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HomeMy WebLinkAboutCAA PLANNING 1ACity of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M -30). Call 647 -6520 if you have any questions. The agreement with No. # A -2008- /(/, 60 W and final payment has been made. ss (1) Cart, 4 R -z ®o t - lob DO I (10) tea, a7� 2013 1tUG —7 M 9t 13 CH "I' ; f VNT{ ANA: CLERK OF COUNCtL was completed on 6 (-�o f -zw 1 Department N 4 Phone /Ext.: k -r 1 ^C Signature: �` 5 Date: �( 31 13 e/ Y INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES C} / / / - I. ? CLERK OF COUNCIL DATE: 'juL 16 ZOOS FIRST AMENDMENT TO t'• �+ /'*�'�; CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June 2, 2008, by and between CAA Planning, a California corporation ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS: A. The parties entered into Agreement # A- 2007 -155, dated June 18, 2007, (hereinafter "said Agreement ") by which Consultant has provided environmental consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and amend the Scope of Services and Fee Schedule to reflect additional staff and increased fees during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall provide traffic/ transportation technical study services pursuant to the California Environmental Quality Act and the National Environmental Policy Act, as set forth in City's Request for Qualifications for Environmental Consultants, incorporated to this Agreement by reference, and Consultant's Proposal, attached to this First Amendment to Agreement as Exhibit A -1 and incorporated by reference. Said services shall be provided at request of the Executive Director of the Planning and Building Agency, as evidenced by a writing signed by the Executive Director and the City Attorney." 2. Section 3.a., COMPENSATION, shall be amended by replacing the fee schedule set forth in Exhibit A with the new fee schedule set forth in Exhibit A -1, attached hereto. 3. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. A- 2008 -106 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: X/, 10 -0 �/ La Sheerly Assistant City A orney CITY OF SANTA ANA 1 DAVID N. REAM City Manager CAA PLANNING ri s I . Firm Background/ History Business Organization Throughout public agencies and within the business community, CAA Planning (CAA) is recognized as an environmental and planning consulting firm offering the highest level of technical expertise and professional capability. CAA is known for its exceptional depth of senior talent, its self - starter philosophy, and its commitment — as a partner to the client — to handle every project as if it were our own. With many years of experience in the public and private sectors, CAA is deeply involved in the intricacies of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) analysis, as well as the planning and entitlement process. CAA's expertise can save clients time and money where it counts the most, and CAA is known for its outstanding adherence to strict schedules. In working with public agencies, CAA serves as an extension of staff, enhancing the City of Santa Ana team. CAA does not assume more work than we can do well, and CAA does not put inexperienced people in charge of a project. CAA possesses senior management level personnel knowledgeable in virtually every expertise touching the planning process. This makes CAA's CEQA/NEPA compliance documents above reproach, since a large part of the environmental planning process is the anticipation of issues before they are stated to the City. This saves time, money, and effort, and results in an environmental analysis process of great integrity. The principals of CAA have processed environmental documents ranging in size from large to small, controversial to routine, finite to evolving. CAA, a California corporation, is an urban planning and environmental impact documentation consulting company providing services to the private and public land development community. The principal offices of CAA are located in the City of Aliso Viejo in southern Orange County. Our contact information is provided below. CAA Planning 949 -581 -2888 85 Argonaut, Suite 220 949 -581 -3599 fax Aliso Viejo, CA 92656 mail @caaplanning.com CAA is proposed to be the primary firm for providing services requested in the RFQ. As individual -- projects are identified, technical subconsultants in specific areas may be necessary, such as for the preparation of traffic, noise, or air quality assessments. Any proposed subconsultants would be submitted for review and approval prior to commencement of work on a particular project. A partial listing of potential sub - consultants is provided in the organizational chart on page seven. Company History Established in 1981, CAA was organized with the philosophy that the process of achieving the goals of our clients is best accomplished by a management team that produces informative, legally defensible implementation documents for carrying out a project. Our extensive experience in and for the public sector enables us to establish an instant and effective relationship with staff, decision makers, and the public. Our strong public hearing and public speaking skills are often called upon by public agencies to assist in the public debate of a project. The corporation is led and owned by C. David Culbertson, Chairman, and Shawna L. Schaffner, Chief Executive Officer. The company is organized into three functional areas of expertise: CEQA/NEPA, Current Planning (including major project management); and the California Coastal Act. In addition to three principals, the company employs six professional and administrative support staff. The CEQA 9 City of Santa Ana Environmental Consulting Services Statement of Qualifications Section includes three professional full -time staff. Additional professional planning staff members regularly provide services to CAA on a contract basis for CEQA/NEPA- related matters. 2. Work /Services Approach CAA's role in the preparation of a project's CEQA compliance documentation is to provide an objective evaluation of a project's potential environmental effects. CAA's role in communicating results of a project's study to the public at large is primarily through preparation of thorough and easy -to -use documents. The ability to distill material that is frequently very technical into an accessible format is ' essential. CAA often provides executive summaries and user - friendly synopses to upload onto agency websites to facilitate additional outreach beyond that legally mandated by CEQA/NEPA and other federal and state laws. In addition, an important role CAA undertakes for each project is to educate the local public regarding the span and limitations of environmental review, and to identify opportunities for public input. An individual project's results are typically categorized as significant, less than significant with mitigation, less than significant, or no impact. Mitigation measures are identified where needed and available to reduce potentially significant impacts. We see ourselves as an extension of City staff to help ensure project success. Our extensive experience in the public sector enables us to establish an instant and effective relationship with staff, decision makers, and the public. We provide a "soup to nuts" support for project environmental compliance, not just drafting of the CEQA/NEPA document. Early in the process, we can help develop project strategies to minimize time and monies spent and also provide mitigation monitoring during project construction to ensure full CEQA/NEPA compliance to protect the City. CAA will provide environmental consulting services to the City to perform the necessary environmental planning and management tasks to prepare and adopt CEQA/NEPA compliance documentation for various projects as identified. These services will assist in complying with applicable environmental regulations and policies. The scope of CEQA/NEPA compliance services that CAA offers includes not only the environmental clearances for the proposed individual development projects, but on -call availability for questions and consultations as needed. CAA's expertise in CEQA/NEPA is unsurpassed. Within the scope of the contract services, CAA will assist in the preparation, processing, and approval of documentation related to CEQA/NEPA for implementation of individually proposed projects of varying scale and complexity. This includes providing advice to approaches on handling complex environmental analyses. CAA will assist with applicable state and federal agencies and other affected parties concerning documentation and project approvals. 3. Project Initiation and Process Communication will play a major role in the execution and conduct of the environmental consulting contract with the City. Poor communication can result in project delays, missed deadlines, and potential losses in funding for grants, etc. In keeping with its reputation of meeting project schedules and assuring the client's accessibility to accountable staff, CAA proposes a well defined and proven methodology of effecting and maintaining a smooth project implementation and providing excellent responses to the environmental consulting needs of the City. 0?9112�ii 2 City of Santa Ana Environmental Consulting Services Statement of Qualfcations L A representative CAA methodology consists of ten components that follow. Please keep in mind this approach is very flexible and can be amended or further tailored to meet any client's needs. To ensure that accountability is clearly defined in the contract, first lines of communication between the client and the CAA team will be with the CAA Principal -In- Charge and the designated CAA Project Manager. 2. The project kick- off/startup meeting will be attended by the CAA Principal -In- Charge and the CAA Project Manager. 3. All subsequent project management meetings will be attended by the CAA Project Manager or, in his/her absence, by the Principal -In- Charge. 4. Within five working days, as a follow -up to all meetings, the attending CAA principal will provide a concurrence memo to the Client Project Manager outlining action points, decisions, and assignments. The CAA Project Manager will indicate CAA's initial thoughts on the project within five working days to the Client Project Manager. Concurrently, the CAA Project Manager will request additional information, as needed. For minor projects, the Project Manager will initiate the environmental process. For purposes of this proposal, a "minor project" is defined as a project resulting in the preparation of a Categorical Exemption, a Statutory Exemption, a Categorical Exclusion, or a simple Negative Declaration (one with only minor mitigation, if any). 6. For major projects (e.g., Environmental Impact Reports), the CAA Project Manager will submit a brief Scope of Work to the client for review and approval. The document will identify CAA's understanding of the project and the scope of work, including methodology and sampling protocol, if appropriate, names of individuals and subconsultants assigned to carry out tasks, an estimated cost based upon the appropriate fee schedule(s), and project schedule /duration. 7. For complex projects, the CAA Project Manager will schedule regular meetings with the designated Client Project Manager. 8. The CAA Project Manager will provide, at a minimum, monthly status reports to the Client Project Manager. 9. E -mail, fax, courier service, and overnight delivery will be used on a regular basis to expedite communication. Memos, draft documents, and minor reports will be transmitted by these media, as appropriate. 10. In all cases, draft CEQA documents and notices will be provided for review, comment, and approval prior to finalization and public release. The combination of the CAA approach to City projects and the experience and expertise of staff will enable the prompt development and processing of environmental compliance documentation for all levels of projects proposed. CAA can be prepared to commence project initiation and processing immediately after selection by the City. 4. Quality Assurance Plan When an individual project is identified, CAA will prepare a detailed scope of work and cost proposal for City review and approval. Through initial consultation, CAA will develop a precise project description to be used during the execution of the project. Early consultation with affected stakeholders, such as resource 3 City of Santa Ana Environmental Consulting Services Statement of Qualifications agencies, municipalities, local organizations, and/or neighbors is recommended to solicit input on potential project issues. These approaches make for a much more predictable environmental review process and reduce changes in contract scope and budget. Project budgets are broken out into tasks with an associated line item amount depending upon the unique issues and processing needs for that project. Contract budgets are monitored weekly to ensure the project is within budget, as well as the cost allocated for each task. If unanticipated issues are identified, deviations from the original scope of work and/or project description will be brought immediately to the City's attention with a description of the additional work required and associated costs, if any. Prior to submittal to the City, work products are thoroughly reviewed internally by senior project management. Screencheck copies of documents will be provided for review and approval prior to finalization and being made available to the public. Project management costs are built into billing rates for all senior level staff. Initial training of staff is never billed to CAA clients. Questions on bills for a project are handled directly by the Principal in Charge, and clients are encouraged to contact CAA on any billing questions or dispute of charges. 5. Staff Qualifications/ Personnel Experience Because of its corporate philosophy, CAA can expand or contract its organization by association with appropriate professionals in the field. CAA can provide the full range of environmental and technical services for any project undertaken by a public agency, whether in -house or by aggressive management of subconsultants. Most importantly, CAA has represented many municipalities and school districts on CEQA - related matters and projects. Because of our size, CAA is selective concerning the number of projects for which the firm is responsible at any given time. This philosophy ensures that each project is managed personally by a firm principal who works directly with the client on every facet of the project. The experience of the project manager and key personnel are described below. The CAA team brings years of experience across a wide range of projects. The CAA CEQA team is led by Shawna L. Schaffner, Chief Executive Officer, and includes Thomas B. Mathews, President; Paul E. Shaver, Manager of Planning and Engineering Services; Kathleen M. Crum, Associate Planner and Margaret F. Partridge, Associate Planner. Complete staff resumes for the CEQA team are included in Appendix A. Shawna L. Schaffner As Chief Executive Officer, Ms. Schaffner oversees the daily operations at CAA and is head of CAA's CEQA planning program. Ms. Schaffner focuses on the preparation of environmental compliance documents and processes for CEQA/NEPA engagements, managing project coordination and completion among subconsultants, clients, and staff experts. Ms. Schaffner has maintained an energy among CAA's staff for rigorous analysis in environmental documents. CAA's environmental analyses, therefore, not only consist of accurate, comprehensive inventories and rigorous analysis, but also focus on problem solving. Ms. Schaffner has worked closely with local cities, counties and school districts in the preparation of CEQA required reports for residential, commercial, and public facility projects. In addition to her work under CEQA, Ms. Schaffner has extensive experience in current planning. She has worked on the preparation and processing of numerous Planned Community District Regulations, zone changes and Coastal Development Permits. Ms. Schaffner would be the project manager for any proposed work for the City of Santa Ana. 4 City of Santa Ana Environmental Consulting Services Statement of Qualifications Thomas B. Mathews As President of CAA, Mr. Mathews provides direct project management services for several of the Company's larger clients on a wide range of project types in several jurisdictions. In addition to project management, his expertise includes effective coordination among clients, subconsultants, and staff resources. His past experience managing and implementing entitlements for numerous planned communities in Orange County is a valuable asset to the environmental team. With over 30 years as a professional planner, Mr. Mathews is recognized in both the public and private sectors as an accomplished manager. He understands the critical time- sensitive nature and fiduciary obligations of programming and managing large -scale and complex projects. Paul E. Shaver The CEQA team is further enhanced by the contributions of Paul Shaver. As Manager of Planning and Engineering Services at CAA, Mr. Shaver is responsible for the day -to -day management of entitlement and permitting for all development projects. This expertise brings a key skill set that allows for a successful interface with CEQA, specifically pertaining to the development of relevant and effective mitigation measures. Additionally, Mr. Shaver brings extensive experience managing the coordination of engineering and utilities for large construction projects. In particular, Mr. Shaver's recent assignment with Soka University, where he was responsible for the coordination of all grading and site improvement plans, provides value -added expertise to CAA and the City. Kathleen M. Crum, Associate Planner As Associate Planner, Ms. Crum assists in the research for CEQA related projects and in the preparation of EIRs and Environmental Assessments. As a prior legal assistant at CAA, she has been responsible for research and analysis of environmental cases, as well as assisting in the preparation of documentation for clients and governmental agencies. Ms. Crum has extensive experience with the California Coastal Act, and works on numerous projects requiring interface with the California Coastal Commission. Previously, Ms. Crum worked in the construction and planning departments at Mission Viejo Company, assisting in the preparation of various documents involved in processing projects through county approval. Margaret F. Partridge, Associate Planner As an Associate Planner, Ms. Partridge brings her wealth of public and private sector CEQA planning experience to her work at CAA. Responsible for land -use research and environmental entitlement processing, her recent assignments have ranged from school site analysis to the authoring of complex entitlement documents for a high -end office and retail center. Previously, Ms. Partridge received her master's degree in Urban and Regional Planning and has worked for a private environmental consulting firm, as well as local cities. CAA has never had a CEQA determination overturned by a court of appeals in over 27 years of providing urban planning and environmental impact documentation services to the public and private development communities. Although many projects have been controversial, no Negative Declaration, Environmental Determination, or Environmental Impact Report written by CAA has been overturned in a court or found inadequate by decision makers. f� 5 City of Santa Ana Environmental Consulting Services Statement of Qualifications 6. Staff Augmentation /Technical Subconsultants Based on numerous years of experience in the environmental planning field, CAA has found that an interdisciplinary team approach best serves the client's interest and ensures the integrity of a project's analysis. CAA has also determined that the top technical specialists are most often found in their own consulting businesses. Therefore, for projects requiring technical expertise in such areas as traffic, noise, air quality, geotechnical, and biological resources analysis, CAA relies upon other consultants recognized and respected in their fields. This association, in the form of subconsultant agreements, ensures that technical consultant expertise is customized to individual client and project needs. The Project Team Organization Chart provided on page seven indicates the percentage of involvement for each staff member who may actually perform work for City projects. The chart also includes a partial listing of potential subconsultant team members. The identified subconsultants do not represent a complete list of available subconsultants. Additionally, the percentage of staff time available to dedicate to a City project will vary based on the specific projects. In the past, CAA has been willing to dedicate up to 100 percent of a staff member's time to a project. CAA recognizes that each client need is different, and as a result, the use of technical consultants can be customized on a project -by- project basis. This business structure offers great cost efficiencies, as clients pay for only those technical services needed and used. Qualifications and resumes for potential technical consultant work efforts will be provided prior to the City's approval of the consultants suggested by CAA. 7. Scope of Services The scope of services provided by CAA will involve the preparation and processing of CEQA/NEPA documentation, which may include the following types of documents and services: • Preparation of Initial Study/Environmental Assessment • Preparation and processing of Negative Declarations and Mitigated Negative Declarations/Findings of No Significance (FONSI) • Preparation and processing of Environmental Impact Reports (EIR) (i.e., project, program, master, subsequent, or supplemental)/Environmental Impact Statements (EIS) • Addenda to previously approved Mitigated Negative Declarations/FONSIs • Addenda to previously certified EIRs/EISs • Notices of Preparation • Notice of Intent/Notice of Availability • Notice of Completion • Notice of Determination • Notice of Exemption • On -Call Services • Project Staff Reports • Response to Comments • Mitigation Monitoring and Reporting Programs and Plans • Resolutions • Findings of Fact • Statements of Overriding Consideration • Presentations of CEQA/NEPA process at Scoping Meetings 6 City of Santa Ana Environmental Consulting Services Statement of Qualifications 10 1 1 analyze the project and provide more detail regarding how to approach the project in a cost - effective and timely manner. 12. Fees General Conditions and Schedule of Fees for Professional Services Standard Billing Rates Effective January 1, 2008* Classification Hourly Rate Principal $275 Principal Planner 1 $150 Principal Planner II $145 Senior Project Manager $135 Project Manager $125 Engineering Coordinator $125 Senior Planner $110 Associate Planner 1 $100 Associate Planner II $85 Graphics Manager $75 Assistant Planner $65 *Rates are subject to revision effective January 1 of each year General Conditions 1. Reimbursable expenses (travel accommodations including rental vehicles and regularly scheduled commercial airline flights, food and lodging, blueprinting and reproduction, delivery/courier, supplies, extensive mailing postage, etc.) are billed at cost and are in addition to the estimated fee for the proj ect. 2. Automobile mileage outside Orange County will be billed at $0.505 per mile. 3. Hourly rates apply to work time as well as travel time and waiting time that occurs at public hearings. Rates increase 50% for depositions or court testimony. 4. Statements will be submitted monthly for work in progress or upon completion of work. Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall be subject to the maximum monthly interest charge provided by law on amounts thirty (30) days past due. If Client fails to pay Consultant within sixty (60) days after invoice is rendered, client agrees Consultant shall have the right to consider such default in payment a material breach of the entire agreement, and, upon written notice, the duties, obligations, and responsibilities of Consultant under this agreement are terminated. 5. Client hereby agrees that the balance in a billing statement is correct and binding unless the Client notifies the Consultant in writing within ten (10) days of the date of billing and informs Consultant of alleged incorrect item; provided, however, that the foregoing shall apply only to the description of work performed as set forth in the billing statement, and if after such ten (10) day period Client discovers a mathematical error in the billing statement, Client shall not be bound by the erroneous balance, which Consultant hereby agrees to correct. 6. Consultant makes no warranty as to its findings, except that the work is performed using generally accepted methods. 7. Consultant makes no warranty that the project will be approved by any governmental agency, nor endorsed by any citizens group. f 14 City of Santa Ana Environmental Consulting Services Statement of Qualifications 8. Client agrees to limit the Consultant's liability to the Client and to all Contractors and Subcontractors on the project due to Consultant's material, willful, and grossly negligent acts, errors, or omissions, to the sum of $50,000 or to the Consultant's fee, whichever is less. 9. In the event either party commences legal action to enforce this Agreement of the General Conditions, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred in the action, in addition to all other relief to which the prevailing party is entitled. 10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks in progress, except where a task was completed early, in which case it will be billed as if the task were complete. 11. Client agrees and concurs that Consultant is obligated to only Client to perform and/or receive direction or instructions on the project, and that Consultant is not obligated to perform and/or take direction or instructions from Client's other Consultants or Subconsultants without prior written notification and concurrence by Consultant. 13. Insurance Requirements Subsequent to the selection of CAA as the project consultant and prior to commencement of work, CAA will provide proof of the required insurance coverage for General Liability, Automobile Liability and Worker's Compensation. Following are responses to the insurance- related attachments in the City's RFQ. Attachment A CAA does not maintain company -owned vehicles. Insurance coverage is required and individually provided by CAA employees on personal vehicles. ' Attachment B CAA insurance is provided by The Hartford. The Hartford will provide an Additional Insured Endorsement to the City, but, by corporate policy, does not use non - Hartford forms. Due to submittal ' page limitations for the RFQ, the Endorsement form is not included herein as it exceeds 10 pages. The Endorsement will be provided prior to initiation of any projects undertaken by CAA on behalf of the City. 14. Additional Services ' Land Use Regulations More than 27 years ago, Chairman C. David Culbertson developed a new zoning philosophy and format which has since been applied to nearly every major landholding in South Orange County. ' Prior to the new philosophy, nearly all zoning regulations allowed only a narrow range of uses on a piece of property. All others were prohibited. Recognizing the negative side of these rigid regulations, co- '' founder, C. David Culbertson developed a more builder /developer friendly zoning format and philosophy that was adopted by the County of Orange. One of the major benefits of this new zoning philosophy is the ability to respond to market forces without ' the need for unnecessary, time consuming and costly zone changes and amendments. This approach can be applied to zoning, specific plans, and local coastal programs. Major landowners throughout southern California have adopted CAA's philosophy because it saves money and time for large -scale comprehensive ' land development. 95 City of Santa Ana Environmental Consulting Services Statement of Qualifications ACORD CERTIFICATE OF LIABILITY INSURANCE DAT04/101200 YY> TM. PRODUCER Phone: (949) 597 -1001 Fax: (949)597 -2199 ALLIED BROKERS 26487 RANCHO PARKWAYS LAKE FOREST CA 92630 A-2008-106 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD INSURERS AFFORDING COVERAGE NAIC # Agency Lic#: OF65208 GENERAL INSURED INSURER A: Hartford Casualty Insurance Company 29424 INSURER B: Oak River Insurance Company 34630 85 ARGONAUT, ADAMS &ASSOCIATES, INC. 85 ARGONAUT, SUITE 220 INSURER C: Houston Casualty Company 42374 INSURER D: ALISO VIEJO CA 92656 COMMERCIAL GENERAL LIABILITY CLAIMS MADE FV7 OCCUR INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR INSR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD POLICY EXPIRAIiON DATE MMD /D -- LIMITS AUTHORIZED ENTATIVOE GENERAL LIABILITY 72SBANI1293 08/01/07 08/01/08 EACH OCCURRENCE $ 2,000,000 X PREMISES DAMAGE TO (Ea RENTED Ix) $ 300,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE FV7 OCCUR MED. EXP (Any one person) $ 10,000 PERSONAL 6 ADV INJURY $ 2,000,000 A GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE 0 LOC PRODUCTS- COMP /OP AGG. $ 4,000,000 AUTOMOBILE LIABILITY ANY AUTO 72SBAN11293 08/01/07 08/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A HIRED AUTOS NON -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS / UMBRELLA LIABILITY OCCUR El CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2210013354 -071 08/31/07 08/31/08 TORY uMITS OTHER E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? If yea, describe under E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below C OTHER: Professional Liability Claims Made Form H70616295 01/01/08 10/08/08 $3,000,000 per occurrence $3,000,000 General Aggregate $10,000 Deductible Each Claim DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIA P OVISIONS *Except 10 days for non payment of premium. CITY OF SANTA ANA, ITS OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES SHALL BE NAMED AS AN ADDITIONAL INSURED PER ATTACHMENT B. CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30' PLANNING AND BUILDING AGENCY DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE 20 CIVIC CENTER PLACE INSURER, ITS AGENTS OR REPRESENTATIVES. SANTA ANA, CA 92702 AUTHORIZED ENTATIVOE Attention: Ar`non Oe renn.l In o� I___ - ---r ..�I UZFV4 v 9 ACORD CORPORATION 1988 ATTACHMENT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company HARTFORD CASUALTY INS co This endorsom_ent modifies such insurance as is afforripd by the provisions of--Policy _ 72SRANTI _93 relating to the following, 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured's ( "additional insured's") with regard to liability and defense of suits arising rrom 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 in 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 insured's. 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 -- A,,.,t 1, inn,7 , this. endorsement form as a part of Policy # —:726BANV 2_0_3 Issued to GU AIEPIT-9 My- P TM" Named nsurp Countersigned by thorized Representative C1916% ACORD,a CERTIFICATE OF LIABILITY INSURANCE DATE02708YYYY) 09 /EIN DD PRODUCER LIC #OD10299 1- 949 -297 -4900 venture Pacific Insurance Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INSR R HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26487 Rancho Parkway South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# Lake Forest, CA 92630 29424 INSURED Culbertson Adams & Associates, Inc. INSURERA. HARTFORD CAS INS CO INSURERS: OAR RIVER INS CO 34630 85 Argonaut, Suite 220 INSURERC HOUSTON CAB CO 42374 INSURER D. Aliso Viejo, CA 92656 _ -- INSURER E: $300,000 MEDEXP(AnyonePerson) COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR R DD'L - Y NUMBER POLIC POLICYEFFECTIVE DATE MMIDDI POUCYEXPIRATION DATE MMIDDrYY) LIMOS A GENERALLIABILITY 72SBAN11293 08/01/08 08/01/09 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY )M=ETO] RENTED —_ PREMISES(Eacccurence ) $300,000 MEDEXP(AnyonePerson) CLAIMSMADE X7 OCCUR __$10,000 PERSONAL& ADV INJURY 52,000,000 ' GENERAL AGGREGATE $4,000,000 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS COMPIOPAGG $4,000,000 X POLICY F 'ERCT LOC A AUTOMOBILE LIABILITY 72SHANI1293 08/01/08 08/01/09 COMBINED SINGLE LIMIT $2,000,000 ANY AUTO (Eaacndent) BODILY INJURY ALL OWNED AUTOS $ SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY I $ X NON -OWNED AUTOS — I Per..,Jert) PROPE RTY DAMAGE 5 (PerawidI GARAGE LIABILITY', _ , AUTO ONLY - EA ACCIDENT $ ANY AUTO I ..: EA ACS $ OUTOONLYN AGG EXCESSIUMBRELLA LIABILITY / ✓ EACHOCCURRENCE $ OCCUR CLAIMS MADE' - AGGREGATE S DEDUCTIBLE S RETENTION S $ e WORKERS COMPENSATION AND 2210013354 -081 08/31/08 08/31/09 X WCSTATU- OTH _._.TORY LIMITS __. ER- EMPLOYERS'LIABILITV ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT C$1,000,000 'OFFICER /MEMBER EXCLUDED? E.L. DISEASE EA EMPLOYEE $1,000,000 If yes, tlesonee under As PROVISIONS below E. L. DISEASE - POLICY LIMIT $1,000,000 OTHER C Professional Liability H70616295 10/08/07 10/08/08 Claims Made Form 3,000,000 Aggregate 3,000,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *Except 10 days for non payment of premium. CITY OF SANTA ANA, ITS OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEES SHALL BE NAMED AS ADDITIONAL INSURED PER HARTFORD FORM ATTACHED. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) eokuda 9681887 Certificate Delivery by CerlificatesNow - www.ConfinTNelcom - 877.669.8600 ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL AIII MAIL 30 DAYS WRITTEN PLANNING AND BUILDING AGENCY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, %xaci{re wSx>nu�I�oarAr�clox tmuaw wwi{x o7Nlxix�iut9wrtiKilxi{I{X 20 CIVIC CENTER PLACE X EIfpNO( CyXXXX% XX XXXX%%X% XX %XXXXX % %XX%XXXXXX%XX%XXXXXXXX AUTHORIZED REPRESENTATIVE SAMTA ANA, CA 92702 USA ACORD 25 (2001108) eokuda 9681887 Certificate Delivery by CerlificatesNow - www.ConfinTNelcom - 877.669.8600 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 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 it the Declarations as a. An inclivldual, 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 'united liability company, you are an insured. Your members are also irsureds, 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, ,pint 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 stockholder 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 orjoint 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 dunes 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 (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 ander 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 liabilty 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 160th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and BUSINESS LIABILITY COVERAGE FORM 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. 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 ci 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 organizations) 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 (f) 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 additional insured under this provision if such connection with the sale of the person or organization is included as an product; 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 below as vendor), but only with respect to negligence of the vendor for its "bodily injury" y 7 ry" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: 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 insurence does not apply to course of business, in (a) "Bodily injury" or properly P y connection with the distribution damage" for which the vendor is or sale of the products. obligated to pay damages by (2) This insurance does rot apply to any reason of the assumption of insured person or organization fiom 'iabillty in a contract or agreement. whom you have acquired such products, This exclusion does not apply lu or any ingredient, part or container, liability for damages that the entering into, accompany;ng 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 An O y physical chemical change with respect to their liability for "bodily t in the product made intentionally injury", "property damage" or by the vendor; "personal and advertising injury" (d) Repackaging, except when caused, in whole or in part, by your unpacked solely for the purpose of maintenance, operation or use of inspection, demonstration, testing, equipment leased to you by such or the substitution of parts under person or organization. instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 C. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this Insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. Architects, Engineers Or Surveyors (1) Any architect. engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your prem ses; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With rrsject to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (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. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations Performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard ". It. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard ", but only if (i) The written contract or written agreement requires you to piovice such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - compieted operations hazard ". (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 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 parmership, 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- complaled operations hazard" Is [lie Rod,irts- Cnmploted Operations Aggregate Limit shown in the Declarations. h. 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" ownea by or rented to you. "Locatlon" 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 wMle 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.a. 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. 5. 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, Gghtning 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 or: 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 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance Linder this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit" single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit ". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigaf.on, The Limits of Insurance of this Coverage Part apply settlement of the claim or defense "suit "; against the and separately to each consecutive annual period and to (4) Assist any remaining period of less than 12 months, starting us, upon our request, in the with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of Injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's awn GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also he covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply P to practicable of an "occurrence' or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) Hcw, when and where the "occurrence" non - contributory with the additional or offense took place; insured's own insurance. f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and (3) The nature and location of any injury Paragraphs a. and b. app'.y to you or to or damage arising out of the any additional Insured only when such "occurrence ", "occurrence" or offense. offense, claim or "suit" is known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional elaim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the "suit" (5) Any trustee, if you or an add-- .tional claim or as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM 3. 4. U 6. This Paragraph I. applies separately to you and any additional insured. Financial Responsibility Laws a. When this policy is certified as proof of Financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law I With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, urderinsured motorists, no -fault or other coverage required by any motor vehicle law, We will provide the required limits for those coverages. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an ensured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Separation Of Insureds Except with respect to the Limits of Insurance. and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Otherinsurance If other valid and collectible insurance is available for a loss %e cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. I Excesslnsurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work" (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft It the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary is you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other Insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written curthact, written agreement or permit that this insurance is primary and non - contributory svith the additional insured's own Insuance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance Is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend me insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicahle limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Paymerts, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the ! insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, vie have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below; 1. Additional Insured - Designated Pension Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organizations) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf a. In the performance of your ongoing operations; or b. In connection with your prernises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or or ganization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership. maintenance or use of that pact of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3, Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organizations) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily njury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply This insurance does not apply lo: (1) Any " occurence" that takes place after you cease to lease that land, or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured - Stale Or Political Subdivision - (e) Any faiiure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed 'personal and advertising injury" at the vendor's premises in arising out of operations performed for connection with the sale of the the state or municipality; or product; 2 "Bodily injury" or O j y' "property damage" (9) Products which, after distribution e included " the "product - completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured - Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the persons) or organization(s) damage' arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's business and only if this Coverage Part d (i) The exceptions contained in provides coverage for "bodily injury' or Subparagraphs (d) or (f); or "property damage" included within the (ii) Such inspections, "products- completed operations hazard ", adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily irjjry" or "property the distribution or, sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreament. whom you have acquired such This exclusion does riot apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor wouA have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured - Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organizations) shown in the by the vendor; Declarations as an Additional Insured - fd) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the pri of Inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control Instructions from the manufacturer, while you lease or occupy these premises, and then repackaged in the original container, Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM Th.s insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the persons) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s), or (2) In connection with "your work" purormed for that additional insured and included within the "products - completed operations hazard ", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any p,ofessional arch itoctu rat, engineering or surveying services, including: (1) 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 (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organizaticnfs) shown in the Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with respect to their liability as co -owner of the prem -uses shown in the Declarations. 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 .nsured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services `through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or G. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means Lny idea for an "advertisement ". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged prepc:rtres of asbestos and includes the mare presence of asbestos in any form. 4. "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment ". S. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, it arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 (Ed 01 -07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the California workers' compensation premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.00 Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ALL CALIFORNIA OPERATIONS ISSUED This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated, (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08.131;2008 Policy No. 2200013354 -082 Endorsement No. 1 Insured CULBERTSON ADAMS & ASSOCIATES, INC. Premium $ insurance Company Countersigned by 6' .44� Xlii? 08 Oak River Insurance Company WC 99 04 10 (Ed 01 -07)