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HomeMy WebLinkAboutVan Dorpe Chou Associates 2AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer ift. 47 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 738 if you have arty questions. CL�` The agreement with 2)OM E CkDI - ASOC[Q S (1) (OTt , No.A-, iDQ5—, '4 7 was completed on and final payment has been made. Department: Signature: Date: City of Santa Ana Revised 8-7-03 Clerk of the Council A-2005-247 CONSULTANT AGREEMENT tr Z6Avl THIS AGREEMENT, made and entered into this 17a' day of October, 2005 by and between Van Dorpe Chou Associates, a California Corporation (hereinafter "Van Dorpe"), VCA Code Group, a California Corporation (hereinafter "Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS w o I ,W A. The City desires to retain a consultant having special skill and knowledge in the field of z r, J y� construction inspections including building, electrical, mechanical and plumbing o a ` inspection. C) Z w r z ra - B. City awarded to Van Dorpe the right and responsibility to provide the inspection >- z ¢ O Y L;J services described in this Agreement. Van Dorpe wishes to assign to Consultant, and ¢ Consultant wishes to assume, all rights, liabilities and obligations arising from this CDc- J Agreement. zCD C. Consultant represents that Consultant is able and willing to provide such services to the City. D. 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide a qualified combination building inspector, who shall be an employee of Consultant and shall perform construction inspections and related duties, as set forth in Exhibit A, attached hereto. All work shall be in conformance with City policies and procedures. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $48.00 to $58.00, depending on the qualifications of the person selected by Consultant to provide said services. The total sum to be expended under this Agreement shall not exceed $50,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 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 Planning and Building Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) 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 affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Planning & Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 and Santa Ana, California 92702 telefacsimile (714) 973-1461 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: VCA Code Group 2200 West Orangewood Avenue, Ste. 155 Orange, CA 92868 telefacsimile (714) 363-4747 Attn: Dan VanDorpe 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. 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. HEA] Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laur Sheedy Assistant City Attorney CITY OF SANT NA DAViREAM City Manager CONSULTANT VCA CODE GROUP DAN VAN DORPE, Presiden Tax ID# VAN DORPE CHOU ASSOCIATES -e�6L� �. DAN VAN DORPE President _ VCA CODE GROUP VCACOMPLETE BUILDING CODE SERVICES •"• ' SINCE 1979 Steve Gutmann, Supervisor of Inspections Planning & Building Agency CITY OF SANTA ANA P. O. Box 1988 Santa Ana, California 92702 Subject: Proposal Building Inspector Services Dear Mr. Gutmann: PLAN REVIEW INSPECTION SERVICES TEMPORARY STAFFING September 29, 2005 J �P1 OCT ® 3 This proposal is in response to the City of Santa Ana's need for temporary building inspector services. The VCA Code Group proposes to provide a qualified combination building inspector for an hourly rate of $48.00 to $58.00 per hour worked, depending upon the qualifications of the person furnished. If the City does not furnish a vehicle for inspection purposes our fee for mileage is in accordance with the current IRS rate for allowable reimbursement plus ten percent, or $0.54 cents per mile for each mile traveled in performance of the work. This proposal is good for a period of twelve months from the above date. Please let me know if you require any additional information or if we can be of any further assistance. Yours very truly, VCA Code Groou�p� ,Qau. Ul.�., Je— Dan Van Dorpe, PE, CBO / President P.\®,Rcposel s\83ta Ana\Hi I d rig I rspector Froposd .vo 2200 West Orangewood Avenue, Suite 155 • Orange, California 92868 �- Tel: 714.363.4700 • Fax: 714.363.4747 • www.vcacodegroup.com EXH!Srr lax"I3M. 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 01/09/2006 13:27 7143GD4747 VCA CODE GROUP BCOW1. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUE Complete Insurance, Inc. ONLY AND CONFERS NO Rig HOLDER. THIS CERTIFICATE California DOT #0437762 ALTER THE COVERAGE AFF DO MacArthur Blvd, PH FIE o „ ` 1 PAGE 02 DATE(MMIDUIVYYY) 11/zl/zoos AS A MATTER OF INFORMATION ITS UPON THE CERTIFICATE )OES NOT AMEND. EXTEND OR irvinQ, CA 92612-1447, INSURERS AFFORDING COVERAGE INSURED Van orpe C ou Associates, Inc.; RIBURERA Fidelty & Guaranty Ins. LG, The Code Group, Inc.- INSURERS. St- Paul Fire & Marine Ins. Co. VCA Code Group w$URERC, (C/o St. Paul Travelers, MN) Z200 W. Orangewood Aver, Ste. 150 INSURER D Orange, CA 9266E R+$URERE. NAIC N v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ^— IN$R DO' TYPE OF INSURANCE POLICY NUMBER UATFIMMOPODCY —EFFECTIVE EXPIRATION ATE PDIMMIDDECID LIMITS GENERAL LIABILITY 9KO19OR070 07/01/2005 07/01/2006 EACH OCCURRENCE S 1.000 000 DAMAGE TO RENTED S 300 , ODC J( COMMERCIAL GENC-Rql LIAB0. MED EXP (Any Dnn pendn) S 1O, DO CLAIMB MADE O OCCUR PERSONAL&ADVTWURY S 1 OUO,OOO A - _ GENERAL AGGREGATE S 2,000100 GEN'L AGGREGATE LIMMAPPLIES PER PRODUCTS - COMPIOP AGO S 2,000,00 POLICY X jEO LOC - AUTOMOBILE X LIABILITY ANY AUTO BA01808062 07/01/2005 07/01/2006 COMBINED SINGLE LIMIT IEA.,wdm) S 1,000,000 BODILY INJURY (Pepenon) F A ALL OWNED AUTO$ SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per n¢Idenl) S X PROPERTY DAMAGE (Per PCeldenl) F GARAGE LIANJUTY AUTO ONL Y - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY, AGO S ANY AUTO S EXCE!SAIMBRELLALIABILITY BKOIS08070 07/01/2005 07/01/2006 EACH OCCURRENCE S 1,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 1.000.000 t A F DEDUCTIBLE 8 RETENTION R WORKERS COMPBNSAnON AND OW02113891 07/01/2005 07/01/2006 X w STATu aTH B EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNEIVEXECUTME OFFICFRIMEMBER EXCLUDED) E.L. EACH ACCIDENT S 1, 000 000 EL. DISEASE - EA EMPLOYEE S 1,000,00 1 W F detu be untie( SPECIAL PROVISIONS Ded E.LDISEASE-POLICYLIMIT S 1,000 0-0-0- OTHER 30 day notice applies to non-payment and/or .----- _ _ non -reporting DESCRIPP771ON OP OPERATIONS ( LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMERT9 SPECIAL PROVSIONS ertiticate Holder is Additional Insured as respects General Liability and auto liability but only if required by written contract with the Named Insured prior to an occurrence .and as per coverage form CL/BF26090903 and form CL/CA99090895. Coverage subject to all policy terms and conditions. roj Ref: Building Inspection Services City of Santa Ana, it's officers, employees, agents, volunteers and representatives 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED ROL I LIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE 135VING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NOOBLIOATION OR LIABILITY a ACORD 25 (2001108) (DACORD CORPORATION 1988 el/09/2006 13:27 7143634747 VCA CODE GROUP PAGE 03 ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Vandorpe Chou & Associates, Inc.; The Code Group, Inc.; VCA Code Group Fidelity & Guaranty Ins. Co. POLICY NUMBER: BK01808070 'OLICY PERIOD: 07/01/oS to 07/01/06 ADDITIONAL INSURED: City of Santa Ana, It's officers, employees, agents, volunteers and representatives This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section II WfiO IS AN INSURED. Any person or organization that you agree to add as an insured under this Liabiliry Coverage Part In a written contract or Agreement rhat is made before, and in effect when. the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organisation's liability ansmg nut of "your work" for chat person or organization. However, such person or orgnnizihon is not an insured with tespcct to any: (1) "Bodily injury" "property damage", "personal injury" or "advertising injury" that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you alc liable; (2) "Bodily injury', "property damage". "personal injury" of "advertising injury' for -Inch such person or oiganm2con his isstuned liability in a contact or agreement, except for Lability for damages that such pctann or organization world have in d,c absence of the contract or agreement; (3) "Property dimagc" in: (A) Property owned, used or occupied by, or loaned or rented to such person or orgimzauom (h) Property over which such person or organization is foe any purpose ercutsnhg physical control; or (e) "4'our work" Performed for the insured; or (4) "Bodily injury', "property damage". "personal injury" or "advertising injury" arising out of any architecr's, engurcct's or surveyor's rendering of, or failure to under, any "professional service', when such person or arganizationis an architect, enguicer or 3tL1VCyor. Aggregate Limit of Insurance (Per Project): Tl,c General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Notice of Cancellation: We may caned rhii policy by matting (fro class mail only) or delivering written notice of cancellation at (cast a. 10 days before the effective date of cancellation if we cancel for nun -payment of prcmmm; or b. 30 days before the effective date of cancellation if we can/c/eell. for any other mason. Other Insurance: The following replaces Sr:CI'ION Rr.Condiaons, 5. "Other Insurance", a. Pnman Insurance. (2). (2) However, this insunncc will be considered primary m, and non-contributory with. "other insurance" usuccl directly to a person or organization added as an additional insured under Section II. WI -TO IS AN INSURED 2., if you specifically agree, in that written contract or agreement, that this insurance must be pnn,.ry ro, and non-concnbutory with, sucb "other insurance". This insunncc will then be applied is primary instuanccc Car damages for "bodily injury" "property damage", "personal injury" or "advertising injury" to which this insurance applies and that am incurred by such person or organization, and we will not share those damages with such "other insurance Separation of Insureds; 'Rxcept with respect to the Limits of Liability, and any rights or duties specifically assigned in rlhi.e Coverage Pan to the First Named Insured. this insurance applies: a. As if cacti Named Insured were the only Named insured; and. b Separately to each insured against whom claim is made or "suit" is brought. "Transfer of Rights of Recovery and Proceeds AEainst Others to Us (Waiver of SubtoEation): The following is added to Section IV. (,ondruons, 8.. However, we waive any right of recovery and proceeds we may have against any person or organization tint is Added as an Additional Insured under WHO IS AN INSURED, 2. i. Because of payments we make for "bodily injury", "property damage", "personal injury" or ".civerasing injury" awing out of "your work" in ongoing operarions nr included in the "products - completed opccarions hazard and b. Perfom,.ed under a written contract or agreement that Is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense iliac csuscs the "personal iruunr" or "ndvcrusing injury' is comrnrued; and c. You specifically agree in such wnnen comract or agrccmemto waive rhose tights of recovery and proceeds for such per.on nr Organiza.b.On Countersigned by Authorized Representative CIA41- 26 09 00 03 Indudet copyrighted material of lnRu[anen Servitor Ofgee with irs pnnred in U.S A, rhbhn:v,.rcd pCr)wsinn. Cnpynght, Iniunmce Semites office. rnc. 2001 01/09/2006 13: 27 7143634747 VCA CODE GROUP PAGE e4 asured: Vandorpe Chou & Associates, Inc.; The Code Group; VCA Code Group Polity Number: BA01808062 Effective Date: 07101105 to 07101/06 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name of Person or Organization; City of Santa Ana, it's officers, employees, agents, volunteers and representatives A, WHO IS AN INSURED is amended to Include as an "Insured' the person or organization shown in the Schedule as an Additional Insured. The coverage afforded to the Additional Insured Is solely limited to liability specifically resulting from the conduct of the Named Insured which may be Imputed to the Additional Insured. However, the noming of the person or organization shown in the Schedule as an Additional Insured does not increase or alter the Limit of Insurance nor the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: have in the absence of the contract or agreement 2. "Bodily injury' or 'property damage' arising out of the use of your 'products' or work you performed for the Additional Insured. 3, "Property damage" to. a. Property owned, used or occupied by or rented to the Additional Insured, b. Property In the care, custody or control of the Additional Insured for any purpose of exercising physical control. C. Any coverage provided by (his policy shall be excess 1. 'Bodily injury" or "property damage' for which the Additional only, over any other valid and collectible insurance which would Insured Is obligated to pay damages by reason of the assumption apply In the absence of INS policy. However, this policy shall not of liability in a contract or agreement. But this exclusion does not be excess over any policy written as specific excess. apply to liability for damages that the Additional Insured would V- 31y_ Includes copyrighted material or Insurance Services Office, Inc.. with iti; permisslon. Ccpyfyht, Insurance Services Office, Inc., 1993 CUCA 99 09 OB 95 01/09/2006 13:27 7143634747 VCA CODE GROUP •RODUCE 610ERTIFICATE )OFBLIABILITY ISINSURANFtCATE CE D ASAMAl ONLY AND CONFERS NO RIGHTS UPON Complete Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOl ralifbrnia DOI #0417762 ALTER THE COVERAGE AFFORDED BY 100-MacArthur Blvd., PH Flr Irvine, CA 92612-1447 INSURERS AFFORDING COVERAGE r The Code Group, Inc.; VCA Code Group 2200 W. Orangewood Ave., Ste. ISO Orange, CA 92669 INSURERA ACE American Insurance INSURERS'. (c/O New Markets) INSURER C' INSURER D INSURER E'. PAGE 05 DATE IMMIDWYYYY) 11/21/2005 OF INFORMATION CERTIFICATE '.ND. EXTEND OR POLICIES BELOW. NAICV C ES 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 INSURANCE SHOWN M AFFORDED BY T14E POLICIES DESCR16ED HEREIN IS HAVE BEEN REDUCED BY PAID CLAIMS, SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH MAY PETHE RTAIN, POLICIES AGGREGATE LIMITS IN9R DO' TYPE OF INSURANCE POLICY NUMBERDATE POLICY EFFECTIVE IMM1110M) POLICY EXPIRATION DATE IMMMMn) LIMITS LIABILITY GENERAI LIABILITY CLAIMGMADE El OCCUR RENCE SGENERAL ---"ENTED SCOMMERGAL on mmonn) SADV Mmmon)s INJURY 9RF.GATE iGENI. AOG F AGGREGATE LIMIT APPLIES PEROMPIOP POLICY PRO- ECT LOC AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS WON -OWNED AUTOS COMBINED SINGLE LIMIT (Es mcidenl) S BODILY INJURY IPDr pn,:Pn) S BODILY INJURY fPewccldenl) 4 PROPERTY DAMAGE (Per a¢Id9n') S GARAGE LIABILITY ANY AUTO AUTO ONLYEAACCIDENT 9 OTHER THAN EA ACC AUTO ONLY, AGG T S EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENVEMPL AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNEWEXECUTIVE OFflCERIMEMBER EXCLUDED? II vee describe Vndcr SPECIAL PROVISIONS WOW WC STATU EL EACHACCOE EL DISEASE - EA E L DISEASE POLICY LIMB S A "'YeSsional Liability G2167S283001 07/01/2005 07/01/2006 $2.000,000 Per Claim S2,000,000 Aggregate DESCpIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 0 day notice applies to non-payment roj Ref: Building Inspection Services A� .. City of Santa Ana, it's officers, agents, volunteers and representB 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 mpl oyees, 30 DAYS WRITTEN NOTICE TO THE CPPTIFICATE HOLDER NAMED TO THE LEFT, Vey BUT FAILURE TD MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RPPRFSENTATIVE /%. _C�1�1/ I AGDRD 25 (2001109) OACORD CORPORATION 1988 AC401 E EAT I TE 0 �t ri '11'iE i�iC Date (mMtltll ) 9/19/2006 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Complete Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 19000 MacArthur Blvd. PH Floor COVERAGE AFFORDED By THE POLICIES BELOW. Irvine CA 92612 INSURERS AFFORDING COVERAGE (949) 263-0606 www.Completelnsurance.com INSURER Fidelity & Guaranty Ins. Co. c/o S.Paul Travelers, MN INSURER St. Paul Protective Ins. Co. c/o St. Paul Travelers, MN Insured VanDorpe Chou Associates, Inc.; A 7b INSURER The Code Group, Inc.; 4_ �(�(�_ � 7 INSURER VCA Code Group 2200 W. Orangewood Ave., Ste. 150 Orange CA 92668 INSURER E ERAG15 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. ILTR NSR 7ypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIAR BK02191020 7/1/2006 7/1/2007 EACH OCCURRENCE g FIRE DAMAGE (An one fire) $ CLAIMS MADE OOCCUR MED EXP (An one erson) $ 10,000 PERSONAL & ADV INJURY $ 1 000 000 GEN'L AGG LIMIT APPLIES PER GENERAL AGGREGATE $ 2 000 000 PRODUCTS COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC $ AUTOMOBILE LIABILITY A ANY AUTO BA02191024 7/1/2006 7/1/2007 COMBINED SINGLE LIMIT $ 1 000 nnn ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 8 HIRED AUTOS BODILY INJURY .ON OSAUTOS (Per ac<itlent) E PROPERTY DAMAGE (Per a<citlent) 8 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ EXCESS LIABILITY AUTO ONLY: ADD $ A OCCUR [] CLAIMS MADE BK02191020 7/1/2006 7/1/2007 EACH OCCURRENCE $ 1 000 000 AGGREGATE $ 1000000 $ DEDUCTIBLE E$ RETENTION $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY STATUTORY LIMIT THEN =, EL EACH ACCIDENT $ 1000000 B BW02191029 7/1/2006 7/1/2007 EL DISEASE EA EMPLOYEE $ 1 000 000 EL DISEASE - POLICY LIMIT $ RIPTI N OF RATI N L ATI NS HI L EXCLU I NS A ED BV END R EME SPE IAL PROVISIONS Certificate holder is Additional Insured as respects General Liability and Auto Liability but Onlyy if reqquired by written aggreement with the Named Insured prior to an occurrence and as per coverage form CL/BF26090903 and Endt. form CL/CA99090895. Waiver of Subrogation Endt. WC040306 included as respects Work Comp only for anyone whom the Named Insured has agreed to furnish by written agreement. Coverage subject to all policy terms and conditions. SE'I�"P`If~IGATE MQI,DER-- G"At$iC�LI.A"i4pN RE Building Inspection Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Santa Ana, It's Officers, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ?W=iVX MAIL employees, agents, volunteers, 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ana representatives LEFT, gPd~�LXX&M4P4m>0{X ,14MXaV)4gx tfNc�t14K7 20 Civic Center Plaza 0XD�Waysfo rKXNo�n-PaymeRPnt of Premium Santa Ana CA 92701 AUTHORIZED _ REPRESENTATIVE Alicia K. Igram,J/' (�+{�iYRCf 25-S �`i97j .QACiOhA OORPORATfOfJ,198;�. ':: IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) created at www.e CertsONLINE.com 9/19/2006 ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: VanDorpe Chou Associates, Inc.; Fidelity & Guaranty Ins. Co. The Code Group, Inc.; (c/o St. Paul Travelers, MN) VCA Code Group POLICY NUMBER: BK02191020 POLICY PERIOD: 7/1/2006 To 7/1/2007 ADDITIONAL INSURED: City of Santa Ana, it's officers, employees, agents, volunteers, 20 Civic Center Plaza and representatives Santa Ana CA 92701 This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section 11. WHO IS AN INSURED: Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property, damage" occurs or the offense that causes the "personal injury" or "advertising injury" is first committed, but only with respect to that person's or organization's liabihry arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) `Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of (a) Your negligence; or 0)) The negligence of another person or organization for whom you are liable; (2) `Bodily injury" "property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage" to: (a) Property owned, used or occupied by, or loaned or rented to such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Your work" performed for the insured; or (4) `Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is an architect, engineer or surveyor. Aggregate Limit of Insurance (Per Project): The General ,Aggregate Limit applies separately to each of your projects away from premises owned by or rented to vou. Notice of Cancellation: We may cancel this policy by mailing (fast class mail only) or delivering written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reasons Other Insurance: The following replaces SECTION IV.Condmons, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under Section II. WHO IS AN INSURED 2.; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such `other insurance". This insurance will then be applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". Separation of Insureds: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in this Coverage Part to the First Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Transfer of Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Conditions, 8.: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an Additional Insured under WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of "your work" in ongoing operations or included in the "products - completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. Countersigned by Authorized Representative CUBE 26 09 09 03 Includes copyrighted material of Insurance Services Office with its - _ Printed in U.S.A. Abbreviated permission. Copyright, Insurance Services Office, Inc. 2001��' Policy Number: BA02191024 Insured: VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group COMMERCIAL AUTO 9/19/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name of Person or Organization: City of Santa Ana, it's officers, employees, agents, volunteers, and representatives 20 Civic Center Plaza Santa Ana CA 92701 A. WHO IS AN INSURED is amended to include as an "insured' the person or organization shown in the Schedule as an Additional Insured. The coverage afforded to the Additional Insured is solely limited to liability specifically resulting from the conduct of the Named Insured which may be imputed to the Additional Insured. However, the naming of the person or organization shown in the Schedule as an Additional Insured does not increase or alter the Limit of Insurance nor the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: have in the absence of the contract or agreement. 2. "Bodily injury" or 'property damage" arising out of the use of your "products" or work you performed for the Additional Insured. 3. "Property damage' to: a. Property owned, used or occupied by or rented to the Additional Insured. b. Property in the care, custody or control of the Additional Insured for any purpose of exercising physical control. 1. 'Bodily injury" or 'properly damage' for which the Additional C. Any coverage provided by this policy shall be excess Insured is obligated to pay damages by reason of the assumption only, over any other valid and collectible insurance which would of liability in a contract or agreement. But this exclusion does not apply in the absence of this policy. However, this policy shall not be excess over any policy written as specific excess. apply to liability for damages that the Additional Insured would Includes copyrighted material of Insurance Services Office, Inc., with its permission. CUCA 99 09 08 95 Copyright, Insurance Services Office, Inc., 1993 9/19/2006 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. This endorsement forms a part of: Policy No. BW02191029 Endorsement Notice of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706 Issued to: VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group Policy Expiration Date: Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Anyone for whom the Named Insured has agreed to furnish this waiver. Minimum Premium: $100.00 The premium for this coverage will be determined and billed at Audit. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. ACORN" 0076 ICATE ©O.; 1A; Ik ITY oaLe lmmfaaryrl' tN 4 .: 9/19/2006 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, Complete Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 19000 MacArthur Blvd. PH Floor COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92612 INSURERS AFFORDING COVERAGE (949) 263-0606 INSURER ACE American Insurance Company www.Completeinsurance.com INSURER Insured INSURER VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group INSURER 2200 W. Orangewood Ave., Ste. 150 Orange CA 92668 INSURER E �QU�i; ACES "NAMED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 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. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATIONA LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIAR CLAIMS MADE FIRE DAMAGE (An one fire) $ MET EXP (An one arson) $ OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGO LIMIT APPLIES PER __[PROJECT PRODUCTS CONING AGG $ POLICY LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS $ BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NONOWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident)$ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: qGG 8 EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE $RETENTION $ $WORKERS' COMPENSATION & LIABILITY RAGGREGATE$DEDUCTIBLE Y LIMIT THER' "EEMPLOYERS' ENT $A EMPLOYEE $OLICY LIMIT $Professional 0 er Claim iab. E 21675283002 7 1 2006 7/1 2007 4,000,000 Aggregate DESCRIPTION F rtKAIIUINLUUAIJONS/VEHICLES/EX—C—L-USIONSADDED BY ENDOR MENT S E IAL P VISION 30 Day Notice Endt. PF12798 included - 10 day notice applies to non-payment / ? G �'TtFICA'TU HOLDER CANCELLATION . xGJs s i1r. Ic k1tL>rI. y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE " RE: BUllding Inspection Services City of Santa Ana, It's officers, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL employees, agents, volunteers, 30 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE and representatives LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza SENTATIVES. ' 10 Days for Non -Payment of Premium Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Alicia K. ]gram - ,IRC4Rb25-S S7J37Y Q ACORDCQRPQRATlQM1F 196t3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) created at www.eCertsONLINE.com 9/19/2006 THIS NOTICE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured VanDorpe Chou Associates, Inc.; The Code Group, Inc.; Endorsement Notice VCA Code Group Policy Number Policy Period EON G21675283002 7/1/2006 to 7/1/2007 Issued By (Name of Insurance Company) ACE American Insurance Company Notice of Cancellation NOTICE ENDORSEMENT — CANCELLATION or NON -RENEWAL We agree with you that this Policy will not be: X cancelled non -renewed until 30 days prior written notice is given to: City of Santa Ana, it's officers, employees, agents, volunteers, and representatives 20 Civic Center Plaza Santa Ana CA 92701 All other terms and conditions of this Policy remain unchanged. Authorized Representative Cancellation Notice for PF-12798 Page 1 of 1