HomeMy WebLinkAboutMARK COMPANY, INC. 1 - 2002
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THIS AGREEMENT, made and entered into this ',-t!'-' day of _ M.&.9'r"" H ,2002 by
. and between Mark Company, Inc., a California Corporation (hereinafter "Consultant"), and the
m ~ 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").
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CONSULTANT AGREEMENT
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A. The City desires to retain a consultant having special skill and knowledge in the field of
repair of roadways~
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance ofthis 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 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 perform those 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 $ 9,900.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March
1,2003, unless terminated earlier in accordance with Section 12, below. The term ofthis
Agreement may be extended upon a writing executed by the Executive Director of Community
Development Agency and the City Attorney.
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4. INDEPENDENT CONTRACTOR
Consultant shaH, 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
shaH it be construed to create an employer-employee relationship, a joint venture relationship, or
to aHow 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 shaH be provided in a manner consistent with aH
applicable standards and regulations governing such services. Consultant shaH pay aH salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shaH be responsible for aH applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shaH
maintain and shaH require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shaH maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees 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
shaH be not less than the foHowing: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of$I,OOO,OOO per
occurrence. Consultant shaH supply City with a fully executed additional insured endorsement in
substantiaHy the form attached hereto as Exhibit B upon execution of this Agreement and shaH
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 shaH 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 ofthe 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. (reserved)
e. The foHowing requirements apply to the insurance to be provided by Consultant
pursuant to this section:
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(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
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 affect Consultant's right to be paid for its
time and materials expended prior to notification oftermination. 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 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason ofthe events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
3
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 ofthe Consultant disclosed in a publicly available source; (c) is in rightful
possession ofthe Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
. Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
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 Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6549
and,
City Attorney
City of Santa Ana
4
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Mike De Salvo
Mark Company
2288 N. Batavia
Orange, CA 92865
714-685-3474
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
5
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 ofthe 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 ofrace, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any ofthe clauses ofthis 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.
16. MISCELLANEOUS PROVISIONS
6
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each ofthe terms of this Agreement, and shall
indemnity 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 ofthis Agreement.
17. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS
Consultant shall perform all services in substantial conformity with all applicable laws,
ordinances, statutes, codes, rules, regulations, orders, and decrees ofthe United States, the State
of California, the County of Orange, the City, or any other political subdivision in which the
Property is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the City, the consultant or the Property, including all applicable federal, state,
and local occupation, safety and health laws, rules, regulations and standards, applicable state
and labor standards, prevailing wage requirements, City zoning and development standards, City
permits and approvals, building, plumbing, mechanical and electrical codes, and all other
provisions ofthe City and its Municipal Code, and all applicable disabled and handicapped
access requirements, including, without the limitation, the Americans With Disability Act,
42 U.S.C. ~ 12101 et seq., Government Code ~ 4450 et seq., and the Unruh Civil Rights Act,
Civil Code ~ 51 et seq. ("Governmental Requirements").
7
."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City At Y
B'
Cristine aw
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
Jolttin
Executive Director of the
Community Development Agency
PJ::~ p~,L
TITLE f'JZ65fOfi(/.J r
9.5 - ;'~OW:1
Employer ill # or Individual SS #
8
The Depot at Santa Ana
1000 E. Santa Ana Blvd. Suite 108
Santa Ana, CA 92701
Phone (714) 565-2690
Fax: (714) 565-2693
Bid Log:
Date:
Project:
City:
13020107
1/24/02
Temporal)' AC Patch
Santa Ana
Attention: Carolyn Fullerton
GENERAL ENGINEERING
GFlADING . PAVING. CONCRETE. PIPELINE
ASPHALT & CONCRETE MAINTENANCE
THE FOLLOWI"IG PROPOSAL INCLIDES LABOR, EQUPMENT, MATERIALS, FREIGHT A"ID TAXES. PRICES ARE BID AT OPEN SHOP,
NON-PREVAILI"IG WAGE RATES. PROPOSAL IS VALID FOR 30 DAYS FROM ABOVE DATE. THE ATTACHED "IOTES ARE PART OF OlJR
PROPOSAL AND WILL BE INCORPORATED INTO A"IY SIJBSEQt:ENT CONTRACT. MARK IS NOT RESPONSIBLE FOR DA\IAGES OR
DELA VS RESLL TlNG FROM lJTlLITY 'NTERRt:PTlO:'>S AlIiD/OR MATERIAL DELAYS.
Item No.
Description
Quantity U1M
UnitPrice Total Price
REVISED BID:
2 1 Remove 3" AC & 5" Dirt
2 2 Scarify 6" & Recompact Subgrade
2 3 8" AC Deeplift
Total for REVISED BID:
1,638.0 SF
1,638.0 SF
1,638.0 SF
1.800
2,948.40
950.04
5,651.10
$9,549.54
$9,549.54
0.580
3.450
Total Proposal Price:
Conditions:
1. Retention is 5% and payable 60 days after completion of work.
2. Changes in scope of work will be performed on a time & material basis or on a preagreed change order
basis. Client shall approve and authorize the basis prior to the work being done.
3. Bonding, permitting, engineering and surveying are not included.
4. Prior to any materials being ordered or any work being started, we require a signed agreement, 3 sets of
approved plans, and copies of permits pertaining to our work.
5. Bid only includes badly damaged asphalt area as discussed with Carolyn.
6. Asphalt paving was bid to be done in 2-lifts only. Job was bid as a 2 day operation.
7. Mark Company will warrant the workmanship of the completed patch but will not warrant the durability of
the repairs.
8. Bid excludes striping per discussion with Carolyn.
EXHIBIT A
MARK COMPANY, Contractor's License 266187
-~/~
Mike DeSalvo Accepted By:
2288 N. BATAVIA. ORANGE. CA 92865 TEL: (714) 685-3462 . FAX: (714) 685-3474
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PRODUCER
USI of Southern California
Lic# 0351162 *** 818 906-3350
PO Box 9004
Van Nuys, CA 91409 , I INSURERS.fSBII:trt_RAGE
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Dba Mark Company, Inc. ',NSURERO, Steadfast Insurance Co. (Lemac)
gaa N~~~~65 ~".u"Efl~,_St~_te c6mpensClt:.ion-tniiurance-Flind-
range, I,NSURERE' *Except 10 days for non-payment'
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,EXCLUS'ONSANDCONDITIONSOFSUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~'i TYPEOFINSUAANCE ~W;NU;";ER -----~-lfFeC1iVE-- '~-~jiiRAtiONr------ UMITS
AOENERALUABIUTY GL0377305700 ,11/07/00 04/20/02 ~CHOCCURRENCE __L'l,OOQLOQ,O_
lX+~ M EAClAl GENERAL LIABILITY I I ~R, E ~~~~E (A.nt~ tireL_,' ~,~_Q_~_ .0 0 Q
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GEN'l AGGREGATE LIMIT APPLIES PEA: i ~AOOUC?TS .COMPJOP AOOr$_~L9_Q~Q O~~L
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B i AUTOMOBILEUABIUTY IBA8250692 04/20/01: 04/20/02 """BINEDSINGLELlMIT
, ANY AUTO (Ea acddent)
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS ~6THE CERTIFICATE
HOLDER. THIS CERTlFI NO, EXTENO OR
ALTER THE COVERAGE A UClES BELOW.
: !C___J ALL OWNED AUTOS
SCHEDULED AUTOS
X : HIRED AUTOS
~ NDN-OWNED AUTOS
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BOOIL. Y INJURY
, (Perpllr&On)
'$1,000,000
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0460210738
[01/01/02101/01/03
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, OTHER
DESCRIPTION OF OPERATlONS/LOCATlONSIVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/sPECIAL PROVISIONS
CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
ARE INCLUDED AS ADDITIONAL INSUREDS AS EVIDENCED BY ATTACHED ENDORSEMENT
(PRIMARY)
CERTIFICATE HOLDER
1 ADDmONALINSURED;INSURERLETTER:
CANCELLATION
SHOULD AHYOFTHEABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAllON
DATE THEREOF. THE _lMNG INSURER WlLLlUIIII1IIl.XDAIL ~O- DAYS WRITTEN
NO'nCETOTHE CER11FICATE HOLDER NAMED TOTHE LEFT.JIIIlftlt8(uar--.~
SANTA ANA REGIONAL
TRANSPORTATION CENTER
1000 E. SANTA ANA BLVD., #300
SANTA ANA, CA 92701
ACORD 25-8 (7/97)1 of 2
#M84499
JXF c;> ACORD CORPORATION 1981
POLICY NUMBER: GL0377305700 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: SANTA ANA CREEK DEVELOPMENT COMPANY DBA: MARK COMPANY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
........................... ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
SANTA ANA REGIONAL TRANSPORTATION CENTER
CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
If no entry appears above information required to complete this endorsement wiD be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
PRIMARY CLAUSE ENDORSEMENT:
It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured
shown shaD be primary insurance, but only as respects to any claim, loss or liability arising out of the
operations of the Named Insured and any other insurance maintained by said Additional Insured shaD be
non-contributing.
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Signature
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CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984
IMPORTANT
If the certificate holaer is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions ofthe policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representetive or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
,-y
ACORD2S-5(7J97);2 of;2 #M84499
Client : 28330
MARKCOMP
ACDBIJ",
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYY)
04/18/02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. TliIS CERTIACATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY TliE POLICIES BELOW,
PRODUCER
USI of Southern California
Lic# 0351162 *** 818 906-3350
PO Box 9004
Van Nuys, CA 91409
INSURED
! INSURERS AFFORDING COVERAGE
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I ';:'s~~~Rci:ftate'Comperisation-liistirance Fund
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: INSURER 0:
',Ns~~~~~-*Exce-C16aa-s-fornncm- a ent
Santa Ana Creek Development Company
Dba Mark Company, Inc.
2288 Batavia
Orange, CA 92865
COVERAGES
THE POLICIES OF INSURANCE USTED 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.
NSRT---~PE OF INS~~NCE-----~-------;~~CY NU~~---IPOLlCY EFFEcn~E
A GENERALUABIUTY GL0377305700 04/20/02
"__~_ +~C?M,M ERCIAL GENE~~~_~IABILITY
_oj I CLAIMS MADE i_.X I OCCUR
I){~B.EPD Lxcu _n__n
. )(J~QNTRb_c:TUl\L __
r;EN'L AGGREGATE lIM IT APPLIES PER:
POLICY-X PRO- ---- LOC
B i AUTOMOBILE LIABILITY
1--1 Am AUTO
~ All OWNED AUTOS
d SCHEDULED AUTOS
I~-j HIRED AUTOS
X . NON.QWNED AUTOS
IPOllCy-eXPiRATloNi--- LIMITS
OAT M ODIY
05/01/02 ~EA. CH""-...C_UR_.RE_.NC E....._........._.....$...l... ,...0....0...0....,.0..0.0.
FIR~~~~~~EUAnto~~fir~) 1$50/ 000
; ~ED EXP (~ny on~_pers~ -1!~J_ 90_0
PERSONA!~_~V IN~~~:t_ _ _ j _~ 1/ 0 0 0 / Q 9 0 _
:;~~~;~;~;~~~A~J:t~ g~~ggg.
BA8250692
04/20/02 OS/28/02
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per accident)
i
1$1,000,000
+ -
I
1$
I
1$
1$
BODILY INJURY
(Per person)
PROPERTY DAMAGE
(Per accident)
GARAGE UABILlTY
,~1 ANY AUTO
I EXCESS UABILITY
[~J OCCUR i__ CLAIMS MADE
I
I
i.. ___I DEDUCTIBLE
1 RETENTION $
C WORKERS COMPENSATlON AND
EMPLOYERS' LIABILITY
!-~}Q9_NLY__~_~~~!~_E~,. .Ij__~
OTHER THAN _~_~C?9:__;~_
AUTO ONLY: AGO $
I EACH OCCUR'!I::~~___----,-_L
LA~~RI:_~,4._~___ _ _ _-1 $_
I $
e----.---
i
1---.--.-------------.--
,
ni;
X we STATU- iOTl-l-
~_ __--1TQBYJ.!MlTS_____ _LJ::A.______
11'._:.:~~~~;:~~l::E~~~~y~~[-: ~-:--~_~ ~..~.-~_~~~_-
E.L. DISEASE "POLICY LIMIT $1 0 0 0 0 0 0
460210738
01/01/02
i
I
01/01/03
I OTHER
DESCRIPTION OF OPERATlONSJLOCATlONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPEC
CERTIFICATE HOLDER, ITS OFFICERS, EMPLOY TEERS ARE
INCLUDED AS ADDITIONAL INSURED WITH REGARDCm5 U AND DEFENSE OF
SUITS ARISING FROM OPERATIONS AND USES PER~RME@it~+t~e~N BEHALF OF THE
NAMED INSURED PER ATTACHED ENDORSEMENT (PRIMARY), SEVERABILITY OF
(See Attached Descriptions)
CERTIFICATE HOLDER
AD D ITlONAL INSURED "INSURER LETTER:
CANCELLATION
CITY OF SANTA ANA PUBLIC WORKS
AGENCY
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92701
SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ~AIL ~ 3.fr DAYS WRITrEN
NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT.JI~
IlI.IImIOI!IXIXOOJD!IHlllIHOOI(~HOISllK
ACORD 25-S (7/97)1 of 3
#M148212
JXF @ ACORD CORPORATION 1988
DESCRIPTIONS (Continued from Page 1)
INTEREST APPLIES THIS INSURANCE SHALL NOT BE CANCELLED OR MATERIALLY
REDUCED IN COVERAGE OR LIMITS EXCEPT AFTER (30) DAYES WRITTEN NOTICE HAS
BEEN GIVEN TO THE CITY OF SANTA ANA, PUBLIC WORKS AGENCY, 204 WEST FOURTH
STREET, SANTA ANA, CA 92701
APIa ~"... ^ AS TO FORM
//1r ~/1/ X , .,:L/~
CR/STINE LEE SHAW
Deputy City Attorney
AMS25.3(07197)3 of 3 #M148212
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7197)2 of 3 #M148212
POLICY NUMBER: GL0377305700 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: SANTA ANA CREEK DEVELOPMENT COMPANY DBA: MARK COMPANY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
...........................ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
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, EMPLOYEES, AGENTS AND VOLUNTEERS
If no entry appears above information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
PRIMARY CLAUSE ENDORSEMENT:
It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured
shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the
operations of the Named Insured and any other insurance maintained by said Additional Insured shall be
non-contributing.
1~fn.~
Signature --
CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984
Client#: 2 B3 3 0 MARKCOMP
~ CERTIFICATE OF L1ABI L1TY INSURANCE I DATE (MMlDDlYY)
02/07/01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
USI of Southern California ONLY AND CONFERS ~U! iEiiE CERTIFICATE
HOLDER. THIS CERTIFI NO, EXTEND OR
Lic# 0351162 *** B1B 906-3350 ALTER THE COVERAGE A U OLICIES BELOW.
PO Box 9004
Van Nuys, CA 91409 INSURERS if~tttf; 209tRAGE
--- ------" --- ___m ---- -- - ------ - -- ---- -- - - --- ---; ~~suRE~~-:-ZurI.ch=-)~lIleilcan TLemac) -- --
INSURED
Santa Ana Creek Development Company ~~SURE~B Safeco-Insurance company- -
Dba Mark Company, Inc. ;;S;'RE~C Steadfast Insurance C6:l'Lemacr-
2288 N. Batavia , I;;SURER~' State -CompensatfclIl'insurance Funa
Orange, CA 92865 -;;'s~R~~-*Exc::ept-l('- days for non-=-navrnent ---
COVERAGES
THE POLICIES OF INSURANCE L1STEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT. 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 PAlO CLAIMS.
~:--- --TYPEOFINS~;~.K:-;-- -- -- ---;OU-C;~UM~-;R --~[~tFFE~~E P~~fJtXPiRtn~N -- -- UMITS ---- -----
A !_G"NERALU,.BIUTY GL0377305700 ,11/07/00 04/20/02. EACH occURRENCE_ _f$:I,.L_OOO~OOO
~~...~1C..OM._-.J...~.~I~s.A~:.:.:.ER[Xl~~I.AC:.1~1:. . ~:.: ::~;:._":. :~Y.p:.:~lf :~~O ~~._.O.__..__._
IXBF'!'[)/X;~U _ __ ~PERSONAL&ADVINJURV $l,-OOO,Q.OO_
I_X CON'J:'RAc::,!,UAL_ GENERALAGGREGAT"---~, 000, Q.QO
G_E~'L AGGRE,GA!.~ LIMIT APPLI_~,S PER: ~RODU_C!~.9<:>MP/OP AGG_~_$~~_Q_~O Q~-
POLICY! X I ~Ro- I lOC
B i AUTOMOBilE lIABIL.ITY
I ----1 ANY AUTO
X! All OWNED AUTOS
I I SCHEDULED AUTOS
1 I
! X 1 HIRED AUTOS
I Xl NON-OWNED AUTOS
BA8250692
I
,
1
,
COMBINED SINGLE LIMIT $1 , 0 0 0 , 0 0 0
(Eaaccident)
r;;~IL~ INJ~RY-- -- 1-$--
I~per~~~__ _----1_ -----
, BOCIL Y INJURY $
(Per accident) ,
I;~o~-~ ~~~~~E ---1.-
I (Per accident)
r. ~AGE LIABILITY
~_ _I ANY AUTO
C EXCESS LIABiliTY
COX] OCCUR r_~ CLAIMS MADE
1
SU03B7310600
11/07/01 04/20/02
~U:rQ ON~_Y__~~~C~DENT ,~__
I OTHER THAN ~A ACC ~~_ ____
! AUTO ONLY: AGG i $
fEACH OCCURRENCE __ ':!"LO O_QJ oog
fAGGR~GATE____p-1 ,0_00 LOO 0
.
-,
! _ I DEDUCTIBLE
Xl RETENTION .10000
D 'WORKERS COMPENSATION AND
I EMPLOYERS' LIABILITY
I
!
,
i
10/160210738
I r-
! -'-
01/01/02 ! 01/01/03 IX .T~mJ~ ..lOJ~:_. --
EL EACH ACCIDENT $1, 000,000
---- -- ---- -
E.L DISEASE-EA EMPLOYEE' $1 LOaO ,000
r--- ------ ------------ ------ - -- ----- ---
E.L. DISEASE - POLICY LIMIT i $1 000 000
f!-
1$
OTHER
!
DESCRIPTION OF OPERATlONSILOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTJSPEClAL PROVISIONS
CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
ARE INCLUDED AS ADDITIONAL INSUREDS AS EVIDENCED BY ATTACHED ENDORSEMENT
(PRIMARY)
CERTIFICATE HOLDER
NJDmONAL.INSURED'INSURER LETTER:
CANCELLATION
SHOULD ~YOFTHE ABOVE DESCRIBED POLICIESBEC~CELLED BEFORE TH E EXPIRATION
DATE THEREOF, THE iSSUING INSURER WILLJI:ftIQH,1lDI~A1L '!.J_D. DAYS WRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT~X
X\lIJI~~~
~
AUTHORIZED REPR ENTATlVE
SANTA ANA REGIONAL
TRANSPORTATION CENTER
1000 E. SANTA ANA BLVD., #300
SANTA ANA, CA 92701
JXF Gl ACORD CORPORATION 1988
ACORD 25-5 (7/97)1 of 2
#MB4499
'-
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD2S-8(7/97)2 of 2 #M84499
,
POLICY NUMBER: GL0377305700 COMMERCIAL GENERAL LIABILITY
NAMED INSURED: SANTA ANA CREEK DEVELOPMENT COMPANY DBA: MARK COMPANY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
,
...........................ADDlTIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
(FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
SANTA ANA REGIONAL TRANSPORT A TION CENTER
CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES
If no entry appears above information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
PRIMARY CLAUSE ENDORSEMENT:
It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured
shown shall be primary insurance, but only as respects to any claim. loss or liability arising out of the
operations of the Named Insured and any other insurance maintained by said Additional Insured shall be
non-contributing.
)
Y;/ep':-?7 U0.u A
Signature
FORM
CO 201011 85 Copyright Insurance Services Office, Inc. 1984