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HomeMy WebLinkAboutMADRID & ASSOCIATES - 2011INSURANCE ON FILE WORK MAY PROCEED N- 2011 -155 UNTIL INSURANCE EXPIRES CLERK OF COUNCILZ ©�� CONSULTANT AGREEMENT Tarr y G lNb ---4 - WITH MADRID AND ASSOCIATES THIS AGREEMENT, made and entered into this iSI[ day of j_ aC_e.ry, 130- r- , 2011, by and between MADRID &c ASSOCIATES (hereinafter "Consultant ") and the CITY OF SANTA ANA, a charter city and municipal corporation of the State of California (hereinafter "City")- RECITALS A. The City desires to hire a consultant to perform construction oversight services, as set forth in greater detail in the Proposal submitted by Consultant, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. B. Consultant represents that it is able, qualified 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 construction and financial oversight for the development and new construction project located at four scattered site locations within the City of Santa Ana, California (217 -219 S. Birch Street, 435 -437 S. Birch Street, 605-611 E. Washington Street and 2034 -2038 N. Bush Street). Such services include reviewing draw requests so as to insure that the City is not being overcharged. Consultant will also monitor the construction to insure that the materials used are consistent with the agreed upon plans, and that the work has been performed in a manner consistent with industry standards. Consultant shall monitor construction to insure that the quality of construction and materials used is identical in all units. Consultant shall perform the services as set forth herein as well as in the Proposal dated 11/7/1 1, a copy of which is attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, which is a monthly total fee for services for all four locations of $800.00. The total sum to be expended under this Agreement shall not exceed Twenty Five Thousand Dollars ($25,000.00) 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. 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. fc�:* [ ul This Agreement shall commence on the date first written above and terminate upon expenditure of all funds, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the City. Consultant agrees to provide City with an y such materials whenever requested to do so. 5. 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. 6. 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 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 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. Consultant 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, 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. If Consultant 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 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. (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 Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fimiish 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. 7_ INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. 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. 9. 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. 10_ 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: and, City of Santa Ana — Housing Division 20 Civic Center Plaza (M -37) P.O. Box 1988 Santa Ana, CA 92702 -1988 Attn: Housing Manager City of Santa Ana -City Attorney 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Madrid 8z Associates 13217 La Quinta Street La Mirada, CA 90638 Phone: (562) 686 -1068 Email: ABMadrid @AOL.com A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. 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. 13_ 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 City Manager 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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. 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. 15. 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. 16. 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. 17. MISCELLANEOUS PROVISIONS a_ Each undersigned represents and warrants that its signature hereinbelow has the power, City 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 City 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: Maria D. Huizar Recording Secretary APPROVED AS TO FORM: Joseph Straka Interim City Att orney By: Lisa E. Storck Assistant City Attorney CITY OF THE CITY OF SANTA ANA Paul Walters Interim City Man ager CONSULTANT Madrid 8r Associates Andr Ma d Title: TAX ID: SS�72�730 �XHr�r� aq SCOPE OF WORK CONSTRUCTI_ON PROGRESS MONITORING The Consultant shall visit the site and walk the entire project to observe the construction progress in conjunction with, and for the purpose of, reviewing each construction draw application throughout the duration of the construction project, unless notified otherwise by the Client. The number of draw applications submitted per month is at the discretion of the Client. Within 5 calendar days of the onsite inspection and draw review, the consultant will prepare a written Construction Progress Report (CPR), via E -mail to the Client along with a minimum of six (6) progress photographs taken at the time of the onsite inspection. The Construction Progress Report which shall include the followed documented information: Determination of the project's overall percentage of completion status including a narrative description of work completed to date, work in progress, materials stored on site and materials stored off site, if any.. Assess and comment on the contractor's submitted application for payment as to whether or not the itemized amounts are a valid representation of the value of work in place. The Consultant shall conclude with a recommendation on the amount to funds to withhold (cutbacks), if any. Review all potential and pending project change orders, comment on its impact to the construction budget and schedule and assess the adequacy of the remaining construction costs necessary to complete the project. Monitor all funds drawn on or credited to the project's "hard cost contingency" line item. Review and comment on the withheld retainage funds relative to adherence to the retention terms and conditions as determined by the lender. Provide our opinion regarding the feasibility of the contractor's projected completion date and the contractual completion date. Determine the subject improvements are in general compliance with the Scope of Work as indicated in the plans and specifications and to an acceptable standard of quality workmanship. Determine and comment on whether or not the off -site stored materials are in conformance with the requirements set forth by the lender. Comment on any project delays, issues, deficiencies, poor workmanship, deviations from the approved scope of work or any other matter which in the Consultant's opinion might adversely affect the value and /or collateral security interest of all parties. Page 1 of 2 Cons[ Loan Admin Ex 8 7/5/05 _ _ � �1 Upon project completion, the Consultant shall request all project closure documentation for the Client's files (i.e. Notice of Substantial Completion, Notice of Completion, Building Department's Final Approval inspection card, &Certificate of Occupancy. Page 2 of 2 Cons[ Loan Admin Ex 8 7/5/05 MADRID 8z ASSOCIATES FINANCIAL CONSTRUCTION INSPECTIONS From: Andrew Madrid PH /Fax: (562) 943 -'1929 CONSTRUCTION PROGRESS REPORT Date : 2/7/10 Project Name : CHRISTIAN MENS CENTER Project Location : 414 S. Trundall Street To: Michael Pettis Los Angeles, CA 90013 BACDB -LA CA9- 193 -11 -03 SAMPLE REPORT Project # : 1103391 Const. Progress Report : # 10 cc: Ellias Meim CAO- 103 -04 -04 Pa ment y Application No.: Draw # 11 Site Inspection Date : 2/5/10 .. • Ffi �� � u 3 `; L., -... i '' .: Briefly described, subject project invo /ves the adapted reuse conversion of an existing 6 -story commercial bui /ding into a se /f contained community, housing 72 sing /e -room occupancy units, an adu /t care facility, a medical clinic and ground /eve/ retail space. At comp /etion, ^Christian Mens Cenfer" will provide permanent and supportive housing exclusive /y for home less women of downtown Los Angeles. ,. , �...� a �„ Loan Completion Date: 1/1/11 Notice To Proceed : 8/3/09 Contractor's Estimated Completion Date: ••" Construction Start Date: 8/10/09 (Abatement) M&A's Estimated Completion Date: ••�• Loan Maturity Date 6/30/11 '•" See Construction Schedu /e (Page 2) Hard cost draw has been cutback Loan hard cost budget may have a shortfall Approved Change Orders) "requested" this draw Offsite stored material requested this draw Retention requested this draw Project on CLA Completion Schedule Ready for Foundation Survey Endorsement (FSE) REMARKS NO NO YES CO # 70 - $19,828 NO »» Retention monitored by administrator »» See COMMENTS - Construction Schedu /e NO Not A /icab /e - existing bui /ding See Page 2 (COMMENTS) This report is prepared for the sole use and benefit of - -and Is based in part, upon documents, writings, and information owned and possessed by - - - - -. Neither this report, nor any of the information contained herein, shall be used or relied upon for any purpose or entity other than - - - -- This report shall not be construetl as a guaranty of the quality or sufficiency of construction or that work and material are in compliance with the construction documents or governmental requirements. (progrpt97. -REV. '10/29/97) COMMENTS Project Name: CHRISTIAN MENS CENTER Site Visit Date 2/5/�O PROJECT TEAM Owner: DWC - Joe Alts (Site Director) DWC's Construction Manager: Larry Redman (Trucon) Contractor Barker Construction Project Managers : Kathy Gram / Andre Best / Jim Surdy Site Superintendent: Ray Franks Lenders: LAHD : Glen Lima LACDC : Steve Chawla CRA : Mary Stein OBSERVAT I ONS Project continues to progress on schedule with the contractual completion date. No significant issues identified at this time. INTER /OR /MPROVEMENTS Ground Floor- Production interior wall framing is near completion. Last of overhead electrical conduit installation is in progress. Main overhead fire sprinkler lines are installed. Preliminary drywall hanging has started. Rough electrical wiring is underway. Electrical main switchgear is set in place (partial). Garden Level - Placement of concrete floor slab is scheduled for this week. Construction and waterproofing of masonry block planters is completed. New facade material will be applied at completion of concrete slab. Metal storefront window /door frames are set in place (no glass). Second Floor - Production drywall installation is completed and currently undergoing wall painting. Office metal door frames installation is in progress. Mezzanine Level - Building's mechanical air handlers are installed. Interior perimeter steel stud wall framing and drywall installation is completed (southern wall). This level is currently being utilized as a construction material storage area. Third Floor - AII rough trade inspections are approved. Preliminary drywall installation is completed. Wall insulation is completed. Production drywall hanging is underway. Fourth Floor - Partition wall framing is completed with the majority of rough MEPS systems installed and inspected (Mechanical, Electrical, Plumbing & Fire Sprinklers). Preliminary drywall installation is completed. Production drywall hanging is scheduled to start this week. Fifth Floor - Partition wall framing is completed with rough MEPS systems installed and inspected (Mechanical, Electrical, Plumbing & Fire Sprinklers). Preliminary drywall installation is completed. Production drywall hanging is scheduled to start this week. Sixth Floor - Installation of ceiling mounted plumbing lines and mechanical heating ducts are completed. Partition wall framing is completed. Preliminary drywall installation is completed. Rough MEPS installations are in the latter stage of completion. COMMENTS Roof - New roofing material application is completed. Structural steel supporting platforms are installed and all mechanical units are set in place (chillers, air handlers units and hydronic pipes). M /SCELLANEOUS /NTER /OR /MPROVEMENTS Existing 6 -stop freight elevator system has been reconditioned, approved and currently in use by the workforce. Interior elevator cab finishes will be installed at completion of the project. Existing passenger elevator has been abandoned, removed and the empty shaft now services as a mechanical and electrical room . BU /LD /NG EXTER /OR /MPROVEMENTS Construction of exterior masonry stairway tower is completed (Stairs # 4). Approximately 98% of the building's exterior wall cracks have been repaired and painted (small area at trash chute remaining). All improvements associated with the building's "historical" facade (building's west side facing Trundall St.) are completed, per historical engineer standards. ONS /TE /MPROVEMENTS Onsite parking lot demolition is underway (today). OFFS /TE /MPROVEMENTS Installation of new subterranean grease interceptor, located at the site's east alleyway, is completed. City to property line sewer connection is in place. All subterranean utility services are connected to the subject property. PAYMENT APPL /CAT /ON Contractors Draw # 1 1 Period To: 5/31/10 (April Draw) /t is our opinion the itemized percentages of comp /etion and the project's overa // percentage of completion, as noted on the contractors current payment app /ication, is accurate and is a va /id representation of the work observed in p /ace. Contractor's current Application and Certificate for Payment is recommended for funding as submitted. We are of the opinion, remaining construction funds are adequate to complete the subiect proiect as intended. Owner has approved the current payment app /ication as submitted (James A /ts). Owners Construction Manager has approved the current payment app /ication as submitted (Joe Redman). Project architect has approved the current payment app /ication as submitted (Arace /i Gamez) LACOC consu /taut has approved the current payment app /ication as submitted (Steve Chaw /a) LAHO consu /cant has approved the current payment app /ication as submitted (G /enn Lima) CR.4/LA consultant has approved the current payment app /ication as submitted (Mary Stein) COMMENTS PROJECT OVERALL PERCENTAGE OF COMPLET /ON We currently estimate the project's overall percentage of completion at 67 %. CHANGE ORDERS (OCOs) FYI -Given the subject building's age, scope of the proposed renovations and expected "unforeseen" added improvements, typically associated with this type of product, we anticipate a significant amount of cost impacting scope changes to surface during the early phases of construction. We expect the change orders will significantly subside once all the "unforeseen" have been identified. From that point on, project change orders most likely will involve Owner requested improvements. Current Chance Order Included in the contractor's current payment application request is Owner approved Change Order # 1 O, totaling $19,828 (pre- approved by all parties at last month's draw meeting). Change Order # 1 O is comprised of 3 PCIs, consisting primarily of added Garden Roof waterproofing and minor miscellaneous items. No time extensions are included in current change order. We take no exception to the content or costs associated with a// change orders approved to date. Please refer to Approved Change Orders for a list of "approved" project change orders submitted to date. PEND /NG 8 POTENT /AL CHANGE /TEMS (PC /s) Approved for submittal in next month's payment application is pending Change Order # 11 , totaling $79,5128. Change Order # 11 is comprised of 6 PCIs, consisting primarily of additional fire department changes (ratings) and several miscellaneous Owner requested improvements. HARD COST CONTINGENCY Latest Sources and Uses of Funds indicate an infusion of $448, 639 into the project's origins/ hard cost contingency budget. Our understanding of the project's hard cost contingency budget is as fo / /ows: Origins/ Hard Cost Contingency Budget: Added Hard Cost Contingency Funds: Revised Hard Cost Contingency Budget. Change Orders Approved To Oate: Committed Contingency Funds $ �, 643, � 02 $ 448, 639 $ 2,099,749 $ 9, 389, 700 (Through Change Order # 90 ) $ 9, 389, 700 (66% of contingency budget ) Remaining Hard Cost Contingency funds: $ 702, 049 (34 % of contingency funds remaining ) CONSTRUCT /ON SCHEDULE Assuming no additional last minute City changes to the City approved scope of work, we currently feel the contractor's 11/14/1 O estimated completion date (TCO) remains feasible. By the end of July, we will be in a better position to evaluate the reasonableness of the contractor's estimated completion date. COMMENTS Our estimated 12/31/1 O "overall" completion date includes a 30+ calendar day "cushion" between TCO and CofO. CLA Completion Date : 1/1/10 Loan Maturity Date : 6/3010 Notice To Proceed Issued: 8/3/09 Start Date : 8/10/09 (abatement) Construction Duration : 440 calendar days (per contract) Original Contractual Completion Date: 11/23/10 (440 calendar days after start date) Approved Time Extensions : O calendar days Revised Contractual Completion Date: 11/23/10 Contractor's Estimated Completion Date: 11/14/10 (TCofO) M&A's Estimated Completion Date: 12/31/10 (CofO) REQU /REO PROJECT CLOSURE DOCUMENTAT I ON The following documents are requested upon project completion: Final AIA G702 Payment Application (provided by contractor) Final Conditional and Unconditional AIA G702 waiver (provided by contractor) Confirmation from the lender's inspector that the project has been satisfactorily completed per plans (included in final inspection report). Copy of Final Building Inspection Approval Card (provided by Bldg. Dept.) Notice of Substantial Completion (provided by project architect) Notice of Completion (provided by Owner) Certificate of Occupancy (issued by Building Department) Title Company's confirmation that the subject is free 8 clear of liens (provided by title company after expiration of mandatory Mechanic Lein period) Project: CHRISTIAN MENS CENTER Site Visit Date: 2/5/1 O SUMMARY OF CONTRACTORS CURRENT PAYMENT APPL /CAT /ON WORK IN PLACE THROUGH 2/51 10 Contractor: BARKER CONSTRUCTION Original Contract Sum: $16,790,470 Net Change By Change Orders: $O Current Contract Sum: $16,790,470 Current Draw No.: Draw # 11 CONTRACTORS REQUESTED $12,324,717 LAPPROVED 7 Incl. ` 73.40% of contractual price ) Less Previous Payments $10,053,941 $10,053,941 59.88% 6.38% '''' � 33.74% "Intl. Retention" Withheld Retention $1,199,401 $1,199,401 Monitored b Lendin Unit „, 26.60% io "Less Retentn" Project: CHRISTIAN MENS CENTER Site Visit Date: 2/5/10 APPROVED CHANGE ORDERS SEE FOLLOWING PAGE 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; its 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 City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective ,this endorsement form as a part of Policy # _ Issued to Named Insured Countersigned by Authorized Representative N -2o� �.7ss WORKERS' COMPENSATION DECLARATION I hereby affirm under penalty of perjury, the following declaration: I certify that during the term of my contract with the City of Santa Ana and/or the Community Redevelopment Agency of the City of Santa Ana, I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions. DATE: l2• ��- tl Telephone- 56Z WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMiII�TAL PENALTIES AND CIVII. FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. ,APPROVED AS TO FORM � Y � LiSA E. STORCK assistant City At�� eY 4S PREMIER BUSINESSOWNERS POLICY PREMIER OFFICE PROPERTY DECLARATIONS Policy Period: Policy Number: ACP BPO 7842687509 From OS -12 -11 To OS72 -12 Description of Premises Number: 001 Building Number: 001 Construction: FRAME Premises Address 13217 LA QUINTA ST LA MIRADA CA 90638 -3435 Occupancy 00 Classification: APPRAISERS -REAL ESTATE Described as: WOOD FRAME WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED °. The Property Coverage provided at this premises is subject to a $ 1,000 Deductible, unless otherwise stated. COVERAGES LIMITS OF INSURANCE Building - NOT PROVIDED Business Personal Property - Replacement cost $56,200 ADDITIONAL COVERAGES -the Coverage Form Includes other Additional Coverages not shown. Businesslncome -ALS- 12 Months- NO Hour Waiting Period -60 Day Ordinary Payroll Limit INCLUDED EMra Expense - Actual Loss Sustained (ALS) - 12 Months - NOHour Waiting Period INCLUDED Equipment Breakdown INCLUDED Automatic Increase in Insurance - Building 4 Automatic Increase in Insurance - Business Personal Property 2 -q/ Back Up of Sewer and Drain Water (limit shown per Building, subject to $25,000 policy aggregate) $5,000 OPTIONAL INCREASED LIMITS Included Limit Additional Limit Account Receivable 525,000 $25,000 Valuable Papers and Records (At the Described Premises) 525,000 $25,000 Forgery and Alteration 510,000 X10,000 Money and Securities - Inside the Premises 510,000 $10,000 Outside the Premises (Limited) S10,000 $10,000 Outdoor Signs S2,500 52,500 Outdoor Trees, Shrubs, Plants and Lawns 510,000 $10,000 Business Personal Property Away From Premises 515,000 $15.000 Business Personal Property Away From Premises - Transit 515, 000 $15,000 OPTIONAL COVERAGES -Other frequently purchased coverage options. Employee Dishonesty NOT PROVIDED Ordinance or Law - � -Loss to Undamaged Portion NOT PROVIDED 2 - Demolition Cost and Broadened Increased Cost of Construction NOT PROVIDED PROTECTIVE SAFEGUARDS This premise has one or more PROTECTIVE SAFEGUARDS identified by symbols herein. Insurance at this premise will be suspended if you do not notify us immediately if any of these safeguards are impaired. See PB 04 30 for a description of each symbol. APPLICABLE SYMBOLS: NOT APPLICABLE PB 81 01 (01 -01) Page 1 of 2 DIRECT BILL MACH MAC INSURED COPY UID PS 7g g7pg0 .APPROVFrD � S TCA FQR.M LISA %"E. STORCK �/ Assistant Eity AtterneV °/a PREMIER BUSINESSOWNERS POLICY PREMIER OFFICE LIABILITY DECLARATIONS Policy Period: Policy Number: ACP BPO 7642687509 Included in Liability R Medical Payments Limit From OS -12 -11 To OS -12 -12 Included in Liability &Medical Payments Limit Lessors of Leased Equipment Included in Liability 8. Medical Payments Limit WE PROVIDE INSURANCE ONLY FOR THOSE COVERAGES INDICATED BY A LIMIT OR BY "INCLUDED ". COVERAGES Mortgagee, Assignee or Receiver LIMITS OF INSURANCE Liability and Medical Payments Per Occurrence $1000,000 Medical Payments Coverage Sub Limit Per Person $5,000 Tenants Property Damage Legal Liability Sub Limit Per Covered Loss $300,000 Personal and Advertising Injury Per Person Or Organization $1,000,000 Products - Completed Operations Aggregate All Occurrences $2,000,000 General Aggregate All Occurrences $2,000,000 (Other than Products - Completed Operations) AUTOMATIC ADDITIONAL INSUREDS STATUS The following persons or organizations are automatically insureds when you and they have agreed in a written contract or agreement that such person or organization be added as an additional insured on your policy. Co-Owners of Insured Premises Included in Liability &Medical Payments Limit Controlling Interest Included in Liability R Medical Payments Limit Grantor of Franchise or License Included in Liability &Medical Payments Limit Lessors of Leased Equipment Included in Liability 8. Medical Payments Limit Managers or Lessors of Leased Premises Included in Liability E� Medical Payments Limit Mortgagee, Assignee or Receiver Included in Liability 8� Medical Payments Limit Owners or Other Interest from Whom Land has been Leased Included in Liability &Medical Payments Limit State or Political Subdivisions - Permits Relating to Premises Included in Liability &Medical Payments Limit PROPERTY DAMAGE DEDUCTIBLE NONE OPTIONAL COVERAGES Hired Auto Liability Coverage Nonowned Auto Liability Coverage PB 81 03 (01 -01) DIRECT BILL MACH MAC includBd in Liability & Medical Payacrrts Liait Included in Liability � Medical Pay�ants Limit INSURED COVY APP��TEl13 AS TO Fd�l�i�osz LIE � ORCK j�45i5Eanf 6ity Attorney 3/` �= � E� t it sl �;C A� °�°r CERTIFICATE OF LIABILITY INSURANCE °`••"""'°°^' -^/ e..od.eER 08/1712011 SAVAN irreunnce 8 Financial Sorvioes, Inc. ONLY AND CONFERS NO RIGHTS UPON 717E CERT7FlCA1'E 3135 Clayton Roan, Sulte 205 F10LOER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Concord. CA 94519 ALTER THE COVERAGE AFFORDED BY THE POLIdE8 tt7ELOW. INSURERS AFFORDING (:OVERAGE 111AIC stars® - - _ Ir�w w: Continental Casualty Conpany - ArWraW MlaOriO nvsu�R e_ . _ _ _ _._ 13217 la �ulrrta Street eas�seER c: -- -- Cypresa, CA 90630 i.�cr� /'�CwG roR l NE POLICY PERIOD i _ _D. N INC MAY PERTAIN.i^TEHETINSURANCE AF FIORIDED 6YµTME PO I�EB DESCRIBED HERE NEIS 6UBJEGTETO ALL THEVTEIRYS~EXC USI'DNS /�1�0 GONDIT ONS OF SUCH POLICIES. AGOREOATE LIMITS faHOYMI hiAY HAVE BEEN REDUCED BY PAID CWYS. 1R TYP( OF atsurw�c eQ10Y RIJiOB! pPgiY t1wTE: —^ r.weTs OpifslwL LfwaaJTY COIaMERt +.. GENERAL L�weLLJTY EA[4. 1 OaY1RItdVCE I i ._.__ awrws W10E n ooNR i �W i _._. jl e�o� � �) i - -- - - PmaoHwL s war sua.rRV s OEN'L wOe1a•OATe WfT PER- maERK wooweowTE s _— POLICT PRO- LOC PROpUCTi - [ woo i - -- i wvroiioea� a.IwauLrrr ANY /yli0 COYBINEU 81rVpLE LMaT i tH emY1w+) ALL OVM�EDl11lr06 —. ___ scNeolaeo wings eco�Lr RUVRr i r+ICOAtliOe <PUr p.ap -- ._ - -.- NON-0Mt�® wuros evaLY RawrRr i _ /I'ar �mw.q —_ ____ .u�GMIwOE s oASrwce LuRrLlrr wxr wum .W ro aNLY - u wocl�rrr s OTI� nwl eA wcc i �NRO ONLY: 1.L30 _ i aiCOL{�Lw LMdlIY OOCUR �Q11aL9 MwOE EACH OCCYOfLNt2 i — AOO�OwTE __._ —_ i OCducTeLE - i IeElENiION f f MORNW �MQIawTIOiI Aip tliL.0Yfa6' VIwtKRY ER ANY PROPK�ElOrWlluTrat= A/ElE4Lr�YE OFFICFRJYEYBER E %QUDEpA E.l. EwCH AOQOEilr i --- -_._._ _ - -�_ E1. DIeEA9E -EA EYPI.OYE i OTNlR EL 016EweE - POLJCY LNIT i - - - -_— A Pro#eeCiollal LJabYity E & O MCA2Bt1357534 09r772O11 OBH 7!2012 Per Glalm S 1,000,000 __ � Apynpste S 7,tM0,p00 srnua wln eP YNa wsovs odcaewo PoMICES se aNed.m tasewa Tra unlgrroR owrs THrsdw, T1S Istaao rNwlsle MI<L ENDEAVOR ro Mwd 30 DwYS UYRrI'rL1 NTIC'B ro M �fT1ACAT! NGLl1lIf RAit® TO Tdt laT. a VT PAILyRE TO W �D aN11LL Rrosw Ro osuowlpN aR uwsalrr oP wNr Ivlo uPON n7rt ewsret m wags oR .APPROVED TO FOIt�vI �� LISA E. STORCK i Assistant City Attorney �/ b �,',�I�, PROOF OF INSURANCE Interinsurance Exchange of the Automobile Club "'� INAIC #: 7 5598 Narnad insured Policy Number: G 9703323 MADRID, DIANA M AND ANDREW L Effective Date: '10 -30 -11 Expiration Date: '10 -30 -12 This policy provides al leas[ the minimum amounts of liability insurance required 'oy the CA VEi-i CODE SECTION 16056 for the specified vehic+es and named ir,sur�ds and may provide coverage for other persons and other vehicles as provided by the insurance policy. .APPROVED `��A����S��yy--TO FORM LIS�STOF2CK Assistant City Attorney �b OY /05/12 THU 15:47 FA% S62 902 4667 ppCSC� WH TTI�R S F8X SeY-57t3Y 1 /5 /LV1G ii: =aa: iCi ev, ,�r..,�. '�.IiFi.Y � _.,,_ ��_'_- Interinsurance Exchange of the Automobile Club Automobile Instsranc� Policy Covsragars and Limits Renewal Declafatlons Wa ars plgasad to oftar you a renewal for your aubontcbi[a insurance policy. To renew your policy, sand at leas! the minimum paymerd on or before the due data. [naurance is in eReot only for the vgh[cfas, coverages, and limtb of liability shown on Chia dgolarations pie and as sat fot'llt in tt+a insuranoa policy and entloraernenls. These dq[darationa. together with iha eontrsct and the endorsamerrts in effect comple[a your policy. ff any change to your policy a i4 the Infarmaticn � have on file rssulm in a premium daereaae during the polity period, Uie Irtellnsuranee Exchange I+erarvas the rigkt to apply any refund due to your outstartding balance. MADRID, DIANA M AND ANDREW L 1321'7 LA gLINi'A ST LA MIIiADA QA 9Ota'38 -3A36 POLICY EFFECTIVE DATE: 70.30111 12:01 AM. PDLIC1f EXPIRATION DATE: 1 O 90 -12 52:07 AM. VFi�ICtF YEIAR LNI� MOPaL IDEIV"rIF1GT10IJ NUMaER YF}iICLE U9E [3P,IiAGE ANNU/\L ZIP CODA MILES SrEr;:FlFD MILEAGE :ylAla6i 1 2005 CiiRYS TOWN 6 COUNTRY TOURING Efl 2C4GPU4L35R277590 COMMUTE 90638 20.001 - 25.000 VEF2lFIED 2 2006 NISAN 6ENTRA 1.8/i.H9 3N5C851 p461S9000T OOMTiI[UTE OOB38 55.001 - 20.000 VERIFIED 4 2006 FORD p(pi.ORER XLT SFMEUS3EO6ZA54033 COMMUTE BO6'ie 50.005 - 55,000 VERIFIl9 CCVE32A6E5 AI.O L1M1'LS ANN[1AL PRFJVIIUNI$ Cgveeeer `nai in wNr¢t eNrrw�r prranlun er rhrwo:d �neludW^ w rYwvrr} COVERAGES LMIT60F L.IP.BILTY Vahlde 1 VshlGe 2 Vehlefo 4 Vah.de Ve151de Llddrmr eodlly Ir>Jury 550,000 cash peraan/ 5100,000 eaoh oceunYilc2 � S 7ea� ! 3 48S � 5 152 f � � Property Dama64 526.000 eadt occurrence � : S 755 ; i 452 ; $ 178 �-- adica7 - � � i � .. NA nIn NA . � j �, Physical Oamapo (nduv a.n va>ta .o5as aJ+:ns'Ir� aYrL r.e• aw:ewh)� f ! j � r Ve1Yde 1 valid. 2- VaNde�4 � � VaHtlo vWtl� � r I � I Conpreher:elve AGY NA � AGV .: ; Z tp NA 541. (Leas Deduatlblm) 5250 � NA 5230 � � . NA : S 2S2 i . CaHlslrn � .. .qGY � P1A � AGY .: � � S d25 � I (Lees DadtlCUbla) � 5500 � NA $500: j Czar Rental E3cpanee � f`LR :. NA � �' (Pcu r>a� � NA j IVA� NA ��lVi► I � t li /r7SIIlVd iNOenrISS .� � . 1 I. S 31 � � $ 61 � $ 22 'Badly Ilrylury $15,OD0 . e3ah person! � 330:000 each acddaM � i Uninsured � Undertnaumd Vehicles � � � � � � i i e '�• Included '; N4 IndudW Uninsured DaduGlble Waiver � � � � , NA � 3 4$ i NA ! 1 Uninsured Colllsian 'Total Premium � � : S S5z I S 1b24 t S � I __ °NA• indlr�tes coverage not purCha �;ed. PRE7N IUM tASCdUN'r8 Pfaear rgerbo the errlosed- dowment entitled ^Prwniurn DiscwnM Applied to Ywr Automobile PdieY --^ Tohl Annual Premium• S 25GB �M1 at any time: you choose to�pay� lose than tl+a faill'�lsergnca out5rtandln0.. ilndue.ean.appncaetsmae�nts) Laaa Policyholder 8avinga Dividend S 36.7 finance charges of up 'to 1.5%. �per montfi of the balanca'outatanding will apply as e•zplair7ed in your Wiling atatemanta, whicFr are part of tllese deelaratictta. Net Premium• S 2182 �� PROrr1�S DATE 09 -23111 _ 1"tFA73E ATTACFI To YOUR POt.ICSr . :SEE REVERSE) APPRO(VE�D /A�S, TO FORM e� l -`d LISA E. STORCK Assistant City Attorney // to � r�ooi