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LIDGARD AND ASSOCIATES 6 -2010
i ~ t;~ i;~ E t . ~ ~ N'2010-047 ' ! ~ li , .XPIRES 3 -.1.- % - .ii ci;i ~y,: ~ CONSULTANT AGREEMENT BETWEEN THE ~ Z .~1~~ ~ `QTY OF SANTA ANA AND LIDGARD & ASSOCIATES, INC. o; cn~ C Mary ~oUilAr THIS AGREEMENT, made and entered into this 1S` day of June, 2010, by and between Lidgard & Associates, Inc. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the state of California (hereinafter "City"). RECITALS A. Title III of Division B of the Housing and Economic Recovery Act of 2008 (Pub. L 110-289, 122 Stat. 2654 enacted 3uly 30, 2009) makes available to certain qualified municipalities for certain qualified grant funds termed Neighborhood Stabilization Program under a program termed the Neighborhood Stabilization Program. B. The City desires to retain a consultant having special skill and knowledge in the field of real property acquisition and appraisal services for the Neighborhood Stabilization Program (NSP). C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 A. Consultant shall perform real property consulting and appraisal services for the NSP Homeownership Program at the following prices: "As-Is" Appraisal $400.00 "Repaired Value" Appraisal $300.00 Updated "Repaired Value Appraisal $200.00 TOTAL : $900.00 maximum per property B. Appraisals for any other program (Downpayment Assistance Program or Rental Housing) shall be charged the Rates per the Consultant Fee Schedule attached hereto and incorporated herein as Exhibit A. C. Consultant must complete and attach a U.S. Department of Housing and Urban Development Certificate of Appraiser for each appraisal. See attached copy of form attached hereto and incorporated herein as Exhibit B. 1 C. Consultant must follow the U.S. Department of Housing and Urban Development Guide for Preparing an Appraisal Scope of Work, attached hereto and incorporated herein as Exhibit C. D. Each appraisal must be completed by Consultant within five (5) working days from the day requested by the City. E. Consultant shall not subcontract any assignment from the City. F. Failure to work within this Scope of Work may result in termination of this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon expenditure of all funds, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Deputy City Manager for Development Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply the City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit D upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Legal Counsel. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance. 3 ' + t i 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1}for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 4 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 Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. BOX 1988 Santa Ana, California 92702 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647-6515 To Consultant: Lidgard & Associates, Inc. 2592 N. Santiago Blvd. Orange, CA 90670 Phone: (714) 633-8441 Telefacsimile (714) 633-8449 Attn: Scott Lidgard A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor 5 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 Deputy City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 6 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. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~C Maria D. Huizar David N. Ream Clerk of the Council City Manager APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa E. Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT _ . f ~ . Cynthia J. Nel on, Deputy City Manager ame: Scott Lidgard For Development Services Title: President Community Development Agency Tax ID# ~ 3 , p ~'o g 6 S Z g EXHIBIT A i EEE SCHEDULE TYPE OF APPRAISAL FEE Single Family Residential (NSP format) 'As-Is Appraisal' $400 'Repaired Value' Appraisal 3 Updated 'Repaired Value Appraisal' 200 Tota! Maximum per NSP property: $90a fVluitifamify Residential 2-4 Units $1,100 - $1,500 i 5-10 Units $1,550 - $1,850 11-20 Units $1,900 - $2,650 21-30 Units $2,700 - $3,200 31+ Units $3,250 - $3,500 Multiple buildings $1,100 - $3,500 i ~l appraisal reports are in narrative format. - 3 ` t l 5 1 _ ! 1 l i1# i i i LIDGARI~ A1VD ASSOCIATES APPRAISERS-C6NSULTANTS ~ I i EXIBIT B HUD CERTIFICATE OF APPRAISER I hereby certify: That on date(s), I personally made a field inspection of the property herein appraised and have afforded the owner or a designated representative the opportunity to accompany me on this inspection. I have also personally made a field inspection of the comparable sales relied upon in making said appraisal. The property being appraised and the comparable sales relied upon in making this appraisal were as represented in the appraisal. That to the best of my knowledge and belief the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct; subject to the limiting conditions therein set forth. That I understand that such appraisal may be used in connection with the acquisition of property for a project utilizing U.S. Department of Housing and Urban Development funds. That such appraisal has been made in conformity with appropriate laws, regulations, and policies and procedures applicable to appraisal of property for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State. That any decrease or increase in the fair market value of real property prior to the date of valuation caused by the project for which such property is acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner, was disregarded in determining the compensation for the property. That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the acquiring agency or officials of the U.S. Department of Housing and Urban Development and I will not do so until so authorized by said officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. That I have not given consideration to, or included in my appraisal, any allowance for relocation assistance benefits. That my opinion of the fair market value of the property to be acquired as of the day of 20 is $ based upon my independent appraisal and the exercise of my professional judgment. Name Signature Date (Note: Other statements, required by the regulations of an appraisal organization of which the appraiser is a member or by circumstances connected with the appraisal assignment or the preparation of the appraisal, maybe inserted where appropriate.) EXHIBIT C U.S. Department of Housing and Urban Development (HUD) Guide for Preparing An Appraisal Scope of Work HUD Handbook 1378, Appendix 19 The Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and its implementing regulations (49 CFR Part 24) set forth minimum requirements for real property acquisition appraisals for Federal and federally-assisted programs. Appraisals subject to the URA must be prepared according to these requirements. The acquiring agency may also have additional supplemental appraisal requirements which may be attached. The acquiring agency has a legitimate role in contributing to the appraisal process, especially in developing the scope of work and defining the appraisal problem. The scope of work and development of an appraisal under these requirements depends on the complexity of the appraisal problem The scope of work is a written set of expectations that form an agreement or understanding between the appraiser and the agency as to the specific requirements of the appraisal, resulting in a report to be delivered to the agency by the appraiser. It includes identification of the intended use and intended user; definition of fair market value; statement of assumptions and limiting conditions; and certifications. It should specify performance requirements, or it should reference them from another source, such as the agency's appraisal procedural manual. The scope of work must address the unique, unusual and variable appraisal performance requirements of the appraisal. Either the appraiser or the agency may recommend modifications to the initial scope of work, but both parties must approve changes. SCOPE OF WORK: The appraiser must, at a minimum: 1. Provide an appraisal meeting the definition of an appraisal found at 49 CFR 24.2(a)(3). 2. Afford the property owner or the owner's designated representative the opportunity to accompany the appraiser on the inspection of the property. 3. Perform an inspection of the subject property. The inspection should be appropriate for the appraisal problem, and the scope of work should address: • The extent of the inspection and description of the neighborhood and proposed project area, • The extent of the subject property inspection, including interior and exterior areas, • The level of detail of the description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, the remaining property), 4. In the appraisal report, include an adequate description of the physical characteristics of the property being appraised (i.e., sketch of the property and provide the location and dimensions of any improvements) and a description of comparable sales. The appraisal report should also include adequate photographs of the subject property and comparable sales, and provide location maps of the property and comparable sales 5. In the appraisal report, include items required by the acquiring agency, including but not limited to the following: • Property right(s) to be acquired, e.g., fee simple, easement, etc., • Value being appraised (usually fair market value), and its definition • Appraised as if free and clear of contamination (or as specified), • Date of the appraisal report and the date of valuation, • A realty/personality report as required by 49 CFR 24.103(a)(2)(i), • Known and observed encumbrances, if any, • Title information, • Location, • Zoning, • Present use, and • At least a 5-year sales history of the property. 6. In the appraisal report, identify the highest and best use. If highest and best use is in question or different from the existing use, provide an appropriate analysis identifying the market-based highest and best use. 7. Present and analyze relevant market information. (Specific requirements for market information should be included in the agency's appraisal procedural manual and should include research, analysis, and verification of comparable sales. Inspection of the comparable sales should also be specified.) 8. In developing and reporting the appraisal, disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project. (If necessary, the appraiser may cite the Jurisdictional Exception or Supplemental Standards Rules under USPAP to ensure compliance with USPAP while following this and other Uniform Act requirements.) 9. Report his or her analysis, opinions, and conclusions in the appraisal report. ADDITIONAL REQUIREMENTS FOR A SCOPE OF WORK• INTENDED USE: This appraisal is to estimate the fair market value of the property, as of the specified date of valuation, for the proposed acquisition of the property rights specified (i.e., fee simple, etc.) for a Federally assisted project. INTENDED USER: The intended user of this appraisal report is primarily the acquiring agency, but its funding partners may review the appraisal as part of their program oversight activities. App. 19-2 [03/07) 1378 CHG-8 Appendix 19 DEFINITION OF FAIR MARKET VALUE: This is determined by State law. Fair market value, however, is generally defined as the price that a seller is willing to accept and a buyer is willing to pay on the open market in an arm's length transaction, and usually includes the following: 1. Buyer and seller are typically motivated; 2. Both parties are well informed or well advised, each acting in what he or she considers his or her own best interest; 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. CERTIFICATION: The appraisal shall include a certification of the appraiser (see attached sample). ASSUMPTIODJS AND LIMITING CONDITIONS: The appraiser shall state all relevant assumptions and limiting conditions. In addition, the acquiring agency may provide other assumptions and conditions that may be required for the particular appraisal assignment, such as: • The data search requirements and parameters that may be required for the project. • Identification of the technology requirements, including approaches to value, to be used to analyze the data. • Need for machinery and equipment appraisals, soil studies, potential zoning changes, etc. • Instructions to the appraiser to appraise the property "As Is" or subject to repairs or corrective action. • As applicable include any information on property contamination to be provided and considered by the appraiser in making the appraisal. EXHIBIT D ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 9 ACS ® C E RTI F DATE (MM/DDIYYYY) KATE OF LIABILITY INSURANCE 3/12/2010 PRODUCER (714) 414-1167 FAX: (714) 414-1195 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Commercial Management Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8101 E . Kaiser Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 140 Anaheim Hills CA 92808 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Continental Casualty Company Lidgard & Associates Inc. INSURERB:Continental Insurance Co. 2592 N Santiago B1Vd INSURER C: INSURER D: Orange CA 92867 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OfSUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICMEFFECTIVE POLIC ~ XPIRATION LIMITS LTR TYP F I AN POLICY NUMBER i G~ENERALLIABILITY i EACHOCCURRENCE $ 1 000 000 I la 'COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300 000 A X CLAIMS MADE ~ OCCUR 3011008382 3/4/2010 3/4/2011 MEDEXP(Anyoneperson) i $ 10 000 PERSONAL & ADV INJURY $ 1 000 000 ' GENERAL AGGREGATE $ 2 000 000 ~'~G-EN'L AGGREGATE LIMIT APPLIES PER:' I PRODUCTS -COMP/OP AGG $ 2 000 000 II X POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 , 000 , 000 X ANY AUTO (Ea accident) B ALL OWNED AUTOS 3011008429 3/4/2010 3/4/2011 gODILYINJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS ' NON-OWNED AUTOS ® R,hi (PerDaccidenURY $ ! L ' O~}~!. PROPERTY DAMAGE $ V i+ (Per accident) ' I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO ^ S~ OP { r Qy OTHER THAN EA ACC $ n ;t AUTO ONLY: AGG ~ $ !EXCESS /UMBRELLA LIABILITY ~5 A55 ~ ~ EACH OCCURRENCE $ 3 000 000 OCCUR ~ CLAIMS MADE AGGREGATE $ 3 000 000 A ~ DEDUCTIBLE 3011008477 3/4/2010 .3/4/2011 ' $ X RETENTION $ 10,000 A 'WORKERS COMPENSATION I WC STATU- OTH- i $ AND EMPLOYERS' LIABILITY Y / N X ANY PROPRIETOR/PARTNER/EXECUTIVE ? E.L. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) C31100B527 3/4/2010 3/4/2011 ' E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 i OTHER i DESCRIPTION OF OPERATIONS! LOCATIONS !VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED - Owners, Lessees or Contractors (Specific) WITH RESPECTS TO GENERAL LIABLITY AS PER THE ATTACHED SB-300120-A (Ed. 01/06): WAIVER OF SUBROGATION ONLY IF REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO WORKERS' COMPENSATION APPLIES IN FAVOR OF PER FORM G-19160-B (Ed. 11/97) ATTACHED: CERTIFICATE HOLDER CANCELLATION tgilbreth@santa-ana.org SHOULD ANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATION CITY OF SANTA ANA REDEVELOPMENT AGENCY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN 2 O CIVIC CENTER PLAZA, M-37 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL SANTA ANA, CA 92701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Michael Wakely/TERESA .~~~-~--~fi ~K`~ ~1~~~--1~-- ACORD 25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (zooso>> The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01) INS025 (zoosoi ) COMMENTS/REMARKS City of Santa Ana Redevelopment Agency *30 DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM VED AS TC~ .~~ygivi ~p~0 LISA gSORCK t City Attorney Ass~stan OFREMARK COPYRIGHT 2000, AMS SERVICES INC. SB-146932-C CNA (Ed. 01108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NON-CONTRACTORS BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person ar organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. ADDITIONAL INSURED -BLANKET VENDORS h. "Bodily injury' or "property damage" WHO IS AN INSURED is amended to include as an arising out of the sole negligence of the additional insured any person or organization (referred vendor for its own acts or omission or to below as vendor} with whom you agreed, because those of its employees or anyone else of a written contract or a reement to rovide acting on its behalf. However, this g p exclusion does not apply to: insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which (1) The exceptions contained in are distributed or sold in the regular course of the Subparagraphs d. or f.; or vendor's business, subject to the following additional (2) Such inspections, adjustments, tests exclusions: or serviang as the vendor has agreed 1. The insurance afforded the vendor does not to make or normally undertakes to apply to: make in the usual course of a. "Bodily injury" or "property damage" for business, in connection with the which the vendor is obligated to pay distribution or sate of the products. damages by reason of the assumption of 2. This insurance does not apply to any insured liability in a contract or agreement. This person or organization, from whom you have exclusion does not apply to liability for acquired such products, or any ingredient, damages that the vendor would have in part or container, entering into, accompanying the absence of the contract or agreement; or containing such products. b. Any express warranty unauthorized by 3. This provision 2. does not apply to any vendor you; included as an insured by an endorsement c. An h sisal or chemical chap a in the issued by us and made a part of this Y P Y g Coverage Part. product made intentionally by the vendor; d. Re adca in except when un adced 4. This provision 2. does not apply if "bodily P 9 9. P injury" or "property damage" included within solely for the purpose of inspection, the "products-completed operations hazard" is demonstration, testing, or the substitution excluded either by the provisions of the of parts under instructions from the Coverage Part or by endorsement. manufacturer, and then repackaged in the original container, 2. MISCELLANEOUS ADDITIONAL INSUREDS e. Any failure to make such inspections, WHO IS AN INSURED is amended to include as an adjustments, tests or servicing as the insured any person or organization (called additional vendor has agreed to make or normally insured} described in paragraphs 2.a. through 2.h. undertakes to make in the usual course of below whom you are required to add as an additional business, in connection with the insured on this policy under a written contract or distribution or sale of the products; agreement but the written contract or agreement must f. Demonstration, installation, servicing or be: repair operations, except such operations 1. Currently in effect or becoming effective performed at the vendor's premises in during the term of this policy; and connection with the sale of the product; 2. Executed prior to the "bodily injury " "property g. Products which, after distribution or sale damage" or "personal and advertising injury," by you, have been labeled or relabeled or but used as a container, part or ingredient of Only the following persons or organizations are any other thing or substance by or for the additional insureds under this endorsement and vendor; or ~ . Q Pa e 1 of 3 SB-946932-C V$~ ~ g (Ed. 01!08) ~p~o (Version 1.0) S'~ORGK 9A ~CitY Attorney/ Assistar SB-146932-C (Ed. 01!08) coverage provided to such additional insureds is entrances, coal hales, driveways, limited as provided herein: manholes, marquees, hoistaway a. Additional Insured -Your Work openings, sidewalk vaults, street banners, or decorations and That person or organization for whom you similar exposures; or do work is an additional insured solely for liability due to your negligence spedfically (b) The construction, erection, or resulting from your work for the additional removal of elevators; or insured which is the subject of the written (2) This insurance applies only with contract or written agreement. No respect to operations performed by coverage applies to liability resulting from you or on your behalf for which the the sole negligence of the additional state or political subdivision has insured. issued a permit. The insurance provided to the additional This insurance does not apply to "bodily insured is limited as follows: injury," "property damage" or "personal (1) The Limits of Insurance applicable to and advertising injury" arising out of the additional insured are those operations performed for the state or specified in the written contract or munidpality. written agreement or in the c. Controlling Interest Declarations of this policy, whichever is less. These Limits of Insurance are Any persons or organizations with a inclusive of, and not in addition to, controlling interest in you but only with the Limits of Insurance shown in the respect to their liability arising out of: Declarations. (1) Their financial control of you; or (2) The coverage provided to the (2) Premises they own, maintain or additional insured by this control while you lease or occupy endorsement and paragraph F.9. of these premises. the definition of "insured contract" under Liability and Medical This insurance does not apply to Expenses definitions do not apply structural alterations, new construction to "bodily injury" or "properly and demolition operations performed by damage" arising out of the "products- or for such additional insured. completed operations hazard" unless d. Managers or Lessors of Premises required by the written contract or s written agreement. A manager or lessor of premises but only (3) The insurance provided to the respect to liability arising out of the ownership, maintenance or use of that additional insured does not apply to spedfic p part of the remises leased to "bodily injury," "property damage,° or you and subject to the following additional ~ "personal and advertising injury" exclusions: ~ arising out of the rendering or failure to render any professional services. This insurance does not apply to: b. State or Political Subdivisions (1) Any "occurrence" which takes place after you cease to be a tenant in that A state or political subdivision subject to - the following provisions: premises; or (2) Structural alterations, new (1) This insurance applies only with construction or demolition operations respect to the following hazards for performed by or on behalf of such which the state or political subdivision additional insured. has issued a permit in connection c• with premises you own, rent, or e. Mortgagee, Assignee or Receiver control and to which this insurance A mortgagee, assignee or receiver but applies: only with respect to their liability as (a) The existence, maintenance, mortgagee, assignee, or receiver and repair, construction, erection, or arising out of the ownership, removal of advertising signs, maintenance, or use of a premises by awnings, canopies, cellar ~ To F~R~11u. SB-146932-C ~p'f1,~'V~'~ Page 2 of 3 (Ed. olros) (version 1.0) `ISA ~,JS.~CRCK nt C1ty Attorney ~S;Sta ~ S8-146932-C (Ed. 01108) This insurance does not apply to or organization. A person's or structural alterations, new construction or organization's status as an insured under demolition operations performed by or for this endorsement ends when their written such additional insured. contract or agreement with you for such f. OwnerslOther Interests - Land is leased equipment ends. Leased With respect to the insurance afforded An owner or other interest from whom these additional insureds, the following land has been leased by you but only with additional exclusions apply: respect to liability arising out of the This insurance does not apply: ownership, maintenance ar use of that (1) To any "occurrence" which takes specific part of the land leased to you and place after the equipment lease subject to the following additional expires; or exclusions: This insurance does not apply to: (2) To "bodily injury," "property damage" or "personal and advertising injury" (1) Any "occurrence" which takes place arising out of the sole negligence of after you cease to lease that land; or such additional insured. (2) Structural alterations, new Any insurance provided to an additional insured construction or demolition operations designated under paragraphs a. through h. above performed by or on behalf of such does not apply to "bodily injury" or "property additional insured. damage" included within the "products•completed Co-owner of insured Premises operations hazard " 9• A co-owner of a remises co-owned b 3. The following is added to Paragraph H. of the P y BUSINESSOWNERS COMMON POLICY you and covered under this insurance but CONDITIONS: only with respect to the co-owners liability as co-owner of such premises. H. Other Insurance h. Lessor of Equipment /4. ~Fhis insurance is excess over any other Any person or organization from whom insurance naming the additional insured as an you lease equipment. Such person or insured whether primary, excess, contingent organization are insureds only wiih or on any other basis unless a written contract respect to their liability arising out of the or written agreement specifically requires that maintenance, operation or use by you of this insurance be either primary or primary equipment leased to you by such person and noncontributing. S SQ Y~~~~p A ,r! , S"(ORCo Bey ~\~~r City Ptt ~5~ata SB-146932-C Page 3 of 3 (Ed. 01108) (Version 1.0) S&300120-A C~A (Ed. 01 /Oti} THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE' Name Of Person Or Organization: The Community Redevelopment Agency of the Gty of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 ' Information re wired to com lets this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. A~ ZQ q K N E. S~OpR,tt Grey m t city ;r ~S~sta" e SB-300120-A Page 1 of 1 (Ed. 09/06} CERTIFICATE OF INSURANCE Producer: Issue Date: 03/30/2010 This Certificate is issued as a matter of information only and LIABILITY INSURANCE ADMINISTRATORS confers no rights upon the Certificate Holder. This Certificate P.O. Box 1319 does not amend, extend or alter the coverage afforded by the Santa Barbara, CA 93102-1319 policy below. Insured: 152163 COMPANY AFFORDING COVERAGE LIDGARD AND ASSOCIATES, INC. 2592 N. Santiago Blvd Liberty Insurance Underwriters, Inc. Orange, CA 92867 ~;~~~'L~ Fax Number: 714-633-8449 Authorized Representative This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period indicated. Notwithstanding any requirement, term of condition of any contract or other document with respect to which this Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. Limits shown may have been reduced by paid claims. DISCLAIMER: This certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS Professional Liability LIU007385-008 04/02/2010 04/02/2011 Each Clairn $ 1000000 General Aggregate $ 2000000 RAVED AS O FOk~i'~1. LISA E. ST RCK Assistant City Attorney Description of Operations/Locations/Special I[ems: REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE Certificate Holder: Cancellation: City of Santa Ana Redevelopment Agency SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 20 Civic Center Plaza, M-37 BE CANCELLED BEFORE THE EXPIRATION DATE Santa Ana, CA 92701 THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. LIA0001 (11/97) Insured Copy CER"T'IFICA"T'E OF INSURANCE Producer: Issue Dale: 03/102011 'This Certificate is issued as a matter of information only and LLA ADMINISTRATORS 8c INSURANCE SERVICES confers ao rights upon the Certificate Holder. 'T'his Certificate P.O. Box 1319 does not amend, extend or al rer the coverage afforded by [he Santa Barbara, CA 93 102-13 19 policy below. Insured: 152163 COMPANY AFFORDING COVERAGE LILX'ARD AND ASSOCIATES, INC. 2592 N. Santiago Blvd. Liberty Insurance Underwriters, Inc- Orange, CA 92867 ? ,? o?v- ??-? Fax Number: 714-633-8449 ? ' ?,? Au[korized Representative This is to certify that the policy of insurance listed below has been issued to the Insured named above for [he policy period indicated. Notwithstanding any requirement, term of condition of any contract or other document with respect to which [his Certificate may be issued or may pertain, the insurance afforded by the poli[,y described herein is subject to all the terms, exclusions and conditions of such. policy. Limits shown may have been reduced by paid claims. DISCLAIMER: This certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUI?IDER EFFECTIVE DATE EXPIRATION DATE LIMITS Professional Liabihry LIU007385-009 04/022011 04/02120]2 Each Claim y ]000000 General Aggregate $ 2000000 Description of Operations/Locations/Special Items: RF.si ESTATE APPRAISERS PROFESSIONAL LIABIZ[TY [NSURANCE Certificate Holder: Cancellation: City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Attn: Souri Amirani BE CANCELLED BEFORE THE EXPIRAT[ON DATE 20 Civic Ccntcr Plaza, M-36 THEREOF, NOT[CE W[LL BE DELIVERED IN Santa Ana, California 92701 /?Y ?> 2U ? 1c.D AS TO FU MACCORDANCE W[TH THE POLICY PROVISIONS. LIA0001 (11/97) ? Assistant C'ity' Attorney Av a CERTIFICATE OF LIABILITY INSURANCE 31ii2oii ?' TIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE NOUER THIS THIS CER ALTER NEGATIVELY RT FICATE DOES NOT F N E R ? CE I ISSUING I SURER, AUTHORI2E0 BETWEEN THE CONSTITUTE OONTRACT DOES NOT INSURANCE BELOW. INS ERTIFICATEOF REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If Lhe mrBBpm holder N an ADDITIONAL WSURED, b pollcy(W mueT be mdaned N SUBRDGATTON IS WANED, s*W hbroandwndNkm0the pollcy,nrWnpolldnmay nqulnonaadonBmall AeWaa?ndanthlecBdlBcamdoaRdcoldBrdgidBLaBe alsfaeteholder Inlhuofuchndone e). PnooucFa Phyllis NSlooa - Commercial Nanagosent Insurance Services (711) 111-1167 P n1lNuala 3 Kaiser Blvd 81011 rilcoxBaade•iae.oom p , Suite 140 m1po0402V Anaheim Hills CA 92008 wau B A memcoNF m "MCP - we IRLWAAmerican Cas, Co of Aeadi PA _ INa mstontinentel Insurance Cos an Lidgard 6 Associates Inc, wwPAc;Continental Casualty Cm wj _ 2592 N Santiago Blvd atluNPNO: waIPiAE: Orange CA 92867 COVERAGES CERTIFICATE NUMBER;11-12 Master AEVLSIONNUMBER; THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED EELOW RAVE BEEN ISSUED TO THE INSURED NP,WED ABOVE FOR THE POLICY PERIOD XCATER NOVTHSTM'DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFDROEO BY THE POLICIES DESCRIBED HEREIN IS SUBLECT TO ALL THE TERMS, EXCLUSIONS AND CONOmONS OF SUCH POLICIES. LIMITS SHOM MAY HAVE BEEN REDUCED BY PNO CLAIMS. w- pw E ug n?e0FOe wn 1100N'FYaF0. 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INSGtbllroloN 1hsACOROiumendldposnreplsUndmsl4aoTACORD $&1463'dU (Ed 0116b) coverage provided m sudr WWI kends Is enimm, Coil fides, ddreways, kndedas providsdharelm moohdes, Mquas, W NY B. AddlMIInaaad - Your Work opmmgt,sdewsbcvedk,skeel bamers, or d 4ms W Thal parson or orpmbb br whom ya "I exposures; of do wd fs in addNo W I mad eoldy for (b( The wnsWdla, eredon, or bobby dui U you se?gena apse by remord d eboWs: or IesupNg from your Wei la bu addblaal Inwrcd Ach It Ne weed of ma mbn (2( TNs Irourance appiee orq A tonlrBd or mW Bgreaanl No reepsd b op 0m; psdomsd by coop Bppbea to btk IIW4 fm you or on you bahall kv We me bb 0 ne" of the Bddbbal stile a pab Bubra im has irourBd, ktad a R*L The Im ance pravlded m Ne eddkW Thk Insurer doer not appy m'bodly ksmd Is W a fobaws; Wy' Woo damage' of pMal (1) The umb d Insumce sombk m end adwrlls 4 0 # adakp out d padamsd for uw ekU ro> or Ne Bddlbaal hmd Bro bate c spedGed N ft wdUn Cooked or Wft apm"I or 6 h c. 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Madgayaa,Anlpne+aReulvar mood ad to wliufi WB kuurama A mortgspee, +tsignae a retehw kul °?°a ady WiN respBd m Nek 6sOkby ss (a( The asklanca, msmlanance, malpagee, assilprae, a rear and IQpak, CansWdioq enxlia?, a anskg oul o< Ne ownershp, removal d adrerlkMg algns, meinlenance, a use d e promdsas by awnings, canopies, Ce78r you, R t? c C 0 SB•146932•C Pagt2d3 (Ed. o1lOB) (Version t,b' SB•14tl93t•C (Ed. a1m( TNs Nara don na epDIY lO a orpa a6at A pem4 a slndunf dknlbas, new ca a da a Orpeailddalb mom et in Wei aldlr deraob apWom psdonnsd a la lNs endonwnaN V4 whoa Nah Wlen such addlbntl Nsund, coam a all"* * you br ko f. Dannblha Inlensft - Land k Imsd Mow ends. 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AM INSURED b Imindod b hdude u sn adwseanb, lull a urvid?p u dw bsurad any pestan a a?nls+Om (akd Iddtlaid wabr hu sad b m>w or undenekes b?nuke h Nor usul mursBol ) p??p Zy ? baba, whim you ere roquln;d to add u anedddonai bahua, h mnnsdlon rdh du bssuad m Nfs p0tlq undo I wdtlen mdred a disbbuVm a sale d NI prodrda; aprumed bul Na wdlhn oma9d a spree0ssd mull L Demorarad0r4 hs,albdan, servfdap a b°' roW'r epnbaa, aapl axh opendaa peHomud el dsa vador'a pmrus h 1, Cunenlly h elltd a bemning eMe<dve m d cmmedbn xiN Ne p? d Ne product a p Nor Iarm d Nr pa9cy, ad F Produce whirl, she dahbu0m a solo p. Ereaded prd ro Oro'boddy fury,"P'?dY damage' a'parsmal and adwrUstny tipsy ' by You, haw bean labebd a relsbelod or , bd used u I mnDha, port or hgmdlml d any diver Odnp a substmce by a br Nor ?Y. ? 9 Orions or organbe6ms ere wndor,a sddm0nal hsureds undo ? endasemed end S?f46S?1?C (Ed 011D8) Page 1013 Nasion,.0) CERTIFICATE OF INSURANCE Pmdaoa. Issue Dare 6:10:2011 This Cirifiw is issued as a mans of iafumat ua caly and LIA..9.%NSMkTORS & :NUANCF 5ER19CES caafrrs au nghis ii.wu tae Cnifieax tluhk:. This C:rukaw P.O.Box1319 dm5Anarend,extadOr a127Lit vivr. aaflo:dedby he k14 Barbara, CA 931021315 aslicy ?:aw Insured: 152163 COMPANY AFFORDING COVERAGE LIDG.ARD ANDASSOCLATES, INC, 2592 N. Santiago Blvd. Liberly Insurance Underwriters, Inc. Orange, CA 9.86? ?v Fa0unik ill-633-3449 Aulhonted Represenlative 1s is to unify that the policy of munncc Ilsted below has been issued io die Insared named ahuve 1'6r the pOlicy period indicated. Notwithstanding any mquiremrot, term of coudilton of any cGafraet or other document with fespxl 10 Which 6 Cu lilicae may 4- issued or may main, the iniur3nce aflurded'oy the policy described hcrein:s subjcel:o al. the le ms, exclusions and com!:liums of such policy. Limits shown may have been rnluced by paid c dims. DISCLAIMER: as certificate of nsurance does nol a`Grmafively or negalively amend, extend, nraher the covemgekotded by the m mace policy. TYPE OF INSURANCE POLICYNl',h13ER EPECiIVTDATE EAPlRATIONDATE :;NETS PmfcssiunalLiabiliy LI000',?9S;:Cid 0441VUII (At2.201! W, Claim ('natal Aggregate S ?IYMA 00 Description of Opcraliona?CacaLonaSpccia: ]Icros REAL ESTA]E APPRAISERS PROFESSIONAL LLABIhITY INSCRANCE Certificate Fielder: Caneellolion: City of Sanlu Aux SHDl1LD MlDF THE 98UVE DESCRIBED POLICIES Alm: Souri.Amhaai BE CANCELLED BEFORE THE El'PIRATI01DATE 3U Civic C'mucr Plata, M•JG THERF.OP, 50T[CE 1191,E BE DF.LIV'E1tED IN Sanm.Auu, Ca;ifemia 92'01 ??:1'r{u?,+?? ?S 'f ? h(} {(?ACCOR11AfiCE 941'fH THF. POLICY' PROVISIONS, lIA0001 {11191` gss;no. l'L; Atcrr.n ?- 2010-04'7 ?'?? °? CERTIFICATE OF LIABILITY INSURANCE ?i9i o°2YY"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THI$ CERTIFICATE OF INSURANCE DOE8 NOT GON3TITlfTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFlCATE HOLDER. IMPORTANT: If the eertiBCate holder b an ADDITIONAL INSVRED, the polley(ies) must tle endorsed. If SUBROGATION IS WANED, subject to the terms and condWone of Ufa policy, prtaM pollclse may require en endorsement. A stamment on this certlllcate does not confer rights to the eertlfieab holder to Ilsu of suWf endorsement(s). PRODUCEn - NA Phyllis Wiloorc Commercial Marfagelment Insurance 8ervicea F NE (714)416-1167 .1T1fl ale-Less 6101 E. Kaiser Blvd -pwiloo:Bmfie-ine.oom Suite 140 Ir+suR s wFFOaano eovERwGE Nae. Anaheim H311a G 92806 wauREwAAmeri aan Cas. Co of Rosdin PA 0427 msuwE° R e Continental Insurance Com an 5289 Lidgard E Associates Inc. OO ? ? Q? 1 INSUwERCContin®ntal Caaualt Com n OGQ3 2592 N Santiago 81vd N ?- t ?- INSURER D• NIIMBER:12-13 M7L9TER REVISION NUMBER- THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REDUIREMENT, TERM OR CONDITON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFlCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO /LLL THE TERMS , EXClU910NS AND CONDITONS OF SUCH POLICIES. LIMITS SHOWI?1 MAY HAVE BEEN REDUCED BY PAID CLAIMS. f LiR TYPE OF NBURMICe POLIOY NUMBeR M N YYRS Gn1 °°r LIABILrTY EACH OCCtAWEtVCE s 1 , 000, 000 X eote.FRCIAL GENERAL UAeOJiY R wocmrer-co s 300, 000 A CLAaESMADE ®OCCUR X 4022996395 /0/2012 /•/2013 A1ED FJfP f ere even) t 10, 000 PERSONAL i ADV INJURY S 1 000, 000 GENERAL ACiGRECATE E 2.000, 000 GENL AGGREGATE LWR APPLIE8 PER PRODUCTS - COMPIOP AGG i 2 , OOO , OOO X POLICY PR6 LOC S AVTOMOOLE LMHaJT'r 1 000 DOO $ X ANY AUTO BODILY IfUURY IP.r Perranl S ?? ? aoz299643i /f /2012 /6/2013 BOOiLY tnIVRY IPw .cu lmrn s RiRED AUTOS ? p 5 Unvwuitl rnewr/st 01 s u tad s X UNBRELLA LIAR X OCCUR EACH OCCURRENCE S 3, 000, 000 C ECG°! I"N6 C ° AGGREGATE s 3 , 000 , 000 10,0 X N 40229961126 /f/2012 /f/2013 S (^ WO RI(ERS GOaPEN6ATION X _ wlto EeLPL.oYEra• uwnR.rrY Y ANY PROPRIETORRARTNERrF7[ECURVE IN OFFICERMEYBER EXCLVDEDT ? N /A E.L EACH ACCIDENT 3 1 000 000 (Mmldomry In NNI tl d b e 422996476 /f /2012 /6/2013 E.L DISEASE - EA EMPLOYE S 1 000 000 , ssorr s vl N O Ran F 6 bib,v E.L DISf113E -POLICY LIMB • 000 000 DESCRIPTION OF OFERATgN6 ! LOGTIOIIS / VENIGL66 ULU.Ch AGORD 101. AtldlYenW Ree.rq 9prWefo, N rllorf rPiee b reWbedl THE CITY OF SANTA ANA, ITS OFFICERS, ILt?LOYEES, AGENTS AND VOLDNTEERS ARE NAND AS ADDITIONAL INSURED WITH R83BECT3 TO GENERAL. LTpYLITY AS PER TBE ATTACHED SB-146932-D (Ed_ 07/09) xt[ICH AL30 INCLUDES PRIMARY AND NON-CONTRIBOTORT tfORDING. WAIVER OF SOHROGATZON ONLY IF REQIIIRED HT WRITTEN CONTRACT idITB RESPECT TO WORKERS• COIIPEN3ATION APPLIES ZN FAVOR OF PER FOlts[ G-19160-8 (Ed. 11/97) ATTAC7izD. aasi rani@ Santa-ana . erg SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ? "t.)VED /?, i \.: - -• TFIE @XP6fATON GATE THEREOF, NOTCE NRII BE DELNERED IN CITY OF SANTA ANA ? ? ACCORDANCE M/R}1 THE POLICY PROVISIONS. 20 CIVIC CENTER oT-as_a? -36 SANTA ANA , G 92701 ?? ?/? wunlOR¢ED REPREStarrwrnE .ra Stitt St,???: .. -I t City A c tc • ?. Michael xalcely/FHlLL l%??-?'7•C".?!/?--- 2b ?2010/OB) O 1988-2010 ACORD CORPORATION. All rights reserved. ?------•--••^-?>"• r rs Aa:a,+rcL,r Dame ana Togo are reglspte0 mar1L6 oI ACORD CERTIFICATE OF INSURANCE Producer: Iswe Date: 07/06/2012 This Certificate is issued as a maser of in[otrttation Dory and LIA ADMINISTRATORS 8t INSURANCE SERVICES comers rto righss upon lM Certificate Holder. This Certificate P.O. Hox 1319 does Cwt amend, extend or alter the Coverage afforded by the Santa Barbara, CA 93102-]379 policy bclow. Insured: 132]63 COMPANY AFFORDING COVERAGE LIDGARD AND ASSt'?CiATES, INC. 2392 N. Santiago Hlvd. Ltlrerty Itrsuramce Underwriters, Inc. Orange, CA 92867 ?? JJ V ? `?V? Authorized Representative This is to certify that the policy of insurance listed below has been issued [o the Insured named above for the policy period indicated. Notwithstanding any requirement, term of condition of any convac[ or other docutaent with respect [o which this Certificate rosy be issued or may pertain, the insurance afforded by the policy described heroin is subject w aU the terms, exclusions and conditions of such policy. Limits shown tray have bcen reduced by paid claims. DISCLAIN?R: This certificate of insurance does Cwt afFitTnatively yr negatively amend, e]ctend, or alter the coverage afforded by the insurance policy. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXP]RATION DATE LIMITS Professional Liability LIU00738?-010 04/02RO12 04/02!2013 Each Claim S 1,000.000 General Agg rcgate S 2,000,000 AYPRL) /r,f.? i1. i if 1. ?:.:,.;.,? ? "_ ?.-------- a. u r a 5 - L3.5. 15It]nf C.llti . 4:?:f?'. ?. '-. Description of Operations/Locations/Special Items: REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE Certificate Holder: Caneellatioo: The City of Santa Atss Public Works Agency SHOULD ANY OF THE ABOVE DESCR[HED POL[CIES Attn: Souri Amirani BE CANCELLED BEFORE THE EXPIRATION DATE P.O. Box 1988 THEREOF, NOTICE WILL BE DELIVERED 1N Santa Ana, CA 92702 ACCORDANCE WITH THE POLICY PROVISIONS. LiA0001 (71/97) Insured Copy CNA G-1slso-s (Ed. 11/97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached It is agreed that Part One Workers' Compensation Insurance G. Recovery From Others and Part Two Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is %. G-19160.6 (Ed. 11/97) Page 1 of 1 SB-146932-D (Ed. 07/09) from your work for the additional insured which is the subject of the written contract or written agreement- No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.9. of the definition of "insured contract" under Liability and Medical Expenses Definitions do not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: ? ? (1) This insurance applies only with respect s to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this i li nsurance app es: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, ? cellar entrances, coal holes, driveways, manholes, marquees, -_ hoistaway openings, sidewalk vaults, ?_ street banners, or decorations and similar exposures; or (b) The construction, erection, or s removal of elevators; or = (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (?) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to_ (?) 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 additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Other Interests -Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or SB-146932-D Page 2 of 5 (Ed. 07/09) SB-146932-D (Ed. 07/09) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, 1, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known = to: ® (7) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; : (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance ;? manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising InJury, In the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.: (15) Dlscrlminatlon Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. SB-'146932-D Page 4 of 5 (Ed. 07/09) S B-146932-D (Ed. 07/09) (?6)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, Expanded Personal and Advertising Injury Coverage does not apply to policies issued in the states of New York or Ohio. D. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liablllty is excluded either by the provisions of [he Policy or by endorsement. SB-146932-D Page 5 of 5 (Ed. 07/09) SB-146932-D (Ed. 07/09) (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g. Co-0wner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-0wners liability as co- owner of such premises. h. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs b. through h. above does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." 3. The following is added to Paragraph H, of the BUSINESSOWNERS COMMON POLICY CONDITIONS: H. Otherlnsurance 4. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. 4. LEGAL LIABILITY -DAMAGE TO PREMISES A. Under B. Exclusions, ?. Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the fo I lowi ng: k. Damage To Property "Property damage" to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, ii the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs ?, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D - Liability and Medical Expenses Limits of Insurance. SB-146932-D Page 3 of 5 (Ed . 07/09 ) cwra SB-146932-D (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. ?. ADDITIONAL INSURED -BLANKET VENDORS employees or anyone else acting on its behalf. However, this exclusion does not WHO IS AN INSURED is amended to include as an apply to: additional insured any person or organization (referred to below as vendor) with whom you agreed, because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d. or f.; or insurance, but only with respect to "bodily injury" or (2) Such inspections, adjustments, tests or "property damage" arising out of "your products" which servicing as the vendor has agreed to are distributed or sold in the regular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business, in exclusions: connection with the distribution or sale of 1. The insurance afforded the vendor does not apply the products. to: 2. This insurance does not apply to any insured a. "Bodily injury" or "property damage" for which person or organization, from whom you have the vendor is obligated to pay damages by acquired such products, or any ingredient, part or reason of the assumption of liability in a container, entering into, accompanying or contract or agreement. This exclusion does containing such products. not apply to liability for damages that the 3. This rovision 2. does not a vendor would have in the absence of the p pply to any vendor contract or agreement; included as an insured by an endorsement issued by us and made a part of this Policy. b. Any express warranty unauthorized by you; 4. This provision 2. does not apply if "bodily injury" or c. Any physical or chemical change in the "properly damage" included within the "products- product made intentionally by the vendor; completed operations hazard" is excluded either d. Repackaging, except when unpacked solely by the provisions of the Policy or by endorsement. for the purpose of inspection, demonstration, 2. MISCELLANEOUS ADDITIONAL INSUREDS testing, or the substitution of parts under WHO IS AN INSURED is amended to include as an instructions from the manufacturer, and then repackaged in the original container; insured any person or organization (called additional insured) described in paragraphs 2. a. through 2.h. e. Any failure to make such inspections, below whom you are required to add as an additional adjustments, tests or servicing as the vendor insured on this policy under a written contract or has agreed to make or normally undertakes to agreement but the written contract or agreement must make in the usual course of business, in be: connection with the distribution or sale of the ?. Currently in effect or becoming effective during the products; term of this policy; and f. Demonstration, installation, servicing or repair 2. Executed prior to the "bodily injury," "property operations, except such operations performed damage" or "personal and advertising injury," but at the vendor's premises in connection with the sale of the product; Only the following persons or organizations are additional insureds under this endorsement and g. Products which, after distribution or sale by coverage provided to such additional insureds is you, have been labeled or relabeled or used limited as provided herein: as a container, part or ingredient of any other thing or substance by or for the vendor; or a. Addltlonal Insured -Your Work h. "Bodily injury' or "properly damage" arising That person or organization for whom you do out of the sole negligence of the vendor for its work is an additional insured solely for liability own acts or omission or those of its due to your negligence specifically resulting SB-'146932-D Page ? of 5 (Ed. 07/09)