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HomeMy WebLinkAboutORANGE COUNTY CONTRACTORS SERVICES DBA ORANGE COUNTY MAILBOXES AND CONSTRUCTION 1 - 2010 ..~r~s~~a~lce e3~ ~rE~. ~~Y I}~oCte~n N-2010-037 kJNTIL [NS~~RRNGE €XFIRES G_~o-~o CLERK OF CQUNCII. D~l~E~ ~ ; p WA~C AGREEMENT TO PROVIDE GENERAL MAINTENANCE SERVICES Pedro Gu~1~e~n THIS AGREEMENT, made and entered into this 12th day of April, 2010 by and between Orange County Contractors Services DBA Orange County Mailboxes and Construction, a sole ownership entity, (hereinafter "Contractor"j, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of general construction maintenance services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform general maintenance services for downtown Santa Ana, including bollard repair, pavement repair, electrical and plumbing work on a call-out basis, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. Services shall be charged on a time and material basis. The hourly rate of $52.00 shall cover costs, including labor, overhead, travel, mileage, incidental supplies, hardware, screws, bolts, welding material, paint, wires, disposal of material and concrete, etc. Special materials will be purchased by the Contractor only on authorization of the City Project Manager. Such special materials shall be charged at cost plus 10%. The total sum to be expended under this Agreement shall not exceed $25,000 per fiscal year, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2010, unless terminated earlier in accordance with Section 12, below. The term of this Agreement shall automatically renew for a one year period commencing July 1, 2010. At the expiration of the one year period, the term may be extended for up to two (2) additional twelve (12) month periods upon the agreement of the parties. 1 06114!2010 14:49 9492608080 _______ ZENZ INS PAGE 10 ?.`. i.iKyu IUbt34 PAGE. 3/ 3 ADDtTICNAL IN81.IR?D E,IyDORgLrME(VT FOR COMMERCIAL GENERAL LIAEILtTY PO?.ICY tt?suratlQS Company i-Ta>-tforK3 casualty Ins. co_ 7hls endorsamant tnodltfss st,rth Ins?+r7snca as Is aft4ardad Isy #? lyrovls8ons of Pfllley # _.__7 . G n ?z-»?p .`_ relating to the fottowfnp: ? • The City of Santa Ana, 20 Civlc Cant!!r Plaza. Same Ana. California 9Z7Qt; its of?oero, employees. agents, volunteers and reprensntatlvea are named as Additional insureds t"Additional insureda•?) with regard to liat>irrty and defense of suits ecrieing from th4 operetiena and uses performed by or on behalf of the named insured. ?• Wkh respect to claims arising cut of the operaXians and uses per[onnad by car on b?ehal[ of the named insured, (such insurance era is afforded by this policy is primary and is nCt additional to ar cantrHauting with any other insurance carried by or far the benefit of the atltlitional insurods. 3. This insurance apRlieo separately to rich insured al7ainst whom daim is made or suit is brought except with respect to the Company's limits of liability. The inciusian of any person or organization aS an insured shat! not a1'fsct any rlyh! which such person or or+Qanizatlvn would have as a claimant if not so inCludad. '`• With restaect to the addttionsl inauretls, this insurance shall not be cancelled, or materlaiy reduced in Coverage yr limits axeeapt altar thirty (30) days written notice has been 9?n to the City of Santa Ana, 20 Civ11C Center Plaza, Santa Ana, California 92701. = (Compietiott ?aTtl+e following, including countanigrtature, !t required to make this •ndoreetnant sfyecdvs.) Effective 6/181201,8 ,this endorsement form as a part o[ Policy # ?2 313A 1SI7220 _ lSSUad t0 <]r?_o ?a 4-v M?77vw_._oc ntcn ' Named insured CountorsiQned Dy A+itt rued Rvpracent3tive Pamela Dorn ? agent, EXFIIBIT D 06J14f2010 14:49 9492608090 _____ ZENZ INS PAGE 10 ----- ilayuiueflid PAGE- 3/ 3 AODITlClNAL IM3UFLt=D R;NDORSIMEIVT FOR GOiAMERGIAL GENERAL LJAEILfTY POWCY Ir?surwnce Golltipany Hartford casualty Iris. Co. 7hfs andiorsemant modlftas such Insi+rsncs efsc ie sffvrdad t+ll ttfe provisions of PvJlay * 72 GAn ?7-»?p relstlng t0 t1'rii foilowfRg: ? - The Clty of ;5anta Alfa, 20 Civle Canter Pkr2's, Same Ana. California 92T01; its oftiosra. amplayees, agents, volunteers and repreesntHtlves are Warned ss sdditionaJ insurectc ("sdditional inaureds•') with reparei to tiabiRty and defences of suits ,prising from the operetiona and uses performed by or on behalf of dfe named insured. ?- WKh respect to clalmn arising out of the vperetions and uses performed by ar on behalf aF the Hamad insured, such inaurenee as is afforded by this policy is pnmsry and is not eddit?nal to ar contributing with alrty ocher insurance carried by or for the 13anefit of the additional insureds. 3. This in aurance apl7liss separately to each insured against whom clair» is made or s?,ik is brawght excaept with respect to the Company's limits of liebJllty. Tlfe lnciusion of any parson or organisation as an irfsured shat! not affect any rlph! wh!eh such person or organizatlpn would have as a claimant if not sa inGuded. ?• With respect to the edditlonsl insureds, this ineurance sha11 not be cancelled, or materially reduced In Coverage or limits except after thirty (30) days written notice has been given to the Gi:ty of Santa Ana, 2t7 ciVlc Center Plaza, Santa Ana, Californ!a t#2701 . = (Cornpistlon of;heloilowing, includlrfg countarsignatura, !tt requ{red to meke this endorsement sfYictlve.) Effettiye 6/7 8/207 O ,this endorsement form as a part of PO{icy # SHA 220 IgSUCS! tC _ C]t'?a? C'm ?tv Mai 11?v..rdc= A? i 77?rnr.?o. Named insured Countarsipned Dy Ace r zed Representative Pamela Dorn ? agarxt EXFIIBIT D 4. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor'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. 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. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: 2 (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor 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 death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 3 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Public Works Agency -Maintenance Services City of Santa Ana 220 South Daisy Ave. (M-85) Santa Ana, California 92703 Fax 714- 647-3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Edward Schade Orange County Mailboxes and Construction 18100 Kovacs Lane, Unit 27 Huntington Beach, California 92648 Fax: 714-907-0644 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 telefacsimile, 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. 4 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 contractors retained by City. 12. TERMINATION a. This Agreement may be terminated by the City upon sixty (60) days written notice of termination. However, the City reserves the right to terminate this Agreement for cause immediately. Additionally, if Contractor fails to meet the specifications of this Agreement for a period of fifteen (15) cumulative days, the City may terminate the balance of this Agreement by written notice of termination to the Contractor, which notice shall be effective 15 days after mailing. b. Contractor may upon sixty (60) days written notice, request termination when conditions during the Agreement term make it impossible or impractical to proceed or when prevented from proceeding by act of God, by law or official action of a public authority. 13. DISCRIMINATION Contractor 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. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION -VENUE This Agreement 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. 5 15. PROFESSIONAL LICENSES Contractor 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D, fi'JIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney f By:; 2Gt ~~~t1"~ La ra Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONTRACTOR ~ - , CYNTHIA NELSON EDWARD SCHADE Deputy City Manager for Owner Development Services TaxpayerlD# .11 °.fi~'U72~? 6 REQUEST FOR PROPOSAL SCOPE OF WORK The City of Santa Ana is seeking proposals from qualified firms for Downtown Santa Ana General Maintenance Services. The annual contract budget is for a maximum of $25,000.00 and will operate on a call-out basis. Work locations shall indude City-owned right of way and buildings in the general Downtown Santa Ana area and at six (6) City owned surface parking kits within two (2) miles of the Downtown area. As determined necessary by the City General Maintenance Services may include installation, repair and/or maintenance services of the following items, but are not limited to: • Bollards Building Maintenance • Concrete Work • Electrical -Miscellaneous • Irrigation Plumbing • Metal Directory Signs • Metal Tree Grates • Planters • Street Purniiure (iron trash receptacles, benches, • Surface Parking Lots -Six {6) bicycle racks) • Welding Bi-monthly Routine Inspection of Downtown/Lots All installation, repair and/or maintenance shall conform to Standard Specifications for Public Works Construction {SSPWC) or as determined acceptable by the City. '"See Typicei Maintenance Repair Items MINIMUM REQUIREMENTS Contractor minimum qualification criteria include, but are not limited, to the following: 1. Vendor(s) shall be in the business of providing fulitime general contractor maintenance services for municipalities, commercial properties or similar for at least three (3) years; 2. Shall possess all permits, Cily and Slate licenses and credentials required for a General Contractor (CSLB - B Contractor License required) to perform general maintenance services; 3. Shall furnish the necessary personnel, equipment, cleaning materials and supplies necessary for maintenance and repairs. I. CONTRACTOR'S RESPONSIBILITIES A. Work Assignments 1. The Contractor shall receive work orders from the City Project Manager (CPM) or designee via phone, electronic mall or facsimile, as agreed upon by the CPM. 2. Upon receipt of a work order, the Contractor shall inspect the location and determine the method of service. 3. The Contractor shall contact the CPM or designee within twenty-four (24) hours of issuance of wort orders to schedule the work. In the event that a work order cannot be initiated within twenty-four (24) hours due to inclement weather or any other reason, the Contractor shall notify the CPM or designee as soon as possible in order to reschedule the work. 4. The CPM may designate sites as needing an emergency response dependant on the severity of the issue. An emergency work order will be issued immediately. Emergency response sites will have first priority. 5. The Contractor shall deliver completed work orders to the CPM or designee via electronic mail, facsimile, mail or in person on or prior to the first working day of the month following the assignment of the work order. Accommodations for special protects may be made. Exhibit A 8 B. Description of Work 1. The Contractor shall provide and ensure protection of the work arm and surfaces at all times including, but not limited to: a. Barricading area for work performed within the public right-of-way. b. Using warning signs and sidewalk and street cones to inform the public of work being conducted. c. Immediately correcting damages to the work site. d. Leaving work In undamaged condition. e. Providing signs to protect the finishes and the public. 2. The Contractor shall remove all equipment and materials from each site and leave the site broom cleaned at the end of each workday. 3. The Contractor shall dispose of all materials in accordance with all applicable laws, regulations. ordinances, codes and any other legislative or statutory requirements. Material rinse residue shall be collected and disposed of appropriately. 4. The City will conduct a quarterly review of contract performance for the first term of the contract, at a minimum. Modifications to the Scope of Work agreed upon by the City and the Contractor may be made following the quarterly review. 5. The Contractor shall produce photographs of the location before work is performed and after work has been completed. C. Personnel 1. Contractor shall make the designated representative available to accompany the City Representative to inspect sites and/or work upon twenty-four (24) hours notice. 2. The Contractor shall utilize only trained, competent employees in the performance of this contract. At the request of the City, the Contractor shall remove from assignment to this contract any incompetent, abusive or disorderly employee, whether supervisory or non•supervisory. 3. The Contractor's crews shall be in possession of a copy of the resulting contract in the performance of work at all times. 4. Any person assigned to this contract found to be in possession of and/or under the influence of intoxicants or narcotics shall be removed from assignment to ibis contract. This person may be subject to arrest and criminal prosecution. D. Equipment 1. The Contractw's vehicles and equipment shall be neat in appearance, free of graffiti, easily identifiable and comply with Subsection 7-1 of the SSPWC. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, materials, supplies (including hardware-screws, bolts, incidental supplies, etc} and equipment necessary to perform services. 4. The City has the option to purchase and provide materials, such as but not limited to street furniture, grates, planters, bollards, etc. E. Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under this contract in strict observance of and compliance with all applicable traffic and safety laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safely and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. Exhibit A -Continued 9 ~ . F. Working Day The Contractor shall conform to Subsection 6-7.2 of the SSPWC. The Contractor activities shall be confined to the hours from 7:00 a.m. to 3:30 p.m., Monday through Friday. Deviation from these hours will not be permitted without the prior consent of the CPM or designee, except in emergencies in involving immediate hazard to persons or properly. G. Inspections The City shall have the right to inspect any work performed to ensure that the work is being and has been perfom~ied in accordance with the applicable federal, state and/or bcal requirements and this agreement. All work found in such inspections not to conform to the applicable requirements shad be corrected by the Contractor and the City shall have the right to withhold payment to the Contractor until the work is corrected. H. Protection of the Public and Damages to Existing Structures 1. The Contractor shall exercise caution at all times for the protection of persons and property. All fines, penalties and/or repair charges resufiing from the Contractor's actions shall be the sole responsibility of the Contractor. 2. The Contractor shall not permit plating or use equipment in such a manner as to block vehicle traffic lanes or create safety hazards. The Contractor shall be responsible for the use of all appropriate warning traffic safety devices. 3. Methods proposed by the Contractor and approved by the City shall not harm, deface or damage the item being servic~l or the surroundings. In the event chat a structure is damaged in the course of work, the Contractor shall be solely responsible for its repair or replacement. 4. Closing off completely of sidewalks shall be avoided, unless necessary to complete work. I. Invoices 1. All invoices for work performed under this contract shall be submitted electronically in an Excel 2003 format or other format approved by the CPM. 2. The Contractor shall submit a monthly invoice by the 15'" of the month to the City for the services rendered in the prior month. 3. The invoice shall include the following: a. Contractor's invoice number b. Agreement number (provided by City) c. Work order number (provided by City) d. Work site address/iocation e. Before and after photographs f. Beginning and ending dates for services g. Unit cost, subtotals and total for invoice Exhibit A - Continued 10 F 02/19/2010 11; 09 989260#3080 7>=.NZ INS PAGE: 02 f'ollay Number: Daio {;ntered: 2/14/20x0 ~-p,~ C:ERTI~IG`~Afi{~ ~t~ LIA~tLt`1`Y I~1~U~A~~~?E aA,xif,~wr»I z/zo/zaao~ pR1faUCRR fltax7iN !i. SSi1T. xNgilRTiiCB 7fCfENCY, ItiC. THIS G@RTlFSGA1 1& ISOUEIa !~8 A hfI1771afl 01° INFQftMA7IgN 4004 b:txun stzaair Nita ONLY A1lp Ct~NP~R8 N(3 Nt;;NT& UrON '1'!•EE Gf?RT1fI~ATE ttn?gsnst ~oaoh, Ch 02060 HO DI.'R. THIS ar_f#TINICA'i~ l~as5s Nt~T aye o t;xTEHi? 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J~aR ailre rllefi¢oi, 1RS IaSINKU IN9UR4R 4NLL pl(oEaYOR TO tltL ~I7p nnYB YlRfrTLH Yulrl3q HOOke llq~fl4y tf4TIC8 r0 Irle aliltilF#CJkYk HDLaER NANlO To TtIE idFr, pVf FA11UIlL r0 as 50 91LltL tat) a bni~y >lvantiro UMV$e FN OetleArjtp} LWaaUrY aP NN fU •il tl! t13URiJ+, iT9 naF+frb Ah 6i<,akra Jinn, Rh A27A2 fVPlilb~}irA nt„Iwnlccon ate a:! --T---- CORq 26 tZ00fl411) • - 6k AtaOFtb IiPORJ1TI0N-1088 i I i 06/14/2010 14:49 9492609060 ZENZ INS ACOR??, CERTIFICATE pF LIABILITY INSURANCE ,ObL10PJa HRIAIQ H. EEfiZ IZ46IIyagQ ?l0=NC)[? ]27C. 4000 Hirch Street #115 TH>$ CERTIFICATE 18 RSSUI xe orC Haach. ONLY ANp ("(jNF?B NQ °rp CA 97 660-7211 wnl nco n,a (949)833-1541 72_180'797 Orange Coon ty Hai lLpacaa I?1C)a Ppp Mailboxsa 18100 8ovaa Drives M77 Hunting toe Beach, Cll 92648 INSURERS AFFORbINO COVERAGE THE ?OLICIE6 OF INSVRANCE L)BTED BELOW HAVE BEEN N' zo10- 03-1 PAGE 09 ua[e cn[ereD; 6/14/7 DlU MT! IMM?owYTY.? 6/1;/2010 NAIC # - -• • • ?- •^ - _•? =•vw vec L:uMO1T10 h1AY PERTMN, THE INSURANCE AFFORD N OF AMY CONT - ' ? '-' ..c ''`+^ ' ^? wa-ICr PERIOD INDICATED. NOTWITHSTANDING ED BY T7iE POLIC ES DESCRI PlN E I POLIC)ES_ AGGREGATE LIMffS SHOWN M i BED HER 13 8 B ECT TO L THE TE RMSTEXGLU6H]N9AHD CONpIT10NS O SUCH AY HAVE BEEN REDUCE[? gY PAIO CLAIMS TR ., rd.JCY a1a®eR f.FAC7NE POL/41' T1DR ?-?? GpaEIIAL LWft-RY I-a?kTg A COMNBRCIAL GEH6Pga LIAa1L[IY 73 $H}a 'J-`?7,?10 ?'H????E i1. 000,000. 6/18/7010 6/18/7011 CLAMS MADE ®OGCIAt PREM g = 70D,000_ uec ExP IAA's o,w a?.,*dq s 1 O, 0 0 0. PE,?pPya,6wflv'WVRY iY. 00D, D00. GEN'(. AGGREGATE UMR APPLIES PEq; GF,InERAL AGGREGATE S = • DOO, 000. POLICY P LOC PROaVCTS-OOMPppAGG i 1.000, 000. Aa1 TDEiIp?LE L/AbA-[7Y A '?'?Y AITfO 77 SHA TL7'72'20 6/19/9010 6/18/7011 ?eo? ??LE LIYT s1, p00, 000. ALL OWNED AlItOS 9diEDLM.CD A[T[OS ; ? L SY??? RY s ? ` '•aRED ALIrOq'. ? P ?- NoNdIn,NEOwurOg eoaLYw?uRY T"r1 IPK AGUCVY) ?? } C OV D ?'S 'I'fs t'OKM ?? ?? a•+AGE ? 1 OA S ?? `? ANY AVTO ALn'O ONLY - EA NCO 7 \. . O'TT1ER THAN EI. ACL - -it AUTO ONLY: ? RCiBLIa? ?µ aJAY1LITY OCCUR n cLwllusal .assist nt City A nett eACl+oeeuRRENCE n W ' AOE AGOReOATe /-- ,? OFOVC[78LE S ._. RE'[ENT7 i 0N S --?? - 1N6RN&RY OOeWa18AT10i11 AND f11?LAYiIIi "ar ,ev r H ANY VnOPR1ETOwPwzn?yp?NE M EM9ER 0[GtVCEO't 1917'267. 1/1/7010 1/1/2011 iLL_ EAG+A•OCX]ENT _ = r , OD -. }m ? E.L. OISGASE-EA EMPLOYEE i ? 00.000. SPGOIAL ¦ROV1510K1 ONOr OTHNA EL DISEASE. POl1Gl'UNR i1,O OOO. p???p C AODEn aY ERDON9MN"NTI??^?a. ?RONLIONe ai0 aZayH aoc??c?aT a 110/ ror?n as o PP paymea. Tba City of Santa Ana, J0 Civie Canter Dlaas, Santa use, Cali=oraia 92701, ita officers, es?leyesa. syanta, volnntaara a reprea entatives era named ae additional insiareda including all your raquirleents outlined oa pour sadors4maat •aaclaibit D• per campaay to rm SS00080405. T1za C32y of 8aata a>1a 20 Civic Canter v1aEa #a?ata ann. Ca 97701 BHOYLO AYn Of THE I100Vi DisG[!fO rOLIC[0 8! C/111QLLE0 AE?OnE TiIG EXPIMTIDM owrN TlaReor, THE IeasAra Nrul[e,a ewy ?I?o?v61E ?+o wu? 9 p e wv9 vHUTreN ??uo.??z//e??ro THe DeRnnowTN Hoak__JJ LrLw((wo wlrlH?e,La?rLr.ld?,fr,/r?fdufi{#e'lld?rb//m'G,?GL 11aT1?3i?JV??T'w/A?1?yw?a? ?[?? ? p?i/OR ® ACOIj c r ~ 03/1 Sl~2610 ~ 10 80 ~~9 ~~2 ~0~808~AIEB ZENZ INS PAGE 03 71G3071i644 PAGE. 2/ 2 ~fyc~7tow~~ ttusuRll=.11~ f~ltl, l1mi~lti~r cotl~lfeflxctru. CsfEf~ll''tAfL uAbra~ Pouch 1nu?tiRcR C~rtrpanY fard ua tv rn This eetdAr+sertrarrt mOdM~s att~t~it insursrtra as is allbedad btr fha provfslans of Pa~ttoy ;7.Z5~~IIZ2~.__. rrrtttting to tRe fdlowlnp: ~ . 'rte ~ ~ Seta Agra, ZO GNa Gagster Fgisa, Berate AnN, Clifarnis $~70 f ; its at'rgcara, ~PleYe~. a4aastnb, volunt~e+ars and reptasemtatitrest pr8 npmsd ~ stdditiottal lrriuredi ('acNlitiortri Msureds"j with reptrrd t4 liability and dartlsnare of suns arising frarst ifM a~paratlor~ and uses psrldDrr»ad by ar aq l~ehalii ot'tha names irsafarod. tllfkh rpspaet to Claims arising dut of tttae opsKSStfons pnd uatos perfomnd by or on behalf of the naan~ insured, sWCh insuran~a tAS !s atTordad by atlas ~olioy is prlrrtsry and is not ad4ifiortial to or carrtrif:uting Watt any ottillr insursnee tsirrtad by ar f4r the bsrwfrt at the adcliti0nal insurodi. Thi>x Intlanartca applies S6paarataly to each inwred agttihsi wham dlatim is made or wit iR brought ar>u~pt with neiQatt to the competny's limits of lietyitity. The inclusion of any persio~tr or Orgar>lzaf~f as rrrt iri9ut~ed s1haR nvt aRad any which suQFa person ar organizatian would have as a dairrtarst K not so tnaMlua~ld- 4. With raspeCt b the add~iw~af irtdwrods, this irtsurartcas+ ahali nDt be orana;etled, or rnarterlttfly nrduCed In adt+er$ye at llsNm efroept alter thirty {3p) dtrys wtitteta noGoa t'~as bea;Irs ~fven to the Gityt of Sarno Ana. 2t? Clvlc Center Plaza, Barite Arta, Cali!`wni* 81'70f. (Completion of tlts folbWirsg, irtcludinQ cour,tora;prdrtur+e~ is roquireai to mrlke this artdoraett>.nt eft4Ctivaj Ef'feotlve 3 1$j~Q_ ~ ,this anafontameM form eat at part of POACy N lssUad fl~neia t"r¦m_ ~r r_Aai llr»eiaa A7C NarrtOd ins Countersidrred by 1Su ri=ad f~apresantativa Pamela bcQrs, agent EXHIBIT d N - Zo ? o - 0 3'fi 02f11/2F311 10:29 9492508080 ZENZ INS PAGE 02 e..d,-.. u.,...n? -is .v ?sssn Ueda Enlarad: 1/19J2011 '°`?'?°!? CEFtTIPiCATE OF LIABILITY IN:3UFtANCE o.YE paaPOrYYYr1 2/11,2Di1 TH16 CERTIFIC-ATE IS 18SUED AS A MATTER OF INRORMATION ONLY AND CONFCl4S NO R1C;iFfTA UiION THE CERTIFICATE MOLDER. THIS GERTIFiCATG DOES NOT A!°RIRMAT{YELY pR NEGATMELY AM?EF1Dr E7t'TEND OR ALTER THE COVERAtiB APFORDEG 8K THE P'PLICIEB ®ELOW.. PHIS CERTIFICATE QF !N$URJtNCE. DOES NOT CONSTITUTE A CONTRACT BETWSEN THE i83U1N[S INBURE?a(8), AlJ'I'MOR62EG REPRESENTATIVE OR ARODiJGER. ANO THE CiRT1!*N:ATE FIOLDER. NiIPORTANT: K Ma arYITaatY holder Is an ADDITIONAL INSIlRE0. tlls pYt1Yy(laa) moat tla: tmltloraod. If StfB2rdOt3ATtON ? YVAIVCD, oubJact tY tM tHrllla and o?tla? W tlla polky, oHrHdn polldaa may req+airs an endoraernart A atitMRaRt w+ thlP pelMcaM dots mot cwafN rf17tit+ tD ttla CaltiHCab hOFdar In IiaY of aYrSM YndolHanra a vfeao?aa H.eTala S.. EiWE IN$IIat7WC? wSacHIC2, >ZO<C_ - velewc (949) 833-1531 w.. (439) 2_60-4080 4000 H1reh $tJ:'a?+t: x115 ? Pass! taraaassaaur:noa ? dom Jaawport 9?Ya4>s, CA 42660 nevoRHH/H ! N?IC r _ w-SEtY?'.RKG R?w??l tai TAIIiY. ??fO? C.01?1? yam' 1MaYNHa ?Sin9? t`GLIO r j 1?R1 a 1? P i :.. Ed i?t,^m KX ?fC= R r A1 8E8 18100 ICovac Drive 827 s: Huntingtoa >loacta, ra 42638 r-r?lsat=ref ?w?erlsu-A? ra waFw• ?savasatow w.ss?s: THIS IS TO CERTIFY THAT THE. POLIGIP..3 pF IN8URANGE LISTED 9ELOW HAVE OEBN 183UED TO THE INBURED NAMED ABOV! FOR THE PL7LIC7 P?IOtl IraDICAT€D. NOTYYITH$TANtliN6 ANY REOUIREMGHT, TERM OR GONDff10N Ov ANY CONTRACT OR pTH£R DOCUMENT 1MTH RESPECT TO Nh/ICH THIS CHRTIVICAYL MAY BE 168UED OR ?MY PERTAtlV, THE !H$URANCE AFFORDED BY Tfie VOLIGi£8 D£SCRIliEO HEREIN 6 SUaJeCT TO ALL THE TERMS. EXCLU914NS AND GONOITON3 pr SUCH POLICIES. LMSIT$ SHMNN MAY HAVE BEGN REDUCED BY PAID CLAIMS. r w ?Te6 av HIHIIH/N06f rover i LnHY 9 4wau?. usr ••? ? FACH OCCIJRHENC6 sl, 004. 000 _ . A cala.IeRCa+i oeNeww?LUHarrY 72 38A T[77220 fee/aoia ' af>•e/zoaa i vReselsattsn s 300,000. eans+IH.w(oe ? ocowa ? w+ea e>? (wrh. ana psrx.na s 1 O , 000 , -. ?veJaaowri nw svJrJRV si , D O O ,000 _ ? YeeER11t 11OGREOr? 2 OOO,p00- i . l?Ni A6OwEt1/1"1E u.rr.?vuHS velc vrooouarH-Gas?.GW AGG s2 , 006, 000 . _. voucY PR°' ; ?y,a..o.?:uwwar.?. { { i, 000 , oo a , A ANY AIITD I 7'2 SBA T[7"723a ?f1Hf2ala /a9fa011 eapLYlN.gA['.'(?psv.) _ 3 ? ?U-® ? H<101LY INJURY APY 4moIW.t) i H!R®AUTOa ? ? 1 3 s ' i. Yrl?_ 1.1/1a pGCUR l.+rGH OCCLAiwENCE Y _ ?? ecam wa _ ttAMe_svne tocweaA'rE 13 _, • __ s i Irelalnsa a?aHawaArw ' wwe uwaamY ''"?PwOP?ra~P?'"I? Y? 1917261 faafaoil '. /13fzaa2 ? H,?. vwcH w.ccloelrr - si, 000, 000_ H °?? r.?iap ° wtA I ? EL OIPe?ue -wx ervLDrES ai . 0 0O a 000 . n ?? E_vOLSY i,ooo,ooa. oFaown•nox aro?vA,wrH:LOaA ,.reoczH. rwH.r.weWb 10? wsaHS.r ?aswa?ww s..e..v?. r...ntr.O ?:Ij AS TQ FOI2N1 ? ^ ?+ + vHa 10 day notiw agpliq los non=paymmG a p - /. _ ?/ rti?icat-a held?r is additional insured prr cry term $$00060405 jy-.... ' Z Q ? _ evS .Q ?- Lc?L?Y ?'? aura Stilt eedy ? Assistant City Attorney C.i tY ? Hamra was 'JHOU.LD ANY OF TNe ASOVH 06$CIHYGa POLJQE.a 8H cwNeaLLeD aBORi R£OF. IsOR1GE 11111LL as. oaL/rEwsta w Huniic woslca ?'+Qf 4G00RDA110E T11E R04iG. aa0 H DaiaY wwaas? 11-95 Haas Ao?, G P27a2 nyE ?? _ - a l•JOa?4YlY aLLRL 4LRirVAI?. RlA. I'Y1 rlyllW rv?r? ACORG 4b (2810/061 T'ho A?OiiC mama aYd bye an eYy?bsrYd marks of ACOfiA vrm.esa ...:.y Fvm. 9w. PYq .ore.rY...wrcFvnaasw.mn M Prb?Yq,q H?-?W-4Y?+ ...