The URL can be used to link to this page

Home My WebLink AboutFRIESS COMPANY BUILDERS INC. 1-2002 " , 1I~~utl'ANCf ON FilE . WORK MAY PROCttD UNTIL INSURANCE EXPIRES~ 1/Z7~ CLERK OLC9UNCIL CONSUL T ANT AGREEMENT DATEl I zr-z,,)jO 1..- , I THIS AGREEMENT, made and entered into this 23 ~ay of fje ~ , 2002 by t " [1oILSi',,~ and between Friess Company Builders, Inc" a California corporation (hereinafter "Consultant"), r::: I . . .J and the City of Santa Ana, a charter city and municipal corporation organized and existing under J 1"l\J the Constitution and laws of the State of California (hereinafter "City"), N-2002-176 o? RECITALS A, The City desires to retain a consultant having special skill and knowledge in the field of stucco and paint touch up, B, Consultant represents that Consultant is able and willing to provide such services to the City, C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform stucco repair and paint touch up for 14 walls 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 $10,000,00 during the term ofthis 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, 2003, unless terminated earlier in accordance with Section 12, below, Th..e term of this Agreement may be extended upon a writing executed by the Executive Director of the Community Development 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. Reserved. 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 ofthe 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. Reserved. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 " (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) 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 ofthis 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. 7. 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 3 .. 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 ofthe 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 the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 4 - telefacsimile (714) 647-6515 To Consultant: Friess Company Builders, Inc. 31658 Rancho Viejo Road, Suite B San Juan Capistrano, California 92675 Facsimile (949) 245-8433 Attn: Kenneth E. Friess A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent ofthe 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. 5 .. 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 and all questions relating to its validity, interpretation, performance, 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 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. 6 . 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. HEALY Clerk of the Council CITY OF SANTA ANA ~~d AVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By:Jf7w.zJ.ced( La(\ra Sheedy / Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT ~1~.. NNETH E. F ESS } President J P. REEKSTIN xecutive Director of the Community Development Agency Tax ID# 33-0656167 K:I WPDOCSIDO 18\POO 1100005965.DOC 7 .~ . ~U/~II~UU~ ~~:~O rhA ~~~40~~~qU t'JUJ:;::;:S 14)002 .. FRIESS COMPANY 8U1LDEIIS. fNC. October 17,2002 Ray Lirette City of Santa Ana Housing Departmcnt 20 Civic Center Plaza Santa Ana, CA 92702 PROPOSAL FOR PAINT TOUCH-UP 48 Buildings Comerstone Village Minnie Street, Santa Ana PROPOSED SCOPE OF WORK AND COST FOR SAME: Scope of Work: Clean lower three feet (3') of walls and touch up paint whcre concrete slabs have been retro fit. Where concrete footing is exposed with rough surface that cannot be smoothed out thc surface will be painted as it exists. There arefourteen (14) buildings (1101, 935, 939, 1122, 1118, 1114, 1009,931, 1102, 1010, 1013, 1017, 1025, and 1029) which will require some stucco repair in the lower three reet (3') of the wall. The repair will consist of wire brushing loose material and applying a single coat of stucco patch. In all there are 46 individual wall surfaces that need attention. Thc 14 that need some stucco repair and 32 that require cleaning and painting only. Cost per wall swi'ace for paint work as described: 14 walls with stucco repair and paint touch-up 14 X $395 $395 each $5,530 32 walls with cleaning and paint touch-up only 32 x $195 $195 each $6,240 31 <is! Rl\NCHO VlllO ROllO. SUitt B SAN jU^N CArISTAANO. CALI'Ol/'lllA ~Z67S TELuoIJON' 949.487.9700 fAC$IMII.F. 94~.2.4S..a4J3, ..._......,u.:o.(o'"' .",j..IIL'~U .~U/LII~UU~ ~~:~~ r~ ~4~40~~~4U .. l"Klt.:::;::; 141]003 FRIESS COMPANY BUILDERS. INC. Total $11,770 OUALIFICATIONS AND EXCLUSIONS: . Any work not identified above is excluded. . Proposal is valid for 30 days. . All construction debris will be removed and the work will be reasonably cleaned at the end of each workday and at the completion of the project. . StructuIal engineering is excluded ifrequired. . Repair permits are excluded if required. Upon acceptance of this proposal, please sign and rerum one copy. Thank you for the opportunity to be of service. ACCEPTANCE AND AUTHORIZATION: JjWe accept this proposal and agree to pay the said amount and otherwise be bound in accordance with the terms set above and attached standard terms and conditions. RESPECTFULLY SUBMITTED, FIU.ESS COMPANY BUILDERS, INC. SiGNATURE BY ~4~ TITLE ~ DATE OF ACCEPTANCE , .1.\,1''&'" ~U\,l~ .&.~. oIq J:-nA q~;;P"Q;;PoJoJ't\,l - rIUr.."" ~004 . STANDARD TERMS AND CONDITIONS TO CONTRACT The tern1S and conditions outlined below are incoIporated into the Proposal aDd Contract to which they ll!e attached. Bs.is of Psvment: Billings for eompl~ted work to be prOSl!1lted every week, due and payable upon presentation. Interest at the maximum legal rate, will bcgin accruing after 30 days. Ifpayment is not received contractor has the right to SlOp Work: Licensure and Insurance: Contractor holds California State License #706656 with General Building (B), Plw:nbing (C-36), Painting (C-33) and Hazardous Wasre cl<r.ssiiications. Contractor will provide and maintain during the dunltion of the projeer liability insurance with a . $2,000,000 limit, worker's compensation insurance' with a limit ofSl,OOD,ODO, and automobile liability insurance with a limit of $1,000,000. Mediation snd Arbitration: The parties agree to submit any dispute arising out of or relating to .this agreement to medlation uncler the Commercial Mediation Rules of the An:.e:rican Arbitration Association, before resorrmg to atbitration, litigation, or any other proeeeding.lfpartics. cannot resolve their dispute. by mediation, the dispute shall be ICsolved by binding o.rbittation in the county of jurisdiction, Stale of California according to the rules and reg'J1ations of the American Arbitration Association. Attornev. Fog and Costs: lfany action or proceeding is iDstilllied by any person to .moroe or interpret the provisions of this agreement, the prevailing party.shall be entitled to recover from the other party reasonable a!tomeys' fees, costs, and expenses oflingation or atbitration. Extra Worl< snd Chan..es: Any additions or changes to the scope of work shall he completcd on a time and materials has'.s ofS45.00 per man hour and a 20% mark-up on . materl31s or a negotiared lump sum. All extra work shall confonn to the terms and conditions found within this agreement Termite Work: Contractor is not obligated to identify termite damage or perform any work to correct damage : caused by tennites or dry rot, excepr as extra work. Su~contraClorS: Contractor. has the oghlto sub-contraet any part, or all of the work herein agreed to bc performed. AJri such sub-contr.>Cl' does not affect or lessen Contractor's obligation under this Agreement MatehiD9 nfMalerisls: Coulraolor calls alletlnon to the Client to the limitations of matching plaster, stucco, concrete, roofing, paint and other materials, and while Contractor shall make reasonable efforts to match existing materials, texture, colors and planes, exact duplication is nol pror:lised. A~bestoslLead: Conrractor's scope of work shall not include the identification, detection, abatement, encapsulation or removal of asbestos, lead OI other hazardous substances. If a hazardous substance is discovered Contractor sball hl!ve the righl to discontinue its wo.rk and remove its employees from the project until thc hazard is removed. Clients should notc structures built befo.re 1978 may contain such substances. Guarantee: Work covered by this contract, including change orders issued under this agreement, is guaranteed for one (I) year following suhstantial completion. Noliee To Owner 1. The OVlller has the right to require the contractor to have a performance and payment bond. However, the cost to provide such bonding shall be the burden of the owner. 2. The owner may cancel this transaction at any lime prior to midnight of the third business day after the date of this =action 3. Contractors are required by the law to be licensed and regulated by the conlracrors' slate license board.. Any questions concerning a contractor may be referred to the registrar, contractors' state license board, 3123 . Bradshaw Road, Sacramento, CaliIoroia. 4. Contractor bas the right 10 cancel this agreement wi1h or without cause with Olle week's wrllletl notice, at any time during the course of construction, provided that all services which bave been paid for are compleled. 5. Any contractor, subcontractor, or supplier who h4s helped to improve your property has the right to place a lien upon the property if not compensatcd for their services. Be certain 10 receive lien releases from all panies involved in improving your pmperty. Schedule Chinn.: Contractor is to receive a schedule extension equal ro the amounl o{delay for the cl>ll"lpktion of work iiweather conditions or ~ or nature impede work, materials or work site do not dry, or a malerial shortage or delivery jrroblem exists. Limit orLiabilitvlIndemnitv: Client aclc>owledges and' agrees. to limit the liability of Friess Company Builders, Inc. for any claim, action, suit, OI other loss or liability, including attorneys' fees and any defense cost arising from or in connection with the Project to the :linount of the total contract value or SIO,OOO.OO, whichever is more. Client agrees to indemnify, hold harmless and defend at its own cosls and expe.nse any and all claims or liabilities arising out oftbe perform;mce by Friess Company Buildea, Inc.; its et1lPloyees, agents or representatives under this agreement, except any action caused hy their active, direot, and sole negligence. lnterration Clause: This document and all docwnents incOIporaterl by reference constitute the parties' entire agreement. No other agreements, oral or written, regarding the work to be performed under 1his Agreement exist between the parties. Authoritv To Enter A2reement: The individualll cxecutiog this agreement represent and wamult th.t they Mve the authority to enter into this agreement on heW'of .the party they purport to represent. Counter1>artslDellverv or !;imature Bv Facsimile: This agreernent may be executed in multiple connteIpartS. Each of which shall be considered an original, but al1 of which shall constitute On agreement, This agreement may be signed and delivered by facsimile lrans)nissiOll, and such facsimile documents shall be deemed originalmd binding upon the signatories. ~ EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the 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 8 2002-NOY-26 02:31PM FROM-S P I B INSURANCE AGENCY INC +949 582 3512 H95 P 0021004 F-B69 ..__....~ _.-.....~.. .-~.....~. ...."..,..... . . "'VU.""I'''''''1- , 11/20j:z002 PRODUCER (949)582-5220 FAX (949)582-3512 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION S P I B Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR License Number 0719264 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26441 Crown Valley Parkway INSURERS AFFORDING COVERAGE Mission Viejo, CA 92691 INSURED Friess COII13any Bu,lders Inc INSURER" Admiral Insurance Co c/o Stewart Smith 31658 Rancho Viejo Rd, Ste IB INSURER 8: State Camp Insurance Fund San Juan Capistrano, CA 9267S INSURER c: Creenwich Insurance Co. c/o Deans " Homer INSURER D: Lloyds of LcndonlELM Insurance Agency I INSURER; e~ Royal Surplus c/o Stewart Smith COVERAGES THE POUCIES OF INSUI\ANCE USTED BELOW HAVE BEEN ISSUED TO THE INSVRED NAMED ABOI/E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR aONDmON OF ANYCONTl\ACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUClES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1m 'lYPEOFINSIJRANCE POUCYNUIlBER I r.!'l-ri~~68A.~ u.ns ~EHElW.UADIIJ'I'I'. 1A02AC15088 10/15/2OD2 07/27/2003 EACH OCCURRENCE . 1 OOD,OOOI COMMERCIAL. GeNERAl. UA8ILITV FIRE OAMAGe IM1 OI'M r...) c SO 0001 I CLAIMS MAllE W OCCUR MED EXP (Any Ql'lII penon) , 5,OOC A X Owners " Contracto PERSONAL & N:N INJURY , l,OOD,OOI ~e~ GE)jERAL AGGREGATE . 2,000,00( ~LAGG~Erxi rr _LIES PE'" d'''' . ~ ___-I PRODUCTS. COMPIOP AGG $ 2,OOO,Ol)( POLICY X p~ n Loe - ~UTOMOBILE IJAPIl..ITY ~~.'d}.' ~ ~ COMBINED SINGLE I..I~IT , MY AUTO "'~- (Eo........) - \.\51' ~ . 51 \\O(ne':l - ALL OWNED AUTOS i':~~ BODILYJNJURY . SCt-tEDULEC AUTOS p..ssiS\,z,n tPltpertOfl) - - HIRED AUTOS I 80DILYIHJUAV (Plreo::td.....' . - NON-<lV'oW<ECAlITOS I PROPEInY OAMAGE, '" (PerllCCidonl) , Rl\RAGE LlA8lUlY AUTOONLY-EAACCICI!NT , _ AUTO OJ\lER THAN EAACC S A OOHLv: AGG , Ill(CESS LIA8IUlY eACH OCCURIU:NCE . 2,OOD,~ t!lOCCUR 0 ClAIMS MAllE AGGREGATE S 2 000,0 D P2HA206977 07/27/2002 07/27/2003 s =i .DIiDUCTIBLE . RETENTlON . ITO~ . WOIlKEIlSCOU,,"-TIONAND ~594117-02 07/01/2002 07/01/2003 EMPLOYER$" LIA81UlY l,ODO,OOC a E.~ EACH ACCIDENT . E.~ DISEASe - EA EM"LOVE . 1 ODD,OO< E.t.. DISeASE. POUCY UM/T I 1,000 DOC [llpER 366030 11/03/2002 11/03/2003 $60,000 BPP/ $500 OED C DESCRIPTION OF OPEAAllONSlL0CA11ONf'EHICLESIEXeI.UStONS ADDEO BY ENDORSEIIENTI6I'EaAI. PROVISIONS E CITY OF SANTA ANA, 2 CIVIC CENTER PlAZA, SANTA ANA, CA 92701: THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, VDWNTEERS .. REPRESENTATIVES ARE NAMED AS lODITIONAL INSUREDS W/REGARD TO LIABILITY, PER OTV I S ADD' L INSURED ENDORSEMENT FORM ATTACHED. Except for 10 days notice of cancellation for non-payment of premium, CERTIFICATE HOLDER I I AODlTlD......INSURI!D; INSUIUlR LETTER: CANCELLATION SHOULD aNY OF THE ABOVE DESCRIBED POLN:JES BE CANCB,t.EO BEFORE THe em OF SANTA ANA, M-93 EXPIRAllON DATE THEREOF, THe ISSUING COMPANy WlU. 1l'lQX06fi!06 MAIL ns AGENTS, OFFICERS AND EMPL " THE COMMUNITY ....1L DAYSWRm'EN NOnce,.O THE CEAnFtCATE HOLDER NAMED TO THE LEFT, REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ~~~~JOOO( 20 CIVIC CENTER PlAZA 19O1ill/oot"'llllO'IIlllI.l~"-"""""'lllItJOOOOO(lOOOCX SANTA ANA, CA 92701 AUTHOIl12Bl RI!PIlESelTAnve ~~.~ Larrv Hines/STACEY ACORD 2S-S (7/97) FAX: (714)667-2225 @ACORDCORPORATION1988 THE COMMUNITY REDEVELOPMENT AGENCY OF THE Certificate issued to THE COMMUNITY REDEVELOPMENT AGENCY OF THE S P I B Insurance Agency Inc. 03/01/2001 CORNERSTONE VILLAGE OWNERS ASSOCIATION 1. MINNIE STREET PARTNERS, A CALIFORNIA LIMITED PARTNERSHIP KRIS KAKKAR, GENERAL PARTNER JANAK CHOPRA RAMAN CHOPRA KONANUR V. SRlNATH SWARNA SRlNATH ~ 2. VlNOD K. KAKKAR AND CHANDER M. KAKKAR 07/30/2002 3. DEVARAJ INVESTMENT AND DEVELOPMENT LTD., A CALIFORNIA FAMILY LIMITED PARTNERSHIP NARAYANAIYENGAR R. DEVARAJ, TRUSTEE LATA DEVARAJ, TRUSTEE 4. RYAN FAMILY TRUST. D. WILLIAM RYAN, AS TRUSTEE OF THE RYAN FAMILY TRUST 5. KAO FAMILY TRUST, A REVOCABLE FAMILY TRUST BRUCE KAO, TRUSTEE JUDY KAO, TRUSTEE 6. TA SHYONE LIN AND KAI YU LIN 7. ORANGE HOUSING DEVELOPMENT CORP., A NONPROFIT PUBLIC BENEFIT CORPORATION EUNICE BOBERT, CHIEF EXECUTIVE OFFICER 8. THE HOWIE FAMILY TRUST THOMAS M. HOWIE, TRUSTEE CATHY J. HOWI E, TRUSTEE 9. ALl MA2AH ERI 10. BROWN-SPORCICH FAMILY TRUST, A REVOCABLE FAMILY TRUST ALLEN BROWN, TRUSTEE MARGARET SPORCICH, TRUSTEE 11. THE MOUNTAIN LAUNDRY, A CALIFORNIA CORPORATION ALLEN BROWN iolARGARET BROWN L2. MARY V. KENNEDY IRREVOCABLE INTERVIVOS TRUST WILLIAM J. KENNEDY, TRUSTEE 2002-NOV-26 02:31PM FROM-S P I B INSURANCE AGENCY INC +949 692 3512 T-295 P,003/004 F-969 ADDITIONAL INSURED ENDORSEMENT Admiral Insurance Co. Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy #A02AG15088 relating to the following: 1. The City of Santa Ana. 20 Civic Center Plaza. Santa Ana. Califomia 92701; its officers. employees. agents and volunteers 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 iO$urance 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 oompany's limits of \lability. The inclusion of any pelSon 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 canceled. or materially. reduced in coverage or limits except after thirty (3D) days written notice has been given to the City of Santa Ana. 20 Civic Center Plaza. Santa Ana, Califomia 92701. ' (Completion of the following, including countersignature, is required to make this endorsement effectiVe.) ... Effective November 1, 2002 , this endorsement form as a part of Policy # A02AG15088 Issued to Friess Company Builders Named Insured ,0 ,oe. ~ Ju, A A1l~~e\f~~~ntersigned by '.j) -' A . ~_- Autf16nzed Representative s10RC" ._,- , \"''' E. tt (lwY . .-.\~ p.;, 0 · ~ .['6) ";IIn" I "''''':11 Inn "'T I I"'lLnr..t~lI"'M' ....~.... c...l"lLM"" tr'I "...., _~T'" "':Jf"W'll" n-:J ^....~. 2002-NOV-2S 02:32PM FROM-S P I B INSURANCE AGENCY IHC +949 592 3512 T-295 P 004/004 F-S69 ~ . ....- ~ . A!)ImIUl'4ALMtIJUiD~ ~ Compan,y_ ~mjrallnsurance Co. . . ~~modi1ics ~ ~ as~$atrordeclJl)' dseprv\'.isiaM DfPalicr ~ ~~m~~~ l. rL.:" .. 'n'll:1y~4...-~af11B:Cityll:1'SazaAaa..2IJ cme c- PlazI, S~Am, t'"~~. !l2.7Dl; it.J oBicen. ~3'l=.lICJOb d 'Illl..... i1l1Ulamtd:u I&titior..l flalllll:.ds ~..w;""-fJ:")wi1!I zcprd.. l~lIllll~ofCU~frte!Le -......&wud'll$C&~ ;.. lbyarrll bdza1tQrllu:-=ed~ . , 4' Yrldll"I "tlDo:ICaI~l7lIl'uftlle'1 ' tlllneh_~'by III' aIl1lelWfvftbeMI.-I ~ SIlCIL~:as i! afIl:IIIilc4 b)' llIis pa1ic,y1f ~.i' _is..""'''''' 1 tD ar~witbllZl'~~~ b,ar:rar1lu: Ilcaefit orllta..witiaaaJ ilalllCds. 3.. 1'1Iis~~liIIJI....dy!l'l..~....cr1llwm.Uimill IlIlIIII-III' suit is -..".. fJla:qlC -..itJI ~ tD tile '" ....1 '/, t!::dls af!iUili1;. ~ iDdufga af iIll1pa1Da ~oIIl:lI~..:_.I: - as' :Ill in:. 1 shall DOE am:ct'fiJy l'igIK 1IItincl p- ar...~ 1I'GIlcIba1rcaa .;J";""'-ifJllll SiD iIlll1ua1ed. 4. ".1Ib...._tIltb~n. ....1&is.=..._4lU:aat1le 1:lIIII:d~.. - --'''''--~'''' :Jl*~.dmt1(..1Cl)iayrWZl_ 'lIaTir:t:has &cat. zjfta III the C.........ft1y ~ Agecyofraa City af5lllllll AoJ,,2G C'McCcmll:PJaza, SIDIBA!Ia. C4927al. ExI>ept 1 0 d8y neIIt::e of QIll:etlMian for n_vrnent of premilllll. (tQa,ldau.atlk~~ ClIIIIIIllISi~ is l~.,i..dtll JIIlIh1hir .......t ~rTDat~,,~~) ~.. NlNemblr 1 ,2002 . dlis ~k1Ilu.pmof A02AG150BB !'llJil:!)"'_ lIAed lD Fri_ Company BWIdcn. Inc. . c-..~~~t!~ TI' v"''''' AS '1'0 FOP..,c APPRO J:;1J dzf1w LISA E. STORCK As . tant City Attorney (j ~ .~) _.... _., _........ ............ &DA ~..~..OP.,""..~ rIU.c.,,;, 1aJ006 CERTIFICATE OF INSURANCE . 1:!13 STATE FARM FIRE AND CASUALlY COMPANY, Bloomington, Illinois '"'' ..... 0 STATE FARM GENERAL INSuRANCE COMPANY, Bloomington, Illinois ~ " 0 STATE FARM FIRE AND CASUAllY COMPANY, Scarborough, Ontario ~ 0 STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida , 1.'U'A.". I 0 STATE FARM LLOYDS, Dallas. Texas Insures the following policyholder for the coverages indicated below: Name of policyholder FRIESS COlfPMY llUILDERS Address of policyholder 31656 RANCHO VIEJO ROAD, SUITE ll, SAN JUAN CAPISTRANO, CA 9'- 615 Localion of operations Description of operations The policies listed below have been issued to the policyholder for the poliCY periods shown. The insurance desoribed in these policies Is subject to all the tenns exclusions. and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POUCY PERIOD UMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effec:tive Date i ~ (at beginning of polley period) Comprehensive ; BODILY INJURY AND , .~~~~~.~~~I!~......... ..................:.................. PROPERTY DAI\1AGE . 'This' iiisuriiiice'iiiCiude$:" o Products - Completed operations o Contractual Liability o Underground Hazard Coverage Each Occurrence $ o Personal Injury o Advertlsing Injury General Aggregate S o explosion Hazard Coverage o Collapse Hazard Coverage Products - Completed $ 0 Operations Aggregate 0 POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABIUTY ElflIctive Date : [).,AI a(cn Date (Combined Single Um~) o Umbrella , Each Ooeurrence $ o Other , Aaaregate $ : . Part 1 STATUTORY . , Part 2 BODILY INJURY , Wor1lers' Compensation : , and Employers Liability i Each Accident $ ; Disease Each Employee $ , : Disease. Policy Urnit $ POUC'f PERIOD LiMns OF UABlLllY POLICY NUMBER TYPE OF INSURANCE Effective Dale Date (at beginning 01 porlCY JHIriod) L36 1521-A15-750 AUTO 01115/02 01/15/03 1,000,000 eSL P41 3956-F19-1SB AUTO 06/19/02 12119/02 1,000,000 CSt. 012 8434-029-15C AtrrO 10/29/02 04/29/03 1,000,000 CSt THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATlVEL Y NOR NEGATIVELY AMENDS. EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. If any of the desaibed policies are canceled before ~ elCpiration dale, State Farm will try to mail a written notice to the certificate holder days before cancellation. If however. we fail to mail such noti' no obligation or Iiabil" will be Imposed on IlJ: r its a or resentatives. Name and Address of Certificate Holder THE COMMUNITY REDVEtO~MENT AG8NC~ OF THE CITY OF SANTA ANA AND THt CITY OF SANTA ANA ITS OFFEaICERS AND EM~t.OY8ES AS ADDITIONAt. INSURED 20 CIVIC CENTER PLAZA-M26 SANTA ANA ell. 92706 1>.'0 'to ~Oi'Jfi I J me I Aganl's Code Stamp AFO Cod. F4l& JQHN McMAi-jAN AIiS.,'UON VIEjO . 05/10/02 0... . ..~... 558-984 a.3 04-1999 Printed in U.S.A. -:iO?C'f- I' t. S tl-orne~ "~~" ~ b) 8.3''- , " ,- F416 CERTIFICATE OF INSURANCE o STATE FARM FIRE AND CASUALTY COMPANY. Bloomington. Illinois o STATE FARM GENERAL INSURANCE COMPANY, Bloomington. Illinois o STATE FARM FIRE AND. CASUALTY COMPANY, Scarborough. Ontario o STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven. Florida I.'U".", . 0 STATE FARM LLOYOS. Dallas. Texas insures the following policyholder for the coverages indicated below: Name of policyholder FRIESS COMPANY BOILDERS, Il/C. Address of policyholder 31658 RANCHO VlEJO ROllO, SUITE B, SlIN JUlUf elIPISTRANO, ell 92675 Location of operations " Description of operations The policies listed below have been issued to the policyholder for the policy periods shown. The insurance desa-ibed in these policies Is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduc;ed by any paid claims. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMAl1YEL Y NOR MEGATlVEL Y AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBED HEREIN. If any of the desa-ibed policies are canceled before its expiration date. State Farm will try to mall a written notice to the certificate holder days before. cancellation. If however. we fail to mail such notice, . no obligation or liability will be imposed on State F or lIS agen esentatives. , ot....., .rr"l' IIOVU,," .L~. <,101 1'n.A P"'~'iotJ..:I"""'U NUI>~~ I: Sl4a,..,.r/,.,.U A POUCY NUMBER POUCY PERIOD TYPE OF INSURANCE Effective Date i DaIII Comprehensive . .~~~~~ "~L~~ll!o/... ......." ... ........."...." L. ..". ........... o Products. Completed Operations o Contraatual Liability o Unclerground Hazard Coverage o Personal Injury o Advertlaing Injury o Explosion Hazard Coverage o Collapsa Hazard Coveraga o o "iiiIs'iiiSuri.iici, friCiudes:" . EXCESS LIABILITY o Umbrella o Other POUCY PERIOD Effective DatIl : Emiralion Dale Worlcen;' Compensation and Em players Liability POLICY PERIOD POLICY NUMBER TYPE OF INSURANCE Effec;tive Date ! . Dale C99 7l85-C25-15A AUTO 09/25/02 , 03/25/03 : P43 8007-D14-1Sc IIUTO 10/14/02 . 04/14/03 . . 012 8435-029-1511 AUTO 10/29/02 : 04/29/03 , . Name and Address of Certificate Holder THE COMMUNITY REDVELOPNENT lIGENCt OF THE CITY OF SlINTA ANA ANO THE CITY OF SIIl/TA ANA ITS OFFE~ICERS ANO EMPLOYEES AS ADDITIONAL INSUREO 20 CIVIC CENTER PLIIZA-H26 SANTA ANA ClI 92706 .",-'\,,'\'" tOt';>... . fa . . 55a.994 a.3 (W.1i99 Printed in U.SA. :lORe\<. \sf' S. S f'\\O(\\e': \... \CI\~ 'J p..sS\s\a.\\ y cS ~ 1ilJ005 LIMITS OF UABlLITY (at beginning of policy period) . BODILY INJURY AND PROPERTY DAMAGE ElICh Occurrence $ General Aggregate S Products - Cem pleted S Operatlons Aggregate BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence S Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Each Accident S Disease Each Employee $ Disease. Policy Limit $ LIMITS OF UABlUTY (at beginning tJI policy period) 1,000,000 1,000,000 1,000,000 Date AFO Code 1'416 JOHN~ MISSION VIEJO 8323 f41ti , -" SG ~ATIi ecri.Ai-io"niATION LN $ u i';l'''n''cs FUND ,P.O, BOX 1307. SANFRANC($CO;Ck 94.1I'h"-,o807 , '} " y._ ,'. ",;_." ,',' _ -,~.: ..-..', }_.";c,,.....;__ _ ,'- ''_' '"i; '.<;' . ,: . ': - -" ... -'-- ,- '-'. '- ::/;'( - " --;\-,:- -'.:.' ", '" CERTIFIC~TE <iF WORKERS' COMPI!NSATION INSliJRAt;lc . ,. _ .; '." --, '. -'. -' ".. .~- y'; .-' ~--:', ': 'i POLICY.Nt;lM "f!R:fIFlCATe EXPill, -. -J; \ ~'_o <.y- ", ~::~. ;-, -i '->-, ISSUE DATE:, 07-01-02 t " '~, ", >\~-' ~'" COII/,\UMI Tv' iltDEVEL{lP/'IEMT AGEN!:VOF THE J; m' Of" SANTA, : I TS AGENTS, OFf:! eER~^N,D EI'\PLOY~ E$' :J; . ,20. CIVI'(; CENTER .PI.AZAM-2~\\1lO eox T98~ ,; . SAMTA ANA..,cA ',92702 \' '. "~' ' '.., '" ': " 0- ,__ '__'. ",,_"".< . ';, _" ',,:-.__ !"_'-'.'."._, ,--y,_:-, :_::.J":,-i "-"~-' "j. )" '\ ""'.';' ~ i ~;- rOO, ,+ ;":,_ ',' "',_, ';:_ )"'," _:_-',,- __ _':~":_ ".' _,:" r'_, ,_:,:--:: -" _ __'.:. - '__'H,,';i-:,_:'~':;;-;-;-\,: ,___-'- ,;)',' _'-' "'\'-"",S- _,'~-","'-v;;", -'.' ,-"": ~:: ,:-, ~~ . . :rhi.i~l~ ri!t~ ~ 'we ~v, jfs~~d ~valil!~;&i.ii>tker.s' Ci;niP~~~libi\~L(I:~':': 'polic{in'~~r;;:.iiPrit!l~~' b~lh..,., C~ltf,ll(nia,~I1~e Co.mm!~""wr 1.6 the 'emj:Hoy$r'n....<ld b'o!iI.OW'!bt,:tl"~'I),9I1~yPetiO!i indic!it'~il'';'::J . ,<,~f~: '>~~;~~~~\~~~I'~UP1~1~:+~~~ilati~ 4{9:~':~unij',,~:~ ~~~~~;'~~~~~'~+~'.~t~A~::.~'OY~~: ," :,:t. ',' w;,.",J!I":~~:9i~:.VP~,~~;~~~:~61Jl;e sh~td ~j~.~~~s'~t:!:~de'~~te~~~:'~e:lir'~~h'me'~:~e~~tie:~....,rif"f.0' ,wed /:'.:,~~,,~.~,l. . ThJ$':<:elJ:llff<;:,le ,01 }rl$utl\O!l."ls" ._ -..","" 'A "". ~...' " ...~ ~r~' " .. .. OY,Jfle\X!hcwSc 1Iil!,\d hefe,,,"' rm. or' cO~Ii(n'\ llli".1i;y,,,!lIitf~ "";:-1WlehtbcUllUlnt.. " " ";~::"~" ; " VVlJb'.~e$~cl'tO' wh,cli,lllis ce .. '9!: n1>of PA~il;'Jhtj'jn~r,.,!;if'iliffo~!f,6'y the. '.. ,', ,.::'f.:' .~" ))6!~s' 'p_~~rib~d- he~~rn"~i.$c ~(( ~~eqhditiDns of 'sucti pktlicres:1. ,$~ ~, . "f'",' ;;:"i.i:,-.;t;<~. _: " 't,,,,"" .: _'''-.,' ...~,~;',~.::1;.^t:' '~i-", ,1."';-,."~:~il;~'.!..{-'7 ~"'l,": <~..---:::,,- ";,,\.':IJ~~ <:~"'~;~~~~~~f~< l' 'y" ;- ~. ' " 1 :/\12" c .& ~~" j', ,~ /r:\,.~,;~ , , " "' "~, ",,:, }~/'.': ),: P!if5IO~~T '~:~~,;~ :~~~;R'$,L~1t~i~;L~iI~'T~~~,Dt~~~,E~:~,;~:J,1;~,dj:jQ,~~:f'f!RrO~R~, ,',' ',r:',:- " . \",: 'f ';'20E!',' '~L ' "EktIFt'~' ni~'''::'J',;,;:'~;;;I''' ~ ;0,. ',' '!,. ."," '.',", 'j."'~" i .=~ l~f'll~'ta~~i.~(: "^"~ """~;,, '1!i~~.G';l!l~, 9l11p,1/b2:\~ m.~Il:TO AND " '.,!' Z,..' -/ ., · ':l.;I:i~~t,'.:.~' }~~.~i ~~~~~ "::Y?~:' . ;':. ,". " .~:.r', ,.' . f 'if c, ~', ,'., ';.;.-1-. , . '. '"'~ '"1:., >\0", ":",,,.i,:_-, _, ;,-: '>, ','.; ;;' . ~ . ~, '. .' '.i;<\-~,""-. ~, " '_- -_'- 'I:,.j;' ' , , ';, .,,':.1;:'/\ "..';j;o<;:f,O:'~ , . ..~.~ ' ' : __'_~"~ J;(,,, ."\ k----;~;:, ',-' :1..: : ".-' EMPL9YE~~" ,.., r, ..""__' ;.~ -'-, "- ,..", )-' '-1/:"'f;.f 'ij:' .;~ . --r-t~~~:~~~.:~;~~ .~~~ , -'~ ..:::~'; " . -{ ." r>' '~', :'iI' ';v... , ',,;Y"_A 'CE.G~LNAME ' ,.".: c, :\-. j> . F~fE~S. c;ciMpmy iutl.\lI!RS. INC. 316$8 RANCHo YIEilCl'Rll,STE 6 SAN '.JUAN CAPO CA 4267$ " :>' ,oj'( , fRUSS"COMPANY BUILOERs.;tNc, " ,.' : . .