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HomeMy WebLinkAboutGILBANE BUILDING COMPANY 2-2011IitioURANCE ON FILE - , N-2011-060 rirORK MAY PROCEED UNTIL INSURANCE EXPIRES.' to - ? G // _ CLERK OF COUNCIL AGREEMENT INCORPORATING DATE: MA? ? ?.? 201, BLOCK GRANT REQUIREMENTS BETWEEN ?. C L? r? THE CITY OF SANTA ANA AND ?QreY\ ?=tGr'a? C GILBANE BUILDING COMPANY REGARDING VALUE ENGINEERING OF COMMUNITY CENTER This Agreement Incorporating Block Grant Requirements Between the City of Santa Ana and Gilbane Building Company Regarding Value Engineering of Community Center ("Agreement") is made this 1't day of Ac??l 2011, by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and Gilbane Building Company ("Contractor"), (collectively, "Parties"; individual]y "Party"). RECITALS A. The Santa Ana Unified School District ("SAUSD") is designing and constructing multiple improvements at its Gazfield Elementary School site ("Project"). The Project includes atwo-story building that is intended to be used as amultiple-purpose building and community center ("MPR/CC"). B. SAUSD issued a Request for Proposals ("RFP") for a competitive bidding process to hire a contractor to perform certain services including preparation of a construction cost estimate and preparation of a value engineering proposal for the construction of the MPR/CC ("Engineering Services"). Contractor was chosen through this competitive process after submitting its Proposal and being interviewed and evaluated as the most experienced candidate for the job, through a fair, competitive selection process consistent with Government Code section 4529.12 and consistent with the federal rules of procurement. C. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Contractor for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG Reg's"), to pay for the initial Engineering Services pertaining to the MPR/CC. D. The Parties intend to later negotiate an agreement to fund the remaining construction of the MPR/CC that will be approved separately from this Agreement ("Construction Agreement"). 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 Work/Term. A. The Contractor shall provide the project management and engineering services as outlined in the attached Scope of Services dated March 10, 2011, attached hereto and incorporated herein as Exhibit A. B. The services shall be provided by Contractor as of the date first stated above, and complete on or before ,20 2. Compensation . A. The City shall pay for the initial cost to manage and value engineer the MPR/CC for a not to exceed figure of Twenty-Five Thousand Dollars ($25,000). The City shall make payment within thirty (30) days following receipt of a proper invoice evidencing the work performed. B. The Contractor has agreed to sepazately invoice for its work efforts for the MPR/CC so that the Parties can determine the cost of those efforts as part of the value engineering of the Project. 3. 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 anemployer-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. 4. Termination. A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Contractor shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Contractor of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Contractor shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Contractor defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Contractor, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 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, agents, volunteers, and employees 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. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, 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 Contactor 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: (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 cancelled 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, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief aiising out of claims for personal injury, including health, 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, regazding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights azises 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. Contractor's Obligations. A. No Conflict. To the best of Contractor's knowledge, Contractor's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Contractor is a party or by which it is bound. B. No Bankruptcy. Contractor is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Contractor is not the subject of a current or threatened litigation that would or may materially affect Contractor's performance under this Agreement. Contractor further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Contractor is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Contractor agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Contractor shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Contractor's operations hereunder. F. Audit Report Requirements. Contractor agrees that if Contractor receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, Contractor shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Contractor shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Contractor shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Contractor's activities and performance, to books, documents and papers, and the right to examine records of Contractor's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but aze not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder aze conducted or in which any of the records of Contractor aze kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Contractor and all documents related to this Agreement shall be maintained and kept available at Contractor's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of the Project in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or <b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the five (5) yeazs until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Contractor does not make the above- referenced documents available within the city of Santa Ana, California, Contractor agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Contractor shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Contractor shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Contractor, costs incurred and services rendered hereunder. K. Lobbying. Contractor certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awazding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall sign a certification to that effect in a form as set forth in Exhibit B attached hereto and by this reference incorporated herein. Contractor shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of City to pay any sums to Contractor under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 4 cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Contractor agrees that except for the use of funds to pay salazies and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from aCity-assisted activity of Contractor, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the Contractor. M. Drug Free Workplace. Contractor certifies that it has established the following drug-free workplace policy: 1 . The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Contractor will be required to: a) Abide by the terms above in statement 1 . b) Notify appropriate officials of Contractor and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Contractor agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Contractor agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Contractor. Further, any conflict or potential conflict of interest of any officer of Contractor shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Contractor to City regazding any changes or modifications to its boazd of directors and list of officers. P. Conflict of Interest/Prohibition of Nepotism. The Parties shall ensure compliance with all applicable conflict of interest laws including, without limitation, the Fair Political Practices Act and Government Code section 1090, et seq. Contractor agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Contractor. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, 5 nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. Assi¢nability. None of the duties of, or work to be performed by, Contractor under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Contractor must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Contractor pursuant to this Agreement. 9. Successors and Assigns. This Agreement shall bind the successors and assigns of the Parties hereto. 10. Further Assurances. Each Party to this Agreement shall at its own expense perform all acts and execute all documents and instruments that may be necessary or convenient to carry out its obligations under this Agreement. 11. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 12. Notices. Any notices that either Party desires to or is required to give to the other Party or to any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy-two hours from the date of mailing, if mailed as provided in this paragraph. Gilbane Building Company City of Santa Ana 6265 Greenwich Dr., Ste. 103 20 Civic Center Plaza, M-25 San Diego, California 92122 P.O. Box 1988 Atm: Jennifer Farnham or Alex Alon Santa Ana, CA 92702 Attn: Interim Exec. Director 13. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, or an original, with all signatures appended together, shall be deemed a fully executed Agreement. 14. Interpretation. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either Party. 15. Severability. Should all or any portion of any provision of this Agreement be held unenforceable or invalid for any reason, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then the remaining portions or provisions shall be unaffected. 16. Governing Law. This Agreement shall be governed by the laws of the State of California and venue shall be in the appropriate Superior Court in Orange County, California. 17. Incorporation of Recitals and Exhibits. The Recitals and all Exhibits attached hereto, are hereby incorporated herein and made a part of this Agreement by this reference. 18. Captions. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 19. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. 20. Time of the Essence. Time is of the essence in the performance of each Party's respective obligations under this Agreement. 21. Parties to Bear Their Own Costs. Except as specifically set forth in this Agreement, the Parties shall each bear their own costs, including, without ]imitation, attorneys' and consultants' fees, incurred in connection with any 6 negotiations, strategic planning, analysis and due diligence relating to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: In ?v+R .l?-?7'?lJr?? MARIA_ D. HiJIZAR City Clerk CITY OF SANTA ANA ?? DAVID N. REAM City Manager APPROVED AS TO FORM: Joseph Straka Interim City Attorney BY c Lisa Storck Assistant City Attorney CONTRACTOR Gilbane Building Company By: John Keef Vice Presi en District Manager Tax ID# 7 Exhibit A Scope of Services City of Santa Ana Scope of Services -Revised 3/IO/II Please find below the proposed scope of services to be provided by Gilbane Building Company ("Contractor") during the Pre-Construction Phase for the City of Santa Ana Community Center located on SAUSD's Garfield Elementary School Campus. Gilbane Building Company ("Contractor") will perform these services in aLease-Leaseback capacity for the City of Santa Ana. All The Contractor's initial Work shall consist of its services in connection with the Pre-Construction Phase, and the development of a Guaranteed Maximum Price for Construction. All costs (material, labor, overhead, fees, contingencies, etc.) associated with Construction will be incorporated into the final GMAX and are not included as part of this proposal. Pre-Construction Services shall be parallel to and coincide with the Construction Document sub-phases of the Design Professional's Services. Project Management: Gilbane will provide typical project management services including but not limited to: attending meetings, creating and issuing meeting minutes, participating and assisting the Design Team and Owner with needed approvals for the project, assisting the Owner with Soft and Hard cost budgets and allocations, develop and maintain a master project schedule. Estimating: Gilbane shall perform a Program and Budget Verification with information presented by the City of Santa Ana and Santa Ana Unified School District. In addition, Gilbane will prepare this verification estimate in a format consistent with that used by Design Professional and Client, or in a format otherwise mutually agreed upon prior to the cost estimate preparation. Constructability /Value Engineering 8c Analysis: Constructability and Value Engineering is part of the broader goal of obtaining optimum value for each dollar the Client spends on the Project. Constructability and Value Engineer reviews will be presented to with the goal of defining options for the City that will maximize their budget. Cost of Services: $ 23.200.00 8 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; and the City of Santa Ana Community Redevelopment Agency, their officers, employees, agents and volunteers 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 canceled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the Community Development Agency of the City of Santa Ana, 20 Civic Center Plaza (M-25), Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by EXHIBIT B 9 Authorized Representative 1 ® ^CO'?° CERTIFICATE OF LIABILITY INSURANCE DAT E(MM/DDNYYY) D4/t62D„ 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 i k i h CONTACT NAME: Aon R Se rv s CeS Nort east, Inc. O FAX Providence RI Offi CP_ (866) 283-]122 (84]j 953-5390 (A/C. No. Exq: q/C. No. 100 Westml n5ter Street, 10Th FI OOr E-MAIL Providence Ri 02903-2393 u5A ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC p INSURED INSURER A: Li be rLy MULUaI Fl re Zns CO 23035 Gilbane Building Company INSURER B: Liberty Insurance CorporaLi on 42404 Seven ]aCksOn Walkway PrOVl denCe RI 029400000 USA INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 57004220'1687 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. Limits shown are as requested LTR TYPE OF INSURANCE INSR 1M/D POLICY NUMBER MMIDD/WW LIMIT S A GENERAL LIABILITY TB Tt L? EACH OGCURRE NGE $2 , OOO , OOO X COMMERCIAL GENERAL LIABILITY OV gpPR - - ?- PREMISES Ea occurrence $1 , 000 , 000 CLAIMS-MADE ? OCCUR '? L .. ' MEp EXP (Any one person) $lO, 000 / E STp CK PERSONALBADV INJURY $2,000,000 A ?`? it forney GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: t C y ?51St21rl l ?/ ?I PROpUCTS -COMP/OP AGG $4 , 000, 000 POLICY X PRO- X LOC A AUTOMOBILE LIABILITY AS - 11- O - COMBINED SINGLE LIMIT $1 000 000 Ea accitleni , , X ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCH EOULEO AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNEp PROPERTY pAMAGE AUTOS Par accitlanl A X UMBRELLA LIAB % OCCUR TL2 6112 5 90680$O 06/30/2010 06/30/2011 EACH OCCURRENCE $10,000,000 E%CESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION B WORKERS COMPENSATION AND WA761D259O68030 06 30 2010 06 30 2011 X WC STATU- OTH- EMPLOYERS' LIABILITY . TORY LIMITS ER ` / N ANY PROPRIETOR/PARTNER /EXEC VTIVE ? N OFFI ER/MEM ER EX D N / A E.L. EACH ACCIDENT $1, OOO, OOO C B CLU ED (Mantlalory in NHI It tl nb tl E.L. DISEASE-EA EMPLOYEE $l, 000, 000 yes esc e un er DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $l, 000, 000 DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES (Attach ACORD 101, Atlditional Remarks Schetlule, i1 more apace is requiretl) Pro? ect: Garfield Elementary School - Block Grant Requirements. The City of Santa Ana, its officers, agents, volunteers, and employees are addiLi onal insured as required by contract for this project only. CERTIFICATE HOLDER CAN C E LLATI O N 3HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE HALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Santa And AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza, M-25 Attn: Attn: Interim Exec. Po Box 1988 Di rector ? ? ?? Santa Ana, CA 92702 USA iLE4ifGtGtO >iQ ©1988-20'10 ACORD CORPORATION. All rights reserved. ACORD 25 (2070/05) The ACORD name and logo are registered marks of ACORD u`> c m a 'o O 2 0 N O r- Z N u N U 2282D1000121600076 THIS ENDORSEiVIENT CHANGES THE POLICY. PLEASE READ IT CARE FULLY_ ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LEABILITY COVERAGE PART SCHEDULE Blanket Additional Insured applies as required by written agreement or where a certificate of insurance is issued on behalf of Gilbane, Inc., or any other named insured, listing an entity as additional insured. Cov- erage would be excess of any other valid and collectable insurance unless the agreement between the in- sured and additional insured requires this insurance to be primary ("Your operations" below includes completed operations.) Section ll - Who !s An Insured 'rs amended to in- A. In the performance of your ongoing operations; or elude as an additional insured the person(s) or organi- g_ In connection with your premises owned by or zation(s) shown in the Schedule, but only with respect rented to you. 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 amis- sions of those acting on your behalf: TO FORM AppROV?D AS This endursem ent is exr?ted by the LIBERTY MUTUAL EIRE INSURANCE COMPANY ?LiSA E. ST ORCK Premium s Attorney Assistant City Effective Date E?yiration Data ?j For attachment to Policy No. TB2-61 i-2SBO68-O2D O/ ?? Audit Basis Issued To j??r Q ?? t ? ?-.?? Gounterslgned by AYD?arimA RePn:sen?tlve Issued Sales O[Fl Ca and No. End. Serial No. 44 CG 20 26 07 04 ? fS0 Properties, Inc., 2004 Page i of i