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HomeMy WebLinkAboutARELLANO ASSOCIATES -2013 City of Santa Ana 7 j Clerk of the Council COTC Office Use Only AGREEMENT TERMINATION FORM 717 _ ;�, 7: 7 6 Please complete this form when the attached agreement and all i '~ amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with aii&H99 ozAm.aliez) N-2013-015 (��726 2, No. was completed leted on and final payment has been made. (List all amendments. Use space below if needed.) Department: MI, Phone/Ext.: ✓( 5 Signature: Date: \ � ft Revised 10-31-12 INSURANCE ON FILE WORK MAY PROCEED CLERK OF COUNCIL DATE: d -A&-13 0 PW/ 1 /JAf-1) �L1 �> AGREEMENT FOR PROVISION OF PUBLIC OUTREACH SUPPORT SERVICES N- 2013 -015 THIS AGREEMENT, made and entered into this 17`h day of January, 2013 by and between Arellano Associates, a California limited liability company (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of public outreach for public infrastructure and planning projects. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall provide public outreach in relation to the environmental CEQA and NEPA environmental clearance process for the Santa Ana Fixed Guideway project, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall beC-I�mv&Q '- - . Except as may be otherwise stated herein, such representatives shall have the authority to act on UWalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 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. 5. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2013, unless terminated earlier in accordance with Section 14, below. 6. 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which 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. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. 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 2 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. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. 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 death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct 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 negligence, recklessness or willful misconduct of Consultant 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 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. 9. 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. 10. 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. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5635 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Arellano Associates Genoveva L. Arellano 58 51 Rne Five. S �, jq�r�jjfnrnia 9171(1 C�l11nO } -kj\k" cf� 91flog Facsimile (909) 628 -5804 1 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, 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 11 forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each parry 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. 13. 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. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. 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. 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: LP 2,alc_ MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: ,!`Cary Laura Sheedy Assistant City Attorney RECOMMENED FOR APPROVAL RA GODINEZ, I Executive Director Public Works Agency 0 CITY OF SANTA ANA Kevin O'Rourke Interim City Manager ARELLANO iLUC fl PV z1 GENOMEVA L ARELLANO EXHIBIT A City of Santa Ana Fixed Guideway Project Proposed Public Outreach Support Arellano Associates Proposed Outreach Services Arellano Associates (AA) has developed a specialized expertise in public outreach programs for numerous and varied public infrastructure programs and planning projects throughout Southern California. AA is pleased to propose the following outreach services to support the City of Santa Ana's ongoing fixed guideway planning process including stakeholder outreach efforts and the public release of the environmental document. The project is considering two street car alignments creating a circular loop through downtown and connecting to Harbor Boulevard through the P.E. right -of -way, one TSM /bus alternative and a no build alternative. AA will work closely with the City of Santa Ana staff to help inform, educate and foster support for the proposed project and to obtain feedback about potential impacts and proposed mitigation measures outlined in the environmental document. It is anticipated that the duration of this focused outreach effort will extend through March 2013. Proposed outreach activities include: 1. Compile downtown business stakeholder data garnered from door -to -door outreach to be conducted by Arellano Associates; 2. Conduct one -on -one briefings with downtown businesses and other stakeholder groups identified by the City and be available to the City with any public hearing support needed to complete the environmental phase of the project; 3. Provide assistance to the City as needed with the editing, development, Spanish translation and dissemination of collateral materials needed to support the public outreach efforts outlined here; 4. Team coordination through periodic meetings with City and project development team. AA will work at the direction of the City of Santa Ana and will provide support for timely delivery of the environmental documentation process. Scope of Work Task 1: Business Stakeholder List: AA will focus on the downtown business corridor to lay out a strategy for door -to -door outreach. As a product of this effort, Arellano Associates will compile a data record summarizing these efforts and documenting this business communication. A business stakeholder list will be compiled and delivered to the City at the completion of this scope of work. 7 Task 2: Stakeholder Briefings /Meetings: AA will plan and coordinate a series of downtown business briefings including door -to -door outreach focused on educating, informing and encouraging support for the project. These briefings will be laid out into a detailed map and schedule that supports the key technical milestones. One of the goals of this effort will be to garner support and to create synergy in the community that will help reduce the potential for any backlash. A briefing matrix/log will be developed and maintained to list, organize and document the business stakeholder involvement. The City will vet all briefing strategies, materials and schedules before AA begins these briefings. AA will coordinate all logistics including any additional staffing or follow -up that may be needed to support them. Questions and input will be catalogued in a project issues matrix to track all the business stakeholder input and provide the City and project team valuable information. Task 3: Collateral Materials: AA will assist the City to develop, edit, produce and disseminate collateral materials needed to support the ongoing outreach and environmental process. AA will also assist the City in translating materials into Spanish. Task 4: Team Coordination: AA will attend City and project team meetings as directed. AA staff will integrate seamlessly with the project team to work collaboratively and effectively to the successful completion of the environmental process. 12 -17 -12 ckb EXHIBIT B FEE SCHEDULE tt rt tJ CID to -4 m 00 Im -a 00 0 0 (3 In w 00 co I t v i C4 C4 C4 cm < I 0 C-4 C'i 110, 119 4) 0 cnmmwm 0 r m E co w 0 0 00 ILI �l "I— ;s 0 w 0 Im i 6F 4j iC Q1 'T co r— m Im Ql co 0 fn cn w w &V >: �2 in fl I co LO tq V4 C; Co ce w CA 41� ta co m 0. 21 r z I 1 CD 1 B z (D a) 0) E E E tv ea C14 C14 M < to to to E E to 0 um CL a a 0 LO cli iu cs CD U) ti d ca 4) CL CL CD 0 is 2 u 2 a, a, t0 amg co c (n ca CO LL i cr CL -i c > a 0 m X 0 CL ffir Uo 0 0 "2 6 0 0 o 2 76 E 15 CL 0 0 m (1) V) LL 0 CL (A .x LL w 0 0. tJ ,�►coRO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1/31/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must bd4ndorsed. if SUBRO(*TI9lllII IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this dettifiMtee-d6es not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wood Gutmann & Bogart Lic #0679263 15901 Red Hill Ave., Suite 100 CT NAMN E't` _ Robin. : PHONE FAX - A/C No : - - E -MAIL - ADDRESS: INSURERS AFFORDING COVERAGE NAIC q Tustin CA 92780 INSURER A:Assurance Company of America PAS037514693 /26/2012 INSURED ARELL -1 INSURER B:Hartford $2,000,000 INSURER C:Ph*ladelph*a Indemnity Ins Co. X COMMERCIAL GENERAL LIABILITY Arellano Associates Genoveva Arellano ©rs 5851 Pine Ave Ste A '• Chino Hills CA 91709 p� G, W INSURER D : INSURER E : DAMA E TO RENTED PREMISES Ea occurrence INSURER F: COVERAGES CERTIFICATE NUMBER: 1533492479 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DDIYYYY LIMITS A GENERAL LIABILITY PAS037514693 /26/2012 /26/2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMA E TO RENTED PREMISES Ea occurrence $2,000,000 CLAIMS -MADE IT] OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $4,000,000 1 $ POLICY PRO LOC A AUTOMOBILE LIABILITY PAS037514693 /26/2012 /26/2013 Ea accident $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X N ED HIRED AUTOS X AUTOS $ A UMBRELLA LIAB X OCCUR PAS037514693 /26/2012 /26/2013 EACH OCCURRENCE $1,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $0 $ B WORKERS COMPENSATION 72WECDQ0297 /27/2012 /27/2013 X I WC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I I I I E.L. DISEASE - POLICY LIMIT $1,000,000 C A Errors & Ommissions Valuable Papers & Records PHSD736305 PAS037514693 /8/2012 /26/2012 /8/2013 /26/2013 2,000,000 /Claim 2,000,000 /Agg 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: All Operations for the City of Santa Ana Certificate holder is named as additional insured on the General Liability per attached 9S2001 04 99. Primary and Non - Contributory applies on the General Liability per attached 9S2001 04 99. THIS CERTIFICATE SUPERCEDES ANY PREVIOUSLY ISSUED. CERTIFICATE HOLDER CANCELLATION City of Santa Ana T Caura Stit Sheedy 20 Civic Center Plaza Assistant City Attorney Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE P ,A R ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: PAS037514693 g All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "in- sured contract'-; b. This insurance applies to such liability assumed by the insured: c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract "; d. The allegations in the 'suit" and the in- formation we know _bout the "occur- rence" are such that no conflict appears to exist between the interests of the insured and the interests of the indem- nitee; e, The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to; (aj Cooperate with us in the inves- tigation, settlement or defense of the "suit'; (b) Immediately send us copies of any demandsr notices, sum- monses or legal papers received in connection with the "suit', (c) Notify any other insurer whose coverage is available to the in- demnitee: and (ci) Cooperate with us with respect to coordinating other applicable insurance available to the indem- nitee; and (21 Provides us with written authoriza- tion to: (a) Obtain records and other irifor matron related to the 'suit'; and Ibi Conduct and control the defense of the indemnitee in such 'suit". So long as the above conditions are met, attorneys' fees incurred by us in the de- fense of that indemnitee, necessary litiga- tion expenses incurred by us and necessary litigation expenses incurred by the indemni- tee at our request will be paid as Supple- mentary Payments. Notwithstanding the pro- visions of Paragraph 2.b. {21 of SECTION I - COVERAGE A - 13001LY INJURY AND PROP- ERTY DAMAGE LVLBiLfiY, such payments will not be deemed to be damages for "bodily injury" and 'property damage" and will not reduce the limits of insurance. Our obligation to defend an insureds indem- nitee and to pay for attorneys' fees and nec- essary litigation expenses as Supplemen- tary Payments ends when: a. We have used up the applicable lima of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above. are no longer met. SECTION 11 - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your part- ners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your managers. d_ An organization other than a partner- ship, joint venture or limited liability com- pany, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. Includes casyripr!se malarial of Inar.— Ser—P, CH CO. Ina, Wh ns pamss on :apyriq +I, InsWanaa O#fiaa. ••.a, 1447 9S2001 Ed. 4 -99 CaoyrVl, 19S9_ slarysana Casuary Carpany as !o addnanal -alt anc •avie s Page 8 of 17 Policy Number: PAS037514693 Your subsidiaries, and subsidiaries of cised for any purpose by you, subsidiaries, are insureds if: any of your "employees ", any (1) They are legally incorporated enti- partner or member (if you are a partnership or joint venti,rel, or ties, and any member (if you are a limited (21 You own more than 50`yo of the vot- liability company). ing stock in them as of the effective data Ur this policy. b. Any person lother than your "employtmp'), or any organization while acting as your It such subsidiaries are not shown in the real estate manager. Declarations. you must report them to us within 180 days of the inception of c. Any person or organization having proper this policy. temporary custody of your property if you die, but only: 2. Each of the following is also an insured: ( 1) With respect to liability arising out a. Your "employees ", other than either your of the maintenance or use of that "executive officers" (if you are an or- property: and ganization other than a partnership, joint venture or limited liability company) or (2) Until your legal representative has your managers (if you are a limited li- ability company), but only for acts within d. Your legal representative if you die. but the scope of their employment by you only with respect to duties as such. That or while performing duties related to representative will have all your rights the conduct of your business. However, and duties under this Coverage Part. none of these "employees" is an insured for. e, Any person or organization with whom you agree, because of a written con - (1) "Bodily injury" or "personal and ad- - tract, to provide insurance such as is vertising injury ": afforded under this policy, but only with (al To you, to your partners or respect to liability arising out of your operations, "your work" or facilities members lif you are a partner- owned or used by you. ship or joint venture), to your members I'sf you are a limited li- This provision does not apply' ability company), or to a co - "em- ployee" while that co- "employee' (1) To any vendor, concessionaire, les- is either in the course of his or sor of leased equipment, grantor of her employment or performing a franchise, engineer, architect or duties related to the conduct of surveyor; or your business: (2) Unless the contract has been signed (b} To the spouse, child, parent, "ern- prior to the date of "bodily injury ", "property damage", or "personal or brother or sister of that co - advertising injury . ployee" as a consequence of Paragraph f 1>[a) above: f. Any person or organization to whom you (c) For which there is any obligation are obligated by virtue of a written "in- to share damages with or repay sur'ed contract" to provide insurance such as is afforded by this policy, but only someone else who must pay damages because of the injury with respect to liability arising out of the described in Paragraphs OHM or ownership, maintenance, or use of that part of any premises leased to you. This (b) above; or does not apply to: (d) Arising out of his or her provid- ing or failing to provide prof es- (11 Any "occurrence'' that takes place Sional health care services_ after you cease to be a tenant on those premises. (2) "Property damage" to property: (2) Structural alterations, new construc- Ial Owned, occupied or used by, tion or demolition operations per - (bl Rented to, i; ,, the care, custody formed by or on behalf of such in- or control of, or over which sured physical control is being exer- ,nclndss -Hyr ggmd m 16,.oi 0 '•foam" 5*r tN 41st< Mrnti 'is parmns e� tapynsh! lma . Sur c"s )Pon. -r, 1997 952001 Ed 4 -99 Cnesr -qm, 1591_. Muy cas..Iv --a-y, as ,..dd,o aI 1, r and rave —, Page 9 of 17 11MIN Policy Number: PAS037514693 g. Any state or political subdivision, but only as respects legal Lability incurred by the state or political subdivision solely be- cause it has issued a permit in connec - tion with premises you own, rent, or control for one of the hazards listed below: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes. driveways, manholes, marquees, hoistaway openings, sidewalk vaults. street banners or decorations and similar exposures; (2) The construction, erection or re- moval of elevators; or (3) The ownership, maintenance or use of any elevators covered by this in- surarce. 3, With respect to "mobile equipment' regis- tered 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 per- son or organization responsible for the con - duct 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 yr organization fvr 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 occu- pied by you or the employer of any person who is an insured under this pro- vision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, 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 180th day after you ac- quire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that oc- curred before you acquired or formed the orgaiization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partneruhip, joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Dec - iarations 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. The General Aggregate Limit is the most °sue will pay for the sum of: a. Damages under Coverage A. except damages because of 'bodily injury" or "property damage" included in the "prod- ucts- completed operations hazard "; and b. Damages under Coverage B. The Gereral Aggregate Limit applies sepa- rately to each location owned by or rented to you. Location, as used here, means pre- mises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad 3. The Products- Corripleted Operations Ag- gregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard". 4. Subject to 2 above, the Personal and Ad- vertising Injury Limit is the most we will pay under Coverage 8 for the sum of all dam- ages because of all "personal and advertis- ing injury" sustained by ary one person or organization. 5. Subject to 2. or 3- above, whichever ap- plies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage' arising out of any one "occurrence ". 6. Subject to 5. above, the Tenants Legal U- ability Limit is the most we will pay under � d mz.a••a• el •...aw.. Ca..,i.e. :Iii -e. , - e pa,1w a.,,.n GaoY'Nh•, ,maiaaea Sa•vic�s 9H,e�. �ne„ �99� 9S2001 Ed 4-'99 Lo, r•gn5 1999, Ma+yz�d :azaNry Ccnyax. as aaan,a�a, .., avibar: Page 10 of 17 ACORI a CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDIYYYY) 2/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND -T#iE CERTIFICATEH"JD IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER - COMT CT Robin Holloway PHONE A/C No No, Wood Gutmann & Bogart Lic #0679263 15901 Red Hill Ave., Suite 100 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # Tustin CA 92780 INSURER A:Assurance Company of America /26/2013 EACH OCCURRENCE INSURED ARELL -1 INSURER B:Hartfo d Accident and $2,000,000 INSURER C :Philadelphia CLAIMS -MADE a OCCUR Arellano Associates Genoveva Arellano 5851 Pine Ave Ste A INSURER D : MED EXP (Any one person) Chino Hills CA 91709 A �G -� INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 1733582079 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A- PPAV0�75 6 ( KU A \�-L%� AS `'f� / / /26/2013 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $2,000,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $10,000 D L� PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 (,d LI (a GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $4,000,000 ASbISCrI l_,1['v , "�lti.r'� $ 1-1 POLICY PRO LOC A AUTOMOBILE LIABILITY PAS037514693 /26/2012 /26/2013 Ea accident ) $1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS A UMBRELLA LIAB X OCCUR PAS037514693 /26/2012 /26/2013 EACH OCCURRENCE $1,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED X I RETENTION$0 $ B WORKERS COMPENSATION 2WECDQ0297 /27/2013 /27/2014 X WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1000000 C A Errors 8 Ommissions Valuable Papers 8 Records PHSD736305 PAS037514693 /8/2012 /26/2012 /8/2013 /26/2013 2,000,000 /Claim 2,000,000 /Agg 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Job: Warner Avenue Widening Project Job No: N- 2012 -011 Certificate holder is named as additional insured on the General Liability per attached 9S2001 04 99. Primary and Non - Contributory applies on the General Liability per attached 9S2001 04 99 TE City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: PAS037514693 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, of- fered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit ", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has as- sumed the liability of the indemnitee in a contract or agreement that is an "in- sured contract'-; b. This insurance applies to such liability assumed by the insured: c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract d. The allegations in the "suit" and the in- formation we know about the 'occur- rence" are such that no conflict appears to exist between the interests of the insured and the interests of the indem- nitee: e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to; (a) Cooperate with us in the inves- tigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the "suit ", (c) Notify any other insurer whose coverage is available to the in- demnitee: and 4 Cooperate with us with respect to coordinating other applicable insurance available to the indem- nitee; and (21 Provides us with written authoriza- tion to: (a) Obtain records and other infor matron related to the "suit; and (b) Conduct and control the defense of the indemnitee In such ' suit ". So long as the above conditions are met, attorneys' fees incurred by us in the de- fense of that indemnitee, necessary litiga- tion expenses incurred by us and necessary litigation expenses incurred by the indemni- tee at our request will be paid as Supple- mentary Payments. Notwithstanding the pro- visions of Paragraph 2.b.(2) of SECTION I - COVERAGE A - BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, such payments will not be deemed to be damages for 'bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insureds indem- nitee and to pay for attorneys' fees and nec- essary litigation expenses as Supplemen- tary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above. are no longer met. SECTION II -WHO IS AN INSURED 1. If you are designated in the Declarations as, a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your part- ners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your managers. d. An organization other than a partner- ship, joint venture or limited liability com- pany, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stock- holders are also insureds. but only with respect to their liability as stockholders. Includes eaeyriHic —1.-1 of Inw:anc. S. "I ClIze, Ina, w.1h ns p.rm�ssan C.1309,f, 141U.— 5--:11 011ie.. ••.a , 1'197 9S2001 Ed, 4 -99 Caeyrq.l, 1999. Maryland Casaary Coveany as to addn,cnal taae a.r. •.vis.e-s Page 8 of 17 Policy Number: PAS037514693 Your subsidiaries, and subsidiaries of cised for any purpose by you, subsidiaries, are insureds if: any of your "employees ", any (1 ) They are legally incorporated anti- partner or member (if you are a partnership or joint vent ire), or ties, and any member (if you are a limited (2) You own more than 50% of the vot- liability company). ing stock in them as of the effective dale Ur this policy. b. Any person (other than your "employee'). or any organization while acting as your If such subsidiaries are not shown in the real estate manager. Declarations. you must report them to us within S 80 days of the inception of c' Any person or organization having proper this policy. temporary custody of your property if you die, but only: 2. Each of the following is also an insured: (1) With respect to liability arising out a. Your "employees". other than either your of the maintenance or use of that "executive officers" (if you are an or- property: and ganization other than a partnership, joint venture or limited liability company) or (2) Until your legal representative has your managers (if you are a limited li- ability company), but only for acts within d. Your legal representative if you die, but the scope of their employment by you only with respect to duties as such. That or while performing duties related to representative will have all your rights the conduct of your business. However, and duties under this Coverage Part. none of these "employees" is an insured for: e. Any person or organization with whom you agree, because of a written con - (1) "Bodily injury" or "personal and ad- - tract, to provide insurance such as is vertising injury ": afforded under this policy, but only with (al you, t your partners or respect to liability arising out of y - --r operations, "your work" or facilities m members Ri f you are apartner- owned or used by you. ship or joint venture), to your members lif you are a limited li- This provision does not apply: ability companyl, or to a co-"ern- ployee" while that co- "employee' (1) To any vendor, Concessionaire, les- is either in the course of his or sor of leased equipment, granter of her employment or performing a franchise, engineer, architect or duties rotated to the conduct of surveyor; or your business: (2) Unless the contract has been signed cb) To the Spouse, Child, parent, "ern- prior to the date of "bodily injury ", "property damage ", or "personal or brother or sister of that co - advertising injury , ployee" as a consequence of Paragraph (1)(ab above: f. Any person or organization to whom you (c) For which there is any obligation are obligated by virtue of a written "in- to share damages with or repay sured contract' to provide insurance such as is afforded by this policy, but only someone else who must pay damages because of the injury with respect to liability arising out of the described in Paragraphs Ma) or ownership, maintenance, or use of that part of any premises leased to you. This (b) above; or does not apply to: (d) Arising out of his or her provid- ing or failing to provide prof as- (1 M Any "occurrence'' that takes place sional health care services. after you cease to be a tenant on those premises. (2) "Property damage" to property: (2) Structural alterations, new construc- (a) Owned, occupied or used by, tion or demolition operations per - (b) Rented to, i„ the care, custody formed by or on behalf of such in- or control of, or over which sured. physical control is being exer- mcl"ds -HYr got•d mad r•G o1 ' +fuane• 5pwC►a :;N c•. ., wnh rts P•rmsr e+ [apynght in-4— S•ry c•s 71hc•. , 1991 952001 Ed 4 -99 COer 9n�. 15 5. M.q .. +a cas -oma.•v, .. 1...d r ...l n..r and ravisi.ra Page 9 of 17 ;,c 198 Policy Number: PAS037514693 g. Any state or political subdivision, but only as respects legal Lability incurred by the state or political subdivision solely be- cause it has issued a permit in connec - tion with premises you own, rent, or control for one of the hazards listed below: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, cano- pies, catlar entrances, coal holes, driveways, manholes, marquees. hoistaway openings, sidewalk vaults, street banners or decorations and similar exposures; (2) The construction, erection or re- moval of elevators; or (3) The ownership, maintenance or use of any elevators covered by this m- surarce. 3. With respect to "mobile equipment' regis- tered 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 per- son or organization responsible for the can- duct Of gush person is 01-so 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 yr organization for this liaijiiity. 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 occu- pied by you or the employer of any person who is an insured under this pro- vision. 4. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, 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 180th day after you ac- quire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to '"bodily injury" or "property damage" that oc- curred before you acquired or formed the orgaiization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership. joint venture or limited liability com- pany that is not shown as a Named Insured in the Declarations. SECTION III - UMITS OF INSURANCE 1. The Limits of Insurance shown in the Dec - larations 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 clams or bringing "suits ". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage A. except damages because of 'bodily injury" or '. property damage" included in the "prod- ucts- completed operations hazard "; and b. Damages under Coverage B. The Gererai Aggregate Limit applies sepa- rately to each location owned by or rented to you. Location, as used here, means pre- mises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad 3. The Products - Completed Operations Ag- gregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard". 4. Subject to 2- above, the Personal and Ad- vertising Injury Limit is the most we will pay under Coverage B for the sum of all dam- ages because of alt "personal and advertis- ing injury" sustained by any one person or organization. 5. Subject to 2 or 3. above, whichever ap- plies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage' arising out of any one "'occurrence ". 6. Subject to 5. above, the Tenants Legal Li- ability Limit is the most we will pay under ..._„ »s _.¢y.�qM.± .- e.e..,. .1 ..... p.. C :..,i... Oa .. - . " r. p.,.. a•,n" .. Caoy�gh•, . "err +een snit*$ Jtficv. !K., 799 ' 9S2001 Ed 4-'99 Cupv-9n5 1999. M,ry'..d :i{.MrV Ccnyn.H. ,I +04,1,oA+1 ' Page 10 of 17 With respect to "mobile equipment" to which this insurance applies: a When this Coverage Part is certified as proof of financial responsibility under the provisions of any motor vehicle fi- nancial responsibility law, the insurance provided by the Coverage Part for Bodily Injury Liability or Property Damage Li- ability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. We will provide any liability, uninsured motorists, underinsured motorists, no- fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. 5. Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a Primary Insurance This insurance is primary except when b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That insures for direct physical loss to premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "au- tos" or watercraft to the extent not subject to Exclusion S. of SECTION I - COVERAGE A - BODILY WJURY AND PROPERTY DAMAGE LIABLrrY. (2) Any other primary insurance avail- able to you covering liability for dam- ages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any claim or "suit' if any other insurer has a duty to defend the insured against that claim or "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. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds 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 de- scribed in this Excess Insurance provi- sion and was not bought specifically to apply in excess of the Limits of Insur- ance shown in the Declarations of this Coverage Part c. Method Of Sharing If all of the other insurance permits con- tribution 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 in- surance 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 in- surance to the total applicable limits of insurance of all insurers. 6. Premium Audit I dtdes copyriVed material of Instranoe Servioss Offim Inc. Wth its pemissim 9S2001 Ed 4 -99 ��. 1999. Ilk trl diCasualty Cmp", Oasfito adcitmal text and revisims Page 12 of 17 ACC1R®� CERTIFICATE OF LIABILITY INSURANCE Ill DATEtmmmom ) 3/28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICAT ? 4 R.9 -; 1: 21 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). y; 3 ` PRODUCER Wood Gutmann & Bogart Lic #0679263 15901 Red Hill Ave., Suite 100 ^r q AHONN Eu -7 4-824-8327 A/C No E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC H Tustin CA 92780 INSURER Aflartford Accident and /26/2013 /26/2014 INSURED ARELL -1 INSURER B INSURERC:Amco Insurance CQmpaoy Arellano Associates INSURER D: i wi Mutual Ins GenovevaArellano 5851 Pine Ave Ste A RENTED PREMSES TO occurrence $1,000,000 Chino Hills CA 9170945 INSURERS: NSURER F: COVERAGES 'CERTIFICATE NUMBER: 1455909375 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR BR MD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EKE MM/DOIYYYY LIMITS C GENERAL LIABILITY CP7806098272 /26/2013 /26/2014 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY RENTED PREMSES TO occurrence $1,000,000 CLAIMS -MADE El OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY PRO LOC JFGT D AUTOMOBILE LIABILITY ACP7806098272 /26/2013 /26/2014 Ea accident 1,000000 BODILY INJURY (Par person) $ ANYAUTO BODILY INJURY (Per accident) $ ALL OWNED X SCHEDULED AUTOS PROPERTY DAMAGE Per accident $ X NOWOWNED HIRED AUTOS X AUTOS $ C UMBRELLA LIAB X OCCUR ACP7806098272 /2612013 /26/2014 EACH OCCURRENCE $2,000,000 AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED 'X I RETENTION$O $ A WORKERS COMPENSATION 72WECDQ0297 /27/2013 /27/2014 X WC STATU- OTH- TORY UMUS ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? F-1 N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 If yyes, describe under DESCRIPTION OF OPERATIONS below B C Errors & Ommissions Valuable Papers & Records PHSD736305 CP7806098272 /8/2012 /26/2013 /8/2013 /26/2014 2,000,000 1Clalm 2,000,000 /Agg 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Job: Warner Avenue Widening Project Job No: N- 2012 -011 Certificate holder is named as additional insured on the General Liability per attached PB6003 04 11. Primary and Non - Contributory applies on the General Liability, endorsement to follow from company. APPROVED AS TO FORSA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE LBUrB S t StteEdy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Assistant City Attorney Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE r ACORD 25 (2010105) (D 19BB -2010 ACORU CORPORA] ION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSIMESSOWNERS P13 60 03 0411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC AGENCY -INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section II. WHO IS AN INSURED: The municipality and/or public agency designated in the Schedule of this endorsement is also an insured, 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 in connection with your operations, other than the rendering of or the failure to render professional services, advice of instruction, subject to the following additional exclusion: This Insurance; including any duty we have to defend "suits ", does not apply to "bodily injury", "property damage" or "personal and advertising injury" that arises out of, in whole or in part; or is a result of, in whole or in part, the active or primary negligence of the municipality and/or public agency designated in the Schedule of this endorsement, whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. Municipality and /or Public Agency: PB 60 03 0411 SCHEDULE Page 1 of 1 e7u 13 " 415 AC"MY CERTIFICATE OF LIABILITY INSURANCE on e(MmIDDn r) 4/29/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CgNFf4 E- H�LDi . 1 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 a :' PRODUCER _. Wood Gutmann & Bogart Lic #0679263 15901 Red Hill Ave., Suite 100 B. CT Robin Holloway NOT PHONE E :7 - 2 - 2 A/C N.):714-573-1770 -MAIL ADDRESS: INSURER (S) AFFORDING COVERAGE NAIC # Tustin CA 92780 INSURER A:Hartford Accident and /26/2013 /26/2014 INSURED ARELL -1 INSURER B INSURER C:Amco Insurance Company Arellano Associates Genoveva Arellano 5851 Pine Ave Ste A INSURER D:Nationwide Mutual Ins Cc DAMAGE TO RENTED PREMISES (E.occurrence) $1,000,000 Chino Hills CA 91709 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 872520704 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR UBR MD POLICYNUMBER POLICY EFF MMIDDYYV n POLICY EXP MMIDDiNYVY LIMITS C GENERAL LIABILITY ACP7806098272 /26/2013 /26/2014 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (E.occurrence) $1,000,000 CLAIMS -MADE OCCUR MED EXP Any one person) $10,000 PERSONAL &ADV INJURY $1,000000 GENERAL AGGREGATE $2000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,000 POLICY PRO LOC JECT F7 I I $ D AUTOMOBILE LIABILITY ACP7806098272 /26/2013 /26/2014 COMBINED 1,000,000 BODILY INJURY (Per person) $ ANYAUTO ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accldenl $ X NON -OWNED HIRED AUTOS X AUTOS C UMBRELLA LIAB X OCCUR ACP7806098272 /26/2013 /26/2014 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAB CLAIMS�MADE DED X RETENTION$0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN 72WECDQ0297 /2712013 /27/2014 X WCSTATU OEH- ANY PROPRIETOMPARTNERIEXECUTIVE❑ E.L. EACH ACCIDENT $1,000,000 OFFICER /MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, describe under DE SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B C Errors &Ommissions Valuable Papers & Records PHSD839544 ACP7806098272 18/2013 /26/2013 /8/2014 /26/2014 2,000,000 /Claim 2,000,000 /Agg 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: All Operations for the City of Santa Ana Certificate holder is named as additional insured on the General Liability per attached PB6003 04 11. Primary and Non - Contributory applies on the General Liability, endorsement to follow from company. APPROVED AS TO koitiv, a� CERTIFICATE HOLDER .ry"�l.Q..f PC., . /!-'- CANCELLATION WLaur& L:Lt `Isheed Assistant, City Attor I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE e)1'HE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) ©1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESSOWNERS PB 60 03 0411 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MUNICIPALITIES OR PUBLIC AGENCY -INSURED PROVIDING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM The following is added to Section II. WHO IS AN INSURED: The municipality and /or public agency designated in the Schedule of this endorsement is also an insured, 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 in connection with your operations, other than the rendering of or the failure to render professional services, advice of instruction, subject to the following additional exclusion: This insurance, including any duty we have to defend "suits ", does not apply to "bodily injury", "property damage" or "personal and advertising njury' that arises out of; in whole or in part; or is a result of; in whole or in part, the active or primary negligence of the municipality andlor public agency designated in the Schedule of this endorsement, whether or not such negligence has been assumed by you in a contract or agreement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULE Municipality and /or Public Agency: PB 60 03 0411 Page 1 of f