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CAPOUYA, LYNN-2009
iNSUuN" "v D A- 2009 -024 AGREEMENT FOR PROVISION OF ON -CALL SERVICES LANDSCAPE ARCHITECT AND ENGINEERING THIS AGREEMENT, made and entered into this 2nd day of March, 2009 by and between Lynn Capouya, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa C Ana, a charter city and municipal corporation organized and existing under the Constitution and 4! S laws of the State of California (hereinafter "City "). 'O RECITALS Q' A. The City desires to retain a consultant having special skill and knowledge in the field of engineering and landscape architecture for the purpose of preparing construction documents. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform engineering and landscape architecture services on an on -call basis, as set forth in City's Request for Proposals dated January 7, 2009, attached as Exhibit A to this Agreement, and incorporated by reference. Said services will be provided by Consultant personnel and sub consultants as set forth in Consultant's Proposal dated February 4, 2009, on file at the Santa Ana Public Works Agency. In providing such services, Consultant shall comply with the City's CADD standards. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purp es to disclose, publis , translate reprodu e and use such materials. ��-e- 4. COMPEN TION uo Cm A� a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $300,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall retain fifteen percent (15 %) of the contract price for each project until the completed Project has been accepted by City. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on expenditure of allocated funds, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. w D� b. Business �utomob'ife liability insurance, or equivalent form, with a combined single limit of not less than V,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and V,000,000 in the aggregate. 0 I, 000," -1 t,- - 5 --2, _U� e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -36) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5635 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Lynn Capouya, Inc. 17992 Mitchell South Irvine, California 92614 Facsimile (949) 756 -1635 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Fd-t L&)1446 r V, PATRICIA E. 14 LY �e Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy" Assistant City Attorn y CITY OF SANTA ANA DAVID N. REA City Manager LYNN CAPOUYA, INC. LY�iN CAPOUYA President REQUEST FOR PROPOSAL ON CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL CONSULTANT SERVICES: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CALIFORNIA 92702 PROJECT DIRECTOR Souri Amirani Deputy City Engineer Phone (714) 647 -5640 REQUEST FOR PROPOSAL ON -CALL CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES GENERAL The City is soliciting proposals from professional landscape architectural firms to provide landscaping design services to prepare contract documents (plans, specifications and "Opinions of Probable Cost ") and to provide limited field observation and construction support on an as needed basis. The total amount of each contract shall not exceed $300,000. A detailed scope of work will be outlined when specific project is assigned to a consultant. Upon receiving this Request for Proposal (RFP), consultant shall notify the City regarding its intent to respond to the REP. From the proposals received, the City will enter into an agreement with the selected firms The work, in general, consists of general landscape architectural design projects of City owned facilities citywide. The projects may include new site design, construction or retrofitting of existing sites, landscaping, and irrigation systems; and other related projects as required. In addition, City may need mechanical, electrical, aquatic, structural, or geotechnical services for smaller projects. The consultant must be able to assist the City through this contract to provide the services needed. The consultant shall utilize in -house staff and /or sub - consultants satisfactorily to the City to complete the assignments. For specialized work for which the prime consultant will require a sub - consultant, the prime consultant shall serve as an administrative liaison between the City and the sub - consultant. The prime consultant mark -up for sub - consultants shall not exceed 10 %. The proposal shall be limited to fifteen (15) pages, excluding any appendices material. A cover letter shall summarize key factors and guarantee that key personnel shall be committed to perform the required tasks throughout the duration of the contract. A fee schedule described in the section "Supplied to Offeror" is to be included. PROPOSED SCOPE OF SERVICES In general, the Consultants shall perform landscape architectural design and site planning services resulting in contract documents (plans, specifications and cost estimates) for various projects on an as- needed basis. The Consultants shall also provide all field survey work required to complete the designs. The Consultant's services shall include, but not be limited to, the following: 1. Research existing utility company and City records and coordinate proposed improvements with existing field conditions. 2. Provide all field survey and topographic work necessary to complete the design effort. All survey field notes shall be submitted to the City and shall become property of the City upon completion of the project. 3. Assess and incorporate all design criteria and construction requirements conforming to the City of Santa Ana and other governmental agency requirements including, but not limited to handicapped requirements, safety provisions, CBC, seismic considerations, orientation, mechanical, electrical, maintenance factors, flood zone requirements, fire and security codes. 4. Complete design of projects including plans, specifications, and "Opinions of Probable Cost ". Consultant shall contact manufacturers and/or contractors to verify these costs prior to submitting to the City. Specifications shall be written in Microsoft Word and an electronic copy of the final version shall be furnished to the City. The City will provide the specification boiler plate to the Consultants. 10 5. All preliminary and bid sets of plans shall be plotted on bond paper. All drawings shall be 24" x 36" on City standard title block and title sheet. 6. All original plan sheets, the title sheet of the specifications, calculations, and reports shall be signed and stamped by the Consultant's licensed professional landscaped architect /engineer in responsible- charge of the project. These signed originals shall then become the property of the City. 7. Upon completion of construction, as- builts shall be submitted to Consultant. Consultant shall incorporate all changes to the plans electronically with all necessary revision notations. Once plans have been updated, a signed set of as -built mylars shall be submitted to the City with an electronic copy of the final as -built drawings via CD or e -mail. 8. Consultant shall tightly control the quality of the work performed by in -house staff and /or sub - consultants. Incomplete (not meeting targeted % completion) or poor quality work will not be accepted. The consultant shall need to revise the documents within a revised schedule set by the City, which may require overtime. No additional regular or overtime hours shall be approved for the required revisions. 9. Attend meetings with City's staff as required. 10. Coordination with other Agencies as required. 11. Plan check coordination with the City of Santa Ana and other agencies as required. 12. Consultant shall provide construction support and be required to review and approve addenda and clarifications to plans and specifications. Consultant shall attend pre - construction meetings, attend initial job walk, final walk- through and assist with preparation of punch list, and attend final inspection as requested by City staff. CITY RESPONSIBILITIES In general, the City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate spec. • Acting as a liaison with the appropriate decision making bodies. • Furnish electronic design file with City title block and title sheet (24" x 36 ") • Process plans for governmental agency approvals having jurisdiction over the project and pay for all plan check fees. • Reproduce final Contract Documents for bidding purposes. All reproduction costs prior to bid documents are the responsibility of the consultant. CONTRACT CONSIDERATION Since total actual cost cannot be pre- determined, a fee for each assigned project shall be negotiated. The Consultant shall be paid based upon hourly rates, unit costs or fixed fee for services rendered. PROPOSAL REJECTION The City reserves the right to reject any or all proposals submitted, and is not liable for any pre - contractual expenses: Pre - contractual expenses are defined as expenses incurred by the offeror in: (a) preparing the proposal in response to this RFP; (b) submitting that proposal to the City; (c) negotiating with the City in any matter related to this proposal; (d) any other expenses incurred by offeror prior to date of award, if any, of the contract. Offeror shall not include any such expenses as part of the price as proposed in response to this RFP. 0 ACCEPTANCE OF CONTRACT The contents of the proposal of the successful consultants shall become a contractual obligation if a contract ensues. Failure of a consultant to accept this obligation shall result in the cancellation of any award. Any damage accruing to the City as a result of a failure to contract may be recovered from the consultant. PRIME CONSULTANT RESPONSIBILITIES The selected consultants shall be required to assume responsibility for all services offered in their proposals. The selected consultants shall be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contracts. DISCLOSURE Any information, other than cost and price, which a consultant does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked "Confidential" — this data shall not be disclosed or duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the response; provided that: the contract is awarded to this offeror, or as a result of or in connection with the submission of such information, the City shall have the right to duplicate, use or disclose this information to the extent provided in this contract. This restriction shall not limit the City the right to use information contained herein if it is obtained from another source. DELAYS The City reserves the right to delay scheduled dates if it is to the advantage of the City. RULES FOR PROPOSALS The signer of the proposals must declare in writing that the only person, persons, company or parties interested in the proposal as principals, are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has fully authority to bind the principal proposer. METHOD OF PAYMENT The consultant shall submit a monthly invoice to the City for the service rendered in that month. The invoice shall include a detailed breakdown of the services, project title and limits, the tasks, the hours, and the unit costs or the hourly rates or percentage completed. Monthly payments will be made for work completed during the preceding month, except that no more than 85 percent of the total contract price shall be paid until the work is considered by the City to be 100 percent complete. REGULATIONS The selected consultants shall be expected to comply with all applicable federal, state and local regulations, building codes, and contract provisions. The ensuing contract shall contain such contractual provisions and conditions necessary to define a sound and complete agreement. 12 INFORMATION REQUIRED FROM CONSULTANTS Proposals shall be submitted in the format as described below: Organization and Credentials Provide a synopsis of the consultant's qualifications and past experience. Work Plan Provide a narrative rendition of the technical work plan. Show how all required tasks are to be completed. Staffing The consultant shall identify their Project Manager as well as other key personnel to be assigned to the project, their qualifications, education, representative experience, and their capability to explore and resolve problems. Subconsultants Identification is required of any contemplated subconsultants to be used during the project, with the identification of personnel to be assigned, their qualifications, education, and representative experience. SUPPLIED TO OFFEROR The offeror shall furnish a fee schedule for the proposed service. The offeror shall also complete Attachment "A" (Consultant Rate Comparison Form) located at the end of the Request for Proposal and include it with the fee schedule. The fee schedule (3 copies) and Attachment "A" shall be separately bound, sealed, and submitted to the City. The fee schedule shall include the following: A. Hourly rate for each personnel category. B. Any other direct charges. C. Indirect cost or overhead. D. Cost of supplies and materials (itemized). Consultant may submit a revised fee schedule at the beginning of the calendar year for any adjustments to the hourly rates. The City must approve the revised hourly rates in writing prior to the revised rates taking effect. The consultant may be required to submit supporting back -up documentation for the revised fee schedule changes. Total cost for the contract shall not exceed $300,000. 13 ADDITIONAL INFORMATION AND COMMENTS The contents under this heading are left to the discretion of the consultant. Material shall be pertinent to the proposal, but not otherwise requested in the RFP. CRITERIA FOR SELECTION An evaluation committee appointed by the Executive Director of the Public Works Agency will review the proposals. The criteria for evaluating the proposals submitted will take the following items into consideration: • Experience and reputation of the firm including a verification of data and references. • Experience and credentials of key personnel assigned to the project. • Understanding of project objectives and work tasks as evidenced in the written narratives and oral interview. • Adherence to Schedule: Demonstrate that the present workload of the firm and the availability of staff for the project shall enable staying on schedule. • Consultant's past record of performance in similar projects related to control of costs, quality of work and meeting schedules. • Familiarity with City design and construction specifications and procedures. • The City's prior experience with the consultant. • Familiarity with the geographical area of the project. • Fee (separate sealed envelope). The ultimate consultant selections shall be based upon both technical merit and cost competitiveness. THE CITY'S AFFIRMATIVE ACTION PROGRAM The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. The attached "Certification of Non - Discrimination by Contractors" shall be completed by each submitting firm and included in the proposal (Attachment "B "). 14 EXHIBIT B FEE SCHEDULE 15 .�'zti IA A \ A t T � Y • .r. � W A Nowr , y t T � Y • .r. � W A Nowr ATTACHMENT "A" ANNUAL LANDSCAPE ARCHITECTURAL SERVICES CONTRACT CONSULTANT RATE COMPARISON FORM -Cens,u4tant shall complete this form and include it along- wit4Ahe- com pr----n ciug fee schedule in the sealed fee envelope. This comparison is based upon services required for approximately one plan sheet each for landscape architectural design services including specifications and cost estimate for the following sample project: Design of a new 2500 sf landscaping and irrigation area for Santa Ana Zoo front entrance area. The sample plan and profile sheets shall be at WY and conform to all requirements detailed in this RFP. On a separate sheet of paper, please provide a detailed scope of work for the tasks required to complete this sample project. This form will be used for fee comparison purposes only. Description of Consultant Test or Services Unit Quantity Unit Cost Total Survey Three person survey crew Hours $_135.00 $ Desian and Draft Plans Principal Landscape Architect Hours 2 $ 196.00 392.00 Senior Landscape Architect Hours $_L48.00 $ Associate Landscape Architect Hours 67 $__133.00 $ 8,911.00 Draftsperson Hours 68 $ 90.00 $ 6,120.00 Irriaation Desioner Hours 3 $ 117.00 $--351 - 00 Hours 0 LY4%4A, eAf'*-04 1 ff'-%C- f! L A N I D S C A P E A R C H I T E C T S 17992 Mitchell South, Suite 110, Irvine, CA 92614 February 4, 2009 Souri Amirani City of Santa Ana Public Works Agency Santa Ana, CA 92702 Re: Santa Ana Zoo Front Entrance Dear Ms. Amirani ■ ■ ■ P: 949.756.0150 x:949.756.1635 design @lcapouya.com We are pleased that you have chosen to consider us for this project. Based upon our conversation, past experiences on similar projects with the City and their requirements, we have identified the following areas to be included in our Scope of Services: 1. 2,500 square feet of landscape area at the Zoo Entrance Our efforts will be directed towards design, construction documentation and field observation for irrigation and planting. Hardscape, Site furnishings /amenities, landscape lighting design and signage are not included in the scope. The work effort is on- grade. We have identified the following tasks, to include in our Scope of Services: TASK 1 — Field Investigation /Research /Schematic Design: 1.01 Site Issues /Field Investigation — Investigate /evaluate existing site conditions /elements including existing landscape, grading /drainage conditions, existing irrigation equipment, utilities, etc. Review pertinent Site Information i.e. topography, street improvement plans, utility easement and right of ways, traffic studies and specific and general plan requirements 1.02 Site Planning and Programming — Coordinate with Project Team to review /evaluate planning needs and programming requirements. Assist the Project Team in evaluating and coordination, potential irrigation systems, points of connections, potential grading /drainage issues, circulation, utility conflicts, and lighting and visual /sound considerations 1.03 Attend a kickoff meeting to review CLIENT goals and objectives and key personnel within the Team and define milestones within the project 1.04 Review Soils Fertility Report to identify potential soils problems and recommended corrective practices and soils amendments 1.05 Review CLIENT and CITY standards and requirements in developing goals and objectives to preparing a cohesive landscape design 1.06 Conceptual Design Plan (Scale: 1 " =20') — Prepare a color- rendered illustrative Conceptual Landscape Plan including Tree, Shrub, Ground Cover areas and plant photos 1.07 Prepare Narrative Description of Landscape Concept City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 2 1.08 Preliminary Budget — Prepare Preliminary Statement of Probable Construction Costs 1.09 Assist in one (1) Client Meeting 1.10 Prepare Tree removal/Tree protection information 1.11 Allow for one (1) plan revision per Client/City comments 1.12 Attend maximum of one (1) Project design /review meetings (in addition to kick -off meeting) via phone conference TASK 2 — Design Development Phase: 2.01 Revise base files 2.02 Coordination with Architect, Mechanical, Electrical and Civil Engineers to provide on- structure, landscape drain connections to structural slab drains and /or curb drains; and water stub - outs /P.O.C. for irrigation system 2.03 Prepare Preliminary Irrigation layout/coordination 2.04 Prepare Preliminary Planting Plans with major plant material types and locations identified 2.05 Refinement of Statement of Probable Construction Costs 2.06 Prepare Outline specifications in City of Santa Ana format 2.07 Allow for one (1) plan revision per Client comments 2.08 Attend maximum of one (1) Project Team /Client Meeting TASK 3 — Construction Documents: 3.01 Prepare Irrigation Plans detailing automatic irrigation system indicating location and type of backflow prevention, mainlines, laterals, heads, valves, quick couplers and automatic controllers 3.02 Prepare Irrigation Schedules /Calculations and Details 3.03 Prepare Planting Plans identifying plant call -outs and planting details 3.04 Prepare Planting Details 3.05 Prepare finalized technical specification for irrigation, planting and landscape maintenance 3.06 Coordinate utility information with Team 3.07 Implement In -house QA/QC procedures 3.08 Respond to Client comments 3.09 Attendance at a maximum of one (1) project review /coordination meeting City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 3 Construction Documents Summary: L -1 Irrigation plan (1 " =20') L -2 Irrigation details and calculations L -3 Planting plan (1 " =20') L-4 Planting Details • Specifications (City format) • Soil testing, evaluation by Wallace laboratories • Arborist Report to be provided by City of Santa Ana if required TASK 4 — Bidding: 4.01 Assist the team in preparation of bid packages 4.02 Attend pre -bid meeting 4.03 Assist response to bidder's RFI's 4.04 Assist in preparing addendums TASK 5 — Construction Administration (6 Site and /or Nursery Visits): 5.01 Attend construction kick -off meeting (1) 5.02 Process product submittals /shop drawings 5.03 Attend periodic construction reviews (allow 2) 5.04 Construction administration meetings (allow 1) 5.05 Assist preparation of change orders 5.06 Assist preparation of RFI's 5.07 Prepare final punchlist prior to commencement of maintenance period (1 visit) 5.08 Review end of maintenance review (1 visit) 5.09 Prepare as -built plans 5.10 Prepare project close out City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 4 Assumptions: 1. Major existing irrigation equipment will be limited to the coordination of POC's only. LCI makes no acknowledgement to the serviceability of the system. Should a pump be required, LCI will provide pump design information to the engineer for his use in design. 2. Consultant may rely upon all materials provided as a result of request for information from client without independent verification. 3. Client shall provide accurate and complete, electronic base sheets in AutoCAD (ver. 2008 or earlier) to develop landscape drawings showing proposed improvements including building footprints and openings, and survey showing existing improvements including: property lines, topography, easements, curbs, utilities, structures, light poles, paving, tree trunk locations and sizes (diameter at 4' high), planting areas and irrigation systems. 4. The project will be designed and implemented in one continuous effort and not separated into multiple bid packages or construction phases. 5. No sub - consultants are anticipated at this time. Any necessary sub - consultants that are in addition to the contract and will be billed at a factor of 1.10. 6. Client shall provide the standard General Conditions, Special Conditions and Bidding Instructions to the Specifications. 7. Verbal request to commence each task constitutes approval of prior work. Changes in subsequent work will be considered additional services, documented and billed on an hourly basis. 8. City shall pay all agency fees, permits and assessments. 9. Necessary preparation time and attendance at Public Hearings, Agency Meetings, and Community Outreach are not within this Scope of Services and will be considered an additional service unless otherwise noted. 10. Level of design and construction documentation is based on a landscape budget that shall be established by the City by the end of Schematic Design. 11. All Architectural, Structural, Electrical and Civil Engineering work is not included. 12. The Client will provide all water and electrical points of connections. 13. Assumes LCI to submit electronic files, plus one set of reproducibles to the Client for each submittal. 14. The work effort is on- grade. 15. Specifications will be per City of Santa Ana format, delivered in final form in Word 2003. 16. P.O.C. and available psi from the City are required for the irrigation. The controller requires a 120 -volt outlet, which will need to be located inside the building or as required by maintenance. 17. The service of an Arborist have bee excluded from this proposal. FEES: We propose to undertake Tasks 1 through 5 of work for a lump sum fee as follows: Task 1 Field Investigation and Research /Schematic Design $5,431.00 Task 2 Design Development $3,306.00 Task 3 Construction Documents $3,798.00 Task 4 Bidding $665.00 Task 5 Construction Administration $2,574.00 SUB -TOTAL $15,774.00 Estimated Expenses (Allow) $1,575.00 Soils Testing $200.00 TOTAL $17,549.00 City of Santa Ana Santa Ana Zoo Front Entrance February 4, 2008 Page 5 Fees for the project will be billed per Master Contract Agreement. We plan to submit these plans to the City of Santa. We appreciate this opportunity to work with you and look forward to a successful project. Sincerely, Lynn p uya, Pre " ent LYNN POUYA, INC. A California Corporation LCI /It Authorized by: Date Lynn Capouva, Inc. LANDSCAPE ARCHITECTS City of Santa Ana Santa Ana Zoo Front Entrance HOURLY BREAKDOWN Lvnn Capouva, Inc. LANDSCAPE ARCHITECTS City of Santa Ana Santa Ana Zoo Front Entrance HOURLY REAKDOWN Lynn Capouva, Inc. LANDSCAPE ARCHITECTS Santa Ana Zoo Front Entrance zoanta Ana City of Santa Ana .. :Senior I.,: Ab :Prlgc�pol m' I lendai k ! 1rtioloo Charge j aichaecr as+9ner : e. 3.01 Prepare Irrigation Plans�l 3.02 Prepare Irrigation Schedules(Calc's/Details 1 3.03 Prepare Planting Plans 3.04 _ -Prepare Planting Details 1 13.061 Finalize Technical Specifications j 3.06 - Coordinate tffillty information - - -- — - - , 3.07 — -- —_- In -house QA/QC -- 3.08 li Revisions per Client comments 1 3.09 Project Team design/review meetings i1 TOTAL HOURS 0 0 HOURLYBREAKDOWN 4- Feb -09 Otidpe Oleflteman OraR9man � YvoM I ? 7 ' : Proeas6 tOTAt � AJ(dCf .. i....... I. - TOTAL FEE I $ 0 $0 00 I $0.000 ` $133.00 � $100.00 $63.00 $351 00 $119700 I $2 250 00 $0.00 _ _$_ $0.00 k. $3,798.II0 labor Lynn Capouva, Inc. LANDSCAPE ARCHITECTS City of Santa Ana Santa Ana Zoo Front Entrance HHOURLV BREAKDOWN Santa Ana 4 -. .. . dnit Prt hlpit,p .. c �g Senior.: - :�Lndecape a,crt ►teci . ►rr►gauon Designer Araflsmsn 2 :D2ttr -mo 1 Wptd PTtBd6 tOTAL ... : ArCWct:: 4.01 ass - Assist Team to Prepare Bid Packages 1 4.02 � Attend Pre -Bid M eetings 1 + 4.03 - - Assist Response to Bidders RFl s - -- -- 2 + - - 4.04�- Assist m Pre arin Addendums _ P 9 I � � TOTAL HOURS- 0 0 _ 0 5 - 0 I 5 hours - - - RATE $196.00 $148.00 - -I -$117.00 $133.00 $90.00 $100.00 ! $63.00 ...:: - - TOTAL FEE $0.00 $0.00 $0.00 $665.00 $0.00 $0.00 $0.00 X665 00 I labor TASK 5: CONSTRUCTION s -. • - - 5.01 Attend Construction Kick-Off Meetin 1 - - l- 5.02 Review of Product/Sho P Submittals -- - 2 5.03 ! -Drwg. Attend Periodic Construction Reviews 4 - k -, _ - r 4 5.04 Construction Administration ►stration Meetrn s 9 - 5.05 -- Assist Preparat►on of Change Orders _ i - 2 � - P'. 2 - - -_ 1 - - - T - - 5.06 - - Assist Preparation of RFI s -- 5.07 - Prepare Final Punchlist 1 2 5.08 Review End of Maintenance Review' 1 - - t 2 5.. 09 ; Prepare As -Built Plans - + 1 2 0 Prepare Pro ect Closeout L - TOTAL HOURS - - - - 0 0 - - - i -- - - +- 18 - 2 0 0 2q h ours RATE _ $196.00 $148.00 $117.00_ $133.00 1 $9_0.00 $100.00 !`$63.00 TOTAL FEE, $0.00 $0.00 $0.00 $2,394.00 1 $180.00 $0.00 $0.00 -- $2,6U!6011 labor Ly4%o-- eAj4'04140�', tso%oc- L A N D S C A P E ARCHITECTS 2995 AIRWAY AVENUE, COSTA MESA, CA 92626 p: 714.556.2500 f: 714.556.2504 design@Icapouya.com fee breakdown City of Santa Ana Santa Ana Zoo Front Entrance 2/4/2009 Labor $5,431.00 Labor $3,306.00 Expenses Expenses *mileage (allow) $50.00 *mileage (allow) $50.00 printing & plotting (allow) $200.00 printing & plotting (allow) $200.00 delivery (allow) $0.00 delivery (allow) $25.00 photos /images /scans (allow) $25.00 photos /images /scans (allow) $0.00 TOTAL $5,706.00 TOTAL $3,581.00 Labor $3,798.00 Labor $665.00 Expenses Expenses *mileage (allow) $50.00 *mileage (allow) $50.00 printing & plotting (allow) $300.00 printing & plotting (allow) $100.00 delivery (allow) $25.00 delivery (allow) $25.00 photos /images /scans (allow) $0.00 photos /images /scans (allow) $0.00 TOTAL $4,173.00 TOTAL $840.00 TASK 5: Labor $2, 574.00 Expenses *mileage (allow) $100.00 Arborist: N.I.C. printing & plotting (allow) $300.00 delivery (allow) $25.00 Soils Testing: $200.00 photos /images /scans (allow) $50.00 Total Hours: 140 TOTAL $3,049.00 PROJECT • 00 ' mileage to be paid at current M rate M Date (MM /DD/YYYY) FPRODUCER 03/03!09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 W. 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Oak Brook, IL 60523 COMPANIES AFFORDING COVERAGE COMPANY A New Hampshire Insurance Company INSURED COMPANY Lynn Capouya, Inc. B 17992 Mitchell South, #110 COMPANY Irvine, CA 92614 C COMPANY D 11COVERAGES THIS IS TO CERTIFY 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 CERTIFICATE NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION DATE (MM /DDNY) DATE (MM /DD/YY) LIMITS GENERAL LIABILITY COMPREHENSIVE FORM BODILY INJURY OCC $ PREMISES /OPERATIONS BODILY INJURY AGG $ UNDERGROUND PROPERTY DAMAGE OCC $ EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE AGG $ PRODUCTS /COPMLETEDOPER DOES NOT APPLY BI & PD COMBINED OCC $ CONTRACTUAL BI & PD COMBINED AGG $ INDEPENDENT CONTRACTORS PERSONAL INJURY AGG BROAD FORM PROPERTY DAMAGE $ PERSONAL INJURY nyp c TO �'iO J 1 AUTOMOBILE LIABILITY BODILY INJURY ANY AUTO (Per Person) $ ALL OWNED AUTOS(Private Pass) Sh edy BODILY INJURY $ ALL OWNED AUTOS (Other than Private Passenger) DOES NOT APPLY / a Id S tt Attorney, (Per Accident) PROPERTY DAMAGE HIRED AUTOS A.SSistant itY NON -OWNED AUTOS BODILY INJURY GARAGE LIABILITY PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY UMBRELLA FORM DOES NOT APPLY EACH OCCURENCE $ AGGREGATE $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION t AND EMPLOYERS' LIABILITY 'v'�iC 3TATU- TORY LIMITS ER THE PROPRIETOR/ EL EACH ACCIDENT $ PARTNERS /EXECUTIVE OFFICERS ARE: EXCL EL DISEASE - POLICY LIMIT $ OTHER EL DISEASE - EA EMPLOYEE $ A Professional 006936854 7/30/2008 7/30/2009 1,000,000 each claim Liability 1,000,000 aggregate DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS Re: On -Call Landscape Architectural Services City of Santa Ana Public Works Agency M -36 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Mindy Ly EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1988 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Santa Ana, CA 92702 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AOITHORIZED REPRESENT?�TIVE LEATZOW INSURANCE . -. ORD AC CORPORATION Gllent;7: 1271727 305LYNNCAP CO,M CERTIFICATE OF LIABILITY INSURANCE 3/11/09 DD/YY) I RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB &T Insurance Svcs of CA,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 680 Langsdorf Drive #100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 34009 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fullerton, CA 92834 -9409 INSURERS AFFORDING COVERAGE - - - INSURED —- __ - - - -. LYNN CAPOUYA INC. INSURER A: Hartford Casualty Insurance Company - 17992 Mitchell South #110 INSURER 8 Hartford Insurance Co of the Midwest INSURER c: Property & Casualty Ins Co _of Hartfo Irvine, Ca. 92614 - - -- - — INSURER D. INSURER E COVERAGFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER INSURED NAMED DOCUMENT WITH ABOVE FOR THE POLICY RESPECT TO PERIOD INDICATED. NOTWITHSTANDING WHICH THIS CERTIFICATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HEREIN IS SUBJECT TO ALL THE TERMS, MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH - - ILTR TYPE OF INSURANCE POLICY NUMBER �POLIbY POLICY EXPIRATION DATE MM/DD/YY _ -- - LIMITS EFFECTIVE DATE MM/DD/YY A GENERAL LIABILITY 72SBAKN6524 COMMERCIAL GENERAL 07/10/08 07/10/09 EACH OCCURRENCE $2 OOO 000 FIREDAMAGE (Any one fire) �$300LO LM �X CLAIMS MADE J OCCUR D EXP (Any one person) $10 000 ��� — - = -- - - PERSONAL & ADV INJURY $20 - 00,000 - - [GENERAL AGGREGATE_ $- O,OOO- GEN'LAGGREGATELIMITAPPLIESPER: 'PRODUCTS •C OMP /OP AGG - -- - - -- - - $4 000,000 POLICY JECT LOC C AUTOMOBILE LIABILITY 72UECAH1867 07/20/0$ 07/20/09 �ANY AUTO ALL COMBINED SINGLE LIMIT L(Ea accident) — -- $1,000,000 -- OWNED AUTOS - SCHEDULED AUTOS BODILY INJURY (Per - -- $ X HIRED AUTOS person) -- — — -- NON -OWNED AUTOS BODILY INJURY i (Per accident) $ -X 1 APPROVEI) A _ - TO FOR - -� PROPERTY - DAMAGE (Per accident) $ GARAGE LIABILITY �$ ANY AUTO AUTO ONLY - EA ACCIDENT L$llI$ St' heed OTHER THAN EA ACC _ AUTO ONLY: j $ -_ . -- AGG $ EXCESS LIABILITY_ Y OTllej EACH OCCURRENCE $ OCCUR L J CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ — - -.. — -- - -- - -- $ - -- - B 'WORKERS COMPENSATION AND 72WECRRO814 Q$ /01/08 EMPLOYERS' 08/01/09 i WC uTATU• 0TH- LIABILITY TQRY LIMITS _ER - -- _ - E.L. EACH ACCIDENT $1,000,000 E.L. OTHER II i I DISEASE -EA EMPLOYEE $1,000,000 0 -- - E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holder is added as Additional Insured per pages 10 -17 of Coverage form SS0008 0405 attached. Cancellation clause is completed as follows: except in the event of Non Payment when a 10 day notice will be provided. (See Attached Descriptions) CFRTICl/`ATC Ur%1 nec i i ■ City of Santa Ana Public Works Agency M -36 P.O. Box 988 Santa Ana, CA 92702 ACORD 25 -S (7/97) 1 of 3 #S3222969/M2655148 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 3V DAYS WRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT L AUTHORIZED REPRESENTATIVE TLAMS © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25- S(7/97)2 of �f.4�777q�o /tvr�ccc, n n BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products - Completed Operations Hazard Included with the "products- completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Page 10 of 24 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 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 this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 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; and Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) 'Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of 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. Operator of 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 person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political subdivision, that such person or organization inspections, adjustments, tests or be added as an additional insured on your servicing as the vendor has agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f)• or "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in (a) "Bodily injury" or "property connection with the distribution damage" for which the vendor is or sale of the products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily in the product made intentionally injury", "property damage" or by the vendor; "personal and advertising injury" (d) Repackaging, except when caused, in whole or in part, by your unpacked solely for the purpose of maintenance, operation or use of inspection, demonstration, testing, equipment leased to you by such or the substitution of parts under person or organization. instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" which takes place after (1) Any state or political subdivision, but you cease to lease that equipment. only with respect to operations c. Lessors Of Land Or Premises performed by you or on your behalf for which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises leased to you. (a) "Bodily injury", "property damage" (2) With respect to the insurance afforded or "personal and advertising to these additional insureds, this injury" arising out of operations performed for the state insurance does not apply to: or municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new construction or demolition (1) Any other person or organization who operations performed by or on is not an insured under Paragraphs a. behalf of such person or through e. above, but only with organization. respect to liability for "bodily injury", d. Architects, Engineers Or Surveyors "property damage" or "personal and advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on your behalf: (b) In connection with your premises (a) In connection with your premises; owned by or rented to you; or In connection with "your your work and (b) In the performance of your included within the "products - completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (2) With respect to the insurance afforded (1) The written contract or written to these additional insureds, the agreement requires you to provide such following additional exclusion applies: coverage to such additional insured; and This insurance does not apply to "bodily injury", "property damage" or (ii) This Coverage Part provides "bodily "personal and advertising injury" coverage for injury" or "property arising out of the rendering of or the damage" included failure to render any professional within the "products - completed operations hazard ". services by or for you, including: (a) The (2) With respect to the insurance afforded preparing, approving, or failure to to these additional insureds, this prepare or approve, maps, shop drawings, opinions, insurance does not apply to: reports, surveys, field orders, "Bodily injury", "property damage" or change orders, designs or "personal and advertising injury" drawings and specifications; or arising out of the rendering of, or the (b) Supervisory, inspection, failure to render, any professional architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damaaes because of all other 'bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 E If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit ", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit ". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. 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. LIABILITY AND MEDICAL EXPENSES GENERAL 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 a 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: Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (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, 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 that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's 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 Insured's 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, written agreement or permit 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. Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form 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 insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under 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 A. — Coverages. (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 k. of Section A. — Coverages. Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit 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 duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 • - rD —fli- 1171717 ACORDTM CERTIFICATE OF LIABILITY INSURANCE lN5K LTR ADD' N 8106 /2 o°IYYYY' PRODUCER BB &T Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Of Orange County 680 Langsdort Drive Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. A Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED � /'� Lynn C Mitchell Inc. `-11J► 17992 Mitchell South, Suite 110 Irvine, CA 92614 INSURERA: Hartford Casualty Insurance COm 29424 INSURER B: Hartford Ins Co of the Midwest 37478 INSURERC: Property & Casualty Ins Co of H 34690 INSURER D: DAMAGE TO RENTED PREMISES (Ea occuirrencel INSURER E: MED EXP (Any one person) $10,000 VVY 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. lN5K LTR ADD' N TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE M D POLICY EXPIRATION DATE M D LIMITS A GENERAL LIABILITY 72SBAKN6524 07/10/09 07/10110 EACH OCCURRENCE $2 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7 OCCUR DAMAGE TO RENTED PREMISES (Ea occuirrencel $300 OOO MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $2 000 000 GENERAL AGGREGATE $4000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F1 PECa LOC PRODUCTS - COMP/OP AGG $4,000.000 C AUTOMOBILE X LIABILITY ANY AUTO 72UECAH1867 07/20/09 07/20110 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ ��,,�� a 1` (� AS T T �' FORM PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO Laura Stitt i1Led AUTO ONLY - EA ACGDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE AsSistait a�1ty , -' ( {rT {- 8y EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 72WECRRO814 08/01/09 08/01/10 X I WC STATU- I OTH- E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Oyes, describe and EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 SPECIAL PROVIII SIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cancellation clause is completed as follows: except in the event of Non Payment when a 10 day notice will be provided The City of Santa Ana, its officers, employees, agents, volunteers and representatives are added as Additional Insured per pages 10 -17 of coverage form SS0008 0405 attached. Covreage is primary and any insurance maintained by the additional insured shall not contribute. CERTIFICATE HOLDER CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Santa Ana Public Wi51'k§ Agency M -36 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL P.O. BOX 1988 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92702 REPRESENTATIVES. cannon � OUTHOR¢ED REPRESENTATIVE h L i I of A 40it14- 100 limits ly610 TLAMS ® ACORD CORPORATION 1988 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 25S t2oelroni �• �- .rv.aaa �ovumoor yocU BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products - Completed Operations Hazard Included with the "products- completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 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 this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon 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; and Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of 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. Operator of 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 person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in (a) "Bodily injury" or "property connection with the distribution damage" for which the vendor is or sale of the products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only ()Any physical or chemical change with respect to their liability for "bodily in the product made intentionally injury", "property damage" or by the vendor; "personal and advertising injury" (d) Repackaging, except when caused, in whole or in part, by your unpacked solely for the purpose of maintenance, operation or use of inspection, demonstration, testing, equipment leased to you by such or the substitution of parts under person or organization. instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political coverage for "bodily injury" or to these additional insureds, this Subdivisions arising out of the rendering of or the insurance does not apply to any "occurrence" which takes place after (1) Any state or political subdivision, but completed operations hazard ". you cease to lease that equipment. only with respect to operations (2) With respect to the insurance afforded performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. change orders, designs or whom you lease land or premises, but (2) With respect to the insurance afforded arising out of the rendering of, or the only with respect to liability arising out to these additional insureds, this architectural or engineering of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises leased to you. „ (a) Bodily injury”, property damage" (2) With respect to the insurance afforded or "personal and advertising injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new construction or demolition (1) Any other person or organization who operations performed by or on is not an insured under Paragraphs a. behalf of such person or through e. above, but only with organization. respect to liability for "bodily injury", d. Architects, Engineers Or Surveyors "e or property dama " " 9 personal and advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on your behalf: (b) In connection with your premises (a) In connection with your premises; owned by or rented to you; or or (c) In connection with "your work" and (b) In the performance of your included within the "products - completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (2) With respect to the insurance afforded (i) The written contract or written to these additional insureds, the agreement requires you to provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides , bodily injury", 'property damage" or 11 coverage for "bodily injury" or personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard ". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, reports, surveys, field orders, "Bodily Y "property damage" or "personal change orders, designs or and advertising injury" drawings and specifications; or arising out of the rendering of, or the (b) Supervisory, inspection, failure to render, any professional architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit "; single highest limit of liability of all coverages applicable to such claim or "suit ". However, this (2) Authorize us to obtain records and paragraph does not apply to the Medical Expenses other information; limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, The Limits of Insurance of this Coverage Part apply settlement of the claim or defense "suit "; separately to each consecutive annual period and to against the and any remaining period of less than 12 months, starting (4) Assist us, upon our request, in the with the beginning of the policy period shown in the enforcement of any right against any Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable to the insured because of injury months. In that case, the additional period will be or damage to which this insurance deemed part of the last preceding period for purposes may also apply. of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or suit „ under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit” to the You or any additional insured must see to other insurer for defense and indemnity. it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and (1) How, when and where the "occurrence" non - contributory with the additional or offense took place; insured's own insurance. (2) The names and addresses of any f. Knowledge Of An Occurrence, Offense, injured persons and witnesses; and Claim Or Suit 3 () The nature and location of any injury Paragraphs a. and b. apply to you or to or damage arising out of the any additional insured only when such " .. occurrence or offense. occurrence ", offense, claim or "suit" is known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional insured must: (2) Any partner, if you or an additional (1) Immediately record the specifics of the insured is a partnership; claim or "suit" and the date received; (3) Any manager, if you or an additional and insured is a limited liability company; (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance You or any additional insured must see to manager, if you or an additional insured is a corporation; it that we receive a written notice of the c claim or "suit" as soon as practicable. (5) Any trustee, if you or an additional c. Assistance And Cooperation Of The insured is a trust; or Insured (6) Any elected or appointed official, if you You and any other involved insured must: or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form 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 insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and Page 16 of 24 (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under 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 A. — Coverages. (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 k. of Section A. — Coverages. Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Pa rt: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit 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 duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Page 17 of 24 Date (MM /DD/YYYY) AC�RDTM CERTIFICATE OF LIABILITY INSURANCE 7io9 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 W. 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE Oak Brook, IL 60523 COMPANY A New Hampshire Insurance Company INSURED COMPANY Lynn Capp -uya, Inc. B 17992 Mitchell South, #110 Irvine, CA 92614 COMPANY C COMPANY D ICOVERAGES THIS IS TO CERTIFY 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 NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CC LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD /YY) POLICY EXPIRATION DATE (MM /DD /YY) LIMITS GENERAL LIABILITY BODILY INJURY OCC $ COMPREHENSIVE FORM BODILY INJURY AGG $ PREMISES /OPERATIONS PROPERTY DAMAGE OCC $ UNDERGROUND EXPLOSION COLLAPSE HAZARD PROPERTY DAMAGE AGG $ BI & PD COMBINED OCC $ PRODUCTS /COPMLETED OPER DOES NOT APPLY BI & PD COMBINED AGG $ CONTRACTUAL PERSONAL INJURY AGG $ INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY C T O FOR `, l ODILY INJURY (Per Person) $ ANY AUTO ALL OWNED AUTOS(Private Pass) ALL OWNED AUTOS (Other than Private Passenger) HIRED AUTOS NON -OWNED AUTOS DOES NOT APPLY PPROVED �y;p "' I,' Ic'l ,�titil�I Int '� ' Itt SheedY ity AttornCy BODILY INJURY (Per Accident) PROPERTY DAMAGE $ $ BODILY INJURY PROPERTY DAMAGE $ GARAGE LIABILITY COMBINED EXCESS LIABILITY EACH OCCURENCE $ AGGREGATE $ UMBRELLA FORM DOES NOT APPLY OTHER THAN UMBRELLA FORM $ WORKFRS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ UTI E PARTNE RS /EX EC V B INCL OFFICERS ARE EXCL DOES NOT APPLY WC STATU- TORY LIMITS OTH- ER Is EL EACH ACCIDENT EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ A OTHER Professional Liability 020397958 7/30/2009 7/30/2010 2,000,000 each claim 2,000,000 aggregate DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS Re: On -Call Landscape Architectural Services HOLDER City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Public Works Agency M -36 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Mindy Ly = h P.O. BOX 1988 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE . C ��� C LEATZOW INSURANCE . -. CORPORATION ACORD,M CERTIFICATE OF - - INSURANCE Date (MM /DD/YYYI� o�i2oi� o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Leatzow Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2301 W. 22nd Street Suite 208 ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. COMPANIES AFFORDING COVERAGE p p Ur, I I PM 5' 54 COMPANY Oak Brook, IL 60523 A New Hampshire Insurance Company INSURED 'CiL COMPANY Lynn Capouya, Inca CLEP.t :. s COMPANY 17992 Mitchell South, #110 Irvine, CA 92614 c COMPANY D ;COVERAGES THIS IS TO CERTIFY 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 NAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM /DD /YY) DATE (MM /DD /YY) LIMITS GENERAL LIABILITY BODILY INJURY OCC $ COMPREHENSIVE FORM BODILY INJURY AGG $ PREMISES /OPERATIONS PROPERTY DAMAGE OCC $ UNDERGROUND PROPERTY DAMAGE AGG $ EXPLOSION COLLAPSE HAZARD PRODUCTS /COPMLETED OPER DOES NOT APPLY BI & PD COMBINED OCC $ BI & PD COMBINED AGG $ CONTRACTUAL INDEPENDENT CONTRACTORS PERSONAL INJURY AGG $ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY S To AUTOMOBILE LIABILITY P i BODILY INJURY r Person) $ ANY AUTO BODILY INJURY (Per Accident) $ ALL OWNED AUTOS(Private Pass) 06 y Sh d ALL OWNED AUTOS DOES NOT APPLY La uta S itt neY AttOT (Other than Private Passenger) -t ,ty PROPERTY DAMAGE $ HIRED AUTOS �SS1Stan BODILY INJURY NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY COMBINED EXCESS LIABILITY EACH OCCURENCE Is AGGREGATE $ UMBRELLA FORM DOES NOT APPLY OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION WC STATU- TORY LIMITS OTH- ER AND EMPLOYERS' LIABILITY EL EACH ACCIDENT $ RIETOR/ THE PROPS INCL DOES NOT APPLY EL DISEASE - POLICY LIMIT $ PAR TNER /EXECUTIVE OFFICERS ARE: EXCL e EL DISEASE - EA EMPLOYEE $ OTHER 2,000,000 each claim A Professional 011104461 7/30/2010 7/30/2011 2,000,000 aggregate Liability DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /SPECIAL ITEMS Re: On -Call Landscape Architectural Services HOLDER CERTIFICATE City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Public Works Agency M -36 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Mind L Mindy y 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF P.O. Box 1988 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE �I(I LEATZOW INSURANCE . CORPORATION Client #: 1271727 kT11.i W dZq I.q rOT —U ACORD- CERTIFICATE OF LIABILITY INSURANCE """ �M 7/30/20 0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BB8,T Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE of Orange County HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 680 Langsdorf Drive Suite 100 A Fullerton, CA 92831 INSURERS AFFORDING COVERAGE NAIC # INSURED Lynn Capouya Inc. 17992 Mitchell South, Suite 110 Irvine, CA 92614 INSURERA: Hartford Casualty Insurance Corn 29424 INSURER B: Hartford Ins Co of the Midwest 37478 INSURERc: Hartford Underwriters Insurance 30104 INSURERD: INSURER E: $3OO OOO MED EXP (Any one person) 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. IN5K LTR ADD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE DATE MM D POLICY EXPIRATION DATE(MMIDDIYYM LIMITS A GENERAL LIABILITY 72SBAKN6524 07/10/2010 07/10/2011 EACH OCCURRENCE $2 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $3OO OOO MED EXP (Any one person) $10,000 CLAIMS MADE N OCCUR PERSONAL 8 ADV INJURY s2,000,000 GENERAL AGGREGATE $4 000,000 GE N'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG s4,000,000 POLICY PRO- LOC C AUTOMOBILE LIABILITY X ANY AUTO 72UECAH1867 07/20/2010 07/20/2011 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY (Per accident) DAMAGE $ F1 - • `, i.J i� lL lJ A 1 TO GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE � - (` ty y ttOrney EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 72WECRRO814 08/01/2010 08/01/2011 X WC LIMIT FR E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Cancellation clause is completed as follow: except in the event of Non Payment when a 10 day notice will be provided Certificate Holder is added as Additional Insured per pages 10 -17 of coverage form SS0008 0405 attached. City of Santa Ana Public Works Agency M -36 P.O. BOX 988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'An DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE ACORD 25 (2009/01) 1 of 2 #S5401561/M5276793 O 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TLAMS 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 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 (2009/01) 2 of 2 #S5401561/M5276793 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products - Completed Operations Hazard Included with the "products- completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED I. If you are designated in the Declarations as a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 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 this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon 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; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of 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. Operator of 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 person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests. or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in additional insured under this provision if such connection with the sale of the person or organization is included as an product; additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d ) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but " occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed b p y you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. 'property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard ". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily Y � in 1 ry", "Property damage" or reports, surveys, field orders, personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit'; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit ". However, this other information; paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. (3) Cooperate with us in the investigation, settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit "; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement any right against any with the beginning of the policy period shown in the Declarations, unless the policy period is extended person or organization that may be after issuance for an additional period of less than 12 liable the insured because of injury months. In that case, the additional period will be or damage which this insurance deemed part of the last preceding period for purposes may also appllyy . of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost g E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non - contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence ", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as practicable. (4) Any "executive officer" or insurance manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form 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 insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under 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 By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are bas%IpMONJ �� A5 �� 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 A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or vo 4hyi use of elevators to the extent not subject to Exclusion k. of Section A. — C representations you made to u , and /�v overages. aura S Page 16 of 24 titt pttor',.' Form SS 00 08 04 05 nt city O LL, r (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will [ share with all that other insurance o by the method described in c. Q below. L (b) Primary And Non - Contributory U To Other Insurance When C 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 duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 ORANCE NOT REQUIRED A- 2014 -168 WORK MAY PROCEED CLERK OF COUNCIL AMENDMENT TO FUNDING AGREEMENT IIATF. ,2 -2- S / t2r 9 THIS AMENDMENT TO FUNDING AGREEMENT, made and entered into this 1st day of July 2014, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City"), and the Friends of the Santa Ana Zoo, a i California non -profit corporation ( "FOSAZ "). RECITALS A. The City and FOSAZ entered into that certain Funding Agreement for the Development of a New Ocelot Exhibit at the Santa Ana Zoo at Prentice Park dated July 15, 2013, hereinafter referred to as "said Agreement" ( #A- 2013 -107), whereby FOSAZ would provide funding for the design and construction of the new ocelot exhibit at the Santa Ana Zoo at Prentice Park (the "Project'). c® v B. The parties agree that work on the Project has begun in earnest, however additional funds are required to complete the Project. C. The parties hereto now desire to amend the Scope of Work to include additional funding from FOSAZ to the City for the Project. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: 1. Section 1 of said Agreement, Scope of Work, is hereby amended to increase the amount of the grants and contributions from FOSAZ to the City from $350,000 with additional funds in the amount of $176,902 for total donated funding from FOSAZ to the City in the amount of $526,902. 2. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Funding Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney C- Z� By: Lisa Storck Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager Y FOSAZ — Friends of the Santa Ana Zoo Ca t ecicer Executive Director DATE M�BD7_1 G7 CERTIFICATE OF LIABILITY INSURANCE ATE _7' 24 20714 C �G7/24 _ DOES 0 S No THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION ONILYAND - CONFERS 46 RIGHTS UPON THE CERTIFICATE Hi5weR s CERTIFICATE DO N T I P AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONsTrrUTE ACONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder to an ADDITIONAL INS the Crory to be endorsed. It SUBROGATION IS WAIVED, sublM —tth7r.7W.— and "conditions of the policy. certain policies may require an ondonearre, AN, 0 10 C rights to the certificate holder in lieu of such endorsement(M. PRODUCER CONTACT NAME Karen Bronson Leatzow Insurance CITY OF SANT%_PHA*_A"__' _(312)930-5566___ (886)7412778 — a66)741 2778—— 500 W. Madison St. - S 000 K of- co .1d a Chicago, IL 60661 INSURERS) AFFORDING COVERAGE NAG # INSURER A: New Hampshire Insurance Company j 23841 INSURED INSURER En. Lynn Capouya, Inc. INSURER C: 17992 Mitchell South, #110 Irvine, CA 92614 -- INSURER , U: f. NSURER E: jj INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ITHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE AQDIjsUBRI POLICY NUMBER POLICY EFF POLICY LIMITS LTR IN$R MVD— (MMI Y cxpyl I I-- __ — I EACH —OCOURRENCE- GENERAL LIABILITY — :r"Ooe=1 �(MOMILDIDD—ylycyxy! i ZPMO L COMMERCIAL GENERAL LIABILITY I DAMAGE TO _RENTEa $ LA PREMISES (E. ..aruonod) 0 CLAIMS MADE DI OCCUR I —7)— s ADD EXP (Any one DOES NOT APPLY PERSONAL AJT1) ADV -INJURY S GENERAL AGGREGATE S GEITL AGGREGA HE LIMIT APPUE$ PER i PRODUCTS - CAMP /OP AGO POLICY PROJECT LOC I AUTOMOBILE LIABILITY I i COMBINED SINGLE LIMIT S ■ ANY AUTO S hoduled 1 j (Ea accident) 11 C 0�10 Auto� 1 BODILY INJURY (Per rorsonI $ ALL OWNED Mon-owned DOES NOT APPLY E BODILY INJURY (P.r acefront) IS AUTO$ AJdA` Hired Autos PROPERTY DAMAGE $ (ParaCcideon 'F 5_C_H_0`C_CU_RR_E_14CQ UMBRELLA LINO OCCUR DOES NOT APPLY EXCES I CLAIMS-MADE AGGREGATE 0 H DED RETENTION $ WORKERS COMPENSATION tAIC STATU- OTH, AND EMPLOYERS' TORYLIMILS ER LIABILITY YIN I EL EACH ACCIDENT ANY PROPPIETOMPARTNERIBXECUTII WA I DOES NOT APPLY E1,OlSeASr - FA EMPUMITE OFFICERIMEMBER SXCLUDEQ7 L�j I SE-POLICYLIMIT I$ 2,000,000 each ocaurrence 014IJ A PROFESSIONAL LIABILITY :0204�62598 7/30/20 7/3012015 1 2,000,000 aggregate Lol DESCRIPTION OF OPERATIONS [LOCATIONS I VEHICLES (Attach ACORD 101, AdditionahRemarks Schedule, If Mora space Is requirecto 10 Re: On-Call Landscape Architectural Services 0 -CERTIFICATE HOLDER CANCELLATION City of Santa Ana !SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 111I THE] Public Works Agency M-36 !EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Attn: Mindy Ly ITHE POLICY PROVISIONS, P,O' Box 1988 Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE LEATZOW INSURANCE 0 19884010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010(05) The ACCORD name and logo are registered marks of ACORD r11anME• 1171797 VGRI VnndrAD ACORD- CERTIFICATE OF LIABILITY INSURANCE OATS0 YYI 8/11112120114 4 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 poilcy(les) 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 BB &T Insurance Services of Orange County 2400 Katella Avenue Ste 1100 Anaheim, CA 92806 IJ NAMEA T Terri Amsbury PAr " "c. "ri Ea: 714 941.2936 Arc Ne; 877-297.9259_ EMAIL tamsbu bbandt.com Aooftess: tamsbury@bbandt.com INSURER S,AFPORWNG CDV£RAGE O NAICp INSURER A: Sentinel Insurance Company, Ltd 11000 INSURED INSURERS: Hartford Accident & Indemnity 1 22357 Lynn Capouys Inc. 17992 Mitchell South, Suite 110 Irvine, CA 92614 INSURER C: PERSONAL &ADVEVA.IRY INSURER E: INSURER E: GENETR L AGOREGATE INSURER F: GEN'LAOOREGAMUMITAPPLIESPER: POLICY 28T L- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA LTR TYPE OF INSURANCE NOOL INSK SUB Wye POUCYNUMBER _ POLI EF jMMi0,01YYYY1 pOLICY3 p MWOONY LIMITS A OENEBALLIAMLITY X GDM MERDU GENERAL LIASIJTY DLAIM$idADE � OCCUR 72SBAKN6524 07/1012014 071101201 EACH OCCURRENCE $2000i ,0 00 p AMGGSTr NT I9 pL➢ ,le $1000000 MEDEXP n pne crson) $10,000 PERSONAL &ADVEVA.IRY _ s2000000 GENETR L AGOREGATE s4,000,000 GEN'LAOOREGAMUMITAPPLIESPER: POLICY 28T L- PRODUCTS- COMPRJPAOG $4,000,000 $ A AUTOMORILELUMMLITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X AUTOS WNED 72UECAH1867 07/20/2014 07/20/201 __ Eaa COMBINED IN�T s1,000,000 8001YINJURY(Perperspn) S BODiLYNJURYIPeraccMelA) $ pQOPr UPMAGE Ldeell $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMEiAADE 72SBAKN6524 07/ 10/2014 07/101201 EACH OCCURRENCE $1000000 AGGREGATE $1,000,000 DED I X RETENTION$10000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVEQ OFFICERIMEMBER E %CLUDEDR y IMandat.q In NH) IIye9. d..db.4edw DESCRIPTION OF OPERATIONS W. NIA 72WECRR0814 081'0112014 08/01/209, X WC STATU- OTH• EL.EACHACCIDENr $1000000 EL. DISEASE- EA EMPLOYEE $1000000 EL.DISEASE- POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATION$ I LOCATIONS /VEHICLES (Allech ACORO 101, Additional Remarks Schedule, if more space Is required) The City of Santa Ana, its officers, employees, agents, volunteers and representatives are added as Additional Insured per pages 10.97 of coverage form SS0008 0405 attached. Coverage is primaXpa dRar -LyvED A5 T® T ®RIO insurance maintained by the additional insured shall not contribute. HALL T 1111 SSIBI City f Santa A Public Works SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Agency M-36 ATTN: Marilyn Boothe ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1988 Santa Ana, CA 92792 AUTHORIZED REPRESSENTTATIVEt _ ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD W2806712/11,112683393 TLAMS N BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. a. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products-Completed Operations Hazard Included with the "products- completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business or which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": Page 10 of 24 Form SS 00 08 04 05 (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your A r ® business, or to your other h, c Irl "volunteer workers" while R c C= performing duties related to the > > conduct of your business; n 0 "-3 (b) To the spouse, child, parent, c H O brother or sister of that co- n "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your °'employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 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 this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for Its termination or upon the exhaustion of Its limits of insurance. 1 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; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of 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. Operator of 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 person(s) or organization(s) identified in Paragraphs a. through f, below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; Insured under this provision only for that (t) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or those of Its out of "your products' which are distributed employees or anyone else acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for 'bodily injury' or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products - completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or an ingredient Y , part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "properly in the product made intentionally injury", damage" or "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional Insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises in' (a) odii y B fu ry ", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "products - land or be a tenant in that completed operations hazard ". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition Is not an insured under Paragraphs a. operations performed by or on through e, above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, In whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard ". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 1=t1KI t*1.1LR _ .A1111rM&DOITcx -MCIAr. l (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurancs. How this insurance applies when other Insurance Is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a, or 2.1b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5, Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit': single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit'; and separately to each consecutive annual period and to (4) Assist us, upon our request, In the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other 1, Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non- contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence ", offense, claim or "suit" Is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (2) Notify us as soon as (4) Any five officer insurance practicable. managgerer, , if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The h) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of Insurance required by that taw. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages, 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form 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 insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under 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) Promises 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 A. — Coverages. (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 k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other Insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit 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 duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the Insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other Insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery if the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 0405 Page 17 of 24 BTO CERTIFICATE OF LIABILITY INSURANCE R045 DATE(MM/DD/YYYY) 8/6/2015 THIS CERTIFICATEIS 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 SUBROGATIONIS 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 BB &T INS SVCS OF CA INC /PHS /ORANGE CONTACT NAME: PHONE (ac,Ne,E�). (8 66) 967 -8730 FAX tac,No): (888) 443 -6112 ADDRESS: 180672 P: (866) 467 -8730 F: (888) 443 -6112 INSURERS) AFFORDING COVERAGE NAIL# PO BOX 33015 INSURER A: Sentinel Ins Co LTD SAN ANTONIO TX 78265 INSURED INSURERS: Hartford Accident & Indemnity Co INSURER C: INSURER D: LYNN CAPOUYA INC INSURER E'. $1, O 0 O I 000 17992 MITCHELL S STE 110 INSURER F: al Liab IRVINE CA 92614 UUVCKA"r_* 1 v.- ...- ......,.. — THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL JNSR SUBR III POLICYNUMBER POLICYEFF MAI/DD POLICYEXP LIMITS EACH OCCURRENCE s2 , 000, O O O COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occunenca) $1, O 0 O I 000 qXGener A al Liab 72 SBA KN6524 07/10/2015 07/10/2016 X MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY s2,000, 0 0 0 GENERAL AGGREGATE s4, 000, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT OTHER: PRODUCTS - COMPIOP AGG s4, 000, 0 0 0 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1, 0 0 0, 000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ B — ALL OWNED SCHEDULED AUTOS AUTOS `X HIRED AUTOS X NON -OWNED AUTOS 72 UEC AH1867 07/2C/2015 07/20/2016 PROPERTY DAMAGE (Per - den" $ S X UMBRELLA L(AB X OCCUR EACH OCCURRENCE $1 , 0 00 , 0 0 0 AGGREGATE $1, 000, 000 A EXCESS LAB CLAIMS -MADE 72 SBA KN6524 07/10/2015 07/10/2016 OEO X RETENTION 5 10 0 0 0 WORKERS COMPENSA 110N AND EMPLOYERS'LLIBILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? a (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A _ X STATUTE ER $ B 72 WEC RROB14 08/01/2015 08/01/2016 E.L. EACH ACCIDENT $1,000, O O O E.L. DISEASE -EA EMPLOYEE 1, 000, 000 E.L. DISEASE - POLICY LIMIT $1,000, 0 0 0 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Atlditlanal Remarks Schedule, may be attached if more space is required)"'" vy "` „ Those usual to the Insured's Operations. Jose , ty ttoill ' 1 C AsSis wT •I CERTIFICATE HOLDER The City Of Santa Ana, officers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE Employees, Agents, Volunteers and DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Representatives AUTHORIZED REPRESENTATIVE 20 CIVIC CENTER PLZ / ,& . SANTA ANA, CA 92701 O 1988 -2014 ACORD CORPORATION. All rights rt ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Sentinel Insurance Co. LTD This endorsement modifies such insurance as is afforded by the provisions of Policy # 72SBAKN6524 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective _07/10/15 , this endorsement form as a part of Policy # — 72SBAKN6524 Issued to Lynn Capouya Inc. Named Insur Countersigned by u rite epresentative AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page_ of AGENCY NAMED INSURED BB &T INS SVCS OF CA INC /PHS /ORANGE LYNN CAPOUYA INC POLICY NUMBER SEE ACORD 25 17992 MITCHELL S STE 110 IRVINE CA 92614 CARRIER NAIC CODE EFFECTIVEDATE: SEE ACORD 25 SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILI'T'Y INSURANCE Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. Coverage is primary and non - contributory per the Business Liability Coverage Form SS0008 attached to this policy. Notice of cancellation will be provided in accordance with Form SS1223 attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. -4 Amon 1 rie ALIUMV name dnu wyv dic .cyia«. `v ..... ....... ..__ BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers ". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products- Completed Operations Hazard Included with the "products- completed operations hazard ". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO 1S AN INSURED If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders, Page 110 of 24 Lynn Capouya Inc. Policy # 72SBAKN6524 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees ", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker "), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 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 this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon 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; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of 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. S. Operator of 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. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; (f) Demonstration, installation, insured under this provision only for that period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage.Part, or sale by you, have been labeled including all persons or organizations added or relabeled used a as additional insureds under the specific container, part or r i ngredient o of f any other thing or substance by or for additional insured coverage grants in Section the vendor; or F. — Optional Additional Insured Coverages. a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs (d) or (f); or "properly damage" included within the "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b, Lessors Of Equipment of the contract or agreement; (bj Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) 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. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) 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: (a) In connection with your premises; or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to 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: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) 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. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard ". f. Any Other Party (1) 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: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard ", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (Ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". (2) 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: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surreys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General 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. D. LIABILITY AND MEDICAL EXPENSES 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. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard" is the Products - Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations, This General Aggregate Limit applies separately to each of your 'locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right -of -way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage 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. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance. specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit ", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit "; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit ". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3, above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit "; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a paymentt, , assume GENERAL CONDITIONS any obligation, or incur any expense, other 1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non - contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence ", offense, claim or "suit" is "occurrence" or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable, manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: 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 Form 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 insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under 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 A. — Coverages. (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 k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit-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 duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM 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 the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) if the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 CERTIFICATE OF LIABILITY INSURANCE DATE 1 008/0412015 I 08(04/2015 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 Leatzow Insurance 500 W. Madison St. - Suite 3000 Chicago, IL 60661 CONTACT NAME Karen Bronson PHONE (312) 930 -5556 FAX (866) 741 -2778 EMAILADDRESS karen @leatzowinsurance.com INSURER(S) AFFORDING COVERAGE IC # INSURER A: New Hampshire Insurance Company 23841 INSURED Lynn Capouya, Inc. 17992 Mitchell South, #110 Irvine, CA 92614 INSURER B: POLICY EXP INSURER C: LTR INSURER D: INSR INSURER E: INSURER F: (MMfDDNYYY) envFannGS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MMfDDNYYY) (MMIDDIYYYY) GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED S COMMERCIAL GENERAL LIABILITY ❑ ❑ PREMISES (Ea occurrence) CLAIMS MADE 1:1 OCCUR MED EXP (Any one person) $ _ DOES NOT APPLY 1PERSONAL AND ADV INJURY $ GENERAL AGGREGATE $ i GEN'L AGGREGATE LIMITAPPLIES PER. PRODUCTS - COMPIOP AGG $ $ POLICY PROJECT LOC AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT (Ea accident) $ 4 ❑ANY AUTO Scheduled El ❑ 'son BODILY INJURY (Per person) $ Autos ALL OWNED ❑ Non -owned DOES NOT APPLY BODILY INJURY (Per accident) $ AUTOS Autos E] Hired Autos j PROPERTY DAMAGE (Per accident) $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE DOES NOT APPLY AGGREGATE $ DIED El RETENTION S IIII ! S l WORKERS COMPENSATION WC STATU TORY LIMITS OTH- O AND EMPLOYERS' LIABILITY YIIT E.L. EACH ACCIDENT $ "'—'- ANY PROPRIETOR/PARTNERlEXECUTIVE❑ DOES NOT APPLY _ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 7S c OFFICERIMFMBER EXCLUDED? 2,000,000 each occurrence A PROFESSIONAL LIABILITY 015622723 7/30/2015 7/30/2016 2,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is require VOW Re: On -Call Landscape Architectural Services CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOOE DESCRIBED POLICIES BE CANCELLED BEFORE THE Public Works Agency M -36 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Attn: Marilyn Boothe iTHE POLICY PROVISIONS. PO Box 1988 _ AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 n LEATZOW INSURANCE © 1988 -2010 ACURD cUKrUKA I IUN. AU rlgnrs reserved. ACORD 25 (2010105) The ACCORD name and logo are registered marks of ACORD