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HomeMy WebLinkAboutSWIGER, ERNEST CONSULTING, INC. - 2014INSUAANCF ON FILP. A-2014 -178 MRK MAY PROCEED UNTIL INSURANCE EXPIFJ4 GREEMENT WITH ERNEST SWIGER CONSULTING, INC. /S INCORPORATING COMMUNITY DEVELOPMENT CLERK OF COUNCIL. " ' " --------- DATE: g -/0_!y BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this 6th day of August, 2014 by and between Ernest Swiger Consulting, Inc., a Pennsylvania 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 ( "City "). RECITALS: A. The City desires to retain a consultant having special skill and knowledge in the field of providing consulting services with regard to preparation of the Consolidated Plan. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG Reg's "); and C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. 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: I. SCOPE OF SERVICES Pursuant to the terms of this Agreement, Consultant shall prepare the Consolidated Plan, as set forth in its Proposal dated July 7, 2014 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. The base sum to be expended under this Agreement shall not exceed $49,870.00, with an additional contingency amount of $5,130 for unexpected costs that arise during the Term of this Agreement. Total compensation to Consultant for the services set forth in this Agreement shall not exceed Fifty Five Thousand Dollars ($55,000.00). In order to use any of the contingency arnount, Consultant must submit a written request explaining the circumstances, and use of any of the contingency amount must be agreed upon by the City Manager in writing. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2015, unless terminated earlier in accordance with Section 9, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. 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. 5. 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 (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. 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 perfonnance 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. 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. e. 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. 6. 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONSULTANT'S OBLIGATIONS A. No Conflict. To the best of Consultant's knowledge, Consultant's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings /Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred contractors. D. No Pending Investigation. Consultant is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant receives Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keeping/Reporting. Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and /or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records /Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for four (4) years 4 after completion of an audit in conformity with the CDBG Reg's. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above - referenced documents available within the city of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Consultant shall sign a certification to that effect in a form as set forth in Exhibit B attached hereto and by this reference incorporated herein. Consultant shall submit said signed certification to City prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of City to pay any sums to Consultant under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a 'Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a City- assisted activity of Consultant, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an agent, employee, consultant, officer, or elected or appointed official of City, or of any designated public agencies, or the Consultant. M. Drug Free Workplace. Consultant certifies that it has established the following drug- 5 free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. N. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, disability, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. O. Conflict of Interest. Consultant agrees that no officer, employee, agent or assignee of City who was involved in the sale of said property, either directly or indirectly, shall serve as an officer of Consultant. Further, any conflict or potential conflict of interest of any officer of Consultant shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 6 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. 10. VENUE/JURISDICTION 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. 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, California 92702 -1988 Facsimile (714) 647 -6956 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 -1988 Facsimile (714) 647 -6549 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 Consultant: Ernest Swiger Consulting, Inc. 1907 Delaware Street Huntington Beach, California 92648 Phone (570) 856 -4437 12. SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 13. 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 Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: l q Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: '(?"z 2 c Lisa Storck Assistant City Attorney 10 CITY OF SANTA ANA -a z /"�, z Davie' Cavazos City Manager CONSULTANT Ernest Swiger Consulting, Inc., Ernest Swiger Project Director EXHfBIT A — SCOPE OF SERVICES I. introduction The City of Santa Ana ( "City ") is soliciting proposals from experienced consulting firms to prepare the City's Consolidated Five Year Plan ( "Five Year Plan ") for five fiscal years from 2015 -16 through 2019 -20. As adopted by the City Council and approved by the U.S. Department of Housing and Urban Development ( "HUD ") the Five Year Plan will set forth the City's policies, programs, and measurable objectives for expenditure of various federal grants that the City receives, Formula grants currently received by the City, and the amounts received for the City's current fiscal year, are as follows: Grant 2013 -14 Award Community Development Block Grant (CDBG ) $5,682,340 HOME Investments Partnership Program (HOME) $1,131,852 Emergency Shelter Grant Program (ESG ) $ 414,408 Housing Opportunities for Persons with AIDS ( HOPWA ) $1,471,369 Effective with the 2014 -15 fiscal year, the City will no longer receive HOPWA funds. Consequently the new Five Year Plan need not address this funding source. Community Development Block Grants - Recovery (CDBG -R) and Homelessness Prevention and Rapid Re- housing Program (HPRP) and any additional funding from the American Recovery and Reinvestment Act will also need to be addressed according to federal guidelines. In addition to preparation of the Five Year Plan and Citizen Participation Plan, the Consultant may choose to assist the City in preparation of the four subsequent Annual Action Plans (Annual Plan) and five Consolidated Annual Performance Evaluation Reports (CAPER) that will be required during the five -year period covered by the new Five Year Plan. The first of the five Annual Plans to be prepared in conjunction with the new Five Year Plan is one of its required components, and is to be included in offeror bids for preparation of that preparation. Finally, the Consultant may choose to provide hourly consulting services to the City on matters relating to its federal grants. The City's current Five Year Plan, as well as its most recent Annual Plan and CAPER can all be viewed at http: / /www.santa- ana.org /cda /default. asp. The City is also requiring that costs for certain items such as reproduction be presented as separate line items. The City wishes to evaluate the relative cost effectiveness of performing such tasks itself as opposed to including them in the selected Consultant's contract. Submissions that do not include distinguishable proposed costs for such items will be considered nonresponsive. City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 11 SECTION II: Scope of Work A. Consolidated Five Year Plan The Consultant will organize and prepare the Five Year Plan in a manner fully compliant with federal guidelines as found in the Code of the Federal Regulations (CFR) at 24 CFR Part 91 and any changes or revisions therein. It will be grammatically correct and free of spelling errors. All elements of the City's current Five Year Plan will need to be reviewed and revised to meet the City's current needs. Tasks to be performed by the selected Consultant and to be addressed in the Cost Proposal for the Five Year Plan are as follows: 1. Onsite Staff Meetings. Anticipate three, one to two hour onsite meetings with staff. The selected Consultant will be paid only for the onsite meetings that actually occur. 2. If deemed necessary by the City and Consultant, design and implementation of an additional mechanism beyond the three community meetings for soliciting public input. The Cover Letter should describe this mechanism in detail, and the tasks to be undertaken by the City and the Consultant. 3. Prepare, Organize, Market, and Facilitate Three Community Meetings. Two meetings will be aimed at the general public, One of these will be held on a weekday evening and one on a weekend. The third meeting will solicit community service agency comments, and will be held during normal business hours. Required tasks include but are not limited to, preparation, identifying and securing appropriate venues, preparing and distributing flyers or using other means of marketing the meetings, providing for simultaneous translations in Spanish and Vietnamese, refreshments, and onsite childcare. Attendance and facilitation at all three meetings is mandatory for the selected Consultant. Anticipate a minimum of two to three hours for each community meeting. 4. Study Session Preparation and Presentation. Prepare and present appropriate materials for a study session with the Community Redevelopment Housing Commission on the Five Year Plan. A modified version will also be presented at the community meetings. Anticipate a minimum one to two hour attendance time. 5. Public Notices. Prepare and publish public notices, in accordance with HUD regulations, announcing commencement of the thirty -day public comment period for the draft Five Year Plan. The notices are to be published in English, Spanish, and Vietnamese. This publication may be performed by the City or by the Consultant depending on cost and the City's preferences. 6. Five Year Plan and Citizen Participation Plan Draft Preparation and Reproduction. Prepare a draft of the Five Year Plan. The City's current Citizen Participation Plan was developed and adopted as a component of its Five Year Plan and may require revision as well. Prior to public distribution, two draft versions will be circulated to City staff for review and changes. Provide staff with approximately ten copies. The timeline will be will be established at the beginning of the process. After the revisions are completed, provide staff with approximately ten additional copies two weeks before the public hearing. City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 12 7. Public Hearing Attendance. Attend the public hearings, respond to all questions, and take notes on all public comments for inclusion in the final document. The above - referenced study session may or may not be held at the same meeting where the public hearing is held. Anticipate a minimum two hours attendance. 8. Preparation and Reproduction of Final Draft Five Year Plan and Citizen Participation Plan, Revise the Five Year Plan and Citizen Participation Plan as necessary, and prepare approximately twenty -five paper copies for distribution as well as an electronic copy. The copies are to be delivered to staff no more than one week after the public hearing. At its option, the City may choose to undertake reproduction itself. 9. Response to HUD. Respond to all questions, concerns and requests for modification received from HUD. The Consultant will prepare and deliver to HUD appropriate responses to questions and concerns from HUD, and will make all modifications to the Five Year Plan as required by HUD. 10. Preparation, Reproduction of Final Document. Revise the final draft so as to reflect any changes made by City Council and/or HUD. Prepare approximately fifteen copies of the final document for distribution to HUD, the general public, and staff. Provide the City with an electronic file of the complete document formatted in Adobe PDF. At its option, the City may choose to undertake the reproduction itself. City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 13 EXHIBIT C TO BE INCLUDED IN PROPOSAL PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (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 Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution,. and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service property addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement helshe will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, of proposer's bond substituted in lieu thereof accompanying this pro_ posal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City becausee of the failure to eater into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or propose.Ws bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth, in the RFP schedule are solely for the purpose -of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Consultants, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement, and are made specifically as part of this RFP. 1J�C� Y �� /n 1 tier 6"O'A'S1✓ / -/ /)r, TITLE '� i r f h �_ /2DATE _.___ City of Santa Ana Community Development Agency l Request for Proposals for Consolidated Five Year Plan Preparation Page M EXHIBIT D TO BE INCLUDED IN PROPOSAL PROPOSAL ANiD CONTRACTAGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONSULTANT The undersigned Consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex,, or national, origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall' include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each Labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment: 4. The Consultant shall comply with all provisions of .Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Oovemment contracts or federally assisted construction /services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965;and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shalt include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order rimless exempted by 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 subcontract or 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 Consultant becomes involved in, or is threatened city Of 19anta Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 23 with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Consultant may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1736, as added by Chapter 643 Slats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Consultant violating this Section is subject to all the penalties imposed for a violation of the Chapter. TJ I LEE DATE City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year plan Preparation Page 24 EXHIBIT E TO BE INCLUDED IN PROPOSAL NON - COLLUSION AFFIDAVIT CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of &a n 2 al Ua H m. County of /14 o Yn r o C. Subscribed and sworn to (or affirmed) before me on day 20 by this of me proved to me on the basis of satisfactory evidence to be the Y ar or Swl'<per person(s) COMMONWEALTH OF PENNSYLVANIA who appeared before me. NOTARIAt: SEALSEAL DIANE L SIPTROTH Notary Public FPOCONO TWP., MDNROE COUNTY mmission Expires May 25, 2017 Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 25 EXHIBIT F: COST SCHEDULE Five Year Plan Billable Hours Hourly Rate Non -Labor Costs Total Cost Task 1 S P/60 A ?0 //36 Task 2 lG v k 8v ',s'2 00 Task 3 xf Alto F � 90 Task h sc, ,7.0 Task 5 h 16-0 • 5.20 Task SL 4140 e2 *0 2,,u Task 7 e a Task 2,7 */6 15 Task 9 0 G p to 0 Task 10 16 &160 205 2 E'S Five Year Plan Total aLCZ Each of Four Annual Action Plans Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Each Action Plan Total Each of Five CAPERs Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Each CAPER Total Hourly Consulting N/A N/A N/A City of Santa Ana Community Development Agency Request for Proposals for Consolidated Five Year Plan Preparation Page 26 2015 -2019 CONSOLIDATED Five-Year Consolidated Plan 2015. 2019; First Year Annual Action Plan Santa Ana, California Project Bud et and Schedule by Month Deliverable / Service .. 5-Year Plan &AAP'. July :Aug.iAug. Sepl.Oct.; Nov, Doc. Jan, Feb MarcEAprll May lJune Swiger Beacon Tan TASKS - Consulting: Mgmt. Cost (1) Staff Meeting ■ - - ■ ■ ■ 5 - 4 $1,880 (2) Additional Meetings &Outreach - - - -- ------ --- ---- .-- - - - - - - 12 53 $9,870 (3) Prepare, Organize, Market, and - - Facilitate Three Community Meetings 16 40 $9,760 (4) Study Sessions - 0 0 16 - 0 $2,560 (6) Public Notices & Invitations to Meetings - ---------- - �.F _ 6 12 $2,760 (6) Draft Con Plan &Annual Action Plan 0 $9,600 (7) Public, Hearing _. '- 16 0..... $2,660 (9) Preparation of Final Plans --hM 32 0 $6,120 (9) HUD Responses - - _ 0 0 $0 10 Final Document } 18 0 $2,800 _ ■ Staff Meetings 164 117 $46,990 4 Meeting or Hearing _ _ - Rate $160 - $150 - -p� - _ FN- CommisslonA royal - tact poeto PP - - -- _ 4 Submission to HUD Travel - - -' $700 _.. _ Igter)lreter $500 spume Emest9Wlaerconsul�Rn tin_ Comm Mtg. Expenses _ Materials /Prinling - - $600 $820 - PROJECT TOTAL $49,870 Cost Schedule The graphic above shows the hours and cost per task for both members of the team as well as a total, not -to- exceed cost for the entire project. The estimated number of billable hours for ERNEBr SWIGE;R CONSULTING, INC. is 184, and the firm's average billing rate, shown in the table is $160.00 per hour (fully loaded). The estimated number of billable hours for Beacon Management will be 117, and the firm's at the firm's average billing rate of $150.00 per hour. Non -labor costs are shown per task and include travel, the cost of an interpreter for the community meetings and the Public Hearing, expenses for refreshments, child care and rental fees for a facility for the community meetings, and printing and materials costs for the production of fliers and notices and the printing of the required numbers of copies of the documents. Travel will be billed at the current GSA rate of $0.56 per mile Copies will be billed at $0.03 per page (black and white) and $0.09 per page (color), assuming that the documents are approximately 250 to 300 pages total. Some copies LO will include color pages, but draft documents will be prepared in black and white only. aD w ►'corzc�® CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY) 1 08/06/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Ileu of such endorsement(s). PRODUCER Yutz Markle Insurance Agency, Inc. 205 Lifeline Road Suite 101 CONTACT NAME: Diane Rixner PHONE Ext:(570 421 -7300 AAC No) (570)421-0785 E-MAIL ADO ss emallaYutzmerkle.com INSURERS) AFFORDING COVERAGE NAICx Stroudsburg, PA 18360 INSURERA Erie Insurance Exchange 26271 INSURED Ernest Swiger Consulting Inc 123 Acorn Lane Stroudsburg, PA 18360 INSURERS' $ 1000000 INSURERC, 4COMMERCIALGENERAILLIABILITY CLAIMS -MADE [X] XCIUR INSURERD: Erie Insurance Exchange 26271 INSURER E: INSURER F 77AR-Ar, 0 RENTE PREMIGE6 Eeocourrence $ 1000000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSUR NICE D e POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYV LIMITS A Q2824OC686 4/242014 4/24/2015 EACH OCCURRENCE $ 1000000 4COMMERCIALGENERAILLIABILITY CLAIMS -MADE [X] XCIUR 77AR-Ar, 0 RENTE PREMIGE6 Eeocourrence $ 1000000 MED FAR ( Any one person) $ 5000 PERSONAL& ADV IN JURY $ 1000000 GEN'L X q� AmtO $ 1� ^ ®v D ^ "t7 +""' �{ °- AGGREGATE LIMIT APPLIES PER'. POLICY ❑ 1Epr LOC OTHER'. GENERAL AGGREGATE $ 2000000 PRODUCTS - COMP /OP AGG $ 2000000 $ AUTOMOBILE LIABILITY ANY AUTO ALLOANED SCHEDULED AUTOS AUTOS w �• s T L15P' jt+1 slstant� Y RCK e Attorn Y COMBINED SINGLE LIMIT dcrJt BODILY INJURY (Perperson) $ BODILY INJURY(Peraccdenl) $ HIRED AUTOS NON - OWNED AUTOS AS $ /l PROPERTY DAMAGE Per accident $ 6 / /. UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIE'I'ORIPARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 0910200537 7/22014 7/2/2015 sTAruTE OTRH EL EACH ACCIDENT $ 500000 EL DISEASE - EA EMPLOYEE $ 500000 IMandatoryln NH) DESCRIPTION OF OPERATIONS below EL. . DISEASE - POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addltlonal Remarks Schedule, maybe attached if more space is required) Certificate holder is Additional Insured. Forms: CG 0001 04/13, CG 2026 04/13 Additional Insured Designated Person or Organization GU128 08/13 Cancel Notice to Designated Entity City of Santa Ana Community Development Agency 20 Civic Center Plaza 6th Floor Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE M .. EIKTK •IC711I4HIe1S01:7!riiCP��t�'t, f2ltSla ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 1 ® A� l7 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 07i24r2014 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy)les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Yutz Markle Insurance Agency, Inc. 205 Lifeline Road Suite 101 NprNTF�' Sharon McW In PwoxE FAX a :p;j57.0 421 -7300 ac Na :570 421 -0785 aooARL :email utzmerkle.com Stroudsburg, PA 18360 INSURERS AFFORDING COVERAGE NAIC a INSURER A: INSURED INSURERB:Erie Insurance Exchange $ Ernest C Swiger 123 Acorn Lane INSURER C Stroudsburg, PA 18360 -8324 INSURER 0: DAMAGE TO R PREMISES Ea ocw,rence $ INSURER E: $ INSURER F: C! PRAGER CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E 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. MSR TYPE OF INSURANCE AD.T.U- POUCYNUMBER POLICY D /YYYY POLICY D EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE TO R PREMISES Ea ocw,rence $ MEDEXP(Anycmeperaon ) $ PERSONAL &ADV INJURY $ GENT AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGO $ POLICY ❑JET F LOC $ OTHER: B AUTOMOBILE LIABILITY COa MaBBINED SINGLE T $ BODILY INJURY (Per person) $ 500000 ANY AUTO BODILY INJURY (Par a.Id n) $ 100000 ALL OMED X AUTOS DULED NON -OWNED HIRED AUTOS AUTOS PROPERTYDAMAGE Pera¢Ment $ 100000 UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION$ I $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN STATUTE E H E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N /A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS belay DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional RamaN Schedule, maybe aBached if more space Is nyulred) ApppOVED AS TO FOAM LISA . STORCK r Assistant City Attorney City of Santa Ana Community Development Agency 20 Civic Center Plaza 6th Floor Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE M All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Q28- 2400686 ERIE INSURANCE COMMERCIAL GENERAL LIABILITY CO 20 01 (Ed, 4/13) OF -8259 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Mal I o M This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and 2) You have agreed in writing In a contract or supersedes any provision to the contrary: agreement that this insurance would be primary and would not seek contribution from any other Primary And Noncontributory Insurance insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1) The additional insured is a Named Insured under such other insurance; and 0 Insurance Services Office, Inc., 2012 �s '20 ST pRCK LISA City [ Attorney Assistant �I ERIE INSURANCE COMMERCIAL GENERAL LIABILITY CO 20 26 (Ed. 4/13) OF -9704 POLICY NUMBER: Q28- 2400686 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Anna, its officers, employees, agents and volunteers, Community Development Agency, 20 Civic Center Plaza 6th Fl, Santa Ana, CA 92701 Information required to com lete 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 your acts or omissions or the acts or omissions of those acting on your behalf: 1, In the performance of your ongoing operations', or 2. In connection with your premises owned by or rented to you. However: 1, The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations ® Insurance Services Office, Inc., 2012 , 10 yo?C% STOVI t1SA C'M Attorney Ass'stant (,{ , Erie 4.. insurance' COMMERCIAL GENERAL LIABILITY CG 24 04 (Ed. 5/09) OF -9931 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana, its officers, employees, agents and volunteers, 20 Civic Center Plaza 6th FL, Santa Ana, CA 92701 Information required to complete this Schedule if not shown above, will be shown in die Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Condi- tions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. O Insurance Services Office, Inc., 2008 a- pROV'ED AS TO FORM LI E. STOCK Assistant City Attorney ERIE INSURANCE COMMERCIAL GENERAL LIABILITY CG 20 10 (Ed. 4/13) OF -9665 POLICY NUMBER: Q28- 2400686 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: CONDAERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations CITY OF SANTA ANA, ITS OFFICERS, EMPLOYEES, PROJECTS, VARIOUS LOCATIONS IN SANTA ANA AGENTS AND VOLUNTEERS, 20 CIVIC CA CENTER PLAZA 6TH FL, SANTA ANA CA 92701 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 die 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 additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment famished 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 intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1, Required by the contract or agreement; or 2 Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. FOgNi AP ©..IEp As TO p �UE. © Insurance Services Office, Inc., 2012