. Respectfully, Sheri This is being sent on behalf of Souri Amirani, PWA, Design Engineering K:DesignTonns /? -- 20-Y -,3 to -qt- MV CERTIFICATE OF LIABILITY INSURANCE 11200 6/ PRODUCER (818) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook Insurance Servioea, CA Lie OD80832 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND E , XTEND OR 6320 Canoga Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12th Floor Woodland Hills CA 91367 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Hartford Fire Insurance 19682 Overland Pacific & Cutler Inc. INSURERaThe Hartford 100 West Broadway suite 500 INSURERaWestchester Fire INSURER D: Long Beach CA 90802 OVERAgFS INSURER E: 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 HI T S 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 POLICI ES. UE LIMITS SH MAY HAVE BE SLREDUCED BY D INS R ADDI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV DATE (MMIDDNY) E POLICY EXPIRATIO DATE MA OfY N LIMITS GENERAL LIABILITY E $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTEp Eaoaimrence 5 300,000 CLAIMS MADE OCCUR 72UUNTA7859 6/1/2009 6/1/2010 MEDFxP one sal S 10, 000 X $10,000 BI&PD Ded. 1 PER NJ Y ,000,000 s Per Claim 2 00 GENE E E , 0,000 $ GENL AGGREGATE LIMIT APPLIES PER: RO- PRODUCTS-C $ 2,000,000 POLICY X J LOC AU TOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (EaaccMent) $ 1,000,000 A ALLOWNEDAUTOS 72UUNVR7859 6/1/2009 6/1/2010 X SCHEDULEDAUFOS L, 0 t BODILYINJURY (Per person) S X HIREDAUTOS `? O 3? 80DILYI X NON OYWEDAUTOS NJURY S - ?ppgll - / (Per accident) X Comp Ded. $1,000 y ? X Coll Dad. $1 000 X II ??lJ PROPERIYDAMAGE (Per acciden0 $ [GARAGE LIABILITY Stltt ra t 0 Tn y AUTOONLY•EAACCIDENT S ANY AUTO City H kSSiS Ilt a OTHERTHAN EAACC $ , AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE A GR AT $ 2,000,000 S B DEDUCTIBLE 72RHUTR7849 6/1/2009 6/1/2010 $ RETENTION S S B WORKERS COMPENSATION AND T 0 EMPLOYERS' LIABILITY X ANY PROPRIETORfPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? 72WETQ9233 6/1/2009 6/1/2010 K yes. describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 SPECIALPROVISI NS belm E.L. DISEASE-POLICY I)MIT $ 1,000,000 C 07HER professional Liab. G24412763002 6/1/2009 6/1/2010 Ea. Claim $ 2,000,000 Claims Made Aggregate $ 2,000,000 beductible $ 50,000 DESCRIPTION OF OPERATIONSILOCATIONSNERICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROV ISIONS The City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives included as additional insured per attached endorsement #CG20260704 h w ere required by contract. Subject to policy terms, conditions, and exclusions. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRA710H DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Public Works Agency, M-36 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Attn: Sheri Barkley P.O. BOX 1988 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Santa Ana, CA 92702 INSURE ITS AGENTS OR REPRESENTATIVES. astitastitUDy REPRESENTATIVE Haarry/CH rry/CH h A"? A? IC, NS07R ACORD 2b (2001!08) (D ACORD CORPORATION 7988 m,nn. ?„ Page I of 2 INS025 (oios).oaa rage 2 of 2 POLICY NUMBER: 72 UUN TR7859 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF SANTA ANA PUBLIC WORKS AGENCY, M-36 PO BOX 1988 SANTA ANA, CA 92702 THE CITY OF SANTA ANA, ITS OFFICERS, SPECIAL COUNSEL & REPRESENTATIVES AGENTS, EMPLOYEES, CONSULTANTS, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section Il - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of i ACORD CERTIFICATE OF LIABILITY INSURANCE 6/1 0o'9 ' PRODUCER (818) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook Insurance Services CA Lie ODS0832 , ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6320 Canoga Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12th Floor Woodland Hills CA 91367 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Hartford Fire Insurance 19682 Overland Pacific & Cutler Inc. wsURERB:The Hartford 100 West Broadway Suite 500 INSURER a Westchester Fire INSURER D: Long Beach CA 90802 INSURER E: .OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH 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. SHOWN D CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER DAT (MMIDD YI PDAT£ MWDDNY) LIMITS GENERAL LIABILITY EA ENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED Sr tC MI Ea occurrent 300,000 $ A X CLAIMS MADE .? OCCUR 72UUNTR7659 6/1/2009 6/1/2010 MEOFxP An one arson $ 10,000 X $10,000 BIGPD Ded. PER INJURY S 1,000,000 Per Claim GENERA AGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: - PRODUCTS - COMPIOP AGO S 2,000,000 1 POLICY X M LOC 1 AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 X ANY AUTO (Ea aoddenl) A ALLOVMEDAUTOS 72UUNTR7859 6/1/2009 6/1/2010 BODILY INJURY X SCHEDULEDAUTOS }lZM (Pet Pecs-) $ X HIRED AUTOS ? ?S ?U ?( YI RY s X NON-OVMED AUTOS v Y APP?U ((Perao Ment)) N Comp Ded. $1,000 rl! PROPERTY DAMAGE x Coll Dad. $1,000 (Peracddenl) S OARAGELU161LITY _j CF -7 BLltt z Y T'fl AUTO ONLY -EAACCIOENT $ H ANY AUTO SIS C;iLY (. aIIL OTHER THAN EAAC S NS AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE _ AGGREGATE $ 2,000,000 S B DEDUCTIBLE 72RHUTR7849 6/1/2009 6/1/2010 $ RETENTION S B WORKERS COMPENSATION AND EMPLOYE S' LI X ll- 0 1 R ABILITY ANY PROPRIETORfPARTNERIEXECUTIVE E.L EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDED? U es d b d 72WETQ9133 6/1/2009 6/1/2010 E.L. DISEASE -EAEMPLOYEE $ 1,000,000 y , esrn eun er SPECIALPROVISI NS E, L. DISEASE -POLIY LIMIT S 1,000,000 C OTHER Professional Liab. 624412763002 6/1/2009 6/1/2010 Ea. Claim $ 2,000,000 Claims Made Aggregate $ 2,000,000 Deductible $ 50,000 DESCRIPTION OF OPERATLONSILOCAT]ONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives included as additional insured per attached endorsement #CG20260704 where required by contract. Subject to policy terms, conditions, and exclusions. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM City of Santa Ana Public Works Agency, M-36 Attn: Sheri Barkley P.O. Box 1988 Santa Ana, CA 92702 28 I20n•UOR1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORIZED REPRESENTATIVE Chastity Harry/CH INS025 (moa).osa Page t of 2 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. -- ?a %avv i,val INS025 (oiw .osa Page 2 ore POLICY NUMBER: 72 UUN TR7859 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) CITY OF SANTA ANA PUBLIC WORKS AGENCY, M-36 PO BOX 1988 SANTA ANA, CA 92702 THE CI'T'Y OF SANTA ANA, ITS OFFICERS, AGENTS, EMPLOYEES, CONSULTANTS, SPECIAL COUNSEL & REPRESENTATIVES Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ,?coR°® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YWY) ?? ? 5/26/2010 PRODUCER (618) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook 2nsurance Services, CA Lic OD80832 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6320 Cano a Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12tH Floor '' ' Woodland Hi11s CA 91367 INSURERS AFFORDING COVERAGE r NAIC # INSURED ?"???? ?'?1 /\ INSURER A Hart£o rd F1re Insurance CO 19682 `lJ __. _- -__- _-__ __. -_. Overland Pacific S Cutler 2nc. ,??? -,OZ INSURER B The Hart£Ord zsaza 3750 Schau£e1e Ave. Suite 150' ? wsu RERC Westchester Fire Insurance 21121 l>-2x?? -o`-l?{ II _ ___ _ - _ __ 1 - - - --- INSURER D: I Long Beach CA 90809 INSURER E? ? T cnvconr_vc 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 CONDIT IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL. T _ .__... _-_. -_ -_- _- ? - -. POLICY NUMBER POLICY EFFECTIVE '?, POLICY EXPIRATION _ _.. LIMITS G E_NERAL LIABILITY ?'. EACH OCCURRENCE $ 1 ,000 000 X COMMERCIAL GENERAL LIABILITY i, _._ -.__ _ -DAMAGE TO RENTED _P REMIS ES jEa occurrence) _ I $ _ 90? 000 ?? A X '. CLAIMS MADE L^ Iii OCCUR 72 UUNTR7859 ? 6/1/2010 6/1/2011 _._ __ - ? _ MED EXP (Any one parson) I_. - - _ - `$ __. . _ 10, 000 -- _- X ? $10 , 000 BS 6PD Ded. '',, i PERSONAL S ADV INJURY $ ? 000 ?O.O O. Par Claim ? GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT AP P_L IES PER' PRODUCTS -COMP/OP AGG $ 2 , OOO? 000 POLICY X PRO ? ? LOC AUT - -. OMOBILE LIABILITY ?. COMBINED SINGLE LIMIT I $ X ANY AUTO '. ', (Ea accitlen[) 1 , 000 , 000 A ALL OWNED AUTOS 72VVNTR7S59 6?1?2010 6?1?2011 BODILY INJURY X SCHEDULED AUTOS I, (Per person) $ X __ _ _._ -- -___._.- _ _ X l HIRED AUTOS ?`l *J ll 1 ? NON-OWNED AUTOS APPROV ? AS K BODILY INJURY $ I (Per accident) x - com Dea sl o00 --- p ? / `-- ---- _. _ I, PROPERTY DAMAGE $ _ X Co11 Dad $1,000 I (Per accident) GARAGE LIABILITY - ,? 31LL9- ' Silt Sheady AUTO O_ NLY EA ACCIDENT $ - ? ANY AUTO ? ?SS1St8II Ly ALIOrriC OTHER THAN E_A_ ACC $ ' H AUTO ONLY AGG $ ESS/UMBRELLA LIABILITY EXC EACH OCCURRENCE S 2,0001 000 !XOCCUR CLAIMS MADE I LAGGREGATE _-- $ - ,2,.0001-0.00 B I DEDUCTIBLE 72RHVTR7 B49 6?1?2010 '. 6/1/2011 ? $ I RETENTION $ $ B WORKERS COMPENSATION it X WC STATU OTH Y / N AND EMPLOYERS' LIABILITY _- _ TORY.LIMITS _ ER -__ _. __-. --- _ _ ? ANY PROPRIETOR/PARTNER/EXECUTIVE 'I ? ? ' _EL EACH ACCIDENT -- $ 11 000 , 000 OFFICER/MEMBER EXCLUDED? (Mantla[ory in NH) ? It yes describe under 72WETQ 9133 I 6?1?2010 6?1 2011 - - 1 [_EL DISEASE EA EMPLOYEE -' --. --- _$ - 1 X000 , 000 , SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT I $ 1 000 000 C OTHER professional Liab. I G24412763 003 '?, 6/1/2010 16/1/2011 ? Ea Claim $2,000,000 Claims Made '? Aggregate $2 , 000 , 000 $ 50 000 DESCRIPTION OF OPERATONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City o£ Santa Ana, its officers, agents, employees, consultants, spacial counse l 6 representatives included as additional insured par attached endorsement #CG20260704 where required by contract. Subject to policy terms, conditions, and exclusions. *10 DAY NOT2CE OF CANCELLATION FOR NON-PAYMENT OF PREM2LR1 GERTI FIGATE HOLDER CANCELLATION SHOULD ANY OF THEAB0VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City O£ Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Public Works Agency , M-3 6 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Sheri Barkley P. O . BOX 1988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92702 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Sharon Jones /SHAJON i-J ?--?-- ACORD 25 (2009/01) ©'1988-2009 ACORD CORPORATION. All rights reserved. INS025 (zoosD?) The ACQRD name and logo are registered marks of ACORD , 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 This Certificate of Insurance 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 (2009/0'1) - INS025 (zooeoi> have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally in ccrpora led entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage. with rps?reLt Lts wllicfr drl insurrsti urlt?rrr [Iris Cclverayis Part is also an insured under another policy or would be an insurred under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and. over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no .other similar insurance available to thatnrganization. However: a. Coverage under th is provision is afforded only until the 18oth day afiter you acquire or form the organization or t1-te end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you adquired or formed the organization; and c. Coverage 6 does not apply to "personal and advertising InJ.ury'" adsing out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also arr insured, but only with respect to IiaUility arising out or -the opera lion of the equipment, and only if no other insurance of any kind is available to that persor. or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to -a co"employee" of the person driving the equipment; or b. "Property damage" to property owned by-, rentedto, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft Y?ith respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons fora charge, any person is an insured whiles operating such watercraft wilt-i your permissinn_ Any other person or organization respohsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance uC tiny kind is available to that person or organization for this liability: However, no person or organisation is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraY?: or b. "Property damage" to property awned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this * provi Sion. O Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizafion(s} are an additional insured when you have agreed, in a written contract, written agreement ar because of a permit issued 6y a state or political subdivision, Ghat. such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organizakion is an insured under [his prevision if such person or organization is included as an insured by an -endorsement issued 6y us and made a part of this Covsrrage Part. Vendors Any person(s) or organizati.nn(s) (reformed to bestow as vendor), but only with respect to "bodily ihjilry" or "property damage" arising out of "your products" which are distributed or sold in the regular course of tide vendor's IJU?i11C5J oral only if this Coverage Part provides coverage for "bodily injury" or "property damage" include-d within Fhe "products- completed operations hazard". (i) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in ? a contract or agreement. This exclusion does not apply to liability for damages that the ve-odor would have in the absence of the cr?.ntract nr agraamPnt; -Pagr; 10 of 18 _ HG 00 01 06 OS (b) Any express vrarranty unauthorized by you; (e) Any physical or chemical cFrange in the product made intentionally by the vendor; (d) Repackaging, excep€ when unpacked solely for the purpose of inspection, demonstration, testing, or rthe substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (e) Any failure [o make such inspections, adjustments ,tests or servicing as the vendor has agreed to make or nomally undertakes to make in the usual course of bu?incs?, in connection with the distribution or sale of the products; (? Demonstration. installation, servicing or repair operations, except such operations performed at the vendor's premises in connection v'.?ith the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, par[ or ingredient of any other Thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out-of the sole nepliPence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf_ However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragrap hs (d) or (t7; or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or orga nizatio n, Trom whom you nave acquired such products, or any ingredient, part or container, e:niering into, accompanying or containing such. products. O Lessors of Equipment (?) Any person or organization from whom you lease equipment: but only with respect to their liability fog "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of egiui pi??enf leased to you by such person. or organ ization. (2) With respect to the insurance afforded to these additional insureds this insurance does not. apply to any "occurrence" which takes place after the equipment lease expires. Lessors of Land or Premises Arty perswr or organization from whom you tease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: t_ Any "occurrence" vrhict-r takes place after you cease to lease that land= or 2. Structural aiterations, new construction or demolition operations performed by or on behalf of such person or argent zation. dO. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, .but only with respect to liability far "b odily injury", "property damag c" ur "personal a=_nd advertising lnfury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (?) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "pe rsonal and advertising injury" arising out of [he rendering of or the failure to render any professional services by or for you, including: 1_ The preparing, approving, or failing to prepare nr approva_, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. (? Permits issued By State Or Political Subdivisions Any state or political subdivision, but only with respell to operations performed by you orbn your behalf for which the state or political subdivision has i??ucd a pcrmiL With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state o r municipality; or {2) "Bodily injury" or "properfy damage" included within the "products-completed operations hazard"_ HG DO 01 06 O5 Paga 99 of 18 OAny Other Party /tny oihcr person or organization who is not zn insured under Paragraphs a, through e. above, but only wish respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in trvhole or in part, by your acts or omissions or the a-c[s or omissions of those acting on your behalf:: (-1) In the perfonranca of your ongoing operatlor.s; (2) In connection with your premises owned by or rented to you; a r (3) In eonnao[iurr with ''your work" ?tid included within the "products-completed operations hazard", but onl y iF (a) The- written. contract or agrecm cnt rco uircg you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard": t/Viih respect to 'the insurance afforded to these additional insureds, this insurance does not apply to: "Dndily injury", "pro pei ty cJdrndge° ar "personal 2nd advertising injury" arising out of the rendering of, or the failure to- render, any professional architectural, engineering orsurveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, rzports, Surveys-, field orders, change orders or drawings and sp.ecifica[ion s; or (2) Supervisory, 'inspection, architectural or engineering activities. The limits of insurance- that apply to additional insureds underthis provision is described in Section III -Limits Of Insurance. How this losuran ce .applies when other insurance is available to the- additional insured is described in the Other Insurance Condi#ion in Section IV -Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in tl-ie Det:fareliura. SECTION 111 -LIMITS OF 7NSURAN?E 7_ The Most We vyill Pay Tl?e Limits of Ins urance3 shown in the Declarations and the rules below fix the most we will pay regardless of [he number of: a. Insureds; b. Claimsmade or "suits" brought; or c_ Persons or organizations making claims or bringing "suits"_ 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the mum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property dandg C' included in the "products-completed operations hazard"; and c. Damages under Covarac?je B_ 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the PeTSOnaI and Advertising Injury Limit is the most we will pay under Coverage B far the Burn of all damages because. of all "personal and advertising injury'" sustained by any one person or organization. 5_ EacF Occurrence Limit Subject to 2. or 3. above, whici=lever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage Lti.; and b. Medical expenses under Coverage C bcca use of all "bodily injury" and "property damage" arising out of any one "occurrence"_ 6_ Damage To Premises Rented To You Limit Subject to 5. above, the Darnec3r Tc5 Premises P.en[ed To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to yo-u, or in the case of damage by fire, lightning or explosion, white rented to you or temporarily occupied by you with permission of the owner. In the case of damage by. fire, lightning or explosion, the Damage to Premises Rente-d To You Limil applies to all damage proximately taus ed by the same event, whether such damage results from fira? Il?htning (2r explosion or any combination of these. 7. Medical Expense Limit Subject to 5_ above, tF?e Merfir2l Expense Limit is the most we will pay under Coverage C for aII medical expenses because of "bodily injury" sustained by any one person. S_ How Limits Apply To Addition-a[ Insureds if you have agreed in a tvritt?n contract or written agreement that another person or organization be Page '12 of 18 HG o0 01 ot3 05