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HomeMy WebLinkAboutDUDEK, INC. 1 -2014INSURANCE ON FILE WORK MAY PROCEED UN]IL INSURANCE EXPIRES _?_JTV -11{ __ CLERK OF COUNCIL qAcr i�B 1 0 2014 Nakxlte V AGREEMENT FOR PROVISION OF ENVIRONMENTAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into this 1st day of January, 2014 by and between Dudek, Inc., a California corporation (hereinafter "Consultant'), 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 issued Request for Qualifications (RFQ 13 -054) on September 12, 2013, in order to retain a consultant having special skill and knowledge in the field of environmental consulting services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide environmental consulting services, including preparation, distribution and filing of environmental noticing documents, preparation of studies and technical reports and other necessary services, on an on -call basis, at the written direction of the Executive Director of the Community Development Agency, or his /her designee, in compliance with the Scope of Work, attached hereto and incorporated herein as Exhibit A. The Consultant will provide an experienced, educated and professional team, whose Project Manager and staff shall be responsive and maintain excellent working relationships with City staff. The Consultant shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. Consultant acknowledges and agrees to all of the terms and conditions of each of the exhibits attached hereto and incorporated herein. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Community Development Agency, or his /her designee, and the representative of the Consultant shall be the Program Manager or his /her designated representative. Except as may be otherwise stated herein, such representatives shall have N- 2014 -012 the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto and incorporated herein as Exhibit B. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the tern of this Agreement. b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates of services iii. City project number and /or name (if applicable) iv. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice c. Payment by City shall be made within forty -five (45) 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 of a professional environmental consultant. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 1.4, below. The term of this Agreement may be extended by a writing executed by the Executive Director of Community Development Agency and the City Attorney. 6. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes., 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and in the aggregate. Such insurance shall be endorsed as follows: (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. (Sample Additional Insured Endorsement attached hereto as Exhibit C.) b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. 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 fonn 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 Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. 9. 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 0 own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 Courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M -25) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6549 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 Consultant: Dudek, Inc. 31878 Camino Capistrano, Suite 200 San Juan Capistrano, California 92675 Phone (949) 373 -8318 Fax (949) 450 -2626 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS a. Consultant shall perform all requirements under this contract in strict observance of and in compliance with The California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA) and those regulations enforced by the California State Historic Preservation Officer (SHPO), as each may be amended or updated from time to time. b. 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. 16. 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. 17. 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. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures on following page) IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Nancy Fong, AI Interim Executi Director Community Development Agency CITY OF SANTA A A DA ID CAVAZOS City Manager Dudek, K. _ k D dek Pre 'dent q1qPA Z7 X0(41 LIST OF EXHIBITS: Exhibit A — Scope of Work Exhibit B — Proposers Statement & Fee Schedule Exhibit C — Additional Insured Endorsement Exhibit D — References Exhibit E — Proposal & Contract Agreement/Proposers Statement Exhibit F — Certification of Non - Discrimination Exhibit G — Non - Collusion Affidavit 10 EXHIBIT A CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES SCOPE OF SERVICES INTRODUCTION The Housing and Neighborhood Development Division of the City of Santa Ana's Community Development Agency is responsible for the administration and oversight of the City's Housing activities. From time to time the Division requires additional professional environmental services and technical expertise. The City of Santa Ana is issuing this Request for Qualifications (RFQ) for Environmental Services to indentify consultants who have extensive experience working with public entities to provide planning and environmental review services. Scope of Work The Consultant shall provide environmental services under the direction of City staff. The consultant will be expected to provide experienced and knowledgeable professional staff. The Consultant shall be committed to provide adequate staffing levels at all time in order to adhere to established schedules. The Consultant shall be knowledgeable of federal state and local regulations, policies and procedures as they pertain to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). Selected consultants shall have demonstrated expertise in preparing environmental noticing documents, preparation of studies and technical reports as required by CEQA and NEPA those include, but are not limited to: Environmental Assessment (Phase 1 & 2), Lead & Asbestos Testing, Cultural Resource Study, Soils Testing, Preparation of documents necessary for compliance with NEPA and CEQA. City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 9 EXHIBIT CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSERS ST -&TENM NTAND QUALIFICATION FEESCHFDULE Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Quah-ficat(ons. I have examined the Scope if Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and [Imitation that may impact work requests. I understand and agree that I am respo- hsitlle ,for reporting"' any errors, omissions or discrepancies to the City for clarification prior to the st=bml libh of thy proposal. SEE SCHEDULE Please provide a list of environmental setviods and forms that the film hasvprovided and can provide to the Gtfyy along with a proposed fee "schedule. Page 10 DUDEK FEE SCHEDULE DVQEK FrAF SOHMULE in MRQAkktAL,ZMWCES ..... ....... ..... srmocvw Sr, HydmqecbpmM Pmf,Mor ....... ... .. . $Ixowfir t , f oomc k�qlstl Mngl[�eerl Hor slo OWPI'T*bftWbl--.,---- ........ ... . —47rnmt 004"'JAwar", 160, KOA Corporation Fee Schedule KOA HOURLY RATES October 2013 - October 2016 [Principal Min Zhou $185 Associate Engineer Tom Huan $150 Assistant En ineer Su o t Staff $110 'These rates are guaranteed for three years, as of the submittal date of October 16, 2013. Ninyo & Moore Fee Schedule H I3 UH HAt1k "i t?noiiihlyaP3a[ duaru #tY e?h?' 's`e�viw.c�eaigaro[i "iP� nigh aigerf tu.N&"fiod x%i�fi4 days Ostashay & Associates Consulting (OAC) Fee Schedule P I ROrE8Mf4.A(-nME *M,pa &0** DIRK.T EXPENSES Dartl4mairolt ,44 , AtOO W bif%akckAm" L I , I Paleo Solutions, Inc. (PSI) Fee Schedule 1` >� » EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company American Automobile Insurance Co This endorsement modifies such insurance as is afforded by the provisions of Policy #MZG80950804 relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza M -37, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are names as additional insured(s) ( "additional insured(s)" 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 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 additional insured(s). 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 of 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 insured(s), this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M -37, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective January 2. 2014 , this endorsement form as part of Policy # MZG80950804 Issued to Name Insured Countersigned by: Auth0WI4Jig0I5PR @01g4Wtative City of Santa Ana Community Development Agency Request for Qualifications Environmental Services Page 11 EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS, FOR ENVIRONMENTAL SERVICES List and describe fully the contracts peff6rmed by YOUr fift Which deihno'Asirate your ability to provide the supplies, 0q(#pM1sht or P&WOOEHrfolUded in the scope ON116 p?aosgl's000ifi'catlahs., Attach .-additional :gages It required .for. adAtfahaL, re ter" linces. 17fib City reserves tha right -tor contact each of the references listed for additional information regarding your f1mrs-qualiffe6tiorO, 'R06'rehee No, I PORTOLA CENTER ENVIRONMENj`ALSTUPjf-$-,, CUst6rft6r Nan* DSO Otistin Beale._ A,Odrm,- 616W.ps_tA9,h StreMAWjftjAQPhone- Number .- `-"41-4 , O�, .4K,0- SarvDI%qo.,CA--921L2�0--, Facsimile ,L -_Z$4 j" Y 6 pit! n re app Ica urs�d#Lagsls qWp,,%AsseasMe- 404 Nationwide Pjrrnit, 6 2' - reaffibe mtsmtleh'AgreernOnt, and Je rit f t4 C -10 ' -%Wind Site E-val"uation,'GIS ��'-!`fe Behavior iff W0161,11a N klodein�yand P6 History Analysis; % Mbd low Qualifications Environmemal Servicei Page 12 Reference No. 2 ON-CALL SUPPORT SERVICES FOR REGULATORY PERMITTING, ENVIRONMENTAL DOCUMENTS, ANDIOR HABITAT CREATIONIRESTORATION Customer Name4, .0rariqwCouM. Contract Individual: Ddpiiftffient of Public Works Address: '311a North- hower Street Santa Ana, CA 92-703-500C L_,_. Phone Number: Facsimile Number' Contract- Amount:- J'§Qoijoo Year: 20WZali Description of environmental services provIddel: Improvement Laguna Canyon Wdands Mitigation ftject, TKs M-ItIgatio quantitative data collIeGtionli.sQnsiti-ve,,specle5 surveys :and NLd,y Kban, Projeot Ma0ager 714;§§A? 234-Q sr two conpurrenton-call I c - ogtracts with OCPW. Under the for the Carbon Creek Channel Maintenance ProjactTirid biological and ClEdA-services for the Modjeska Rood ninary Environmental Studv to CaltransStandards and a CltV:of Santa Ana Community Devaloprnqnt Agency Bequest for Qualifications Environmental Services Page 12 4 ,t, and and Reference No. 3 HUNTINGTON BEACH DESALINATION PROGRAM Ovstomer Name; Poseidon Wifer(Surfslde)-LL0 Contract lncllvlduals Addresv §j,,kEie§keetSujte,14Q, Phone Number: Paosimlle Number: Cointract,Arno'unt: 360i,0019, -.Year: 200940111 Josie McKinley, Project Manager 7 14, 96.7946, 1714.69.6.7947 IDOdek revised and updated alLsec0ons of-tha previous, Daft EIR; incorporating all previbusly conducted and adequate technical studies, with supplemental InformatJoDand studies pmv'i d-ed 6$,neeessory. TO BE INCLUDED IN.PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES AO- POSAL_ &_CONTRACT AGREEMENT P. RDROSER'.&STATEMENT Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council;, endorsed by the Clerk of the Council With her signature and official seal noting here on the action of approval of the Counoily signed by'the Executive Director or his diify authorized agent, and signed by the" City Aftorney, denoting her approval`of the form for this doeurhent, and its execution, and when it or eniekadt copy of it ohs be either delivered to broposer'or deposited withthe United States Postal Service "ptoperfyad"dressed to the proposer With the correct postage oft`iked thereto. Proposer fd ther agrees that upon daliwery (e§ defined ebd've) of the accepted agreement he/she will furnish City all required bonds and certificates of liability insurance within ten (jV).days (excluding Saturdays, Sundays and Cjty's le9gl holidays), or the funds, check drafts, or proposer'& bond substituted in lieu thereof accompanying this proposal shall become the property ofthe City and shall be considered as payment -of damag ,qrs due to the delay and other causes suffered by City because of failure to enter into an Agreement and /or:furnishnadesst ybonds. andbeeauseitisdistirtctijragfeedthattheproof :of,damagesactuallysuffered by Cifyis difffoultfo ascertain; othe'rwi'se said funds, cheek drafts, or prepcser's pond substituted in lieu thereof shall be returned to the undersigned. Propoaer unt efstan'ds t hat proposal -is requtred-for the entirework, th'af the estimated quantities--sot forth in the RFQ schedule are solely for the Pbrpose of comparing ptoposdls, and;fhat final compensation,under the contrabt,wiil be based upon the.actual quaritities of.wotk satisfactorily ddffoleted. All ter'itis cohtafhod fn the Speeifibatlons, the Codification of Non- Disdfimfnatiomby Contractors, and the Workers', Compensation Insurance Certificate are to be incorporated'tiy reference into this Agreement and are made specificallyas part of-this RFQ. A] S7Qt' DATA Page 14 TO BE INCLUDED IN PROPQM6 EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENTAGENCY REQUEST' FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NQN[DIS-CR(MINATION BY CONTRACTOR The undersigned Contractor-or corporate officer, during4he performarroe. of this ,contract, certifies as follows: 1 . TheControptor shall not di I scr(mjnqte;,against any employee or appild Wo employment because -a.– re, plqy— Mpnt ecaus of race,, relig[on,Ae& or national origin. The Contractor shall talm-affirmative actiohRj'bnsurethlt app.,Iican'ts•ie(r,e=em'plo-y,'6'd, and that ernployeds are,treated'during ein ible*ne-of wlthout, regabd to their race, color, religion,, sex, or haflonal&lglh. Such action shall include, bUt'notdirrilted1o, tho'follftlngi 6miployinonfl- upljfbdifig, derindtions, or transfer, recrultmeritadvertairig', (dybiff a( to atidh;-tetesof pay,*'oth&rF'f&rrm 6f'bdnnlpff6sdtIoh' and selection for traintrigi idoluditig 60#f6fitibeship, The Contractor agrees4o post in conspicuous places, available to employees,and.applicants f6r, eMplQyment, notices to beproVfd 90 selling forth jhe prov! lbrs of1his nondiscrimination clause. 2. The Contractor shall,, in all solieltatIonvor advertisements for employees placed by or on behalf ofthe Gontrpot,or, state tho.tell ciumliflectrapplicants -will receive consideration far emplaymentwithout regard to race,, 0010rj reijgibn,,6ek-y or national orrigin. 3. The Contractor'shall send to e4 I oh laborani-on oryeprosentative of waiters with which he has a collective bar§aiiiino,lofe6M6nts -drother contractor understandfrig, a noiltide to be provided advising the-sald labor Union or war rt' h6pe6sebtative of the ContrIctor's com-r-- ltm---- ents underthit section, and shall pdstodpies of the hotfbo In conspicuous places available to ermpI6yo6&aAd applicants for employment, 4-- The C90mator complies with ktV provislqnsef Executive Order 11246 of SeplqmOejr 24-, 1:9$5,,grjd-af the -rules, regujqTior6.-and, relevant ordqrsaflheSecretary oftabor. 5. The _Qvnivadtor s WJ tannis hre 11,fRtormat [an, and re p a rts . r_pq uj1red by Executive Order T 1- 124 6, of 'September 24,,1965,,„ 'aftdllby rules, regulations, and order of the Secretary bftab6r,.jar pursuant thereto :and will par acce A's to h)s(,-Ker „ books, records,,, and4 ccouri lts,byt e M 09,agefidy, A thisterl and the Secretary of Laborfor purposes of Invagttgration, to,zsaertairr . com rq6latiob- arid orders: -rules, 6. In th6- event the Cdhtr6d,0T% nOn-doMpliando with the non-d[scritninatibri dlffasetaf thit contract or with any qt1he;said rules, rogulations,.or'-orders, thacontract may be canceled, lerniinated, orsuspendedJn whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction/ services,00ntracts-in- accordance with prooeduresaut4od-zed,in Exeqvtlive IOrders,11;246 of September. 24 90 an do s m ' be imposer) -and 1 5. and other son n may remedies invoked'asprovided in 5xecutive Order 1124.5 of S-eptember,24, 1-965- Or by rule,, regulations, or or emf the Secretary ret, ,y of Labqr,,,Cras otherwise rov d by law. p k ad 7, The Contractor shall irl-rJudeAhe portion of the sentence Immediately preceding paragraph (1) and the , lkequdttf6r Pnapotalt Ehvjj Page 15 TO BE I CLUDIE =D Q EX �JjY13PQ�U HI CITY OF SANTA ANA C0jMML)NjTY DEVELOPMENT REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL SERVICES NON-COLLUS16N OFIDAMT, eITY'OF SANTA ANA PRO'' A L AND :,N ff RA 01-_A6 R fft W NIT NON7,00ILLUSION AFFIDAVIT, (TIW21 United States Code Section 112 alno Public CQntrac1'Code Section 7106) To tfie4tty of$ANTAANA -010 MUNITY OE __,ELOPME A RN,'CY- T 0 th Ei,0001:.Vance with title 28 VrIftiad State Cc 4-$0e V d R :aQt a NiJP0,"S de,, Join 111 _U6( 0 dtac�( 0 de 71 , h P ER dedlgris,evthal W8, bid Is noUrriticle In the interest of, or on bdftalfef; any undisclosed person, parthoeship, company, association, organization, or corporatibn; that the bid is gehAe'larid tvt collusive or sham; —PROPOSER has•not directly or Indirectly induced or soliciteclany other PROPOSER to put in a false or sham bid, and haanot,directly or indirectly colluded, consplrecljrconnived or agreed with any PROPOSER or anyone else,, to put in a.eham, bid, or that anyone shall lrefrq In from kidding; that the PROPOSER has not In any manner, directly or i0dirqptjyj sought try agr em with anyone to'fixtfte bid e ,]I et,,dommunication-or -a P.r19el.o,f.the PROPO.$RRor any PROPOSER, :orto,i, any 'ead, profit, or cost element of the bid,pribe ,Of Ithat0feny other PROPOSER; Or to -secure any adV8htjg&a(l;iain6t"f1he publla'bocly awarding tlie-coritratt"Of Anydbe, k4rested in -the proposed', contract" 1416mants contained 4,a the 'bid are true; and, further, that the d6rit6bits,therecif, bi-diVUlgedJhfdrm0tidn orrdats( reldtiWlhereoT, or paid, and will Trot pay, any foe to any corporation, partnership., company associations, orgarlization,,, bid deporitofty, 6eto,any member or agent thereof to effectuate a collusive-ovsham bid, No',fe:The,abpy Non - collusion Affidavit Is pa(dW the Proposoji ftaing this Proposal on the signature portion ­thate0f-stY,aJI,0lso constitute sIgnaJurerof this,,,Non-collusion Affidavit. PROPOSERS-are, captioned that making a false certifiration.mpy, sublottlithproertiffer to cjrim, _ ng[ prosecution to me, I by the person(d) c4rtM[i Notary Notary PUbllo $oal , I rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24 1965, so that such provisions will be binding upon each subcontractor purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance,; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter such litigation to protect the interests of the United States. B. Pursuant to California Labor Code Section 1735, as added by Chapter 54.3 Stats. 1039, and as amended, no'discrimination shall be made in the employment of "persons because of race, religious creed, color, national origin; ance"st"ry, physical handicaps, mentai condition, rnarital status, or sex of such persons, except =as provided in Section 1420, -and any Contracterviolating this Section is subject to all the penalties imposed for a violation of the Chapter. Request for Proposals Environmental Services Page 16 .4CORD� CERTIFICATE OF LIABILITY INSURANCE 2 DATE /201 MIOD Y Y) 2/2014 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 Michael J Hall &Company A/E Insurance Services 19660 10th Ave NE NAMEACT 24 PHONE - - FAX n/c N0 E -MAIL ADDRES=rtificatesQhallacdcQmpany.com Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Automobile /28/201,3yR( ��.CV, V�' je,,..— /2812014 INSURED 25 INSURERS:Greerw chInsuranceCompany 22322 INSURER C MED EXP (Any one person) Dudek 605 3rd Street Encinitas CA 92024 INSURER D $1,000000 INSURER E: Cross Liability GENERALAGGREGATE INSURER F: COVERAGES CERTIFICATE NUMBER: 431913216 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDIDYI V Y MMIOOIYIWY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCURpg'�p'L3y(� X OCP /XCU /BFPO MZG80950804 gCu - .¢y' A'T�l, v� A"t` r ' /28/201,3yR( ��.CV, V�' je,,..— /2812014 EACH OCCURRENCE $1,000,000 D RENTED PREMISES Ea occurrence $100,000 MED EXP (Any one person) $10,000 PERSONAL BADV INJURY $1,000000 X Cross Liability GENERALAGGREGATE $2,000,000 � � ` J-�(J j?,,,e� t-15� C'Ity At-Lorney GEN'L AGGREGATE LIMIT APPLIES PER POLICY X PRO- L0051Stant IFDT PRODUCTS -COMNGPAGG $2,000000 $ A AUTOMOBILE LIABILITY MZG80950804 /28/2013 /28/2014 Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( 1 $ X NONAWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Peraccident $ A X UMBRELLA LIAB X OCCUR CGU32044109 /2812013 /28/2014 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETORTARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? F7 N/A ZC81014322 - /28/2013 /28/2014 X WC STATW OTH- E E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Professional Liab Claims Made PECO02403106 /28/2013 /28/2014 1,000,000 Per Claim Contractors Pollution Uab: Occur 2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is req ulred) Certificate Holders) is /are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non - contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, Umbrella / Excess Liability and Workers Compensation / Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M -37 Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Z 7,4,( ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:MZG8095080,1 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Locations Of Covered Operations The City of Santa Ana its officers, employees, agents, volunteers and representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additionalinsured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER:mzGso9soso4 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations The City of Santa Ana its officers, employees, agents, volunteers and representatives Information re uired to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Amendment to Condition 4. Other Insurance -- CG 72 53 09 05 Policy Amendment(s) Commercial General Liability The following is added as a second paragraph to Section IV Conditions, Conditions 4, Other Insurance, Following paragraph b.(2). However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of a MultiCoverg endorsement and have agreed in a written insured contract that this insurance is primary and non - contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured's other insurance. This provision does not apply to other insurance to which such additional insured has been added as an additional insured. This Form must be aftached to Change Endorsement when issued Alter the policy is written. one or the Fireman's Fund Insurance Companies as named in the policy �nY CG7253 09 -05 POLICY NUMBER: MZG80950804 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggre- gate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Decla- rations nor shall they reduce any other Des- ignated Construction Project General Aggre- gate Limit for any other designated construc- tion project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Con- struction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or 'property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 F1eetCover Endorsement - CA 70 18 03 10 Policy Arnendment(s) Commercial Business Auto Coverage Form - Motor Carrier Coverage Form A. Broadened Named Insured Section II- Liability Coverage, A. Coverage, 1, Who Is An Insured, the following is added: Any organization you own on the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period, majority ownership or majority interest will qualify as a Named Insured if: (1) There is no other similar insurance available to that organization; and (2) The first Named Insured shown in the Declarations of this policy has the responsibility of placing insurance for that organization; and (3) The organization is incorporated or organized under the laws of the United States of America. However: (a) Coverage under this provision is afforded only until the next occurring 1.2 month anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (b) Coverage under this provision does not apply to bodily injury or property damage that results from an accident that occurred before you acquired or formed the organization; and (c) No person or organization is an insured with respect to any current or past partnership, or joint venture that is not shown as a Name Insured in the Declarations; and (d) Coverage under A.(1), (2) and (3) above does not apply to any organization that is covered as an Insured under any other automobile liability insurance policy whose limits of insurance have been exhausted or whose insurer has become insolvent. B. Broadened Who Is an Insured 1. Form CA0001 (if attached to this policy), Section II - Liability Coverage, 1. Who Is An Insured, item b.(2) is deleted, and d. is added as follows: d. Your employee while using with your permission his owned auto, or an auto owned by a member of his or her house -hold, in your business or your personal affairs, provided you do not own,, hire or borrow that auto. 2. Form CA0020 (if attached to this policy), Section II - Liability Coverage, 1, Who Is An Insured, item b.(2) is deleted, and f. is added as follows: f Your employee or agent while using with your permission his owned private passenger type auto, or a private passenger type auto owned by a member of his or her household, in your business or personal affairs, provided you do not own, hire, or borrow that auto. C. Additional Insured Coverage and Waiver of Subrogation This Form must be attached to Change Endorsement when issued after the policy is written_ One of the Fireman's I4md Insurance Companies as named in the policy �cratrxi: �� CA7018 3 -10 Form CAOOOI (if attached to this policy), Section II - Liability Coverage, 1. Who Is An Insured, the following is added as item e.; and form CA0020 (if attached to this policy), Section It - Liability Coverage, I. Who Is An Insured; the following is added as item g.: Any person or organization with respect to the operation, maintenance, or use, of a covered auto, provided that you and such person or organization have agreed under an expressed Provision in a written insured contract or written agreement, or a written permit issued to you by a governmental or public authority, to add Stich person, organization, or governmental or public authority to this policy as an insured. However, such person or organization is an insured: (1) Only with respect to the operation, maintenance, or use, of a covered auto; and (2) Only for bodily injury or property damage caused by an accident which takes place after: (a) You executed the insured contract or written agreement; or (b) The permit has been issued to you, 2. Form CA0001 (if attached to this policy), Section 1V - Business Auto Conditions, A. Loss Conditions, item S.; and form CA0020 (if attached to this policy), Section V — Motor Carrier Conditions, A. Loss Conditions, item 6.; the following is added: Waiver of Subrogation If required by a: a. Written insured contract or written agreement executed prior to.the accident; or b. Written permit issued to you by a governmental or public authority prior to the accident; we waive any right of recovery we may have against any person or organization named in such contract, agreement or permit, because of payments we make for injury or damage arising out of the ownership, maintenance or use of a covered auto. D. Auto Medical Payments - Increased Limit For each covered auto described in the Declarations or shown in the Schedule as having Auto Medical Payments Coverage, the Medical Payments Limit of Insurance for those autos is revised to the greater of,, 1. $5,000; or 2. The limit shown in the Declarations E. Hired Auto Physical Damage Coverage and Loss of Use Expenses CA7018 3 -10 Hired Auto Physical Damage Coverage If Physical Damage Coverage is provided by this policy on your owned covered autos, the following applies: Any auto that you lease, hire, rent or borrow without a driver, will be covered under this policy for Physical Damage Coverage. However any such auto: 1. Will be covered only for the same Physical Damage Coverage that applies to your owned covered autos; 2. Will be subject to the same applicable deductible shown in the Declarations that applies to your most similar owned covered auto, except any Comprehensive Coverage deductible does not apply to loss caused by fire or lightning; and 3. The most we will pay for any one loss in any one accident is the lesser of the following: a. Actual cash value of the damaged or stolen . property as of the time of the loss as determined by us; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, In addition, we will pay costs and fees associated with such covered loss only for a maximum time period of seven days beginning with the date of loss, subject to a maximum of $500. However: If form CA0001 is attached to this policy, this coverage does not apply to autos you lease, hire, rent or borrow from any of your employees, partners (if you are a partnership), members (if you are a limited liability company) or members of their households; and 2, If fonu CA0020 is attached to this policy, this coverage does not apply to any private passenger type auto you lease, hire, rent or borrow from any member of your household, any of your employees, partners (if you are a partnership), members (if you are a limited liability company), or agents or members of their households.