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Home My WebLink AboutOVERLAND, PACIFIC & CUTLER 3 ~ '" City of Santa Ana Clerk of the Council AGREEMENT TERMINATION zrrm NAY 12 -- Please complete this form when the attached agreement is no longer in effect. A/1 9: LID Return form to the Clerk of the Council Office (M-30). elT\- Call 647-5237 if you have any questions. CL t- ,\ ANA -". .~I\}r'fI ===================================================================~4~=.================== The agreement with Overland, Pacific & Cutler, Inc. (Previously Overland Resources) No. A-2003-038 was completed on 3/31/04 and final payment has been made. Continuous Department: Design Engineering - ROW Phone/Ext. : 5067 - Kent Jorgensen/Cindy Gomez Signature: ~.~ Date: 4/29/08 Revised 07 -23-D7 r t:> -;,~ ~ -.. NOTICE OF ASSUMPTION Re: Consultant Agreement A-2003-038 for Real Estate Consulting Services including appraisal and right of way acquisition services. NOTICE IS HEREBY GIVEN by Overland, Pacific & Cutler, Inc. to the CITY OF SANTA ANA (hereinafter referred to as the "City" as follows: 1. A Request for Proposal For Real Estate Services was put out for solicitation by the City on January 9, 2003; and 2. Overland Resources, Inc. submitted its Proposal to the City on January 24, 2003; and 3. The City awarded a public works General Right of Way Service Contract to Overland Resources, Ine. and all documents were signed by Ray Armstrong as the President of the company; and 4. Said company was purchased by Overland, Pacific & Cutler, Ine., a corporation under the laws and regulations of the State of California, with Marek Karon acting as the corporation's Chief Financial Officer and Barry McDaniel acting as the corporatioõ's Chief Executive Officer. Service of Process will be to: Overland, Pacific & Cutler, Inc., 100 West Broadway, Suite 500, Long Beach, CA 90802 (see attached Statement dated June 3, 2002); and . 5. Overland, Pacific & Cutler, Ine. hereby agree to honor the terms ofthe "Consultant Agreement A-2003-038" dated March 3, 2003, described in Exhibit "A" attached hereto and by this reference made a part hereof; and 6. Overland, Pacific & Cutler, Inc. hereby accepts and assumes the rights, liabilities and obligations of Overland Resources, Inc. under said Proposal and Contract, from and after the effective date of incorporation; and 7. All required insurance documents and bonds shall be issued in the name Overland, Pacific & Cutler, Inc., and aU payments by the City shall be made in the name of the corporation. DATED: 8'P3þ'3 Ove?jd~ Pacific BY'. . TITLE: " TAX ID #35- :J5s-<r9' 118 The City of Santa Ana hereby acknowledges and accepts the terms outlined in this "Notice of Assumption" agreement. ApPROVED TO FORM: Joseph W. Fletcher City Attorney J(¿c!C? DATE ~ Lisa Storck. Assistant City Attorney AMES G. Ross Executive Director of Public \Vorks _._-----"--------~---",._--------~--~- ., ~ 0' r A-2003-038 CONSULTANT AGREEMENT 3fd. J::j THIS AGREEMENT, A-2003-38, made and entered into this. day of LLCW , 2003 by and between Overland Resources, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of right of way services, including, but not limited to, project management, appraisal, and acquisition of rights of way. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide right of way services as needed. Said services shall include project management, appraisal, acquisition and other general right of way services, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $150,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM INSURANCE NOT ON FILE WORK MAY HQl PROCEED CLERK OF COUNCIL DATE: 5/1103 (.'; r<-J/7 I K kJ~"':>-'_".-) h'Û '1-3(, This Agreement shall commence on the date first written above and terminate on March 31, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2 d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (ii) (iii) f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 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. 7. CONFIDENTIALITY 3 If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza (M-36) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5635 4 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Overland Resources, Inc. 24422 Avenida de la Carlota, Suite 275 Laguna Hills, California 92701 Telefacsimile (949) 951-6651 Attn: Ray Armstrong A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without 5 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 16. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and Federal labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 el seq., Government Code § 4450 el seq., and the Unruh Civil Rights Act, Civil Code § 51 el seq. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: //-----;J ,// ~-".~ CITY OF SANTA ANA ~~ City Manager PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: CONSULTANT JOSEPH W. FLETCHER City Attorney By: ;D{¡;' '"JIQ)\\..,O.Q' Laur eedy Assistant City Attorney RA: ARMSTRONG President Tax ID# 33-0714803 7 Fee Proposal for P rofessiona I Right-of-Way Services Presented to: James G. Ross, Executive Director City of Santa Ana Public Works Agency 20 Civic Center Plaza M-36, 1" Floor Santa Ana, CA 92701 ATTN: Souri Amirani Presented by, Overland Resources, Inc. 24422 Avenida de la Carlota Suite 275 Laguna Hills, CA 92653 800901-5263 January 24, 2003 EXH!R1T A I I I ! I I I I I I I J I I I I I I RlAND Page 1 QYJ:s 0 U I! C E 5 .~. ~~ ~ CITY OF SANTA ANA 2003 SCHEDULE OF HOURLY RATES (inclusive of mileage) OVERLAND RESOURCES, INC. Principal $110.00 per hour Senior Associate $95.00 per hour Associate $85.00 per hour Project Administrator $68.00 per hour Administrative $39.00 per hour The finn considers photocopying, postage, telephone, FAX, and cellular communications charges as a nonnal part of doing business and, is included in the stated hourly rates. For this contract, local mileage is also included. Out-of-pocket expenses (requested overnight courier charges, blueprinting and reproduction) will be invoiced at cost plus 15% to cover administration, coordination, and handling. Subcontracted services (other than those listed above) wilI be invoiced at cost plus 15%. Overland Resources, Inc. maintains a minimum of $1,000,000 of Professional Liability (E&O), Commercial General Liability Insurance and similar minimum limits on non-owned vehicles. We comply with, or are exempt from current Califomia Worker's Compensation Insurance requirements. Hourly rates for depositions, court preparation and court appearances wilI be invoiced at two times the stated hourly rates. We will bilI progressively as the engagement proceeds and invoices are due within 30 days of receipt. 1;;"'" ~~ ~ CITY OF SANTA ANA ATTACHMENT "A" CONSULTANTS RATE COMPARISON FORM Appraisal Parcell: Parcel 2: Parcel3: $4,500 (part take) $2,500 (part take) $4,500 (part take) Sub-Total $11.500 I I Loss of Business Goodwill Appraisal Parcel I: Parcel 3: $4,000 $3,500 Sub-Total $7.500 I RIW Acquisition and Goodwill Settlement Coordination Parcell: $3,000 Parcel 2: $2,500 Parcel 3: $3,000 J $2,000 (franchisee coordination - Parcel 3) Escrow coordination, condemnation coordination Sub-Total $2,500 $11.000 J Phase I and II Overland's professional liability insurance makes it very difficult and expensive for us to provide environmental services under our umbrella. When this situation has arisen within the City of Santa Ana in the past, we have been able to coordinate the procurement for the City but allowed another consultant to procure this service under their contract. J $ no bid. I I I TOTAL $30.000 Page 2 RlAND OYFSOURCES I I I I ~~ ~ CITY OF SANTA ANA RIW Acquisition & Goodwill Settlement Coordination Parcel 1,2 and 3 Personnel Parcel 1,2 and 3 Hours per Task Burt Presnell PMlPA Ray Armstrong, SRIW A Principal -in-Charge 104 Hours 10 Hours I I For a project of this size, as described in Attachment "A", we would primarily utilize Burt Presnell, PMlPA. For larger/unique projects, we would discuss with the designated staff at the City of Santa Ana to determine the scope of a project and determine the necessary number of personnel, thus continually maintaining the integrity of the City's budget. Appraisal and Loss of Business Goodwill Appraisal are subcontracted tasks. The subcontracted appraisal team would perform these phases. Following is a schedule depicting time required to perform each task. This is a general timetable and can be modified accordingly. Page 3 PlAND OYfSOURCES IQJ!! 1 2 - 3 4 - 5 - 6 - 7 - 8 ~~ 10 - 11 - 12 - 13 - 14 15 16 - 17 18 - 19 - 20 - 21 22 23 Task Name PRE-ACQUISITION PROJECT PLANNING ACQUISITION PROJECT SCHEDULE 03 Feb Secure Full Project Plans Confirm CEQA, GC 65402, Project Authorization, Right to Take Secure Preliminary Title Reports APPRAISAL ACTIVITIES Order and Secure Real Estate Appraisals Appraisal Review ACQUISITION BY NEGOTIATION (fee owner) Set up Files and Prepare Offer Package Secure Client's Signature on Offer Letter Make Appointment to Deliver Offer Present Offer Package (Initiation of Negotiations) ALL OFFERS DELIVERED Notify Relocation Agent of Offer Conduct Good Faith Negotiations STAGE II COMPLETED Deliver Documents/Deeds to Client ESCROW COORDINATION Secure Docs from Client + Transmit to Escrow Escrow Process (45 days for individual parcel) Secure Tille Insurance ALL ESCROWS CLOSED DOCUMENTS NEEDED FOR EMINENT DOMAIN Task Split Project: General Acq Schedule Date: Fri 1/24/03 Progress . . . . I I I Milestone . Duration 30 days 213 213 ---r 30 days - - 85.5 days 55 days 30.5 days 215.5 days 14 days 1 day 5 days 21 days 0 days 21 days - 120 days 0 days ---- ~ 90 days 148 days ---- 97 days - 140 days - - 140 days 0 days - 14 days Summary Mar QIr 2, 2003 Apr I Ma Jun Qtr 3, 2003 Jul I Aug \. ., Rolled Up Progress External Tasks Rolled Up Task Rolled Up Split . . . . I . . Rolled Up Milestone 0 Project Summary Se QIr 4, 2003 Oct I Noy Dec' ID 16 24 - 25 - 26 Task Name Prepare Notice of Public Hearing + Resolution Deliver Condemnation Materials and Negotiation History STAGE III COMPLETED Task Project: General Acq Schedule Date: Fri 1/24/03 Split . . . . . I . Progress Milestone . ACQUISITION PROJECT SCHEDULE 03 Feb Duration 14 days 0 days 0 days Summary Rolled Up Task Rolled Up Split Rolled Up Milestone <) Mar Qtr 2, 2003 Apr I Ma - - . I . . . . Jun Qtr 3, 2003 Jul I Aug Rolled Up Progress External Tasks Project Summary Sep Qtr4,2003 Oct I Nov Deo ~12J ~12f ACORDm CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYY) 02 27 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED AICHER INSURANCE AGENCY 1255 PROSPECT AVENUE HERMOSA BEACH, CA 90254 (310)798-1650 (310)798-1654/FAX OVERLAND PACIFIC & 100 W. Broadway Long Beach, CA CUTLER, #500 90802 INC INSURER A: INSURER B: ILLINOIS UNION INSURANCE COMPANY PRODUCER INSURER E. INSURER c: INSURER D: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION UMITS ~NERAL. L.IABILlTY EACH OCCURRENCE $ COMMERCIAL. GENERAL. UABIUTY FIRE DAMAGE (Anyone fire) $ .- I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ f-- PERSONAL & ADV INJURY $ f-- GENERAL AGGREGATE $ GEN'LAGGREñ UMIT APn PER: PRODUCTS - COMPIOP AGG $ I POUCY ~~9.;. LOC ~TOMOBILE LIABILITY COMBINED SINGLE UMIT $ f-- ANY AUTO (Ea accident) f- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (f'erperson) $ f-- - HIRED AUTOS BODILY INJURY $ - NON-DWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS L.IABILlTY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE /1 AGGREGATE $ 0 C ~Lcjy II $ R DEDUCTIBLE il L./ t $ RETENTION $ $ WORKERS COMPENSATION AND 1/ I T~~Ií'l.~s I OTH- EMPLOYERS' LIABILITY ER E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE. POUCY UMIT $ A OTHER PROFESSIONAL BMI 20010437 11/15/03 11/01/04 $2,000,000 EACH CLAIM ERRORS & OMISSIOIi 1~2,000,000 AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *30 DAYS EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUMS CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BECANCEL.LED BEFORE THE EXPIRATION CITY OF SANTA ANA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * DAYS WRITTEN PUBLIC WORKS DEPARTMENT ~~--"~-.,.ro_~~,.w",ro..- 20 CIVIC CENTER PLAZA M-36 IMPOSE 0 ~~ OR LIABIUTY- OF ANY ~ND UPON THjNSURER, ITS AGENTS OR SANTA ANA, CA 92701 REPRES ATIVES. '\. ,aH_. ~_.- RlnnlnA AUTHO Z REPR~ENTA1~E ~p~' /~. / L/ ..(î--' ACORD 25-5 [1(97) "~ORPORATION 1988 ACORDm PRODUCER AICHER INSURANCE AGENCY 1255 PROSPECT AVENUE HERMOSA BEACH, CA 90254 (310) 798-1650 (310)798-1654 FAX OVERLAND PACIFIC & CUTLER, 100 W. Broadway #500 Long Beach, CA 90802 Â- ~Do3-038 A~),OO3,()1D COVERAGES CERTIFICATE OF LIABILITY INSURANCE DATE (MMfDD/YV) 02 27 04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INC INSURER A INSURER B: GREAT AMERICAN E&S INSURANCE COMPANY INSURER c: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. IN'¡;:I TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE P~~!fY EXPIRATION LIMITS A ~NERAL UABILITY PL 5574310 06/24/03 06/24/04 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 100000 I CLAIMS MADE 00 OCCUR MED EXP (Anyone person) $ exclude - PERSONAL & ADV INJURY $ 1000000 r-- GENERAL AGGREGATE $ 2000000 -¥l'L AGG~Eñ LIMIT APn PEA: PRODUCTS. COMP/OP AGG $ exclude X POLICY ~~Rr LOC A ~TOMOBILE LIABILITY PL 5574310 06/24/03 06/24/04 COMBINED SINGLE LIMIT $ ANY AUTO (Eaaccident) 1000000 - - ALL OWNED AUTOS BODILY INJURY $ ex SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ ~ - PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ =:JESS UABILITY ç4~' p~j //7 EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ u- .. t7 $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T~$LAJI¥S I IO~- EMPLOYERS' LlABIUTY E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L DISEASE - POUCY UMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS THE CITY, ITS OFFICERS, AGENTSW, EMPLOYEES, CONSULTANTS, SPECIAL COUNSEL & REPRESENTATIVES ARE NAMED AS ADDITIONAL INSURED PER ATTACHED CG8225 *30 DAYS EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUMS CERTIFICATE HOLDER I I ADDITIONAL. INSURED; INSURER LETTER: CANCEUATION SHOULD ANYOFTHEABOVE DESCRIBED POUCIES BECANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * DAYS WRITTEN CITY OF SANTA ANA NOTICE TOf{HE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHAL.L. PUBLIC WORKS DEPARTMENT 20 CIVIC CENTER PLAZA M-36 IMPOSE NO t~ON OR uA::~~J.röTAfIIY KIND UPON THE INSURER, ITS AGENTS OR SANTA ANA, CA 92701 REPRESENT TlVES, . '-' . I ,.Un. "~'n .' . AUTHOR~ REPRErAny ¿j¿,7. A )~l../ ACORD 25-S fl/97) "'AC~RPORATION ~i'1/ " J " OV£~lAND PACIFIC & CUTLER, INC. Polley #Pl5574310 Effective: 06/24/2D03 to 06/24/2004 JLGIIIA'''''''1CIWf .-,,~~_. COWMlIU' ---.. _.- F_.. c~-- AD WAUNT IT.-J. C.lIICtllMATI. ....0 .... CGIIZZII 1I!4 07 981 ntlS ENDORIllõMENT CHANGA TtIE ~ICY. I'U!AII! JIiA) IT CAJll!l'UU.V. COIIIMIftCIAL -lIRA! UAIIILITY IIUN("'- ADDITIONAL MU - IND04IfV"1ENT COMMERCIAL GENERAL LIAIIIUTT COVSlAGl! PAIIT TIll. encQro."""" mocIifl88 in_-- prcwicl8d uMW 1118 follcwMW Å. WHO 18 AN INSUIIED IS8odon IQ ,. - to inc:Iud8 a. an rn....-ed an, per--. CII' or- gsnizIIIon IC8lIeCl II'IoIitionslln8urHl ""*11 yo.. "8 requored to -.:t .. "" ~ ,........, on till. pOlIC' ...--. I. a wria81 C<IIIIrIlCJ or 1Qr- or; 2. In or.. o:oncr- Øt ..--.1 whoor. 8 c_flC- of "8I.II'II1C8 II\Ow,"" INt ptr¡ tOn or orgoniZltion as .. - lIT:- _eel 1111' ..... ¡....8It 1>&1' Ih8 wria81 or a.... _IICJ l1li* Þa / 3. cwrr_y in if feci or þleom.na iffacliv. d""'''1I1he - of 1his policy: Md , 4. .,,8C;UI8C prIor to '"" "'þocily in,....,: "prapen, cMmII... or "per8Cll18l 8Id elf- Virtl8lf1Ø 111/11'1' WIIiCII '''1R _fI8l. on or after 1h8 dace of 1h8 incllPflOn of IIIoe policy porioCI. .. -..... In 1118 C-.- lions P-øe of 1118 paIIc)' bu' pnor to "', '8/''''' or 1118 .. of 8IIp¡r""on or oen- <:81- 011111. poloCy. a. WoIII r.8p8CI to 1/18 --onei .1f0rø4 .wen -'\aGßlOMI ......r811. Ih8 1011OW1II 84<Ii1i0lll/ prøvi81ane appI,: I. 1/IIIt per8Of\ or orllllRlÌOl\ ,. 0lIl, In -'\0- 1ItIi0lllll .,....d w,'" ....,..CI to liebili\y .,..... QIrt 01: .. prlllTliH' QI ~ ,au own. rem. -. or. occupy; or b. ,....,. CIfIFIlII aper- pertormecl for t/I8r AcICII\iCJn8I InsureCI D, or fO( yau. T11a Í/IIurenc. pra\ll- to -. A.cIdItIanalln- ...-1Id - ncn apply 10 '1IOCIIIy ,nJwry" or "IreIpenY CIII1IIJ8" IIICIu<I8CI wi1/IIf 1118 'pro- duCI8-comp- aper8liOn8 .-.ct." :I. '1M L<miÞ of INW-- eppIicaÞl. to 81y -. -- 1n8W84 .... ""'.. aptIC'- flld in '"" Wl'1IIIIfI - or agr.'..-' or In 1/18 Declr- for "'.. f"'1icry. wI1icI18VtIr .. ~. II\CI W. Ù- to "'" - .... condition. of "". ØOtf8rIll fO(m ThIU L.IrMS of InSurMCe ... 1nc1U- IÌ'" of .,.. nor on 8ØØotIOn '0 "" ~lII'Ì1s of In......,C' ahown Iß 1h8 DectrIt,ORS ~ ... per_a Of' or~' - .s In -'\dCIIÞonat l/18li/'84 YfIer 1Ija - IIIIdII 3D eII,a arur ,~ op...ItOn, 0( 1IQr- for """ ....,.,...0,,81 Nond If. eampl"'" or - or ... e¡cpornon of "". poltey. Wllk:ll8var I. _1181' Co The ....,....,. pt-- to 81y AddIIIOnII In- .....a -. nor IIIfIIy 10 -_I, IßUI',; -prap- er\y CIIII18I1'1.. or "per8Cll18l 8Id lcIVertoSong In- j..,y "'"Ñ1fI out of 811 1IrCh1tCfa. InQinW'. or ......eyor.. ~inu of or f"""e to.- MY prOfM8i- ....- -III: ,. 1118... 'P"''' approvlRlo 01' '.Iong 10 pre- par. or 1IpPI'0ve IIIIp8. Cl'1W1nQ!. cp/niOn8. r......... .......,.. "'*'II" orcl8ra. 118'" or aptICificafion.. - CG 82 2& lEd. 07/1H11 XS eopyrighf, ......-n:e $~' Of1-. InC.. 11198 "ag8 I of 21 "."'-~'~"'i' ~'7d/r ,- ~",,""-.I,.~~~.~r ..!I.~~~ '-"~"T"'.'--4' .,~_r. I;:JftIIl ~1Ibiø. ,1 ... - a. 1Ul*'V1IOI',. inIpecIion. Of III1IMWtIIQ ..,."ioø. wI181IIIr 1I1e 011181' fns.no1ce II prirnory. ..- -.. CCIIItInIßI 0( on ." 011181' ..i. WIllen I wn- I'O/III'ICW 8I88ftMI lp8Cifleauv ,......... VIII .......- be pr....., COV..oge prOv,dIKI tI8r.... - ..". .. ...- ce" over 8I\y 0'III0r V*, 8IICI catIoM:tiÞIe in- _8nCIt Ivail8bfe to 8\' Ad4tionII lnIur.oI / '. ~i¿7 3/1 CG 82 26 iE<I D7/set XS Copyr,lI/II. ln8oIr'8\ce Serv,C8$ Offtca InC. 1888 ... 2 of a¡ . """<J'I~¡qo'l~<~ "'~.4I:);.'''''''.'~fI ~..~- ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 7/20/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 22801 Ventura Blvd, Third Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Woodland Hills, CA 91364 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone 818-225-6200 Fax 818-225-6210 INSURERS AFFORDING COVERAGE NAIC# INSURED Overland, Pacific & Cutler, Inc. INSURERk Great American E & S Company 100 West Broadway INSURER B, The Hartford Insurance Company Suite 500 INSURER c: Everest National Insurance Long Beach, CA 90802 INSURER'" illinois Union Insurance Company I INSURER E, RSUllndemnitv ComDanv COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJMS. INSR ADD' POUCY NUMBER POLICY EfFECTIVE POUCY EXPIRATION LIMITS $ 1,000,000 $ 50,000 $ Excluded $ 1,000,000 $ 2,000,000 PRODUCTS-COMP/OPAGG $ Excluded AUTO ONLY. EA ACCIDENT $ EA Ace $ AGG $ $ 1,000,000 $ 1,000,000 $ $ $ E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE. EA EMPLOYEE $ 1,000,000 E.L. DISEASE. POLICY LIMIT $ 1,000,000 EPL: $1,000,000 . $15,000 Retention E & 0: $2,000,000 . $50,000 Retention A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [!] OCCUR EACH OCCURRENCE 6/24/2004 6/1/2005 PL 5574310-01 PREMISES MED EXP An one person) PERSONAL & ArN INJURY GENERAL AGGREGATE GEN'LAGGREGATE LIMIT APPLIES PER: PRO- LOC AUTOMOBILE UABIUTY ANY AUTO 6/24/2005 COMBINED SINGLE LIMIT (Eaaccident) 72 UECUM6536 6/24/2004 B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) X HIRED AUTOS X NON-QWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Peraccidenl) GARAGE UABILITY ANY AUTO OTHER THAN AUTO ONLY: E EXCESsnJMBRELLA LlABIUTY X OCCUR D CLAIMS MADE EACH OCCURRENCE AGGREGATE NHA212256 119/2004 8/1/2005 UE:.uv{,;¡.¡8LE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY C ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERlMEMBER EXCLUDED? YES g~c¡¡~s~~J¡~~~~s below D g~~royment Practices Liab & Errors & Omissions Prof Llab 3900048305-041 6/1/2004 6/1/2005 BMI20010437 6/24/2004 6/1/2005 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PR .10 Days Notice of Cancellation for Non-Payment of Premium. AS TO FORM CERTIFICATE HOLDER City of Santa Ana Public Works Department Alln: Taig Higgins 20 Civic Center Plaza Santa Ana, CA 92701. Itlonallnsured CANCELLATION " $ 1,000,000 $ $ $ OT\<. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTteE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAlWRE TO DO so SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) \..-1 I--l @ACORD CORPORATiON 1988 . ..--. POLICY NUMBER: PL 5574310-01 POLICY TERM: 06/24/2004 - 06/01/2005 COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives. WHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. For: Overland, Pacific & Cutler, Inc. CG 20 10 11 85 Copyright, Insurance services office Inc. 1984 A.r'J'n~ ""/ "'t ~"\fl~U Jt.:; 'I. I) FORM ~~..,7/1 -- A,' :"'"1i.~,C( ,( - S.slsla 'j' ...,. .< , l """1fy AUof:¡cy