HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER 4
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City of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.1ll18 f1A Y I 2
Return form to the Clerk of the Council Office (M-30). CIT'~ AI1 9: ito
Call 647-5237 if you have any questions. CLrCl
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The agreement with
Overland, Pacific & Cutler, Inc. (Previously Overland Resources)
No.
A-2003-040
was completed on 3/31/04 & was amended on 3/31/04
and final payment has been made;
COlltinl:J6l:JS .
Department:
Design Engineering - ROW
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On?P7?JL.Jr flu- t"L-' .{/tv.-
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Phone/Ext. :
5067 - Kent Jorgensen/Cindy
Gomez
Signature:
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Date: 4/29/08
Revised 07-23-07
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NOTICE OF ASSUMPTION
Re: Consultant Agreement A-2003-040 "Real estate consulting services including appraisal
and right of way acquisition services."
NOTICE IS HEREBY GIVEN by Overland, Pacific & Cutler, Inc. to the CITY OF SANTA
ANA (hereinafter referred to as the "City" as follows:
1. A Request for Proposal For Real Estate Services was put out for solicitation by the
City on January 9, 2003; and
2. Cutler & Associates, Ine. submitted its Proposal to the City on January 24, 2003; and
3. The City awarded a public works General Right of Way Service Contract to Cutler &
Associates, Inc. and all documents were signed by John Cutler as the Principal in
Charge of the company; and
4. Said company was purchased by Overland, Pacific & Cutler, Inc., a corporation under
the laws and regulations of the State of California, with Marek Karon acting as the
corporation's Chief Financial Officer and Barry McDaniel acting as the corporation's
Chief Executive Officer. Service of Process will be to: Overland, Pacific & Cutler,
Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802 (see attached Statement
dated June 3, 2002); and
5. Overland, Pacific & Cutler, Inc. hereby agree to honor the terms ofthe "Consultant
Agreement A-2003-040 dated March 3, 2003, described in Exhibit "A" attached hereto
and by this reference made a part hereof; and
6. Overland, Pacific & Cutler, Inc. hereby accepts lInd assumes the rights, liabilities and
obligations of Cutler & Associates, Inc. under said Proposal and Contract, from and
after the effective date of incorporation; and
7. All required insurance documents and bonds shall be issued in the name Overland,
Pacific & Cutler, Inc., and all payments by the City shall be made in the name of the
corporation.
DATED: !/¡¥V ~
TAXID# 15' -355f7c(ð
The City of Santa Ana hereby acknowledges and accepts the terms outlined in this "Notice
of Assumption" agreement.
ApPROVED TO FORM:
Joseph W. Fletcher
City Attorney
8/2ck>
DATE
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Lisa Storck
Assistant City Attorney
. . INSURANCE ON FILE
, '. WORK MAY PROCEED
, . UNTIL 'i.URANCE EXPIRES
It> 15/03
C' rt¿J,4 CLER,K OFf,°ÃNCIL CONSULTANT AGREEMENT
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A}'l/ A1 THIS AGREEMENT, A-2003-040, made and entered into this . day of
t.JV')J, 2003 by and between Cutler & Associates, Inc., a California corporation
(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (hereinafter
'"City").
A-2003-040
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, and
acquisition of rights of way.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the perfonnance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services perfonned by Consultant under this
Agreement will be perfonned in compliance with such standards as may reasonably be
expected ITom a professional consulting finn in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
tenns and conditions hereinafter set forth, the parties agree as follows:
1.
SCOPE OF SERVICES
Consultant shall provide right of way services as needed. Said services shall include
project management, appraisal, acquisition and other general right of way services, as set forth in
Exhibit A to this Agreement.
2.
COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $150,000.00 during the tenn of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work perfonned, 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 tenninate on March
31, 2004, unless tenninated 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 tenn 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 perfonns 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 perfonnance 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 fonn attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in fonn by the City Attorney.
b. Business automobile liability insurance, or equivalent fonn, 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.
2
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.
Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in fonn by the City Attorney.
Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
(ii)
(iii)
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of tennination. 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 I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the tenns 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 tenns
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.
7.
CONFIDENTIALITY
3
"
If Consultant receives from the City infonnation 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 perfonnance 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 Infonnation" shall
include all nonpublic infonnation. Confidential infonnation includes not only written
infonnation, but also infonnation transferred orally, visually, electronically, or by other means.
Confidential infonnation 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 infonnation that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation oflaw; or (e) is independently developed by the Consultant without
reference to infonnation 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 Public Works
City of Santa Ana
20 Civic Center Plaza (M-36)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5635
4
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:
Cutler & Associates, Inc.
100 West Broadway, Suite 500
Long Beach, California 90802
Telefacsimile (562) 431-1985
Attn:
John Cutler
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10.
EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the tenns 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 tenns 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
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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 perfonned 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
tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services perfonned by Consultant prior to receipt of such notice of tennination,
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 perfonnance
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 affinns that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14.
JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, perfonnance, and
enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be detennined 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 tenn of this Agreement, maintain all necessary licenses,
pennits, 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 pennits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
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16.
COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Contractor shall carry out all services pursuant to this Agreement in substantial
confonnity 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 pennits 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 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act,
Civil Code § 51 et seq.
17.
MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the tenns of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
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.{)A VID N. REAM
City Manager
PATRICIA E. HEALY'
Clerk of the Council
APPROVED AS TO FORM:
CONSULTANT
JOSEPH W. FLETCHER
City Attorney
By:tt~~\~
Lau a Sheedy
Assistant City Attorney
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10 CUTLER
Pr cipal in Charge
Tax ID# 33-0323041
7
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CUTLER & ASSOCIATES. INC.
.
COMPENSATION
HOURLY RATE SCHEDULE
ATTACHMENT "A"
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CUTLER & ASSOCIATES. INe.
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HOURLY RATE SCHEDULES
The following is our schedule of hourly rates for providing the required services:
CUTLER & ASSOCIATES. INC.
Corporate Officer/Principal Consultant
Sr. Project Manager
Senior Consultant
Acquisition Consultant
Technician/Escrow Officer
Secretarial
HENNESSEY & HENNESSEY
Sharon A. Hennessey, MAl, SRlW A
Joseph A. Hennessey, SRlW A
Appraisal Assistant
Sharon A. Hennessey, MAl, SRlW A (For Deposition)
LIDGARD & ASSOCIATES
Scott Lidgard, MAr
Researcher
DESMOND MARCELLO & AMSTER
Principal
Valuation Manager
Senior Financial Analyst
Financial Analyst
F&E Principal
F&E Manager
F&E Appraiser
Standard Hourly Rates
$200 - $250
$150 - $200
$125 - $150
$100 - $125
$180
$150
$100
ASSOCIATED ENGINEERS
OFFICE TIME
Principal Registered Civil Engineer / CEO
Principal Registered Civil Engineer
Principal Licensed Land Surveyor
Principal Construction Administrator
Senior Construction Administrator
cunER & ASSOCIATES, liVe.
$110.00 per hour
$100.00 per hour
$ 90.00 per hour
$ 80.00 per hour
$ 55.00 per hour
$ 37.50 per hour
$150.00 per hour
$175.00 per hour
$ 55.00 per hour
$200.00 per hour
$110.00 per hour
$ 65.00 per hour
Deposition/Court
$250 - $350
$200 - $250
$175 - $200
N/A
$250
$200
N/A
HOURLY RATES
$150.00 per hour
$140.00 per hour
$140.00 per hour
$140.00 per hour
$120.00 per hour
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Civil Engineer
1. Project Manager
2. Senior
3. Associate
Assistant Engineer
Junior Engineer
Utility Coordinator-1
Utility Coordinator-2
Chief of Surveys
Licensed Land Surveyor
Land Survey Technician
Cadd Technician
Engineering Aide
Senior Administrator
Accounting Coordinator
Administrative Assistant
$115.00 per hour
$105.00 per hour
$95.00 per hour
$90.00 per hour
$75.00 per hour
$83.00 per hour
$88.00 per hour
$105.00 per hour
$103.00 per hour
$75.00 per hour
$69.00 per hour
$50.00 per hour
$95.00 per hour
$50.00 per hour
$40.00 per hour
FIELD TIME
4-Man Survey Party
3-Man Survey Party
2-Man Survey Party
1-Man Survey Party
Flagman
Senior Staff Inspector
Staff Inspector
Travel Time - 3-Man Survey Party
Travel Time - 2-Man Survey Party
$275.00 per hour
$230.00 per hour
$185.00 per hour
$140.00 per hour
$50.00 per hour
$90.00 per hour
$68.00 per hour
$105.00 per hour
$80.00 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%.
SCS ENGINEERS
SCS typically provides their services on a fixed fee basis. Their hourly rates for additional
services will be provided if requested.
CUTlÆR & A SSOClA TES, lNe.
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ATTACHMENT "A"
CONSULTANT RATE COMPARISON FORM
GENERAL RIGHT OF WAY SERVICES
Based on the infonnation given on page I ofthis attachment, the Consultant shall complete this
form and include it along with the comprehensive fee schedule in the sealed fee envelope.
Description of Consultant Services
Parcel I
Full Take of Gas Station
Fee Appraisal
Fixture Appraisal
Goodwill Appraisal
Acquisition/Management
Phase I (Typical)
Phase II (Typical)
$
Parcel 2
Part-take, + TCE $
Fee and TCE Appraisal
Acquisition/Management
Parcel 3
Part-take $
(Appraisal provides Cost-to-Cure)
Fee Appraisal
Goodwill Appraisal
Fixture Appraisal
Fee AcquisitionlManagement
Business/Fixture Acquisition
*Gas Station with Service Garage
Gas Station with Mini Mart
Gas Station with Car Wash
$4,500
$4,000
$4,500
CUTlÆR & ASSOCI,jTES. INC
$ 32.500.00
$ 5,500.00
$ 3,500.00*
$ 6,500.00
$ 4,500.00
$ 2,500.00
$10,000.00
$ 4.750.00
$ 2,500.00
$ 2,250.00
$22.950.00
$ 4,500.00
$10,000.00
$ 2,200.00
$ 4,250.00
$ 2,000.00
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ACORDm
PRODUCER AICHER INSURANCE AGENCY
1255 PROSPECT AVENUE
HERMOSA BEACH, CA 90254
(310)798-1650
(310)798-1654 FAX
OVERLAND PACIFIC &
100 W. Broadway
Long Beach, CA
CERTIFIGATE OF LIABILITY INSURANCE
DATE (MM/DDIYV)
02 27 04
THIS CERTIFICATE 15 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.
INSURERS AFFORDING COVERAGE
INSURED
CUTLER,
#500
90802
INC
INSURER A.
INSURER B:
ILLINOIS UNION INSURANCE COMPANY
INSUREA c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ÞNY 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.
l~fR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
GENERAL LIABILITY
LIMITS
GEN'LAGGREGATE LIMIT APPLIES PEA:
PAO-
T
AUTOMOBILE LIABILITY
ANY AUTO
LOC
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT $
(Ea accident)
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
(per accident)
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
A!..L OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
DEDUCTIBLE
RETENTION
$
¿
y
AUTOONLY-EAACCIDENT $
EA ACC $
AGG $
$
$
$
$
$
EACH OCCURRENCE
AGGREGATE
OTHER THAN
AUTO ONLY.
EXCESS LIABILITY
OCCUR D CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTH-
ER
$
EL. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
A
OTHER
ROFESSIONAL
RRORS & OMISSIO
BMI 20010437
11/15/03 11/01/04 $2,000,000
2 000,000
EACH CLAIM
AGGREGATE
DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
*30 DAYS EXCEPT
CERTIFICATE HOLDER
CITY OF SANTA ANA
PUBLIC WORKS DEPARTMENT
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
10 DAYS FOR NON-PAYMENT OF PREMIUMS
ADDITIONAl INSURED; INSURER LETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE 0 THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE 00 ION OR UABIlff'Y OF ANY KIND UPON THE NSURER, ITS AGENTS OR
ATIVES.
REPR ENfA VE
M-36
I
ACORD 25-5 [1/97)
ACORDN
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YY)
02 27 04
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.
INSURERS AFFORDING COVERAGE
PROOUCER AICHER INSURANCE AGENCY
1255 PROSPECT AVENUE
HERMOSA BEACH, CA 90254
(310)798-1650
(310)798-1654/FAX
OVERLAND PACIFIC & CUTLER,
100 W. Broadway #500
Long Beach, CA 90802
Â- '?'oo3-D3g A'Jo03--0"fD
INC
INSURER A: GREAT AMliRICAN E&S INSURANCB COMPANY
INSURER B.
INSURED
INSURER c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~.f: TYPE OF INSURANCE POLICY NUMBER POLICY EfFECTIVE POLICY EXPIRATION
A QENERALUABILITY PL 5574310 06/24/03 06/24/04
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 00 OCCUR
LIMITS
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMPIOP AGG $
1000000
100000
exclude
1000000
2000000
exclude
lOC
A AUTOMOBILE UABILlTY
ANY AUTO
PL 5574310
06/24/03 06/24/04
COMBINËD SINGLE UMIT
(Eaaccident)
$
1000000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
{Per person)
$
X HIRED AUTOS
X NON-OWNED AUTOS
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(per accident)
$
GARAGE LIABiliTY
ANY AUTO
OTHER THAN
AUTO ONLY'
AUTO ONLY - EA ACCIDENT $
EA ACC $
AGG $
$
$
$
$
$
DEDUCTIBLE
RETENTION
~¿~
EACH OCCURRENCE
AGGREGATE
EXCESS LIABILITY
OCCUR D CLAIMS MADE
$
$
E.l. DISEASE. EA EMPLOYEE $
E.l. DISEASE - POUCY LIMIT $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OP~RATIONS/LOCATIONSNEHICLES/EXClUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
THE CITY, ITS OFFICERS, AGENTSW, EMPLOYEES, CONSULTANTS, SPECIAL COUNSEL &
REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED CG8225
*30 DAYS EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUMS
CERTIFICATE HOLDER ADDITIONAL INSURED¡ INSURER LETTER: CANCELLATION
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAll
IMPOSE NO ~ON OR LlABILI F "ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENT TIVES.
AUTHORI REPRES ATI 1./
, ,,/ /
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IiJAC
CITY OF SANTA ANA
PUBLIC WORKS DEPARTMENT
20 CIVIC CENTER PLAZA M-36
SAH'l'A ANA, CA 92701
ACORD 25-S [1/97)
RPORAT'ON 1988
rl-'ll (;...
OVERLAND PACIFIC & CUTLER ING
Policy IIPL5574310 .
Effective: 06/24/2003 to 06/24/2004
JL&iMAT .....,CAIt .Jf."A~t~ cow"""..'
.. ...... F....-... IC
'IØ'!.~ If., .''''_To. ¡,w=.
CG 82 ZI
11!4 07 9111
'OtIS ENOQRlliMENT ÇHANQIS ~ I'OLCY. I'tJ!AI! II!AP IT CAfII!NL.. '1'.
CQ~iMlllQAJ. GStIIRAL UAllUTY JIU'NŒT
ADDITIONAl. IN8IJIIB) ~1"-1M'
COMMEfICIA¡. GENERAL LIAIIa.m COVSlAGl! PART
TIll' ..clar..ment modif,.. in....- prOllidod 101IIII.. 1118 foIIo.Mn8'
Å. WHO 18 AN INSIJAED \S8DdOn In 18-
II) include .. 111 ...ourlld M, p8I'IaI or 0(-
pIÌZIIIIDn løaI~II ..~ \na68d1 *'- yo..
.. /'IIqUIred to add .. 81 ~..... ",...-1Id on
tI1I8PO'ICY""""
1. a INriU8n COI11I"acJ or .- or;
2. In or.. conrract Of" ......1 ...hor. .
._foelt8 of ,"....-.nee IhOwlI1 m P\II';"
son Of" orpI>iZatiOn as 11'1 -- .,.,.
_eel liaS b88n i88u8Ct
þut IIIØ wriCl8n or or. _let - be: /
3. c..,.,.enay in .ff- or ÞtIC:OIrWI" .fftctív8
d....ong the cerm ot - policy; ..II .
4. Þ"'ul8Q pnor '" .,. "þ(NiI, in,....,:
'prapony dl/lUlD.' <It' "por-.a! IIId III-
v8f118111 1flJU/Y \NIIien f"lt _f..8 an
or otter .,. d818 of th8 inc8ptoOn of 1IloO
policy porio4 .. -..rr in - D8CI8r8-
eons ,.~ of 1118 poIIcf but pnor 10 1118
earll8l' or - ..... of ÞIÍI'atoon or 0""
C8I- 01l1li- POllc"
.. WIIh r.opect to th8 III8UI'II'IC8 "'01'- ."""
-'\1ICI1tI0MI WI..r. the fOllOW"''' 8dCIi1ioM/
prøvieo- .Py.
,. ht pw- or orpnol8tÍOll I. OIIIy In AtJ,-
CldiOMl ........d ...tIII I'8IpIICC 10 lilÞilicy
"'''''8 out of:
.. pramiH. or .qu.pmonr you own. ,.nt
I- or. occupy: or
II. your onOII1 apar- porf-
for tIIat AIdj1iØnaI /ntuf'eII Þy or for
.-
Tho ~8IICII pro",- to ...." AddItIonal 1"-
...-.d - ncn 8ppIy 10 '1I04IIy In¡1IIY' a'
"II'CIp8nV IIam88" oneUI8d withlI\ 1118 "pro-
""""-COI'/IP- apar8tiOll8 118Z...t"
2. The LImits of ~ 1IfIP1icaÞ1. 10 Wly
-. -..OMI _114 .. tho.. sp8c,-
fltld in - - - or """18II1
or In - Deellr- for .11' polioy.
1NhicI18- .. ... 8I1CI - .8CI '" 1118
carma anti c~ of 11108 .........
form ThIN LIMS of 1nIurMC8 are 1r1CIu-
si"" of ..., lOt o(t acIcIltton to me LlII'Ì1s of
1rI......,.,. aha- 11'11118 DecIrM.OfIS
a. ... per_I or Q(~' 811M as an
A_- _rlld UIIIItN' tI1i. ..aors-
IIfICI8 30 .y. ahar yo.#' opllr8llan, or
.- for 1/181 AckIdionII ......,.., ".
"ømplfIH 0' - Of' 1118 8IC¡In'IIOI'I of
tI'II. polICy. wNcII8v.... I. ..~..
C. The oIIN"8IC. prOllld8d 10 my I\ddlIIOnII In-
-.11 -. not IppIy to "þOCIly "'""y; ..,.,.op-
arcy ~. or "per""'" ... ."'''onø In-
jllr'y" "',ÑI QuI of .. arc:l1ot8Cr.. 1I18iRW'.
<It' -...,oro' .-¡nll of or failure to nInd8r
..y profeseionll "","88 o/ICIIICIIII:
I. th8 pnp8I'lI1. IIppr'OVII1. 01' tao"'" to pro-
pr. ØI' 1ppr01/8 INf'8, Cll'8WInP. G:IInI<IrW.
r~ .......,.. CIIII1II o'd''''. .,.. or
op8Cificatìon.. and
CG 82 25 lEd. 07/881 XS
Copyright, II1WII1Oe $~' Off-. l1li:.. ll1!18
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l8'\/iCK
wI18I/IIr 1118 D1I18r ~C. " primorr. u-
-.. CCIIIMOINII Of on lilt' 01/18r -it ....len
. ~ -- ~ 8p8Ci'IeIIlV
no.....,... ""1 118111'1AC8 be pI'II'II8rY
COV8l'lle provlCllld I18r8in - - .. .,.-
C811S oYfII' Illy O'IIW y"", 8I1CI c:oII8cIiÞI8 in-
--- avlÏllb!8 ~ .-.v AddIiGnII InIurIll
I
/lßkdé'13ll
co 82 26 lEd 07/aet X$
Copyr,ØIt ~ SlI'V'C:Os Off'l:" InC. 1888
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A CORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
7t20t2004
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 818.225-8200 Fax 818-225-6210
INSURERS AFFORDING COVERAGE NAIC.
INSURED Overland, Pacific & Cutler, Inc. INSURER A: Great American E & S Company
100 West Broadway INSURER B: The Hartford Insurance Company
Suite 500 INSURER c: Everest National Insurance
Long Beach, CA 90802 illinois Union Insurance Company
INSURER D:
, INSURER E: RSUllndemnltv Comnanv
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.
INSft DO POUCY NUMBER POUCY EFFECTIVE POLICY EXPIRATION
UMITS
, 1,000,000
$ 50,000
$ Excluded
$ 1,000,000
$ 2,000,000
PRODUCTS. COMP/OP AGG $ Excluded
AUTO aNL Y . EA ACCIDENT $
EA Ace $
AGG $
$ 1,000,000
$ 1,000,000
$
$
$
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE. EA EMPLOYEE $ 1,000,000
E.L. DISEASE. POLICY LIMIT $ 1,000,000
EPL: $1,000,000 - $15,000 Retention
E & 0: $2,000,000 - $50,000 Retention
GENERAL LIABIUTY
X COMMERCIAL GENERAL LIABILITY PL 5574310-01
A CLAIMS MADE [!] OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
PRQ- Loe
AUTOMOBILE UABIUTY
ANY AUTO 72 UECUM6536
ALL OWNED AUTOS
B SCHEDULED AUTOS
X HIRED AUTOS
X NON-QWNED AUTOS
GARAGE UABIUTY
ANY AUTO
EXCESSJUMBRELLA UABIUTY
X OCCUR D CLAIMS MADE NHA212256
E
EACH OCCURRENCE
6t24t2004
6t1t2005
PREMI ES
urence
MED EXP An one erson)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
6/24/2004
6/24/2005
COMBINED SINGLE LIMIT
(Eaaccldent)
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
(Per aCCident)
OTHER THAN
AUTO ONLY:
6/1/2005
EACH OCCURRENCE
AGGREGATE
1 t9t2004
Utuu\..:,ïBLE
RETENTION
$
WORKERS COMPENSATION AND
EMPLOYERS'LlABIUTY
C ANY PROPRIETORlPARTNERlEXECUTIVE
OFFICERlMEMBER EXCLUDED? YES
~~~I~f~~bÖvÏs1óNS below
D ~:::groyment Practices Llab &
Errors & Omissions Prof Llab
x we STATU-
3900048305-041
6/1/2004
6t1t2005
BMI20010437
6/24/2004
6/1/2005
DESCRIPTJON Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PR
'10 Days Notice of Cancellation for Non-Payment of Premium'
AS TO FORM
dditlona nsured
CERTIFICATE HOLDER
City of Santa Ana
Public Works Department
Altn: Talg Higgins
20 Civic Center Plaza
Santa Ana, CA 92701-
CANCELLATION
$ 1,000,000
$
$
$
OTH-
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE .sSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBUGAnDN OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
\..-1
1--1.
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
e
0 e
.
.-
..---,
POLICY NUMBER: PL 5574310-01
POLICY TERM: 06/24/2004 - 06/01/2005
COMMERCIAL GENERAL LIABILITY
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Part
SCHEDULE
Name of Person or Organization:
City of Santa Ana, its officers, agents, employees, consultants, special counsel &
representatives.
WHO IS AN INSURED (SECTION II) is amended to include as an insured the
person or organization shown in the schedule as an insured but only with respect to
liability arising out of your operations or premises owned by or rented to you.
For: Overland, Pacific & Cutler, Inc.
CG 20 10 11 85
Copyright, Insurance services office Inc. 1984
t\¡"'~J,' 1 It',
¡¡.'t '/ HU A,') Tf.; FOR1\tJ
?:::~~~".c,?~-
AS':dSl31'"".' J
. l Lily ./\UUC¡cy
~
;
ACORO,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OO/YYYYj
6/9/2005
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 813-225-6200 Fax 818-225..Q210
-- ri/llSURERS AFFORDING COVERAGE NAIC#
INSURED Overland, Pacific & Cutler, Inc. A- ~Oo5.ID^ INSURER A: Great American E & S Comoanv
100 West Broadway INSURER B Hartford Casuat~l"$u;ance Co.
Suite 500 INSURER C RSUllndemnitv Company
Long Beach, CA 90802 INSURER D' National Liabilitv & Fire Co.
I INSUR.ER 6: Illinois Union Insurance Comnanv
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE lNSURE:D NAMED ASOVE FOR THE POLICY PERIOD INDICA TED. 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
~iES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS POUCY EXPIRATION
~ AD POlICY NUMBER I PRH-~'l" EFFECTIVE UMITS
~NERAL UABlUTY EACH OCCURRENCE S 1 000 000
~ ==rMERClAl GENERAL LlA!lll)'T'( PL 5574310-02 6/1/2005 6/112006 gREMISES Ea oceureoce\ S 50 OOD
A - CLAIMS WOE [!] OCCUR MED EXP (Anyone ""rsoo) S Excluded
"~ Contractual Liabmtv PERSONAL & ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2 000 000
rlL .ll.GG~E.nE LIMIT A?PlS ?ER: PRODUCTS - COMPIOP AGG s Excluded
POLICY ~~RT lOC
~roNOBa.E UA8IUTY COMBINED SINGLE LIMIT s 1,OOO,DOO
f- ANY AUTO 72UECTQ3952 6/1/2005 6/1/2006 {Eaaccideol)
f- ALL OWNED AuTOS BODilY INJURY
S
9 ,.x SCHEDULED AUTOS (Per person)
~. H:REO AUTOS BDDll Y INJURY
S
~ NON-OWNED AUTOS (Peracc:idenl)
e----.
~ $1,000 Comp Oed PROPERlY DAMAGE
X $1,000 Coli Oed (Pefaccidef\ll s
;=rE ~.OJTY AUTO ONLY. EA ACCIDENT S
ANY AUTO OTHER THAN EA Ace s
AUTO ONLY: AGG S
EJlCnSlUM9REUA UABlUlY EACH OCCURRENCE S 1 000,000
~""OCCUR 0 CLAIMS MACE NHA214302 6/1/2005 6/1/2006 AGGREGATE s 1 000 000
C s
R DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATJOH AND 530303 6/1/2005 6/1/2006 X I 'T~S,~T~r,~;. I IOJ'!:!-
EMPLOYERS' LIABILITY
D ANi PROPF!:IETORIF'ARTNERlEXECUTlVE E.L. EACH ACCIDENT S $1 000 000
OF"FICERlMEMBER EXCLUOl:D? YES E.L. DISEASE - EA EMPLOYEE S $1,000000
~tEt~~:O~;rtiS be\QW E.L. DISEASE. POLlCY LIMIT S $1 000 000
OTHER BMI20022998 6/1/2005 6/1/2006 E & 0 $2,000,000 SIR: $100,000
E Errors & Omissions Prof Liab DESCRIP1lQNOfOPERA11OHSll.OCA.~SJV~HJCLESICXClUSlONS"DDEDBYENDORSEMENTlSPECIALPROVlSIONS ' ;'~:::'C': \1, ~ ' p.' rr) ~...
Th' SA' ffi I ", I. \.' ' dtt
e City of anta na, Its 0 Icers, agents, employees, consu tants, special counsel & reperesen~tives are named' a Ad lonal
Insured as their interests may appear in the operations of the Named Insured. ~.x-
, . 'c. t /Ij
*10 Days Notice of Cancellation for Non*Paymentof Premium / ~ ;,-,,- _ ~~ '"
, /
, ,
CERTIFICATE HOLDER Add,lIonallnsured
City of Santa Ana
Public Works Department
Attn: Taig Higgins
20 Civic Center Plaza
Santa Ana, CA 92701-
CANCELLA nON
SHOUUl "NY OF ~E ABOVE OESCRIBED POUClfS BE CANCEllED BEFORE TfIE EXPlRATJON
DATE THEREOF, THE ISSUING INSURER Will. ENDEAVOR TO MAIL ~ DAYS WRlTTEN
NO't1CE TO 'THE C:ERT1FICATE HOLDER NAMED TO THE LEFT, BUT fAILURE TO bO so SHAll
IMPOSE NO OBUGAnON OR l.JABIUTY OF ANY KIND UPON nlE INSURER, ITS AGENTS OR
REPRESENTATlVE&.
AU'JlfORlZED REPRES
ACORD 25 (2001108)
OVER1 CertJI 2 Holder# 10B
,
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 prov,isions
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.
''\-01_'1
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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:
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.
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