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HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER, INC. - 2017INSURANCE NET ON FILE A-2017-226 WORK MAY IST PROCEED CLERK OF COUNCIL DAM SEP 14 201 REEMENT TO PROVIDE ON-CALL RIGHT OF WAY 0 e vv A (,1 ) ACQUISITION AND RELOCATION SERVICES THIS AGREEMENT is made and entered into this I �G1 day of August, 2017 by and between Overland Pacific & Cutler (OPC), Inc., a California corporation ("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 ("City"). RECITALS A. On June 13, 2017, the City issued Request for Proposal No. 17-065, by which it sought consultants to provide on-call right of way acquisition and relocation services in connection with various street improvement projects. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services as described in the scope of work that was included in RFP No. 17-065 for acquisition and relocation services and attached as Exhibit A to this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant raider 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of the City, Consultant shall perform the acquisition and relocation services that are described in Scope of Services Exhibit A, attached hereto and incorporated by reference. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither wan ants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total amount to be expended shall not exceed $300,000 during the term of the Agreement, including any extension periods exercised under Section 3. b. Paymefit by City shall be made within forty-five (45) 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. Page 1 of 8 EXHIBIT 1. 3. TERM This Agreement shall commence on the date first written above and continue for three 3 oars unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for up to one additional two (2) year period upon a writing executed by the City Manager 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-employce 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 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, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, 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 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 3700 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 with $2,000,000 in the aggregate. 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 by the City. iii. Certificates and policies shall state that the policies shall not be canceler or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, iv. Consultant shall supply City with a fully executed additional insured endorsement. 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 affect 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. INDEMNIFICATI®N Consultant agrees to defend, and shall indemnify and hold harpless the City, its officers, agents, employees, contractors, 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 Page 3 of 8 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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 Page 4 of 8 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; (e) 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. 11. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. 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 and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. 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 tem7s of this Agreement and any attachments hereto, the terns ofthis Agreement shall prevail. This Agreemment 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 or 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 is not embodied herein. 14. 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. Page 5 of 8 15. 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(s) 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 maybe brought or arise out of, in connection with or by reason of this Agreement. 18. 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. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below 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. Page 6 of 8 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. 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 fax 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 Fax: 714- 647-6956 With courtesy copies to: Fred Mousavipour Execrative Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-2 1) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Consultant: Mark La Bonte VP/Managing Director, Transportation Overland Pacific Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 Phone: 949-951-5263 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 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 atter it has been deposited in the United States mail, drily registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, 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. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 'NIarta D. HU1ZaT Clerk of the Council APPROVED AS TO FORINT: SONIA R. CARVALHO City Attorney By: Y. K�_ RL Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: RED MOUSAVIPOU Executive Director Public Works Agency CITY OF SANTA ANA CONSULTANT: Page 8 of 8 ]EXHIBIT A SCOPE OF SERVICES Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR RIGHT OF WAY ACQUISITION -RELOCATION AND PROPERTY MANAGEMENT SERVICES RFP NO. 17-065 Introduction and Background: The City of Santa Ana is issuing this Request for Proposals (RPP) to seek qualified On -Call Right of Way Specialty Services firms to provide On -Call Right of Way Specialty services on an as -needed basis. From the proposals received, it is the City's goal to select one or more firms to enter into agreement(s). The capital improvement projects needing the right-of-way services include, but not limited, to Warner Avenue, Bristol Street, Fairview Avenue, and Grand Avenue Street Improvements. The total amount to be expended shall be shared among all consultants providing these services. The services being considered for contract are the following "Specialty Areas": Maximum Contract SRecialty Areas Aggregate Amount (Al) Acquisition/Relocation * $600,000 A2 Property Mana ement Services * $400,000 Consultants are encouraged to prepare proposals for multiple specialty areas listed above. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City's goal to select one to two firms for each of the specialty services (Al and A2). The City will enter into separate agreements (the "Agreemen£') with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints. Detailed scope of work and the fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City's interests. * Please note that Right of way firms are welcome to submit proposals for both Specialty Areas. However, the Firm providing the Acquisition/Relocation for selected parcels will not be selected for Property Management services for the same parcels. City of Santa Ana RFP 17-065 Page Al -1 Minimum Oualifications: Consultant qualifications must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual which can be accessed at: htW://www.dot.ca.gov/ha/a-ow/rowman/inanual/index.litin. Consultant must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects. Description of Work: Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as -needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • All acquisition/relocation agents, performing work for the City, must hold a valid California Real Estate License. Salespersons must be registered with California Department of Real Estate (DRE), as working solely under the Consultant's supervising broker of record. • Work may include, but not be limited to, the following: onsite review of the project area; review of existing records; conducting research and performing analysis; information gathering; negotiations; development of strategies. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub -consultants. The Consultant shall review all work performed by its sub -consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub -consultant markup is not allowed in this contract. • The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process whereby work products are independently checked, corrected and back checked. All projects related correspondences and documents shall be maintained and bound in City of Santa Ana RFP 17-065 Page Al -2 appropriate project files. Additionally, all electronic files shall conform to the City's file naming system. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Consultant's Project Manager and critical staff must attend the montlily meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings. • Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City. • Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services. • All electronic submittals of files must be through a sharer( folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the Project. • Consultant must prepare electronic files of the parcels in according to Caltrans Review Process for right-of-way Certification. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement. (Al) ACQUISITION SERVICES: Consultant shall be Responsible for: "good faith negotiations" with property owners for the purchase of rigbt-of-way based on values established in the reviewed and approved appraisals; adherence to all professional standards and the Caltrans Right -of -Way Manual and all applicable laws and regulations; preparation of all written correspondence, applicable forms and City's standard purchase agreement; coordination with City staff; performance of notary services related to the signing of acquisition documents; escrow coordination with Agency's selected title company; completion of final close-out work per Caltrans requirements; and maintenance of all acquisition files including acquisition diaries. City of Santa Ana RFP 17-065 Page Al -3 Acquisition Consultant Responsibilities under the Uniform Act: • Ensure establishment of just compensation by local agency prior to initiation of negotiations. • Expeditious acquisition within 30 days of approved appraisal. • First Written Offer should be presented in person when possible. • Caltrans requires that a copy of the appraisal report shall be provided to the owner with the First Written Offer; a Summary Statement (basis for the appraisal) is adequate in this case. • Owner to be given reasonable time to consider City's offer and present material relevant to value detennination (i.e., 30 days and a minimum of 3 contacts). • Payment is required before taking possession unless date of possession clause is used in contract. Agency is responsible for payment of all incidental expenses (title, escrow, surveys, prepayment penalties) • Preparation of Administrative Settlements when it is reasonable and in the public interest. • Diary entries including confirmation of delivering Title VI information. Acquisition tasks shall include but not limited to: • Meet with City staff to discuss assignments and procedures. • Perform the services required by the City with qualified personnel; equipment, materials, supplies, and management and administration services. • All personnel and subcontractors, referred to as "Approved Personnel", shall be approved by City, prior to providing services. There shall be no changes in the Approved Personnel without written concurrence of the City. • Prepare and maintain a schedule of major activities and milestones and provide an estimate of the cost to conduct proposed assignments including assignments to subcontractors. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. • Present strategies for negotiating successfully and reach agreements with Property Owners and their representatives and to close the acquisition Process. • Be responsible for the accuracy of work and promptly make all necessary revisions or corrections resulting from errors and omissions by Approved Personnel. • As deemed necessary by the City, meet with the City and other staff as requested. • Prepare, Monitor and maintain all files (electronic as well as hard copy) to ensure overall project integrity. • Coordinate with the appraisers for site inspection • Review appraisal reports to ensure conformity with the environmental document and the Right -of -Way (ROW) Map. • Prepare and assemble the "Offer Package" using the format approved by the City for City signature. • Meet & Present written purchase offers to property owners as directed by staff. • Negotiate effectively with property owners, or businesses, tenants (or their appointed representatives) to successfully obtain an agreement for the purchase and sale transaction. • Supplement negotiations by obtaining and reviewing counter offers or demands from City of Santa Ana RFP 17-065 Page Al -4 property owners, recommendations for settlements, coordinating with the agency to review and discuss all possible solutions and problems, including condemnation. • Prepare all acquisition agreements, deeds and other documents necessary to complete the acquisition. • Obtain property owners' signature on the Purchase & Sale Agreements (PSA) • Obtain re -conveyance and subordination agreements as necessary. • Maintain an accurate and current record of all -pertinent information and contacts concerning the property owners and tenants. • Assist City in condemnation support activities. • Open Escrow after execution of PSA by the City and Coordinate closely with title & escrow companies to ensure escrow is closed on-time and properly. • Coordinate with lenders and escrow companies to obtain partial re -conveyance for part take acquisitions and obtain approval for close of escrow. • Obtain recorded deeds and title insurance policies after close of escrow and maintain appropriate reports for City. • Prepare and maintain a weekly status report of all cases identified by parcel number, property owner, address, Assessor's parcel snap (APN) and all other important information required to monitor progress of acquisition cases (Al CONTINUED) RELOCATION SERVICES Consultant shall provide a complete relocation assistance program to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) or Title 25, California Code of Regulations, its amendments, and other pertinent laws and regulations. Prepare Relocation Plans, Relocation Guidelines, relocation cost estimates, project area surveys and other specialized reports. Consultant's relocation services include, but are not limited to the following: General Relocation Services: • Prepare and maintain a schedule of major activities and milestones for relocation. Upon City's written approval of the estimated cost, initiate the assignment in a timely manner. Provide relocation advisory services • Meet personally with each displacee to ascertain the nature and scope of relocation assistance required, to inform the displacees of their rights, and to explain the relocation process Prepare a weeldy status report of relocation cases to be submitted to the City in a format approved by the City Document and log all contacts and activities Prepare and distribute informational brochures and other required notices Determine each displacee's eligibility for relocation; prepare an estimated timeline and benefits. All Notice of Eviction's (NOE) must be reviewed by the City prior to presentation to displacee • Prepare "Relocation Claim Package" in accordance with City approved format • Claim package must clearly identify the beneficiary of the claim (tenant or owner), benefit calculations per Caltrans standards, assignment of benefit forms signed by all parties and the consultant, W9 to match the name of the claimant as appears on the claim form. All elaiuls must include the (NOL). City of Santa Ana RFP 17-065 ^ Page At -5 • Relocation checks requested for pick up by consultant must be picked up by authorized personnel from City with a signed receipt. • Consultant must practice a system of "checks & balances" for delivery of relocation checks to recipients. It is suggested that checks be delivered by a different agent involved in negotiating with the claimant. • Conduct appropriate searches for relocation replacement sites and provide relocation site referrals to displacees • Obtain Moving bids and prepare estimate of benefits • Coordinate closely with Properly Management consultant so that proper fencing, board up, utility shut-off and testing of lead and asbestos can begin immediately upon vacancy of the buildings • and asbestos can begin immediately upon vacancy of the buildings Residential Relocation Services shall include but not limited to: • Prepare Residential relocation claims and submit to the City for approval and payment • Personally inspect replacement dwellings and/or buildings and sites to determine if they meet decent, safe and sanitary regulatory requirements • Coordinate the move with displacee • Prepare certification of abandonment and submit to the City Business Relocation Services shall include but not limited to: • Conduct interviews and establish eligibility for relocation benefits. • Coordinate with Furniture, Fixture, and Equipment (FF&E) appraiser to prepare an inventory of Personal Property, accompany the appraiser if requested. • Coordinate with Real Estate appraiser to ensure there's no duplication of benefits, accompany the appraiser if requested. • Coordinate with Business Goodwill appraiser and provide necessary assistance • Search and provide potential relocation sites to the businesses/tenants based on the type of business and their needs. • Determine eligibility for In -Lieu payment • Prepare construction cost estimates to determine reasonable relocation benefits of replacement properties • Determine actual and reasonable search expenses • Arrange for a final walk-through inspection of the property with displacee • Coordinate and monitor the move to ensure City purchased items are not part of the move. • When Personal FF&E is purchased from tenants, consultant must assist the City for Bulk Sale of the purchased items. • Prepare final claim, certification of abandonment and submit to the City Construction and moving bid services shall include: Movers: • Conduct on site inventory and photos Complete certified inventory and mover instruction form • Schedule and coordinate bids Attend site inspection, if necessary Review and compare bids City of Santa Ana RFP 17-065 Page Al -6 Contractors: • Verify licensing • Prepare mover instruction form • Schedule and coordinate bids • Attend site inspection, if necessary • Review and compare bids • Evaluate for eligibility Relocation Plan Consultant shall prepare a Relocation Flan, in accordance with all requirements of State Law, State Housing and Community Development (HCD) Guidelines, the Relocation Assistance and Real Property Acquisition Rules and Regulations of the Agency. The purpose of this Relocation Plan is to provide the City with sunurnaay and statistical information regarding the impact of a project to potential displaced people. Specifically, this report shall identify potential impacts that may occur as a result of the demolition of existing structures, proposed displacement of occupants, and a plan to rnitigate respective impacts. The Relocation Plan shall include: • Description of the proposed project and project location; • Assessment of needs; • Replacement housing resources; • Residential and commercial displacements; • Temporary housing (if applicable); • Program assurances and standards; • Relocation assistance program; • Citizen participation and plan review period; • Description of relocation benefits; • Eviction policies and procedures; • Appeals and grievance procedures; • Displacement schedule; • Estimated relocation costs. (A2) PROPERTY MANAGEMENT SERVICES: Description of Work: Consultant will coordinate all of the property managernent tasks with City staff and the demolition contractor as deemed necessary. Consultant shall provide post acquisition property management services during the transition from occupancy to demolition. This includes the coordination of utility connections and disconnections, preparing and facilitating short-term rental agreements, rent collections, providing eviction services, property maintenance and security, preparing and issuing notices to vacate in accordance with state law, coordination of final asbestos and lead surveys, and monitoring the demolition of structures and removal of underground storage tanks or other environmental concerns. Property management consultant is required to inspect all City owned properties and to confirm tenancy of occupants. City of Santa Ana RFP 17-065 Page Al -7 Property Management duties shall include but not limited to: • Review existing leases, licenses, franchises, easements, permits and other agreements for City properties. • Negotiate and draft new agreements or make revisions to existing agreements for approval by the City. • Collect rent and calculate tenant rental adjustments, increases and operating expenses for approval by City. Calculate the market rent for hold over tenants for owners that will not vacate the property within 3 days after closure of escrow and provide rental agreements to be executed for both parties and include in the escrow documents. • Coordinate with escrow companies for transfer of leases, security deposits and rents prior to close of escrow. • Schedule, coordinate, and perform property maintenance tasks with qualified vendors. • Perform periodic site inspection visits for subject properties as required by the City to ensure site security from vandalism. • Meet and inspect the City properties post -acquisition to ensure conformance with appropriate regulations. • Prepare and submit weekly status reports for all properties being managed. Report shall include at a miniminn, property address, owner's name, tenant's name and contract rent amount, notices, vacancy date and demolition. • Maintain and update tenant databases. • Coordinate with City's acquisition/relocation consultant for post -acquisition Property Management of City properties. • Act as Property Management Liaison between the tenants and City. • Coordinate with all utility companies for transfer and disconnection including but not limited to City Water Department, SCE, Gas Company, Waste Management and cable and telephone utilities. • Coordinate the removal of meters with utility companies in a timely manner to ensure scheduled demolition of structures. • Provide Security Services as needed. Security service maybe required to deter the vandalism of vacant properties. Hours may vary depending on the need for day or night time security. • Provide comprehensive maintenance services including the yard and site maintenance. • Coordinate vacancy of the properties with acquisition/relocation consultant. • Coordinate Fencing and Boarding Up of buildings after vacancy as necessary for security prior to demolition, • Arrange for board up if there was any break- in of the original Board Up. • Coordinate and provide access to properties, with demolition contractor. Coordinate eviction of tenants if necessary with City staff. • Coordinate with Escrow Companies for transfer of tenant information upon closure of escrow. TRUST ACCOUNT: Consultant shall establish a separate checking account in the name of City and Consultant with the City to be co-owner of the account and have Rill access at a bank approved by City and conform to the following policies: a) At the creation of the account, Consultant shall document all tenancies that currently exist at City -owned properties and provide the following information for each: tenant name, monthly rent amount, security deposit amount, beginning date of tenancy, and ending date of tenancy. This report shalt be updated monthly to reflect any new tenants. in b) Within three (3) days of receipt, Consultant shall deposit all proceeds received on behalf of City into account, including but not limited to rent, security deposits, and any amount that may become due by tenants. c) Funds may only be withdrawn by Consultant to pay property management related expenditures, including without limitation repairs, utilities, and maintenance, in an amount up to $1,000. Expenditures in excess of $1,000 must be approved by City. d) Non -emergency expenditures above $1,000 must be bid competitively to ensure property management funds are spent efficiently. e) The operating reserve amount in the account shall be $5,000 per parcel. Consultant is required to remit funds above the operating reserve amount after subtracting the projected expenses on a monthly basis. The funds shall be remitted by Consultant to City via ACH or wire within fifteen (15) days of the most recently completed month. On monthly basis, the Consultant should remit an itemized statement identifying revenues and expenditures collected and/or incurred during the period as noted in Section (h) below. (f) All expenditures, regardless of amount, must be supported by itemized invoice that tracks expenditures by tenant and corresponding City approval if applicable. g) Changes to the rental information, such as addition of tenants, and/or rental termination, must be approved by the Public Works Agency. Within ten (10) days of such approval, Consultant shall confirm all changes in writing to City's Public Works and Finance and Management Agencies. h) Consultant is required to maintain books and records in compliance with Generally Accepted Accounting Principles, On a monthly basis or upon City's request, Consultant shall provide alisting of the following: i. Rental income by tenant (identify property address) ii. Expenditures by category (e.g., utilities, maintenance, property management fees, etc.) i) Consultant shall make available all books and records related to the services provided to City Finance staff or Independent Certified Public Accounting Finn acting on behalf of City. J) City maintains the right; either by itself or through a CPA firm acting on its behalf, to conduct an examination of Consultant's books and records related to above -referenced service. The examination may be conducted on annual basis or upon City's discretion on reasonable notice. WEEKLY STATUS REPORTS: Consultant shall provide to the City Weekly Status reports relating to the management and operation of the premises for the preceding calendar week. These documents shall include the following, but not limited to: • Proper records with respect to leasing, management, and operation of the premises (i.e. receipts, disbursements, etc.) • Contractor competitive bids • Tenant Information, Owner's information, beginning date of tenancy, ending tenancy and vacate date, rent amount, security deposit, past due rents, 90 -day notice dates, Fencing, Board Up, and Testing date, 'Utility shut off and meter removal dates. • Status report must also include inspection dates and any action items needed daring the inspection and follow up of the action items. City of Santa Ana RFP 17.065 Page Al -9 [*v 11.3y is COMPENSATION Fee Proposal including; hourly rates if applicable 7n7V QrhotLdn nP itnurfv Oeinc 9 _ Right of way Management & Implementation Senior Program Manager $250.00 per hour Program Manager $200.00 per hour Senior Project Manager $150.00 per hour Project Manager/Project Controls Manager $130.00 per hour Sr. Acquisition Agent/Sr. Relocation Agent/Sr. Analyst $115.00 per hour, Acquisition Agent/Relocation Agent/Analyst $105.00 per hour Real Estate Appraisal Managing Director/Director $275.00 per hour Senior Valuation Analyst _ $225.00 per hour Valuation Analyst $150.00 per hour Assistant Valuation Analyst $105.00 per hour Utility Coordination Utility Manager w �, $150.00 per hour Senior Utility Coordinator $130.00 per hour Utility Coordinator $115.00 per hour _ Right of Way Engineering Project Engineer (PE) $200.00 per hour Survey Manager (PLS) $175.00 per hour ROWE/Survey Analyst $130.00 per hour GIS/CADD Analyst $105.00 per hour Property Management/ Property Services Property Management Supervisor $150.00 per hour Property Manager $115.00 per hour Property Services Supervisor $115.00 per hour Community Liaison $105.00 per hour Landscape Crewperson T $40.00 per hour Project Support/.Administrative Project Support Specialist $75.00 per hour Administrative Assistant $55.00 per hour EXHIBIT C CERTIFICATIONS C -I through C-3 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put In a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit Is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitut signature of this Non -collusion Affidavit. BIDDERS are cautioned that snaking a false certifica- in y s�ject the certifier to criminal prosecution. itglea Aa State of California County of l Subscribed and sworn to (or affirmed) before me on t $ day of 20_, by proved to me on the basis of satis lefory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3-1 WON]CC+ITi►MAIRMAXI A notarypublic or other officer completing this certificate verifies only the identity of the indlvldual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, orvia Iidityofthat document. State of California J Countyof 1ALLA(�2fC' — Subscribed and sworn to (or affirmed) before me on this 7 day of 'Jon c' , 20 Jj— r by fillIti'— , b l &Lk�— proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. NAF4TZA UEVABA c OOMPA. y2169828 NatsI Pobllc ;Calif o las Ait eta Countryy tree Oct 29 2020 Signature dtr (Sea) Optional Information Although the Information In this section is not required by lavv, it could prevent fraudulent removal and reattachment of this jurat to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document This certificate is attached to a document titled/for the purpose of containing pages, and dated Method ofAfiiant Identification Proved to me on the basis of satisfactory evidence: C) forma) of Identification 0 credible wiatesdes) Notarial event Is detailed In notaryjournai on: Page if Entry it Notary contact Other _ _LL _ ❑ Affiamb) Thumbprinds) [] Describe: Deopydghl 2007.2016 Nolmyaolap5 lee. Ise fex 41400. Des hloless, IA 50311:050]. All 11101ho Reserved Item 14,imber 101884. Pleaeeronwct your Aiaborged Reseller w purchase mules of this form. Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW 'Phe prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated Rinds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Finn Overland, Pacific & Cutler, Signed and Printed Name: / Title VP/Managing Director, Transportation Date 7/312017 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3. NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The tmdersigned consultant or corporate officer, during the performance of thus contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. I The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules; regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Govermnent contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Page by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title:VP/Managing Director, Transportation Finn: Overland, Pacific & Cutler, Inc. Date: 7/3/2017 City of Santa Ana RFP Page AM ACtO►/'`L7�CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 09127/2017/2017 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 have ADDITIONAL INSURED provisions or 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 Marsh Risk & Insurance Services[ 17901 Von Karman Avenue, Suite 1100I CONTACT NAME: PHONE o Ext): FAA/c No): (949) 399-5800; License #0437153F Irvine, CA 92614 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Accident & Indemnity Co. 22357 CN 1 02452723-STND-GAUWP-1 7- INSURED Overland, Pacific &Cutler, Inc.[ INSURER B : INSURER C: See Additional Page 3750 Schaufele Avenue] Suite 1501 Long Beach, CA 90808 INSURER D: QBE Insurance Corporation 39217 INSURER E : Hartford CasualtyInsurance Company INSURER F: COVERAGES CERTIFICATE NUMBER: LOS -002277376-16 REVISION NUMBER: 16 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 jt= WVD SUER POLICY NUMBER EFF MM/DDIYYYY MM DPOLICY YEXP D//YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR X 1000NHF0064 08/10/2017 08/10/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE T O RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY IT JECOT- r LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE LIABILITY IODUNHF0064 08/10/2017 08/10/2018 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS (Per accident) ) BODILY INJURY (Pidt $ NON -OWNED AUTOS ONLY AUTOS ONLY HIRED EX PROPERTY DAMAGE $ Per accident xi COMP $1000 COLL $1000 1 1$ X UMBRELLA LIAB X OCCUR IORHUJAB919 08/1012017 08/10/2018 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) N / A 1OWEAS9914 08/10/2017 08/10/2018 X IPERIOTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability OPLO714889 07/10/2017 07/10/2018 Each Claim / Aggregate 2,000,000 Deductible 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS IVEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Property Acquisition, Relocation & Management Services Agreement. A-2016-010, A-2015-165, A-2017-226, A-2017.228ii City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to General Liability.lu REVIE:tVED IBY. FI,.tPdli C f IERF fYIA Pt t,cm rrit,m r c nvLVCr% t,1A1Vl,CLLA I I JIN City of Santa Anal' P.O. Box 1988E 20 Civic Center Plaza (M-36).1 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 of Marsh Risk & Insurance Services Manashi Mukherjee —1VLA1%A1_Aa "-,JA+,,_tc..,11� ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD A AGENCY CUSTOMER ID: CN102452723 LOC #: Irvine ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk & Insurance Selvices0 Overland, Pacific & Cutler, Inc,O 3750 Schaufele Avenue0 Suite 1500 POLICY NUMBER Long Beach, CA 90808 CARRIER NAIC CODE EFFECTIVE DATE: 01 01 Workers Compensation Carriers (by Stale): 0 1) CA- Hartford Fire Insurance 0 2) NV - Twin City Fire Insurance Company 0 3) TX - Hartford Underwriters 0O (9 ZUOU AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD REVIEWED BY: EUNICE HEREDlA {PG 4F POLICY NUMBER: I0lU0BF0064 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE � I 0mmeOf���mm�ksued OrOoQom���n�: CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 IPO BOX 1988 ANA, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declaration ­ s. A. Section U —VVbo Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown inthe Schedule, but only with respect to liability for "bodily injury", "property damage' o "personal and advertising injury" caueeU, in whole or in part, by your acts or omissions Vrthe acts or omissions of those acting onYour beha|f� 1. In the performance ofyour ongoing operations; or 2. In connection with your premises owned by or rented tVYOU. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to euoh additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, B. With respect to the insurance afforded to these additional insureds, the following is added to SeotionU|—LinmdsOfInsuoanoe: V coverage provided to the additional insured is required by o cmr6naut or agreemmnt, the most we will pay on behalf of the additional insured is the amount ofinsunanoe� 1. Required bythe contract oragreement; ur 2. Available under the applicable Limits of Insurance shown inthe Declarations; whichever ialess, This endorsement shall not increase the applicable Limits ofInsurance shown inthe Declarations. CG 20 26U413 0Insurance Services Office, Inc-, 2012 Poo Overland Pacific & Cutler Inc. have all your rights and duties under this Coverage Pa rt. e. Unnarned Subsidiary Any subodiery, and Subsidiary Uheneof, Of your vvkiuh is a legally incorporated entity ofwhich You own e financial interest of more than 5096 of the voting stock on the effective date of the Coverage Part, The insurance afforded herein for any subsidiary not named in this Coverage Pad as a named insured does riot apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would bean insured Linder such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired orFormed Organization Any organization you newly acquire cvform, other than a partnership, joint venture or limited liability oompany, and over which you maintain financial interest of more than 50Y6 ofthe voting stock, will quality as Named Insured ifthere is noother similar insurance available tothat organization, Howmver� a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever isearlier, b. Coverage A does not apply to "bodily in]ury" or .'property damage" that occurred before you acquired orformed the organization, and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or k)nned the 4. Mobile Equipment With ns*peu to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along public highway with your, permission. Any other person mrorganization responsible for the conduct of such person is also an ineunad, 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 tothat person ororganization for this liability, However, noperson o/organization inaninsured with respect to: a. "Bodily injup/' to a co -"employee" of the person driving the equipment" or b. "Property damage" to property owned by, rented to, inthe charge cforoccupied byyou urthe employer of any person who is an insured under this 6. NunownedWatercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a ohorge, any person is an insured while operating auch watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an inaured, but only with respect to liability ahn|nQ out ufthe operation of the wabsroraft, and only J no other insurance of any kind isavailable tothat person ororganization for this liability Muwe*er, noperson or organization is aninsured with respect to: a. "Bodily injury" to a oo-'enYdoyee' of the person operating the watercraft" or b. "Property damage" to property owned by. rented to, inthe charge ofVroccupied byyou mthe employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement C)rPermit The following person(s) ororganization(s) are an additional insured when you have agreed' in written contraot, written agreement or because of a permit issued by a state or political oubdivision, that auoh person or organization be added as an additional insured onyour policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, A person ororganization is an additional insured under this provision only for that period of time required by the contract oragreement. Hmwever, no such person ororganization is an insured under this provision if such person or organization is included as an insured by anendo/eement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) of, o/ganizotion(a) (referred to below as vendor), but only with respect to "bodily injury" orproperty damage' arising out nf"your products" which are distributed orsold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage' included within the ''producta- oonnp|etedoperations hazard" (1) The insurance afforded the vendor iasubject to the following additional exclusions: This insurance does riot apply to: (a) 'Bodily injury" or "property which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement, This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract oregneemenL� that are in excess of the applicable limit of insurance, Anagreed settlement means asettlement andns|eese o[liability signed byus, the insured and the claimant o/ the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, Our obligations are limited as a. Primary Insurance This insurance is primary except when t. below applies. If other insurance is also phmary, we will share with all that other insurance by the method described in c. below, b. Excess Insurance This insurance is excess over any of the other msunsnce, whether primary, exoeea, contingent or onany other baein� (1) 9ourVVorh That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for 'your wmdk'� . (2) Premises Rented To You That is fine, lightning or explosion insurance for premises rented k»you or temporarily occupied byyou with permission ofthe mwner�. (3) Tenant Liability That is insurance purchased by you to cover your liability amatenant for "property damage" to premises rented to you or temporarily occupied byyou with permission ofthe mwner� (4)Aircraft, Auto OrWatercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent nN subject toExclusion g, of Section |—Covexage A—Bodily Injury And Property Damage Liob||ity� (5) Property Damage bzBorrowed Equipment Or Use Of Elevators If the |oee arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject hoExclusion j.ofSection | - Coverage A - Bodily Injury And Property DamageUabi|ity, (6) When You Are Added As An Additional Insured TpOther Insurance Any other insurance available to you covering liability for damages arising out of the premises or operabonm, or products and completed openationa, for which you have been added as nnadditional insured bythat inauranoe�or (7)When You Add Others As An Additional Insured ToThis Insurance Any other insurance available to an additional insured, Hmwever, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (s) Primary Insurance When Required By Contract This insurance iaprimary ifyou have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also phmary, we will share with all that other insurance by the method described in o. below, (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written oontnact, written aQneement, or permit that this insurance is primary and non-contributory with the additional ineured'emwn inauranna, this insurance is primary and we will not seek contribution from that other insurance, Paragraphs (a) and (b) dm not apply insurance to which the additional insured has been added ananadditional insured. When this insurance is exoeas, we will have no duty under Coverages AorBhzdefend the insured against any ''suit" if any other insurer has a duty to defend the insured against that ''yui1"If no other insurer defends, we will undertake to do mo but we will be entitled to the insured'a rights against all those other insurers. When this insurance is excess over other insurance, wewill pay only our share ofthe amount ofthe loss, |yany, that exceeds the sum of, (1) The total amount that all such other insurance vvuu|d pay for the |uas in the absence of this insurance; and (2) The total of all deductible and self-insured amountsunder all that other insurance, We will share the remaining |ume, if any, with any other insurance that ienot described in this Excess Insurance provision and was not bought specifically to apply inexcess ofthe Limits of Insurance shown in the Declarations ofthis Coverage Part, c. Method Of Sharing |fall ofthe other insurance permitacontribution by equal shares, wewill follow this method also, Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains. whichever, REVIEWED BY: EUNICEHEREDIA(PG OF", THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional A. If this policy is cancelled by the Company, other than for nonpayment ofpremium, notice of such cancellation will be provided at least thirty (30) days inadvance ofthe cancellation effective date tothe certificate ho|der(o)with mailing addresses unfile with the agent ofrecord nrthe Company. B. If this policy is cancelled by the Company for nonpayment ufpremium, o/bythe ineured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent ofrecord orthe Company, If notice is mailed, proof of mailing to the last known mailing address of the certificate ho|den(s)onfile with the agent of record orthe Company will be sufficient proof nfnotice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term, Failure to provide auch notice to the certificate holder(s) will not amend or extend the deba the cancellation becomes effeodve, nor will it negate cancellation ofthe policy. Failure tosend notice shall impose noliability ofany kind upon the Company orits agents orrepresentatives. Form |H0313UG11 Page 1of1 � � � C3 � � � CD CD Ln M + NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 10 WE AS8914 Endorsement Number: EffecthveDate: 08/I0/I7 Effective hour imthe same mmstated onthe Information Page ufthe policy. Named Insured and Address: OVERLAND PACIFIC AND CUTLER INC 3750 SC8ADFEL8 AVE SZE 150 LONG BEACH, CA 90808 This policy is subject to the following additional Conditions: A, In |[ this policy bcancelled bythe Company, other than for non-payment o[premium, notice n[such cancellation will be provided at least thirty (30 days in advance of the cancellation effenUma date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, If this policy is cancelled by the Company for non-payment of pnamium, or by the inourod, notice of such oenoaUedon will be provided within ten (10) days nfthe cancellation effective deby to the certificate holder(s) with mailing addresses on 0e with the agent of record or the Company. FonnVVC 99 03 94 Printed inU.S.A` Process Date: 08/11/17 If notice is mailed, proof of mailing tothe last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof ofnotice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued e certificate of insurance epp|ioob/o to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes eMeo|ive, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company orits agents orrepresentatives. Policy Expiration Date: 08/10/I8 ACOR" `�. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F07/03/2018 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 have ADDITIONAL INSURED provisions or 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 Marsh Risk & Insurance Services) 17901 Von Karman Avenue, Suite 1100, CONTACT NAME: C. o Ext): FAX No): (949) 399-5800; License #04371536 Irvine, CA 92614 E-MAIL ADDRESS: X INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Accident & Indemnity Co. 22357 CN1 02452723-STND-GAUWP-1 7- INSURED Overland, Pacific &Cutler, LLC] INSURER B: Hartford Casualty Insurance Company 29424 INSURER C: See Additional Page 3750 Schaufele Avenue/ Suite 1501 Long Beach, CA 90808 INSURER D: QBE Insurance Corporation 39217 E rINSURER INSURER F COVERAGES CERTIFICATE NUMBER: LOS -002277376-19 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. INSRLTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER EFF MM/DD/YYYY EXP POLICY/YYYY MM/DDPOLICY LIMITS A X COMMERCIALGENERALLIABILITY X 1000NHF0064 08/10/2017 08/10/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FxI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PE� LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 1000NHF0064 08/10/2017 08/10/2018 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ X1AUTOS ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ X COMP $1000 X COLL $1000 1 1$ X UMBRELLA LIAB X OCCUR 10RHUJA8919 08110/2017 08110/2018 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? NI (Mandatory In NH) NIA IOWEAS9914 08/10/2017 08/10/2018X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,D00 D Professional Liability QPL0714889 07/10/2017 08/1012018 Each Claim / Aggregate 2,000,000 Deductible 50,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Property Acquisition, Relocation & Management Services Agreement. A-2016-010, A-2015-165, A-2017-226, A-2017-22811 T City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions ith respect to General Liabilityn REVIEWED BY: EUNICE HEREDIA (PG 0 OAS II W16 I l9_iL _l1lli1VJ1, Flail City of Santa Ana[ P.O. Box 19886 20 Civic Center Plaza (M-36)1 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 of Marsh Risk & Insurance Services Manashi Mukherjee i.— @ 1988-2016 . ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102452723 LOC #: Irvine ACOl ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk & Insurance Serviceso Overland, Pacific & Cutler, LLCO 3750 Schaufolo Avenuou Suite 1600 POLICY NUMBER Long Beach, CA 90808 CARRIER TAIC CODE l EFFECTIVE DATE; THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation Carriers (by State): 0 1) CA- Hartford Fire Insurance 0 2) NV - Twin City Fire Insurance Company 6 3) TX - Hartford Underwriters on ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD E6Ci HEREDIA (PG FF -) The insurance afforded herein for any subsidiary not named in this Coverage Part as a named Insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or fore, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a� Coverage under this provision is afforded only until the 180th day after you acquire 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 occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that Is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission, Any other person or organization responsible for the conduct of such person Is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other Insurance of any kind Is available to that person or organization for this liability: However, no person or organization is an insured with respect to.: a. "Bodily injury" to a ca -"'employee"' of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6, Ad d I t I o h ai , i- In sureds. When. Required By .Written:: ',,Contract, Written Agreement Or 'Permlt The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional Insured on your policy, provided the Injury or damage occurs subsequent to the execution of the contract or agreement. Page 12 of 21 A person or organization Is an additional Insured under this provision only for that period of time required by the contract or agreement, However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a pail of this Coverage Part, Vend ors, Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product', (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) ""Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Sub- paragraphs (d) or (f); or (11) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors 0f# t Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Ar(;b!t#ctS, En.gineeti Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf, (1) In connection with your promises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies., This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you, !e. Perrfflta Isimed B state Or Political ,Sub�ilVlsiot's _. Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard", -fi Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; Pane 13 of 21 REVIEWED BY: EUNICE HEPI A (P G OFkt R (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate 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. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 6. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, 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. Damage To Premises Rented To You Limit Subject to 6. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. HG 00 0109 16 RE�IIEWED BY: EUNIGE HEREDIA (P In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these, 7. Medical Expense Limit Subject to 6. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily Injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed In a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b, The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not In addition to Limits of Insurance shown in the Declarations and described in this Section, The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance, SECTION IV . COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see., to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a. claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or 'tuft" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or ".suit" as soon as practicable, c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any dernands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with is in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent, e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional Insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership, Page 16 of 21 REVIEW I ED BY: EUNICE,HEDE:r11A 1­9of (3) Any manager., if you or the additional Insured Is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional Insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Pail: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will riot be liable for damages that are not payable under the terms of this Coverage Part or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. '4. Other l rrsuance If other valid and collectible Insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: This insurance is excess over any,of the other insurance, 'whether primary,, excess, any contingentother basl' or on Is, (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "`your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; EM39M (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to You or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion J. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below, (0) fri.mary, And Non -Contributory To Other I InsuranceWhen kequi'red By - contract. If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insureds own insurance, this Insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other Insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or 8 to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this Insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the Sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part, c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also, Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all Insurers, S. Prerniurn Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates, b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete', (2) Those statements are based upon representations you made to us; and (3) We have Issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7.tepprAijon , Of insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this Insurance applies'. a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" Is brought. Transfer Of fights' -of Recovery Ag1inst! To U ,Ot1h0m,:_, a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the pa- �J� REVIEWED BY: EUNICE HEREDIA (PPG F1 61/1 2y THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice, Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall Impose no liability of any kind upon the Company or its agents or representatives. Form 11-11 OS 13 0611 page I of I 0 2011, The Hartford A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. S. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective data to the certificate holder(s) with mailing addresses on file with the agent of record or the Company, If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives, Form IH 0313 0611 Page I of I 0 2011, The Hartford REyl,' ED BY. EUN GE Fi REDIA in rq M C) C) HM9N 71, FNTSTRI.9�fi �ik � � � � '' � � � � � 1 1, 1 iiiiii�i� 111i 11�� , i ;; PolicyNumber: 10 WE AS9914 Endorsement Number. Effective Date: 08/10/17 Effective hour Is the same as stated on the Information Page of the policy. Named Insured and Address: OVERLAND PACIFIC AND to INC 3750 SCRAUFELE AVE STE 150 LONG EACH, CA 90808 This policy Is subject to the following additional Conditions: A. 91 If this policy Is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days In advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If this policy Is cancelled by the Company for non-payment of premium, or by the Insured, notice of such cancellation will be provided within ten (I U) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 08/11/17 If notice Is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Policy Expiration Date: 08/10/18 0 2011, The ��artford POLICY NUMBER: 10 UUN EFOO64 COMMERCIAL GENERAL LIABILITY CO 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 PO BOX 1988 SANTA ANA, CA 92702 Information reauired to A. Section 11 - Who Is An Insured Is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising Injury" caused, in whole or In part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. Plowever: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured is required by a contract or agreement, the insurance afforded to Such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 A 11 be shown in the Declarations, B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance.* If coverage provided to the additional insured is required by a contract or agreement, the most we will pay, on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Q Insurance Services Office, Inc., 2012 Page I of 1 -J REVIEWED, I- EUNICE HEREDIA (P42, ON A �® CERTIFICATE OF LIABILITY INSURANCE DATE12018 /YYYY) 10102/2018 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(les) must have ADDITIONAL INSURED provisions or 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 Marsh Risk & Insurance Services[ 17901 Von Karman Avenue, Suite 1100[ CONTACT NAME: PHO (AJC No Ext): Fvc No): (949) 399-5800; License #0437153[i Irvine, CA 92614 E-MAIL ADDRESS: X INSURERS AFFORDING COVERAGE NAIC # INSURER A : Hartford Accident & Indemnity Co. 22357 CN102452723-STND-GAUWP-18- INSURED Overland, Pacific &Cutler, LLC7 INSURER B: Hartford Casualty Insurance Company 29424 INSURER C: See Additional Page 3750 Schaufele Avenue? Suite 1501 Long Beach, CA 90808 INSURER D : QBE Insurance Corporation 39217 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS -002277376.23 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. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMI POLICY /YYYY MPOLICY DDY� LIMITS A X COMMERCIALGENERALLIABILITY X 1000NHF0064 08/10/2018 08/10/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � PREMREM E T RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a jE F LOC PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 1000NHF0064 08/10/2018 08/10/2019 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO 1XX OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ COMP $1000 X COLL $1000 X UMBRELLA LIAB X OCCUR 10RHUJA8919 08/10/2018 08/10/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LAB CLAIMS -MADE DED I X I RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? N (Mandatory In NH) NIA 1OWEAS9914 08/10/2018 08/10/2019X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability QPL0714889 08/10/2018 08/10/2019 Each Claim / Aggregate 2,000,000 Deductible 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Re: Property Acquisition, Relocation & Management Services Agreement. A-2015-162, A-2016-010, A-2015-165, A-2017-226, A -2017-228W N City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to General Liabilityxi REVIEWED BY: EUNICE HEREDIA (PG ( OF City of Santa Ana[ P.O. Box 19881 20 Civic Center Plaza (M -36)i Santa Ana, CA 92702 t_ANI:tLLA I IUN 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 of Marsh Risk & Insurance Services Manashi Mukherjee _>LCL%Aaea" ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: CN102452723 LOC #: Irvine ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh Risk & Insurance Serviceso Overland, Pacific & Cutler, LLCM 3750 Schaufele Avenue[ Suite 1501 POLICY NUMBER Long Beach, CA 90808 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Workers Compensation Carriers (by State): o 1) CA - Hartford Fire Insurance 0 2) NV - Twin City Fire Insurance Company 7 3) TX - Hartford Underwriters r ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11, REVIEWED BY: IWAEUNICE HEREDIA (PG7� OF POLICY NUMBER: 10 UUN HF0064 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 PO BOX 1988 SANTA ANA, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 0413 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 0 Insurance Services Office, Inc., 2012 Page 1 of 1 REVIEWED BY: EUNICE HEREDIA (PG OF Ifk- The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire 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 occurred before you acquired or formed the organization; 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. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. Page 12 of 21 A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipmerrt (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or HG 00 0109 16 omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f Any Other Party Any other person or organization who is not an additional insured under Paragraphs a through e. above, but only with respect to liability for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; ,/ Page 13 of 21 REVIEWED BY: - ! EUNICE HEREDIA (PG5 OF `% (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage' included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural: engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. Page 14 of 21 No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or 'property damage" included in the "products - completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate 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. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, 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. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. HG 00 0109 16 REVIEWED BY: EUNICE HEREDIA (PG of In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. HG 00 0109 16 b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; Page 15 of 21 REVIEWED BY: EUNICE HEREDIA (PG -10F 0'lj (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available 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 other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis.- (1) asis:(1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 0109 16 REVIEWED BY. EUNICE HEREDIA (PG OF [ 2j Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium HG 00 0109 16 computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8 Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the Page 17 of 21 REVIEWED BY: EUNICE HEREDIA (PG OF IBJ,} t THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 0313 06 11 Page 1 of 1 C 2011, The Hartford REVIEWED BY: AV I EUNICE HEREDIA (PG 16OF f 2� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER1,0" I 1111,Q) This policy Is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file, with the agent of record or the Company. B. If this policy Is cancelled by the Company for nonpayment of premium, or by theAnsured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holdeqs) with mailing addresses on file with the, agent of record or the .Company. If notice Is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of,notice. Any notification rights provided by this endorsement apply only to active certificate, holder(s) who were issued a certlficate of Insurance applicable to this policy's term, Failure to provide such notice to the certificate holder(s) will not amend or extend the. date, the cancellation becomes effective, nor Will I It negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the,Qompany or Its agent's or representatives. Form IH 0313 0611 Page 1 of I 0 2011, The H artford REVIEWED BY: EUNICE HEREDIA (PPI or 124 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 10 WE AS9914 Endorsement Number: Effective Date: 08/10118 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: OVERLAND, PACIFIC & CUTLER, LLC 3750 SCHAUFELE AVE STE 150 LONG BEACH CA 90808 This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company_ B. If this policy is cancelled by the Company for non-payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. Form WC 99 03 94 Printed in U.S.A. Process Date: 08/10/18 If notice is malted, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives - 0 2011, epresentatives_ ©2011, The Hartford Policy Expiration Date: 08/10/19 REVIEWED BY: 0, EUNICE HEREDIA (PG 9F [2j