HomeMy WebLinkAboutScott Fazekas & Assoc 2AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
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Department:
Signature:
Date: ✓ �f
City of Santa Ana
Revised 8-7-03 Clerk of the Council
INSURRNCL Al ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: f -a3 -o�P
CONSULTANT AGREEMENT
A-2006-205
8. PbA(--1) THIS AGREEMENT made and entered into this 7th day of August, 2006 by and between
ZA1W) Scott Fazekas & 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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide plan check services on request of the Executive Director of the
Planning and Building Agency, as set forth in Exhibit A, attached hereto.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree that (a) other such material may not
be copyrighted without prior review from the City, and (b) the authors of all such material,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty -
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
seventy percent (70%) of the applicable plan check fee charged by City. The total sum to be
expended for Plan Check services by all Consultants during the term of this Agreement, shall not
exceed the $500,000.00 aggregate amount approved by City Council on August 7, 2006.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Consultant may
charge fifty percent (50%) of the total fee upon submission of the initial plan check report and
the balance upon completion of Plan Check for the project. 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 when
allocated funds have been expended, unless terminated earlier in accordance with Section 12,
below.
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. 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.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate.
c. 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.
d. 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 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 negligent 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. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief 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 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
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 and Building Agency
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
and
Santa Ana, California 92702
telefacsimile (714) 647-5897
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, California 92606
4
telefacsimile (949) 475-2560
A party may change its address by giving notice in writing to the other party. 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 its 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Lau a Sheedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
SCOTT FAZEKAS & ASSOCIATES, INC.
S OTT FAZE = S
President
Tax ID#
EXHIBIT A
SCOPE OF SERVICES
General Description
Building Safety Division of the City of Santa Ana foresees submittal of several large projects in
the near future. Therefore, the City is seeking the services of professional consultants to support
the efforts of City staff in the area of plan checking.
Scope of Services
Consultant shall perform the following services for each assigned building plan review.
Detail review the mechanical, plumbing, electrical and building (architectural/structural)
plans. Review supporting documents for industrial, commercial, residential and public
buildings and determine compliance with applicable building standards as related to
existing and proposed buildings.
2. Review the plans for compliance with California state -mandated regulations for energy
conservation, disabled access and City Adopted Ordinances.
Review the plans for compliance with Federal Flood Plain regulations for projects in the
special flood hazard area designated on the flood insurance rate map (FIRM) as zone AO
or AE.
4. Recheck and approval of final plans and supporting documents to be provided without
additional charge for recheck.
5. Submittal of approved plans and all supporting documents to the City of Santa Ana.
6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to
expedite the review process and consult on complex code issues with City of Santa Ana
Building Official.
7. Plan review report to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural
Engineer.
9. Plan reviewer to be consistent, accurate, available and responsive to the City and the
applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available
to the Building Official and his staff to help answer Code questions arising from review.
Plan reviewer shall provide assistance in evaluation of alternate materials, design and
methods of construction proposed by applicant.
10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the
City office with owners, architects, engineers and contractors to discuss the Plan Check
issues.
11. Plan reviewer to verify that the job description, square footages, occupancy
classifications and type of construction, on the permit application agrees with the plans
and specifications. Plan reviewer will also verify the building valuation based upon
valuation costs used by the City of Santa Ana.
12. Initial Plan review to be complete within fifteen (15) working days and recheck within
five (5) working days.
13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly
rate of $85.00/hour.
14. Consultant fee for review services to be 70% of the City of Santa Ana Plan Check Fee.
PRESENTATIONS
Certificate of Recognition presented by COUNCILMEMBER BUSTAMANTE to John and
Linda Schulte for their great efforts in having Floral Park Neighborhood highlighted on the
"On the Road with Garth Kemp" segment
Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Target for their
generous donation to the City of Santa Ana Parks, Recreation and Community Services
Department and Police Department
Certificate of Recognition presented by COUNCILMEMBER ALVAREZ to Dayle
McIntosh Center on the occasion of their 2"d Annual Walk and Roll event and the 16th
Anniversary of the Signing of the Americans with Disability Act (ADA)
CONSENT CALENDAR
Mayor Pro Tern Bist announced the following modifications to the Consent Calendar:
• Councilmember Solorio pulled Items 22.D and 22. E. for separate discussion
• Mayor Pro Tern Bist pulled Item 23.13 for separate discussion
• Councilmember Alvarez pulled Item 22.D, voted no on Item 25.1-1, and abstained
on Items 13.D and 13.E.
• Excuse Mayor Pulido from the August 7, 2006 Council Meeting
• Addition of Closed Session Report, Item 19.A.
Motion: Approve staff recommendations on the following Consent Calendar
Items.
MOTION: Christy SECOND: Garcia
VOTE: AYES: Alvarez, Bustamante, Bist, Christy, Garcia
Solorio (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Pulido (1)
Items removed for separate action or modified are highlighted. Separate actions show the
actual vote. Items without votes are adopted as part of the consent motion.
ADMINISTRATIVE MATTERS
MINUTES
Motion: Approve minutes. (Item 10.A. - 10.B.)
CITY COUNCIL MINUTES 2 AUGUST 7, 2006
CONSENT CALENDAR
■ AGMT NO. 2006-202 — With Manual Duarte for the purchase of 1246
Highland Avenue in the amount of $600,000
25.E. AGMT NO. 2006-203 - HVAC SYSTEM MAINTENANCE — With Johnson
Control for a one year period, with provision for two, one-year renewals in the
amount not to exceed $87,712 — Police Department
25.F. AGMTS - BUILDING PLAN CHECK SERVICES AND APPROPRIATION
ADJUSTMENTS
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements.
AGMT NOS. 2006-204, 2006-205, 2006-206 AND 2006-207 - With Robert
Tyler; Scott Fazekas and Associates, Inc.; Tmad, Taylor & Gaines; and
NYA Consulting Structural Engineers in an aggregate total amount not to
exceed $500,000 — Planning & Building Agency
2. Approve appropriation adjustments. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENTS - Recognizing aggregate total
amounts not to exceed $500,000 in the 2006-2007 FY revenue account
for building plan check and appropriating various amounts not to exceed
$500,000 to the Planning and Building Agency 2006-2007 FY budget
allocation in the account for contractual services for payments to the
consultants contracted to complete building plan checks of various
projects.
25.G. AGMT NO. 2006-208 - UASI PUBLIC EDUCATION CAMPAIGN - With Allison
& Partners in an amount not to exceed $180,000 - Police Department
25.H. AGMT NO. 2006-209 - LEGAL SERVICES - Execute an amendment to the
agreement with Stephan, Oringher, Richman & Theodora, P.C., to increase
the hourly fee for services — City Attorney's Office
Councilmember Alvarez voted no on Item 25.H.
25.1. AGMT NO. 2006-210 - EDUCATION FOR JAIL TESTING SERVICES —
Renew the agreement with the Orange County Department of Education in an
annual amount not to exceed $30,000 — Police Department
25.J. AGMT NO. 2006-211 - CONSULTING SERVICES AND TRAINING
SERVICES - With General Learning Climates, Inc., in an amount not to
exceed $60,000 - Public Works Agency and Police Department
*** END OF CONSENT CALENDAR ***
CITY COUNCIL MINUTES 10 AUGUST 7, 2006
.JUN-14-2006 11:13 PM GUY BALL
714 730 6140
P.02
D. CERTIFICATE OF LIABILITY INSURANCE
PRODUCER THIS CERTIFICATE IS ISSI
TRUEX INS AGCY A CALIF CORP/PHS ONLY AND CONFERS NO I
HOLDER. THIS CERTIFICA
129006 P: (866)467-8730 F: (877)905-0457 ALTER THE COVERAGE Al
PO BOX 33015 1
INSURERS AFFORDING COVERAGE
I INSURER A: Hart Lord Casualty Ins Co
SANTA ANA HISTORICAL PRESERVATION INSURER B:
SOCIETY INSURER C:
120 W CIVIC CENTER DR. INSURER D:
SANTA ANA CA 92701
NSURER E:
COVERAGES
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ANY REQUIREMENT, TERM OR CONDITION OF Y 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.
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of the City of Santa Ana, its officers, employees, agents, volunteers
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CERTIFICATE HLDE ADNTNINAL NlU11Ep; WlUAM IiTTEII: Ce -
City Of Santa Ana
Community Redevelopment Agency
M25 PO BOX 1988
Santa Ana, CA, 92702
LU ANT Ur INt AHUVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
-ORATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICE (10 DAYS FOR NON-PAYMENTI TO THE CERTIFICATE
LOER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO
LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
In .... YwT1..«
D ACORD CORPORATION 1980
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY CHANGE
This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated
below:
Policy Number: 57 SBAAW4648 DX COPY
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_ Code: 129006
POLICY CHANGES:
ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING
w STATEMENT.
THIS IS NOT A BILL.
NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE
BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED
ADDITIONAL INSURED(S) ARE ADDED
THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN
� THIS POLICY.
LOCATION 001 BUILDING 001
PERSON/ORGANIZATION: SEE FORM IH 12 00
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IH12001185 ADDITIONAL INSURED - PERSON -ORGANIZATION
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THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN.
Form SS 12 11 04 05 T
Process Date: 07/12/06
UW COPY
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Policy Effective Date: 07/30/06
Policy Expiration Date: 07/30/07
The Hartford
Fax Cover Page
To: Ray
From: Duran, Laura (Comm Lines, San Antonio/Center)
Date: Jul 17, 2006
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Pages: 6 (Including the Cover Page)
<<clforms.thehartford. co m-.tif>>
'This transmission and/or attachment(s) contain information which may be confidential and/or privileged.
The information is intended for the use of the individual or entity named on this transmission. If you are not
the intended recipient, any disclosure, copying, distribution or other use of this communication is prohibited.
If you have received this communication in error, please notify the sender to arrange for retrieval of the
original communication and/or attachment(s). Thank You. ***
The Hartford Finandal Services Group
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf
of any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of
premises you own or rent that the person
normally occupies.
d. Workers' Compensation And Similar
Laws
To a person, whether or not an
"employee" of any insured, if benefits for
the "bodily injury" are payable or must be
provided under a workers' compensation
or disability benefits law or a similar law.
e. Athletics Activities
To a person injured while practicing,
instructing or participating in any physical
exercises or games, sports or athletic
contests.
f. Products -Completed Operations Hazard
Included with the "products -completed
operations hazard".
g. Business Liability Exclusions
Excluded under Business Liability Coverage.
C. WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the
conduct of a business of which you are the
sole owner.
b. A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
C. A limited liability company, you are an
insured. Your members are also insureds,
but only with respect to the conduct of your
business. Your managers are insureds, but
only with respect to their duties as your
managers.
d. An organization other than a partnership,
joint venture or limited liability company, you
are an insured. Your "executive officers" and
directors are insureds, but only with respect
to their duties as your officers or directors.
Your stockholders are also insureds, but only
with respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees
are also insureds, but only with respect to
their duties as trustees.
2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while
performing duties related to the conduct of
your business, or your "employees", other
than either your "executive officers" (if you
are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business.
However, none of these "employees" or
"volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and
advertising injury":
(a) To you, to your partners or
members (if you are a partnership
or joint venture), to your members
(if you are a limited liability
company), or to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other
"volunteer workers" while
performing duties related to the
conduct of your business;
(b) To the spouse, child, parent,
brother or sister of that co -
"employee" or that "volunteer
worker" as a consequence of
Paragraph (1)(a) above;
(c) For which there is any obligation
to share damages with or repay
someone else who must pay
damages because of the injury
described in Paragraphs (1)(a) or
(b) above; or
(d) Arising out of his or her providing
or failing to provide professional
health care services.
If you are not in the business of
providing professional health care
services, Paragraph (d) does not apply
to any nurse, emergency medical
technician or paramedic employed by
you to provide such services.
(2) "Property damage" to property:
(a) Owned, occupied or used by,
Page 10 of 24 Form SS 00 08 04 05
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 1801h day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4. Operator Of Mobile Equipment
With respect to "mobile equipment' registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
S. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(e) Any failure to make such
permit issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the injury or damage occurs
undertakes to make in the usual
subsequent to The execution of the contract or
course of business, in connection
agreement, or the issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
insured under this provision only for that
(1) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit,
except such operations performed
However, no such person or organization is an
at the vendor's premises in
connection with the sale of the
additional insured under this provision if such
product;
person or organization is included as an
additional insured by an endorsement issued
(g) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
container, part or ingredient of any
additional insured coverage grants in Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor; or
a. Vendors
(h) "Bodily injury" or "property
Any person(s) or organization(s) (referred to
damage" arising out of the sole
negligence of the vendor for its
below as vendor), but only with respect to
own acts or omissions or those
"bodily injury" or "property damage" arising
its employees or anyone else
out of "your products" which are distributed
acting on its behalf. However, this
or sold in the regular course of the vendor's
exclusion does not apply to:
business and only if this Coverage Part
provides coverage for "bodily injury" or
(i) The exceptions contained in
"property damage" included within the
Subparagraphs (d) or (f); or
"products -completed operations hazard".
(ii) Such inspections, adjustments,
(1) The insurance afforded to the vendor
tests or servicing as the vendor
is subject to the following additional
has agreed to make or normally
exclusions:
undertakes to make in the usual
This insurance does not apply to:
course of business, inconnection
with the distribution
(a) "Bodily injury" or "property
or sal e of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
the
insured person organization from
reason of assumption of
whom you have acquired
uired such products,
liability in a contract or agreement.
or any ingredient, part or container,
This exclusion does not apply to
liability for damages that the
entering into, accompanying or
vendor would have in the absence
containing such products.
of the contract or agreement;
b. Lessors Of Equipment
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
(c) Any physical or chemical change
with respect to their liability for "bodily
in the product made intentionally
injury", "property damage" or
"personal
by the vendor;
and advertising injury"
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
inspection, demonstration, testing,
person or organization,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Form SS 00 00 04 05
BUSINESS LIABILITY COVERAGE FORM
(2)
With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional insureds, this
Subdivisions
insurance does not apply to any
(1) Any state or political subdivision, but
"occurrence" which takes place after
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
c. Lessors Of Land Or Premises
which the state or political subdivision
(1)
Any person or organization from
has issued a permit,
whom you lease land or premises, but
(2) With respect to the insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury", "property damage"
Ieased toyou,
or "personal and advertising
(2)
With respect to the insurance afforded
injury" arising out of operations
to these additional insureds, this
performed for the state or
insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodily injury" or "property damage"
place after you cease to lease that
included within the "products -
land or be a tenant in that
completed operations hazard".
premises; or
1. Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
construction or demolition
is not an insured under Paragraphs a.
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for "bodily injury",
organization.
"property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1)
Any architect, engineer, or surveyor, but
in part, by your acts or omissions or
only with respect to liability for "bodily
the acts or omissions of those acting
injury", "property damage" or "personal
on your behalf:
and advertising injury" caused, in whole
(a) In the performance of your
or in part, by your acts or omissions or
ongoing operations;
the acts or omissions of those acting on
b
() In connection with your premises
y our behalf:
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work" and
or
included within the "products-
(b) In the performance of your
completed operations hazard", but
ongoing operations performed by
only if
you or on your behalf.
(i) The written contract or written
(2)
With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional insured; and
This insurance does not apply to
Qi) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
"property damage" included
arising out of the rendering of or the
within the "products -
failure to render any professional
completed operations hazard".
services by or for you, including:
(2) With respect to the insurance afforded
(a) The preparing, approving, or
to these additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising injury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architectural or engineering
services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.
The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.
How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.
No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations,
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.3. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.
4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.
S. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 05
ACORD CERTIFICATE OF LIABILITY INSURANCE OPIDe4
DroM4
1
FAZBR-1
06/051/OS/07
PRDDIKw
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
c, S. Levine Insurance
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Services, Inc.
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
10505 Sorrento Valley Rd. #2DO
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego CA 92121
Phone: 858-481-8692 Fa1x: 8e5�8-4911-7953
INSURERS AFFORDING COVERAGE NAIC #
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,Eueve 19046
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Poway 92064
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SCMPTM CF OPERATORS, LOCATORS YRDUS E6WS*M AWED BY EOMMUEx71 SPMKL PRDYRIgM
Re: All Operations
City of Santa Ana its officers, employees, volunteers, representatives and
agents are named as certificate holders and additional insured per the
L..
attached endorsement. Insurance is Primary
•30 day notice of cancellation applies for non-payment of premium. %PB8 y
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CITSAB- HOM_DANYOFrxEA8OED®CNBEDPoYCI0Bf f: A4CELLBOKFORETHEEXRMTON
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Box 1988 H-2D
Ana CA 92702
25(2001/081
Acom CERTIFICATE OF LIABILITY INSURANCE OpIDP4
PAZEx-1
06/05/07
RM°°°m
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
O. S. Levine Insurance
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Services, Inc.
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
10505 Sorrento Valley Rd. 4200
San Diego CA 92121
Phone: 858-481-8692 Pax: 858-481-7953
INSURERS AFFORDING COVERAGE NAICN
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IlsmEnw xL Specialty Insurance Co. .
Scott Paaekas 6 Associates
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OESCWPMMl6OPEMM S'' , ONSIV ACUS'EXMUPOMAWEUBYENK EMENT!SKCNLPRONBIONS
Res All Operations
Proof of Insurance
The City of Santa Ana, Its Officers, Employees Agents, Volunteers 6
_
Respresentatives are named certificate holders.
"10 day notice of cancellation applies for non payment of premium, xx
VC111IrIMN I C Il V W CEE MMnVLCM I lvn -
CITSAR- xOMLO ExraPTxe MBONSO..BEOmuo.BE UXCEum ceragBsxEEMMIax
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City of Santa Ana NET.TOTREcex .T'.ATENOuRN.....Le
Atta: Toni& Zer!
P.O. Box 1988- N-20
Santa Ana CA 92702
POLICY NUMBER: 6802252L18A COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 06/05/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S): PER THE ATTACHED CERTIFICATE
PROJECT/LOCATION OF COVERED OPERATIONS:
1. WHO IS AN INSURED (Section II) is amended to include the person or organization
shown in the Schedule above as an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury", "property damage" or "personal injury';
and
b. If the injury or damage arises out of the performance, by you or your subcontractor, of
"your work" on or for the project, or at the location, shown in the Schedule above. Such
person or organization does not qualify as an additional insured with respect to their
independent acts or for "bodily injury", "property damage" or "personal injury" for
which that person or organization has assumed liability in a contract or agreement.
2. The insurance provided to the additional insured by this endorsement is limited as follows:
a. This insurance does not apply to the rendering of or failure to render any "professional
services".
b. The limits of insurance afforded to the additional insured shall be the limits which you
agreed to provide in a "contract or agreement requiring insurance" for that additional
insured, or the limits shown in the Declarations for this Coverage Part, whichever are
less. This endorsement does not increase the limits of insurance stated in the LIMITS
OF INSURANCE (Section III) for this Coverage Part.
CG D3 82 09 06 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 1 of 2
Copyright, Insurance services Office, Inc., 2001
3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or agreement requiring insurance" that,
for the additional insured shown in the Schedule, the insurance provided to that additional
insured under this Coverage Part must apply on a primary basis, or a primary and non-
contributory basis, this insurance is primary to other insurance that is available to such
additional insured which covers such additional insured as a named insured, and we will
not share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for which coverage is sought occurs; and
(2) The "personal injury" for which coverage is sought arises out of an offense
committed;
after you have entered into that "contract or agreement requiring insurance" for such
additional insured. But this insurance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or on any other basis, that is available to
the additional insured when the additional insured is also an additional insured under any
other insurance.
4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others
To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV):
We waive any rights of recovery we may have against the additional insured shown in the
Schedule above because of payments we make for "bodily injury", "property damage" or
"personal injury" arising out of "your work" on or for the project, or at the location, shown in
the Schedule above, performed by you, or on your behalf, under a "contract or agreement
requiring insurance" with that additional insured. We waive these rights only where you
have agreed to do so as part of the "contract or agreement requiring insurance" with that
additional insured entered into by you before, and in effect when, the "bodily injury' or
"property damage" occurs, or the "personal injury' offense is committed.
5. As respects the insurance provided to the additional insured by this endorsement, the
following definition is added to DEFINITIONS (Section V):
"contract or agreement requiring insurance" means that part of any contract or agreement
under which you are required to include the person or organization shown in the Schedule as
an additional insured on this Coverage Part, provided that the "bodily injury' and "property
damage" occurs, and the "personal injury" is caused by an offense committed:
a. After you have entered into that contract or agreement;
b. While that part of the contract or agreement is in effect; and
C. Before the end of the policy period.
All other terms of your policy remain the same.
CG n3 82 09 06 Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 2 of 2
Copyright, Insurance services Office, Inc., 2001
ADDITIONAL INSURED ENDOF_SFATNT
FOR COMMERCIAL GE RAL LIABiLIT-l_'OLICY
Insurance Company T-vvj rscssuskymseramer
This endorsement modifies such insurance as is afforded by the proti isiow of Police
4 e2e2252LIRA relating to the following:
1. T7te City of Santa Ana, 20 Civic Center Plaza. Sant:. ;Ina, (:alifornia `i:":1 t,
officers, employees, agents, volunteers and representatives are natr of as additional n:..r
("additional insureds") with regard to liability and defense of suits arising Rom the olr:rati• -.
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations trd uses performel h_.; r
behalf of the named insured, such insurance as is afforded by this tolicy is. prim Iry - t:I is
additional to or contributing with any other insurance carried by or for the ben fit of Ik
additional insureds.
3. This insurance applies separately to each insumd against whom claim i • mi..
suit is brought exoapt with respect to the company's limits of liability'. 'flit inelusicn •I .3
person or organization as an insured shall not affect any right whie a such »erson or , r;:uti:
would have as a claimant if not m included.
4. With respect to the additional insureds. this insurance shall not he cam:: fi ,l
materially reduced in coverage or limits except after thirty (30) dais r4ittm noh.ce h:n; bee •1
givers to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, cC,difomia 92701.
(Completion of the following. including countersignature, isr.quirxltorn akethis ell nx;e• ,
effective.)
Effective owmm7 this endorsement form as a pare (:f
Policy # 69e1252d0.s
Issued to ScottF=eka&AiseNYes _
Named Insured
Countersigned by v�i 1 7, . ..1..
Authorized Repres ative