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HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER 5a -2006INSURANCE ON FE' WORK MAY PROCEED A-2006-044 U/NT_IL INSURANCE EXPIRES lll_ /? l?le .. CLERK OF DATE 5-1-0 1-0 (Io FIRST AMENDMENT TO AGREEMENT o-1 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into ? r w 6,I) on March 6, 2006, by and between Overland, Pacific & Cutler, Inc., a California ?? corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2005-102, dated May 16, 2005, (hereinafter "said Agreement") by which Consultant has provided right-of-way services, including project management, appraisal and acquisition. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to provide additional compensation for additional services provided by Consultant and to extend the term of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $200,000 for a total not to exceed amount of $350,000.00. 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on May 16, 2005 and terminate upon expenditure of available funds, unless terminated earlier in accordance with Section 12, below." IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: / PATRICIA E. HEAL Clerk of the Council APPROVED AS TO FORM: krJOSEPH W.FLETCHER City Attorney CITY OF SANTA ANA 4/-4- t-&DAVIDN/REAM City Manager OVERLAND INC. Y MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero August 12, 2010 CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher -' !{lu 23 Pill 2. QftRK OF THE COUNCIL ?1 aria D. Huizar CITY OF SANTA ANA CITY ANA PUBLIC WORKS AGENCY M-36 CM" = IL P.O. Box 1988 Santa Ana, California 92702 Michele Folk Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 SUBJECT: Notice to Proceed with Appraisal Services- Bristol & 17th Intersection Project Dear Michele, Thank you for your proposal, in your letter of August 2, 2010, to provide the above services at 1609 N. Bristol. Please accept this as a formal acceptance of the outlined services not to exceed $125,000. You are authorized to proceed in completing the DM&A FF&E report invoicing and completion of your review appraisal assignment. Upon Caltrans approval, we will forward you a written request to begin relocation activities. Should you have any questions, please call me at (714) 647-5640. Sincerely, aVAXn&V-&- A ' Souri Amirani Deputy City Engineer August 2, 2010 Souri Amirani - Deputy City Engineer City of Santa Ana 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 949.951.5263 ph 949.951.6651 20 Civic Center Plaza Santa Ana, CA 92701 RE: Proposal for Relocation and Tenant Acquisition Services w 17th & Bristol Intersection Widening Project l'") Dear Ms. Amiram: i= D ' w On behalf of Overland, Pacific & Cutler, Inc. ("OPC"), I would like to thank you for giving us the opportunity to submit this proposal to provide the City with relocation and related services. Our understanding of the assignment is that you would like us to assist with relocation and tenant acquisition services related to the 11 businesses that will be displaced as a result of the project referenced above. In addition, OPC will coordinate and process the FF&E appraisal invoices for appraisals already completed, and OPC will coordinate and provide a review appraisal for the subject property, The project funding will include federal funds, therefore services and benefits provided will be based on the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended and California Government Code 7260 and the California Code of Regulations 6000 et seq., as applicable. CPSI, Inc. has provided us with a list of the affected businesses, that all occupy a single structure on the project site. Where a particular business occupies multiple units within the same building, we have considered them, and listed them, as one business. The businesses that have been identified for us and included in this proposal are included in the table below. 1609/1631 N. Bristol Baron Income B15 Smile Brands Inc DBA Santa Ana Dental 100 Law Office of Angel Carrazco, Jr. 200, 202, 203, 207 Livescan Fingerprints 201 Law Office of William Green 204,310 CTU Security Solutions 205 Albert A. Chu, LCSW 209 NCADD 300,311 Raymond Mori, Attorney at Law 302 Diet Clinic NN Medical 308 Megada, Inc. 312 Scopes of Work Relocation Implementation Services OPC will comply with all applicable federal and state laws, rules and regulations relating to relocation assistance and the City's adopted relocation assistance policies and procedures. The scope of relocation implementation services includes, but is not limited to, the following activities necessary for the effective relocation of business occupants: 1. Conduct personal, on-site interviews of prospective displacees to ascertain relocation needs and special requirements. 2. Inform displaced businesses of available relocation assistance services and benefits and explain relocation process. 3. Prepare and distribute Informational Notices, Notices of Eligibility, 90-Day Notices to Vacate and other notices, as may be required. 4. Assist displacees in locating replacement sites and provide written referrals to same. 5. Provide on-going advisory assistance to business displacees, including lists of qualified movers and vendors and/or the coordination of moving bids. 6. Coordinate specifications for the move and inventory of personal property, insuring thorough coordination with City staff and/or legal counsel, that no real property is included on the personal property inventory list. 7. Coordinate the walk-through for a minimum of two bids and moving estimates with movers and the displaced business. 8. Monitor the actual move to the replacement site and re-establishment activities. 9. Determine eligibility for, and proposed amount of, relocation benefits, including actual and reasonable moving payments, re-establishment payments and fixed in-lieu payments. 10. Prepare all applicable benefit claim forms, secure claimant's signatures on claim forms and submit claim forms to the City for processing and payment. 11. Deliver benefit checks and other appropriate payments to claimants. 12. Maintain necessary case documentation and provide the City with periodic standard status reports. Tenant Acquisition Services For acquisition of business interests, which includes FF & E negotiations, OPC will coordinate with the selected F&E appraisal firm. We will coordinate negotiation issues with the appraiser as they are presented and will seek updates and clarifications as needed. OPC will present written offers to the business occupants, will examine the tenant leases and coordinate personalty/realty issues within the realm of relocation claims. Each tenant will be asked to quitclaim its interest in the land. If a bulk sale escrow needs to be conducted, OPC can coordinate this effort for a fee of $600.00 per escrow plus out of pocket expenses from the Secretary of State, which average $125.00 per escrow. We will handle UCC searches to ensure that the fixture or equipment is free from liens prior to recommending payment. Project Management/Consulting Project Management services include: coordinate with City staff/consultant to discuss the progress of individual cases, represent the City in meetings with citizen groups, Project Area Committee's, and/or City staff, and general consulting relative to the project. These services include regular status report updates to be provided to the City as often as requested. Project management may also include subcontractor coordination and/or invoice processing (with an approved 10% mark-up.) Proposed Fees For consulting services in compliance with applicable federal and state laws and the described Scope of Services, we propose the following fees: 1609/1613 N. Bristol Commercial Relocations - 11 $51,000 Tenant Acquisitions- 11 $12,500 Additional Services (i.e. escrow coordination, bulk sale advertisement, etc.) $11,000 FF&E Appraisals Invoice Payment & Coordination $36,500 Review Appraisal Services and Coordination $2,500 Project Management/Consulting $11,500 Total Proposed Project Budget $125,000 For activities associated with the attached Scope of Services, OPC may submit monthly invoices for the consulting services rendered based on the hourly rate schedule provided below. 2010 Schedule of* HourIN Overland, Pacific & Cutle Principal Consultant / Program Manager Rates r, Inc. $185.00 per hour Designated Real Estate Appraiser $275.00 per hour Staff Real Estate Appraiser $150.00 per hour Senior Project Manager $135.00 per hour Project Manager $125.00 per hour Senior Acquisition / Relocation Consultant $115.00 per hour Acquisition/Relocation Consultant / Analyst $105.00 per hour Escrow Officer / Project Support $ 73.00 per hour Secretarial/Clerical $ 45.00 per hour The total value of this contract shall not exceed the sum of $125,000.00 without prior authorization from the City. Consultant shall not perform any additional service, or incur any additional expense in the performance of this agreement without the prior written approval of City. Substantial changes in the required scope of work, including additional cases or relocations going beyond one year, may result in the revision of the proposed fees stated above. OPC considers photocopying, first class postage, telephone, facsimile and cellular communication charges as a normal part of doing business. These charges are included in the stated hourly rates. Out-of-pocket expenses including pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%). In the event OPC is requested to perform any act in relation to litigation arising out of any project with the Client, wherein OPC staff are required to exclusively focus on litigation activities outside of the scope of work described above (for example, expert or percipient witness services, responding to a complaint, or proceeding with discovery and trial) or to provide time-sensitive documents related to a case in litigation, such services are not part of this contract, nor are they part of our normal fees. If required, these types of services will be invoiced at two times the regular hourly rates. In the event this contract extends twelve (12) months beyond the initial date of execution, the City may consider an adjustment of the hourly rates by five percent (5%) per annum, compounded annually on the anniversary date of this contract, and any remaining amount in the contract may be adjusted upwardly. Written communication services in other languages would be an additional cost, if required, and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, and standard written relocation notices in Spanish will be included at no additional charge. We appreciate the opportunity to submit this proposal to provide the requested services. We look forward to working with you. If you have any questions or require additional information, please do not hesitate to contact me at (949) 951-5263. Sincerely, Overland, Pacific & Cutler, Inc. YA"LTOL Michele Folk, SR/WA, R/W-RAC Principal/Vice President Acceptance of Proposed Terms With All Services - Notice to Proceed Name/Title Date qqq qq-?l?s? . MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero August 12, 2010 CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 Michele Folk Overland, Pacific & Cutler, Inc. 20 Fairbanks, Suite 178 Irvine, CA 92618-1673 SUBJECT: Notice to Proceed with Appraisal Services- Bristol & 17th Intersection Project Dear Michele, CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar Thank you for your proposal, in your letter of August 2, 2010, to provide the above services at 1609 N. Bristol. Please accept this as a formal acceptance of the outlined services not to exceed $125,000. You are authorized to proceed in completing the DM&A FF&E report invoicing and completion of your review appraisal assignment. Upon Caltrans approval, we will forward you a written request to begin relocation activities. Should you have any questions, please call me at (714) 647-5640. Sincerely, A• awuna;v"`?' Souri Amirani Deputy City Engineer AC-ORD.. CERTIFICATE OF LIABILITY INSURANCE I OATE(CLIMO DDMZ Venbrook Insurance Services 22801 Ventura Blvd, Third Floor Woodland Hills, CA 91364 Phone 618-225-6200 Fax 818-225-6210 A-,'xOv5- iD-), INSURERS NO INFORMATION CERTIFICATE EXTEND OR Overland, Pacific & Cutler, Inc. 100 West Broadway Suite 500 Long Beach, CA 90802 COVERAGE NAIC # r:nVFRAGFS 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 WIT H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MR UNTIL TYPEOFUCSURAMCE POLICY NUMBER PODCYETFECTNE POLICYEEPMMN OMITS GENERALUARILDY ENCE $1000000 X COMMERCIALGENERALUABIIJTY PL 5574310-02 61112005 611/2006 mumnce $ 5D 000 A CLAIMS MADE 510CCUR na non) s Excluded X Contractual Liability DV INJURY $ 1,0()0,000 M GATE3 EGATE 9 2 DDD ODD GENT AGGREGATE LIMIT APPLIES PER: MP/OPAGG s Exclude d POLICY PRO- LOG AUT DMOBILElIABIIrTY COMBINED SINGLE LIMIT o E $1 000 000 ANY AUTO 72UECTQ3952 611/2005 61112006 a ac nenq ( , , ALL OWNED AUTOS INJURY BODILY $ B X SCHEDULED AUTOS W (Pal Perna^) X HIRED AUTOS X BODILY INJURY P o S NON-OWNED AUTOS er a[ ( pMl) X $1,000 Comp Ded X $1,000 Coll Ded PROPERTY DAMAGE (Par A«aenl s GXI UUSE WLBIU'r, AUTO ONLY EAACCIDENT E ANY AUTO OTHER THAN EA ACC i AUTO ONLY AGO $ EACESSNMBRELIA lU13MITY EACHOCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE NHA214302 6/112005 6/112006 AGGREGATE § 1 000000 C _ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND LOY Sl l 530303 6/112005 6/112006 X WC $T1 DTH- D EMP ER U1BB TY ANY PROPRIETOWARTNEIVEXECUTNE E.L. EACH ACCIDENT E $$1 ()00000 OFFICERIMEMBER EXCLUDED? YES II eF e urle er E. L. DISEASE - EA EMPLOYEE $ $1,000 DOO Y ,ALPRO SPECf PR VI S IONStN O++ $$1,000,000 OTHER P O i i 2?2998 ii 6/1/2005 &O R : $100 000 E rof L Errors & miss ons ab T = , DESCRIPTION OF OPERATIONS I LGCATKHISI VEHICLES )£XCLUSKNS ADDED BY ENDORSEMENT/ SPECIAL PROVISbN3 •, f a r r) The City of Santa Ana, its officers, agents, employees, consultants, special counsel 8 reperesentatives are named Ad'dT'ltional Insured as their interests may appear in the operations of the Named Insured- •10 D N ti f C ll f P ti ays o ce o ance on a or Nan- ayment of Premium y City of Santa Ana Public Works Department Attn: Taig Higgins 20 Civic Center Plaza Santa Ana, CA 92701- 25 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE IMS W NWU R WILL ENDEAVOII TO MAIL 30 DAYS WRRIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO PO SHALL IMPOSE NO OBLIGATION OR LABBITY OF ANY KIND UPON DIE INSURER, Ors AGENTS OR 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an Insured any person or organization (called additional Insured) whom you are required to add as an additional Insured on this policy under: 1. a written contract or agreement or; 2. an oral contract or agreement where a certificate of insurance showing that person or organization as an additional Insured has been issued; but the written or oral contract must be: 3. currently in effect or becoming effective during the term of this policy; and 4. executed prior to the "bodily injury," "property damage," "personal injury," or "advertising injury" which first manifests on or after the date of the inception of this policy period, as shown in the Declarations Page of the policy but prior to the earlier of the date of expiration or cancellation of this policy. B. With respect to the insurance afforded such Additional Insured, the following additional provisions apply: 1. that person or organization is only an Additional Insured with respect to liability arising out of: a. premises or equipment you own, rent, lease, or occupy; or b. your ongoing operations performed for that Additional Insured by or for you. The insurance provided to such Additional Insured does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard." 2. The Limits of Insurance applicable to any such Additional Insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever are less and are subject to the terms and conditions of this coverage form. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. A person's or organization's status as an Additional Insured under this endorsement ends 30 days after your operations or agreement for that Additional Insured are completed or cease, or the expiration of this policy, whichever is earlier. C. The insurance provided to any Additional Insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineers, or surveyors' rendering of or failure to render any professional services including: 1. the preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and 2. supervisory, inspection, or engineering services. It is further agreed that this insurance shall be primary and noncontributory but only in the event of the Named Insured's sole negligence. 1 ? _ 3 a ACORD CERTIFICATE OF LIABILITY INSURANCE 05/25/20 ' PRODUCER (818)225-6200 Venbrook • 22801 Ventura Boulevard FAX (818)225-6210 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. Third Floor Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Hartford Fire Ins. Co. Overland Pacific & Cutler Inc. INSURER s Hi SCOX, Inc. 100 West Broadway Suite 500 /1 ???I-# INSURER C: ? '# e?I? INSURERD' 1 Lon Beach CA r? 90802 4-1t)0Jr -'102. INSURERS 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 CLAIMS. INSR LTR ADD'L INSRO TYPE OF INSURANCE POLICY NUMBER FFECTIVE POLICY (MI POLICY MMIDO TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 e REM SE E 000 S 300 X COMMERCIAL GENERAL LIABILITY occurr nce P I S Ea , A CLAIMS MADEFx? OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MED EXP An one rson $ 10,000 X $10,000 BI&PD DEDT PERSONAL &ADV INJURY $ 1,000,000 X PER CLAIM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMPIOP AGO $ 2,000,000 X POLICY JECOT LOC A AUT OMOBILE LIABILITY 72UUNTR7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Per accidertl) NON-OWNED AUTOS X Comp Ded: $1,000 PROPERTY DAMAGE $ X Coll Ded: $1,000 (Per acatlen0 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ R AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR FICLAIMS MADE AGGREGATE $ 1,000,000 A DEDUCTIBLE 72RHUTR7849 06/01/2006 06/01/2007 $ RETENTION $ $ A WORKERS COMPENSATION AND X TORY LIIMITS OER EMPLOYERS' LIABILITY ANY PROPRIETORPARTNERIEXECUTIVE E. L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? 72NERL3495 06/01/2006 06/01/2007 E.L. DISEASE - EA EMPLOYEE $ 11000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B OTHER ErrOIs & Omissions ME0100112506 06/01/2006 06/01/2007 E & 0 $ 2,000,000 Professional Liah. SIR $ 100,000 DESCRIPTION OF OPERATION&LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Santa Ana, City of Santa Ana Redevelopment Agency, their officers, employees, agents, representatives and volunteers under the direct supervision of the City of Santa Ana are named as Additional Insureds as their interest may appear in the operations of the Named Insured as respects General Liability per attached endorsement HG 00 01 06 05. -10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM Community Redevelopment Agency of the City of Santa Ana Attn: Shelly Landry-Dayle Housing Manager 20 Civic Center Plaza, M-37i ! Santa Ana, CA 92701, ? ?r .c 251Ynn1/nA1 na ACORD CORPORATION 1988 INS025 piosl.oc AMS VMP Mortgage Benue., Inc. (800)327-0595 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XN CXX MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, M AUTHORIZED REPRESENTATIVE Bobbin Tait/CH Page 1 ot2 it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. • (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: (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 Equipment (1) Any person or organization 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 or organization. (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. 0 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 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. 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". HG 00 01 06 05 Page 11 of 18 • have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its tennination 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other 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 equipment, 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 driving the equipment; 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. L 5. 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. 6. 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. 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; Page 10 of 18 HG 00 01 06 05 0 f. Any Other Party Any other person or organization who is not an 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; (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". 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. The limits of insurance that apply to additional insureds under this provision 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. 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 7 ? i • 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. 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 Page 12 of 18 HG 00010605 I , • 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 "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; HG 00 01 06 05 • (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 an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This 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 Page 13 of 18 ACORD CERTIFICATE OF LIABILITY INSURANCE 05/25/z o PRODUCER (818)225-6200 FAX (818)225-6210 Venbrook 22801 Ventura Boulevard 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. 1 Third Floor Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA' Hartford Fire Ins. CO. Overland Pacific & Cutler Inc. INSURER B: HiSCOX, Inc. 100 West Broadway Suite SOO ... INSURERC: INSURER D'. Lon Beach CA 90802 INSURER E: COVFR&nFS 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. INSR ADO'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MWDD/YY) DATE MMIDOM LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES EaExcurtence $ 300,000 A CLAIMS MADE OCCUR 72UUNTR7859 06/01/2006 06/01/2007 MEO EXPAn one person) $ 10,000 X $10,000 BI&PD DEDT PERSONAL S ADV INJURY $ 1,000.000 X PER CLAIM GENERALAGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER'. PRODUCTS-COMPIOPAGG $ 2,000,000 X1 POLICY PRO Loc A AUT OMOBILE LIABILITY 72UUNTR7859 06/01/2006 06/01/2007 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea amdent) ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) X Comp Dad: $1,000 PROPERTY DAMAGE X Coll Ded: $1,000 (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACODENT $ ANY AUTO OTHER THAN EA ACC S H AUTO ONLY: AGG $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR FICIAIMS MADE AGGREGATE $ 1,000,000 $ A DEDUCTIBLE 72RHUTR7849 06/01/2006 06/01/2007 $ RETENTION $ $ A WORKERS COMPENSATION AND ' X WCSLIMITS T TOW ER - EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNEMEXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? 72WERL3495 06/01/2006 06/01/2007 E.L. DISEASE - EA E MPLOYEE S 1,000,000 It yes, descnbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 B OTHER Errors & Omissions ME0100112506 06/01/2006 06/01/2007 E & D $ 2,000,000 Professional Liab. SIR $ 100,000 DESCRIPTION OF OPEMnONSILOCATIONSMEHICLESIE CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, City of Santa Ana Redevelopment Agency, their officers, employees, agents, representatives and volunteers under the direct supervision of the City of Santa Ana are named as Additional Insureds as their interest may appear in the operations of the Named Insured as respects General Liability per attached endorsement HG 00 01 06 05. •10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Community Redevelopment Agency EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 16y11W*'VXIOX MAIL of the City of Santa Ana 30 DAYS WRITTEN NOTICE T O THE CERTIFICATE HOLDER NAMED TO THE LEFT, ?AX Attn: Shelly Landry-Dayle ? Housing Manager 20 Civic Center Plaza M'37-"' ! , Santa Ana, CA 92701, AUTHORIZED REPRESENTATIVE RobbinTaiVCH ACORD 25 (2001108) 0 ACORD CORPORATION 1988 INS025 (olo8)m AMS - VMP Mongage solutions, Inc (eoo)327-os45 Page 1 ot2 x THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED AND RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Any person or organization whom you are required by contract to name as additional insured is an "insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. B. For any person or organization for whom you are required by contract to provide a waiver of subrogation, the Loss Condition - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is applicable. Form HA 99 13 01 87 Printed in U.S.A. have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 an insured under this Coverage Part is also an insured under another policy or would be an 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other 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 equipment, 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 driving the equipment; 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. r 5. 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. 6. 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. 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; Page 10 of 18 HG 00 01 06 05 (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: (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 Equipment (1) Any person or organization 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 or organization. (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 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. 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". HG 00 01 06 05 Page 11 of 18 Any Other Party Any other person or organization who is not an 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; (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". 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. The limits of insurance that apply to additional insureds under this provision is described in Section III - Limits Oflnsurance. 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. 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. 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 Page 12 of 18 HG 00 01 06 05 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 "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; HG 00 01 06 05 (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 an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This 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 Page 13 of 18 ACORD CERTIFICATE OF LIABILITY INSURANCE silo/ o PRODUCER (818) 225-6200 FAX: (818) 225-6210 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Venbrook HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 22801 Ventura Boulevard ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Third Floor Woodland Hills CA 91364-5815 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Ins. Co. U 1 Overland Pacific s Cutler, Inc. ? INSURERS: HiscoX, Inc. 100 West Broadway, Suits 500 INSURER C : : iii INSURER D: Long Beach CA 90802 INSURER E: r:OVERAGES 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 M HAVE BE N REDUCED BY PAID CLAIMS. INSR ADM D` TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDWYY) POLICY EXPIRATION DATE (MMIDDIM LIMITS GENERAL LIABILITY EACH ICE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETOa RENTED oco, nce $ 300,000 A CLAMS MADE FRIOCCUR 72UUNTR7859 06/01/2007 06/01/2008 MED EXP (Am ona Penon) $ 10,000 X $10,000 BISPD DEDT PERSONAL& ADV INJURY S 1,000,000 X PER CLAI$$ GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ERQUUCTS-COMPIOPAGG $ 2,000,000 X POLICY PET LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMB $ 1,000,000 X ANY AUTO (Ea accident) A ALL OWNED AUTOS 72UUNTR7859 06/01/2007 06/01/2008 BODILY INJURY (Pa Person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY S NON-OWNED AUTOS (Per amdent) X COUP DEDT: $1,000 PROPERTY DAMAGE S X COLL DEDT: $1,000 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 S A DEDUCTIBLE 72RHUTR7849 06/01/2007 06/01/2008 $ R RETENTION A WORKERS COMPENSATION AND X WC STATU- TORY LIABILITY ANY PROPRIETORIPARTNERIEXECUrIVE E.L EACH ACCIDENT 1,000,000 $ OFFICERIMEMBER EXCLUDED? 72WET09133 06/01/2007 06/01/2008 E.L DISEASE-EAEMPLOYEE S 1,000,000 B yea, tlwaibe udder SPECIAL PROVISIONS balm - E.L. DISEASE -POLICY LIMB $ 1,000,000 B OTHER Errors i Omissions NEOIOO112507 06/01/2007 06/01/2008 E s o $2,000,000 Professional Liab. SIR $ 50,000 DESCRIPTION OF OPE RATIONSILOCATKHISNEHICLESMXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Santa Ana, its officers, agents, employees, consultants, Special counsel 6 representatives are named as Additional Insureds as their interest may appear in the operations of the Named Insured. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYNENT OF PREMIUM CERTIFICATE HOLDER Y RI' L L) A T(? FOPJI CELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Public Works Agency ? ,L?jy ? DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT '/ Attn: Cristina Sundstrom, , I Iy / AI LOfn C ` • '. I'. ? FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE M-36 . j , y INSURE ITS AGENTS OR REPRESENTATIVES. P.O. BOX 1988 , CA 92702 Santa Ana AUTHORIZED REPRESENTATIVE Ag,aAdi&l p /'~'° - r Chastity Harry/CH 7 - ACORD 25 (2001108) 0ACORD CORHORAI ION i988 INS025 (oioo)Caa Pape I W 2 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 an insured under this Coverage Part is also an insured under another policy or would be an 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other 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 equipment, 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 driving the equipment; 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. 5. 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. "Properly 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. 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. 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: APPROVED Fj:o .As,,ista o: ?.c+ .^,r uznay. Page 10 of 18 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; HG 00 01 06 05 (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 (it) 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 Equipment (1) Any person or organization 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 or organization. (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. APPROVE 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 ads or omissions or the ads or 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. 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 TO FORAiazard". HG 00 01 06 05 Page 11 of 18 Aso:staat I:ity Attoracy I. Any Other Party Any other person or organization who is not an 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; (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 9 (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". 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. The limits of insurance that apply to additional insureds under this provision 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. 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 "qguits" brought; or - Laura -t,JY ..,?ay Page 12 of 18 Asaistaw C 4y Attorney 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 S. 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 8 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. 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 HG 00 01 06 05 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 "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; APPRrMILL) "_) V01 11 _ HG 00 0106 05 A&sretauL Oily AtCCr,:zy (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 an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This 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 Page 13 of 18 CERTIFICATE OF LIABILITY INSURANCE A -CORD. DATE (MMIDD/YYYY) 08 6/5/20 PRODUCER (818) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Venbrook HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR A 320 C ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. venue anoga 6 12th Floor Woodland Hills CA 91367 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER x- Hartford Fire Insurance 19682 Overland Pacific & Cutler Inc. INSURER B: The Hartford 100 West Broadway Suite 500 INSURERC:Llo ds of London l)CY? ?? 66 INSURER D: Long Beach CA 90802 INSURER E: OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, REQUIREMENT , 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. INSR A INARn DD'L TYPE OF INSURANCE POLICY NUMBER DATE MIEFFECTIVE IMIDDDIM POLICY MMMIDDr ION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A ] TO aENTED P 000 300 X COMMERCIAL GENERAL LIABILITY R 31 $ , A CLAIMS MADE OCCUR 72UUNTR7659 6/1/2008 6/1/2009 MEDEXP (Any one person) $ 10,000 X 000 BI6PD DEDT $10 PERSO &ADVINJURY $ 1,000,000 X , PER CLAIM GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CO P AG S 2,000,000 POLICY PRE CT O -X LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) A ALL OWNED AUTOS 72UUNTR7859 6/1/2008 6/1/2009 BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X -0WNEDAUTOS (Per accident) NON X COMP DEDT: $1,000 PROPERTY DAMAGE $ X COLL DEDT : $1,000 (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHERTHAN A $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR F ]CLAIMS MADE AGGREGATE $ 1,000,000 B DEDUCTIBLE 72REUTR7849 6/1/2008 6/1/2009 $ RETENTION WC STATU- OTH- B WORKERS COMPENSATION AND X EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 1,000,000 $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? 72WETQ9133 6/1/2008 6/1/2009 E.L. DISEASE - EAEMPLOYEE $ 1,000,000 Byes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT 1,000,000 S C OTHER Errors 6 Omissions ME,0100112508 6/1/2008 6/1/2009 E & o $2,000,000 Professional Liab. SIR $ 50,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives are named as Additional Insureds as their interest may appear in the operations of the Named Insured. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PRIDEMM /?c?TIC?/.?TG LIAI nen r_AM(tFI I ATIAM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana Q L i!ON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Public Works Agency 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Attn : Cristina Sundstrom M-36 3 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE . ITS AGENTS OR REPRESENTATNES. P.O. Box 1988 ? Santa Ana CA 92702 , 1V i ' •.° ' AUTHOR¢EDREPRESENTATNE /BEG ' "l G 9 ? -? omez anca ACORD 25 (2001/08) ® ACURO CUKPUKKA I ION T V68 INS025tolonDsa Page 1 oft have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 an insured under this Coverage Part is also an insured under another policy or would be an 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 eariier; 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other 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 equipment, 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 driving the equipment; 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. Page 10 of 18 5. 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. 6. 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. 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; HG 00 01 06 05 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 "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 an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This 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 HG 00 01 06 05 Page 13 of 18 /J 20-: d' -'J (U H (i U-M- DATE (MMIDDIYYYY) CERTIFICATE OF !CITY INSURANCE 61/2009 PRODUCER (818) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook Insurance Services, CA Lie OD80832 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EX , TEND OR 6320 Canoga Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12th Floor Woodland Hills CA 91367 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Hartford Fire Insurance 19662 Overland Pacific & Cutler Ina. INSURERB:The Hartford 100 West Broadway Suite 500 INSURER C: Westchester Fire INSURER D. Long Beach CA 90802 OVERAGES INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I IND CATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WATH RESPECT TO WHICH THIS CERTIF ICATE 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 . H PAID INS R ADD'L INSRI I TYPE OF INSURANCE POLICY NUMBER - POLICY EFFECTN 1-DATEIMMIDDITY1 E POLICY -EXPIRATION DATE MMIDWYMRIDIY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED R Ea oaur $ 300,000 X X CLAIMS MADE.a OCCUR 72UUNTR7859 6/1/2009 6/1/2010 MEDEXP (Any one son $ 10,000 X $10,000 BI&PD Dad. PERSONAL& A INJURY S 1,000,000 Per Claim 2 000 000 GENL AGGREGATE LIMIT APPLIES PER: RO GENERAL AGGREGATE - , , $ $ 2,000,000 POLICY X P LOC AU TOMOBILE LIABILITY X ANY AUTO COMBINED SINGLE LIMIT (Eaaccment) $ 1,000,000 A ALLOWNEDAUTOS 72UUNTR7859 6/1/2009 6/1/2010 X SCHEDULEOAUTOS r?JZ l`'1 BODILY INJURY (Per person) $ X HIREDAUTOS V ?U - V X NON-0VINED AUTOS t ? ' V ) A BODILY INJURY S RV A tf (Par accident) X Comp Ded. $1,000 1 X Coll Dad. $1,000 it PROPERTYDAMAGE (Per accident) S GARAGE LIABILITY tz Stitt Ta t TnzY AUTO ONLY -EAACCIDENT $ ANY AUTO Oily NggiS aD? OTHER THAN EAACC S AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S 2,000,000 X OCCUR n CLAIMS MADE A GRE T S 2,0001000 $ B DEDUCTIBLE 72RHUTR7849 6/l/2009 6/1/2010 $ RETENTION S B WORKERS COMPENSATION AND T O EMPLOYERS' LIABILITY X ANY PROPRIETORIPARTNERE=XECUTIVE E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMBEREXCLUDED? 72WETQ9133 6/1/2009 6/1/2010 E.L. DISEASE-EA EMPLOYEES 1,000,000 U yes. describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT S 11000,000 C OTHER Professional Liab. G24412763002 6/l/2009 6/1/2010 Ea. claim $ 2,000,000 Claims Made Aggregate $ 2,000,000 Deductible $ 50,000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS The City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives included as additional insured per attached endorsement UCG20260704 h w ere required by contract. Subject to policy terms, conditions, and exclusions. *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRA710H DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Public Works Agency, M-36 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Attn: Sheri Barkley P . O . BOX 1986 FAILURE 70 DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Santa Ana, CA 92702 INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA71VE Chastity Harry/CH ACORD 25 (2001/08) lusn?r,,.,s.,,e_ ®ACORDCORPORATION 1988 Page 1 of 2 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. ACORD 25 (20011081 INS025 (ompsa Page 2 of 2 POLICY NUMBER: 72 UUN TR7859 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 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 THE CITY OF SANTA ANA, ITS OFFICERS, SPECIAL COUNSEL & REPRESENTATIVES AGENTS, EMPLOYEES, CONSULTANTS, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 acls or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Q ISO Properties, Inc., 2004 Page 1 of i ,?coR°® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YWY) ?? ? 5/26/2010 PRODUCER (618) 598-8900 FAX: (818) 598-8910 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venbrook 2nsurance Services, CA Lic OD80832 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6320 Cano a Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR g ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12tH Floor '' ' Woodland Hi11s CA 91367 INSURERS AFFORDING COVERAGE r NAIC # INSURED ?"???? ?'?1 /\ INSURER A Hart£o rd F1re Insurance CO 19682 `lJ __. _- -__- _-__ __. -_. Overland Pacific S Cutler 2nc. ,??? -,OZ INSURER B The Hart£Ord zsaza 3750 Schau£e1e Ave. Suite 150' ? wsu RERC Westchester Fire Insurance 21121 l>-2x?? -o`-l?{ II _ ___ _ - _ __ 1 - - - --- INSURER D: I Long Beach CA 90809 INSURER E? ? T cnvconr_vc 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 CONDIT IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL. T _ .__... _-_. -_ -_- _- ? - -. POLICY NUMBER POLICY EFFECTIVE '?, POLICY EXPIRATION _ _.. LIMITS G E_NERAL LIABILITY ?'. EACH OCCURRENCE $ 1 ,000 000 X COMMERCIAL GENERAL LIABILITY i, _._ -.__ _ -DAMAGE TO RENTED _P REMIS ES jEa occurrence) _ I $ _ 90? 000 ?? A X '. CLAIMS MADE L^ Iii OCCUR 72 UUNTR7859 ? 6/1/2010 6/1/2011 _._ __ - ? _ MED EXP (Any one parson) I_. - - _ - `$ __. . _ 10, 000 -- _- X ? $10 , 000 BS 6PD Ded. '',, i PERSONAL S ADV INJURY $ ? 000 ?O.O O. Par Claim ? GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT AP P_L IES PER' PRODUCTS -COMP/OP AGG $ 2 , OOO? 000 POLICY X PRO ? ? LOC AUT - -. OMOBILE LIABILITY ?. COMBINED SINGLE LIMIT I $ X ANY AUTO '. ', (Ea accitlen[) 1 , 000 , 000 A ALL OWNED AUTOS 72VVNTR7S59 6?1?2010 6?1?2011 BODILY INJURY X SCHEDULED AUTOS I, (Per person) $ X __ _ _._ -- -___._.- _ _ X l HIRED AUTOS ?`l *J ll 1 ? NON-OWNED AUTOS APPROV ? AS K BODILY INJURY $ I (Per accident) x - com Dea sl o00 --- p ? / `-- ---- _. _ I, PROPERTY DAMAGE $ _ X Co11 Dad $1,000 I (Per accident) GARAGE LIABILITY - ,? 31LL9- ' Silt Sheady AUTO O_ NLY EA ACCIDENT $ - ? ANY AUTO ? ?SS1St8II Ly ALIOrriC OTHER THAN E_A_ ACC $ ' H AUTO ONLY AGG $ ESS/UMBRELLA LIABILITY EXC EACH OCCURRENCE S 2,0001 000 !XOCCUR CLAIMS MADE I LAGGREGATE _-- $ - ,2,.0001-0.00 B I DEDUCTIBLE 72RHVTR7 B49 6?1?2010 '. 6/1/2011 ? $ I RETENTION $ $ B WORKERS COMPENSATION it X WC STATU OTH Y / N AND EMPLOYERS' LIABILITY _- _ TORY.LIMITS _ ER -__ _. __-. --- _ _ ? ANY PROPRIETOR/PARTNER/EXECUTIVE 'I ? ? ' _EL EACH ACCIDENT -- $ 11 000 , 000 OFFICER/MEMBER EXCLUDED? (Mantla[ory in NH) ? It yes describe under 72WETQ 9133 I 6?1?2010 6?1 2011 - - 1 [_EL DISEASE EA EMPLOYEE -' --. --- _$ - 1 X000 , 000 , SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT I $ 1 000 000 C OTHER professional Liab. I G24412763 003 '?, 6/1/2010 16/1/2011 ? Ea Claim $2,000,000 Claims Made '? Aggregate $2 , 000 , 000 $ 50 000 DESCRIPTION OF OPERATONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City o£ Santa Ana, its officers, agents, employees, consultants, spacial counse l 6 representatives included as additional insured par attached endorsement #CG20260704 where required by contract. Subject to policy terms, conditions, and exclusions. *10 DAY NOT2CE OF CANCELLATION FOR NON-PAYMENT OF PREM2LR1 GERTI FIGATE HOLDER CANCELLATION SHOULD ANY OF THEAB0VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City O£ Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Public Works Agency , M-3 6 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Sheri Barkley P. O . BOX 1988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92702 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Sharon Jones /SHAJON i-J ?--?-- ACORD 25 (2009/01) ©'1988-2009 ACORD CORPORATION. All rights reserved. INS025 (zoosD?) The ACQRD name and logo are registered marks of ACORD , IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/0'1) - INS025 (zooeoi> have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally in ccrpora led entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 rps?reLt Lts wllicfr drl insurrsti urlt?rrr [Iris Cclverayis Part is also an insured under another policy or would be an insurred 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 thatnrganization. However: a. Coverage under th is provision is afforded only until the 18oth day afiter you acquire or form the organization or t1-te end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you adquired or formed the organization; and c. Coverage 6 does not apply to "personal and advertising InJ.ury'" adsing out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also arr insured, but only with respect to IiaUility arising out or -the opera lion of the equipment, and only if no other insurance of any kind is available to that persor. 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 driving the equipment; or b. "Property damage" to property owned by-, rentedto, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft Y?ith respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons fora charge, any person is an insured whiles operating such watercraft wilt-i your permissinn_ Any other person or organization respohsible 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 uC tiny kind is available to that person or organization for this liability: However, no person or organisation is an insured with respect to: a. "Bodily injury" to a co-"employee" of the person operating the watercraY?: or b. "Property damage" to property awned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this * provi Sion. O Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organizafion(s} are an additional insured when you have agreed, in a written contract, written agreement ar because of a permit issued 6y a state or political subdivision, Ghat. 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 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 organizakion is an insured under [his prevision if such person or organization is included as an insured by an -endorsement issued 6y us and made a part of this Covsrrage Part. Vendors Any person(s) or organizati.nn(s) (reformed to bestow as vendor), but only with respect to "bodily ihjilry" or "property damage" arising out of "your products" which are distributed or sold in the regular course of tide vendor's IJU?i11C5J oral only if this Coverage Part provides coverage for "bodily injury" or "property damage" include-d within Fhe "products- completed operations hazard". (i) 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 ve-odor would have in the absence of the cr?.ntract nr agraamPnt; -Pagr; 10 of 18 _ HG 00 01 06 OS (b) Any express vrarranty unauthorized by you; (e) Any physical or chemical cFrange in the product made intentionally by the vendor; (d) Repackaging, excep€ when unpacked solely for the purpose of inspection, demonstration, testing, or rthe substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (e) Any failure [o make such inspections, adjustments ,tests or servicing as the vendor has agreed to make or nomally undertakes to make in the usual course of bu?incs?, in connection with the distribution or sale of the products; (? Demonstration. installation, servicing or repair operations, except such operations performed at the vendor's premises in connection v'.?ith the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, par[ 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 nepliPence 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- paragrap hs (d) or (t7; 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 orga nizatio n, Trom whom you nave acquired such products, or any ingredient, part or container, e:niering into, accompanying or containing such. products. O Lessors of Equipment (?) Any person or organization from whom you lease equipment: but only with respect to their liability fog "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of egiui pi??enf leased to you by such person. or organ ization. (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. Lessors of Land or Premises Arty perswr or organization from whom you tease 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: t_ Any "occurrence" vrhict-r takes place after you cease to lease that land= or 2. Structural aiterations, new construction or demolition operations performed by or on behalf of such person or argent zation. dO. Architects, Engineers or Surveyors Any architect, engineer, or surveyor, .but only with respect to liability far "b odily injury", "property damag c" ur "personal a=_nd advertising lnfury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (?) In connection with your 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 "pe rsonal and advertising injury" arising out of [he rendering of or the failure to render any professional services by or for you, including: 1_ The preparing, approving, or failing to prepare nr approva_, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. (? Permits issued By State Or Political Subdivisions Any state or political subdivision, but only with respell to operations performed by you orbn your behalf for which the state or political subdivision has i??ucd a pcrmiL 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 o r municipality; or {2) "Bodily injury" or "properfy damage" included within the "products-completed operations hazard"_ HG DO 01 06 O5 Paga 99 of 18 OAny Other Party /tny oihcr person or organization who is not zn insured under Paragraphs a, through e. above, but only wish respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in trvhole or in part, by your acts or omissions or the a-c[s or omissions of those acting on your behalf:: (-1) In the perfonranca of your ongoing operatlor.s; (2) In connection with your premises owned by or rented to you; a r (3) In eonnao[iurr with ''your work" ?tid included within the "products-completed operations hazard", but onl y iF (a) The- written. contract or agrecm cnt rco uircg 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": t/Viih respect to 'the insurance afforded to these additional insureds, this insurance does not apply to: "Dndily injury", "pro pei ty cJdrndge° ar "personal 2nd advertising injury" arising out of the rendering of, or the failure to- render, any professional architectural, engineering orsurveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, rzports, Surveys-, field orders, change orders or drawings and sp.ecifica[ion s; or (2) Supervisory, 'inspection, architectural or engineering activities. The limits of insurance- that apply to additional insureds underthis provision is described in Section III -Limits Of Insurance. How this losuran ce .applies when other insurance is available to the- additional insured is described in the Other Insurance Condi#ion in Section IV -Commercial General Liability Conditions. 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 tl-ie Det:fareliura. SECTION 111 -LIMITS OF 7NSURAN?E 7_ The Most We vyill Pay Tl?e Limits of Ins urance3 shown in the Declarations and the rules below fix the most we will pay regardless of [he number of: a. Insureds; b. Claimsmade 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 mum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property dandg C' included in the "products-completed operations hazard"; and c. Damages under Covarac?je 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 PeTSOnaI and Advertising Injury Limit is the most we will pay under Coverage B far the Burn of all damages because. of all "personal and advertising injury'" sustained by any one person or organization. 5_ EacF Occurrence Limit Subject to 2. or 3. above, whici=lever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage Lti.; and b. Medical expenses under Coverage C bcca use 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 Darnec3r Tc5 Premises P.en[ed 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 yo-u, or in the case of damage by fire, lightning or explosion, white rented to you or temporarily occupied by you with permission of the owner. In the case of damage by. fire, lightning or explosion, the Damage to Premises Rente-d To You Limil applies to all damage proximately taus ed by the same event, whether such damage results from fira? Il?htning (2r explosion or any combination of these. 7. Medical Expense Limit Subject to 5_ above, tF?e Merfir2l Expense Limit is the most we will pay under Coverage C for aII medical expenses because of "bodily injury" sustained by any one person. S_ How Limits Apply To Addition-a[ Insureds if you have agreed in a tvritt?n contract or written agreement that another person or organization be Page '12 of 18 HG o0 01 ot3 05 T ? A CERTIFICATE OF LIABILITY INSURANCE FDA {MMDDIYYYY) 613t2011 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 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 Venbrook Insurance Services CA Lic OD80832 CONTACT NAME: Kerrie Guenther 6320 Canoga Avenue, 12th Floor PHONE LAIC, No E)M: 818.598.8900 FAX WC No): 818.598.8910 Woodland Hills, CA 91367 E-MAIL ADDRESS: kguentherwenbrook. can INSURER(S) AFFORDING COVERAGE ? NAIC* www.venbrook.com INSURERA : Hartford Casualty Insurance Co 29424 INSURED Overland Pacific & Cutler Inc. INSURERB : Hartford Fire Insurance Company 19682 3750 Schaufele Avenue, Suite 150 INSURER C : Tudor Insurance Company 37982 Long Beach CA 90808 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 10333527 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. NO-rWITHSTANDING 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD DL INSR SUBRI -MM POLICY NUMBER POLICY MM DDIYYFF DfYYYY MMILDI LIMITS A GENERAL LIABILITY 72UUNTR7859 6/12011 6112012 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence ) $ 300,000 CLAIMS-MADE 1z OCCUR MED EXP (Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY [7] PRO- 7 B AUT OMOBILE LIABILITY 72UUNTR7859 6/12011 6/12012 COMBINED SINGLE LIMIT (Ea accident $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ / NON-OVINED PROPERTY DAMAGE HIREDAUTOS V AUTOS Peraccrdent} $ ,/ Comp Ded $1,000 $ V COII bed $1,000 $ A ? UMBRELLA LIAB OCCUR 72RHUTR7849 6/12011 6112012 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED =RETENTION $ $ A WORKERS COMPENSATION 72WETQ9133 6/12011 6/12012 vvc sTATu- o AND EMPLOYERS' LIABILITY TORY LIMITS R YIN ANY PROPRIETOR/PARTNER/EXECUTIVE F NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EM PLOYEE $ 1 00 0 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liab. EOP0037170 611/2011 6/12012 $2,000,000 Each Claim Claims Made $2,000,000 Aggregate $50,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The City of Santa Ana, its officers, agents, employees, consultants, special counsel & representatives are named as additional insured per attached endorsement #HG00010605 (excl work comp) on primary & noncontributory basis where required by contract. Subject to policy terms, conditions, and exclusions. APPROV.i) AS F0 z'Od"M CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Laura Sl iu THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN , Public Works Agency M-36 ? ACCORDANCE WITH THE POLICY PROVISIONS. , Ci(v Box 1988 Assistar;t P O . . Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE (WH) Pamala Nash ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NC.: 10333527 Kerrie Cuentter 6/3/2011 2:33:55 PM Page 1 of 5 Overland Pacific & Cutler Inc. Policy: 72UUNTR7859 Effective: 6/1/1 1- 6/1112 (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 M connection with the distribution or sale of the in products; 0 (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in o connection with the sale of the product; co (g) Products which, after distribution or sale by a you, have been labeled or relabeled or used as a container, part or ingredient of any N other thing or substance by or for the o vendor; or 0 L (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 Equipment (1) Any person or organization 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 or organization. (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 tease expires. c. Lessors of Land or Premises Any person or organization from whom you tease 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 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. 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". 11 of 18. Page VZ03 l,A6 ?C ,e ,enu er s/312a11 2:33:55 PM Page 3 of 5 CELT NC. Overland Pacific & Cutler Inc. Policy: 72UUNTR7859 Effective: 6/1/11- 6/1/12 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us, the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. 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) 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; (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 1. 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 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. 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 fluty under Coverages A or B to defend the insured against any "suit" If any other insurer has a duly 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. CERIPIA.9041197 1 4errie CuentFer 6/3/2011 2:33;55 PM Page 5 of 5 HG 00 01 06 05 Overland Pacific & Cutler Inc f. Any Other Party Policy: 72UUNTR7859 Effective: 6/1/11- 6/1/12 Any other person or organization who is not an 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; (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". 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 fender, 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. The limits of insurance that apply to additional Insureds under this provision 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. 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 anyone 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 anyone "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. 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. 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 CEfiT'NC:7 Z03T3527 like-lie Cuentter 6/3/2011 2:33:55 PM Page 4 of 5 HG 00.01 06 06 Overland Pacific & Cutler Inc. Policy: 72UUNTR7859 Effective: 61111 1- 6/11/112 have all your rights and duties under this coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. 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 an insured under this Coverage Part is also an insured under another policy or would be an 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. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other 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 equipment, 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 driving the equipment; 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. 5. 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. 6. 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. 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; I.IPIACIPIAY3414,elie Guenther 5/3/2011 2:33:55 PM Page 2 of 5 HG 00 01 06 06