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HomeMy WebLinkAboutTSCM CORPORATION - 2014cJ 1 nv U C (Wi ON FILE WC ,qK fvi& tQ PROCEED CLERK OF COUNCIL~ DATE: JAIA G 1.�,s CONSULTANT AGREEMENT A- 2014 -355 THIS AGREEMENT, made and entered into this I day of January 2015 by and between T5C "M 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 desires to retain a consultant having special skill and knowledge in the field of power washing and sweeping of streets and sidwalks. 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 die 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: SCOPE OF SERVICES Consultant shall supply all labor, materials, equipment and transportation necessary for maintaining clean and well swept all areas of the Santa Ana Regional Transportation Center ( "SARTC "), including the two parking lots, all paths of entry, bus parking stalls and driveways and all four levels of the parking structure. In addition, Consultant shall conduct removal of stains and deposits from cement and brick paver sidewalks at the SARTC as referenced in RFP 14 -079. At all times while providing power sweeping and washing services for City, Contractor shall comply with all 'Federal, State and local requirements for collection, filtering mid disposal of waste and water, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $725.00 per month for sweeping services and $2,250.00 per month for power washing services for a total of $2,975.00 per month. The total sum to be expended under this Agreement shall not exceed $35,700.00 annually during the terra of this Agreement, excluding any contingency approved by City Council. 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. [ Al41 01 This Agreement shall commence on the date first written above and terminate on December 31, 2016, unless terminated earlier in accordance with Section 12, below. The term of this Agreement maybe extended for no more than two (2) one year renewals options exercised upon a writing executed by the City Manager Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn 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 naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of this Agreement and shall be approved in form by the City Attorney, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e, The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be 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. 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 death, 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 terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify,, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential ffiformation" 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; (o) 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. 8. 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. 9. NOTICE With the exception of insurance certificates and renewals covered by Section 5.e.iv, above, any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City. Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702, -1988 Fax 714- 647 -6956 With courtesy copies to: City Attorney City of Santa Ana To Consultant: 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 TSCM Corporation 17791 Jamestown Lane Huntington Beach, CA 92647 (714)841 -1988 (714)841 -3222 fax A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time flames, weekends, federal, state, County or City holidays shall be excluded. 10. 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 tenns 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. 11. 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. 12. '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. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. 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, 14. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venire for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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 its inability to obtain or maintain such permits; licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hercinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARV City Attprjacy `"\ City -f At rrc u rvivvarxvrru Exe utive Director Public Works Agency AL: Ci�I'ANTA A DAVID CAVAZOS City Manager EXHIBIT A ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be 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, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy Issued to this endorsement form as a part of Named Insured Countersigned by ^_ Authorized Representative p CORP A-2014-355 REVIEWED ByY . EUINICE h EREDIA (PG 1 OF 9) AC '"" I? CERTIFICATE OF LIABILITY INSURANCE r ATE (MMfDD7YYYYl TYPE OF INSURANCE 6/3012015 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 INSURR(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 Spectrum Risk Management CONTACT NAME. Account Mania er 74 DISCC7Very Irvine, CA 9261 PHONE FAX 949- 756.5730 WC, No: 949- 756 -5740 E -MAIL ADDRESS: office@spectrumrisk.com 1/1/2016 INSURER (S) AFFORDING COVERAGE NAIL p INSURER A; Navigators Special Insurance Co. 36056 www.spectrumrisk.com OC77485 INSURED TSCM Corp. INSURER s: General Insurance Company of America 24732... PERSONAL & ADV INJURY TSCM Corporation of Arizona INSURER C: National (Union Fire Insurance Co. of Pittsbur h PA 19445 INSURER D: Cypress Insurance CO. 10855 P ppano Investment Group, LLC INSURER E 17791 Jamestown Lane Huntington Beach CA 92647 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON - OWNED HIRED AUTOS AUTOS edcutible -0 INSURER F:: COVERAGES CERTIFICATE NUMBER: 25392074 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 TERM'S, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER, POLICY NUMBER POLICY EFF 'MMIDDIYYYY POLICY EXIP MMIDDIYYYY.. LIMITS ' A �' COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r_1/1 OCCUR Deductible- $2500 LA15C'GL019568IC 1%1/2015 1/1/2016 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTE PREMISES fEa occur ence $ 100,000 ✓ MED EXP (Any one person) $ 5,000 „✓ GENT Contractual Liability PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLUES PER,: POLtOY I r Y I PE O LOC OTHER: GENERAL AGGREGATE 2,000 „000 PRODUCTS - COMP)OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON - OWNED HIRED AUTOS AUTOS edcutible -0 24CC2983864 111/2015 1./1/20..16 2MBINEDSINGLIE LIMIT . Ea accdent 1 000,.000 ” J BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $... PROPERTY DAMAGE %Per accide,nt $ $ C UMBRELLA LIAE EXCESS LIAB ✓ OCCUR CLAIMS -MADE. BE 029502009 1/102015 r7/ 12016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED ✓ RETENTION $0 ...., $ D WORKERS COMPENSATION AND EMPLOYERS' LIABI••LITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE �' OFFICERIMENIBER, EXCLUDED? (Mandatory inNH) If yes, describe under DESCRIPTION OF OPERATION'S below NIA TSWC603136 7/112015 /2016 ✓ STEATUTE OTRH- E.L. EACH ACCIDENT $ 1,000,000 — E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE, POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Parking lot sweeping services. The City its officers, agents, employees are named additlonal insureds with resepect to the general liability and auto liability per the attached blanket. Carrier farm. a, ii U t:rl'.UTA l C InIVLL)MM L.AI4L.CLLF1. f II,TI1r The City of Santa Ana Community Development Agency 20 Civic Center Plaza M -26 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 _ Jim Waterhouse tJ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ',11,307Q7s I Ginnia I 2015 . All L,n I P.inrnde Edaecamnntr_ 1 6/30/2015 11.55;06 AM (PDT) I Mage 1. of 5 TSCM CORP A-2014-355 REVIEWED BY� ZZ , �. EUl HEREDIA (PG �2 OF 9) TSCIVI Corp. EltsCorporation of Arizona 24CC2983864 icM I S I 11"11`1 ("', E"t ', COMMERCIAL AUTO & CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason, TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added- If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. SECTION 11 — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: d'. Any business entity newly acquired or formed by you during the policy period provided you, own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION 11 — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an "insured contract" to provide insur- ance is an "insured", subject to the following additional provisions, (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that insured, whether the work iis performed by you or for you, and only to the extent your are held liable for an "accident" occurring while a covered "auto" is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage,, to its property, (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or ""suit", lncludes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Safeco and the Safcco logo are registered trademarks of Safeco Corporallor CA 71 10 G3 07 Page I of 6 EP 251120711 1 GIrMlw 1 12014 All Lines 11 Ci.11ie I 6/1m/2ol5 I1;583 06 AM (PUT) I P.9_ 2 of 9 TSCM C CRP A-201 4-355 REVIEWED BY� "A ry EUNICE HEREDIA (PG 3 OF 9) (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the "insured contract". (7) A person's or organization's status as an "insured" under this subparagraph d ends when your operations for that "insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section 11 — LIABILITY COV- ERAGE item f. is added as follows: Your "employee,, while using his owned "auto", or an 'IaUtO" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto", This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION 11 — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition: of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. We waive the right of recovery we may have for pay- ments made for "bodily injury" or "property damage" on behalf of the persons or organizations added as ` °insureds" under Section III — LIABILITY COVERAGE — AJ.D. BROAD FORM NAMED INSURED and A.I.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of S1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto"' of the private passenger type. PERSONAL, EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto," that is involved in a covered "Joss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered' "loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows; 2. An adjustment for depreciation and physical con- clition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; Page 2 c)f 6 b. The purchase price, as negotiated by us, of a now vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; 25392074 � Gi­i. 1 2✓15 Ala Lin— I Cinni� Suo-aman— I E/30/20 A,5 11 : 59 i 06 AV ODT) 1 uacp r, 3 of 9 TSCM CORP A-2014-355 REVIEWED BY: -EUNICE HEREDIA (PG 4 OF 9) c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 lbs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases, TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means, a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States, Preferred Insurance Company h. Safeco Insurance Company of Illinois LOANILEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss", less any one or all of the following adjustments: (111) Overdue payment and financial penalties associated with those payments as of the date of the "loss (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, (4) Transfer or rollover balances from previous loans or leases, (5) Final payment due under a "Balloon Loan ", (6) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". (9) Any amount representing taxes. (10) Loan or lease termination, fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" in any one The requirement in LOSS CONDITION 2.a. — "accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a S1,500 maximum limit: SUIT OR LOSS — of SECTION 1V — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 103 07 Page 3 of 6 EP ", � � 4 2 , 2074 1 Gi­i� 11 2�1 9 All Lin— p Lanni 6/30/20ll 11:5.8 ;06 AF (PUJ P-T,2 4 of 9 TSCM CORP A-2014-355 REVIEWED BY 141"4�, � , EUNICE HEREDIA (PG 5 OF 9) .accident" applies only when the "accident" is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable (1) You, you are an Individual; to any covered "auto"' you own. if (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation, UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following. If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph 13.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is 550,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, HIRED AUTO PHYSICAL DAMAGE COVERAGE LOSS OF USE SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto,, if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE X We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto", No deductibles apply to this coverage. B. We will pay only for those expenses incurred: during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss," results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on Page 4 of 6 293'�2 07,1 1 Co.— 1 -1015 A I I Lin— I Gi..ie I 6/3E7/210 IS 11: 58 : Or, AM ( DDT 1 11 1.tjg,. 5 of 3 TSCM CORP /1-2014-355 REVIEWED BY EUNICE HEREDIA (PG 6 OF 9) Rental Reimbursement Coverage Form CA 99 2& AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "autols" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used' with the electronic equipment described in paragraph A.1. above, However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's'" operating system; or the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or lb. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. If a repair or replacement results in better than like kind or quality, we will' not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss"' to audio, visual or data electronic equipment caused by fire or lightning. 2. a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the Sound reproducing 3. equipment is permanently installed in the covered "auto "„ and b, permanently installed in the opening of the dash or console normally used by If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen, property will be reduced by a $100 deductible. If "Joss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, CA 71 10 03 07 Page 5 ol' 6 EP 2S]92014 1 G.-n— 1 201s Alit td nes I Ci� Usk.­­ I i/� (A /2015 11.53:05 AM tN)T) rsciq CORP A-20,14-355 REVIEWED BY: EUNICE HEREDIA (PG 7 OF 9) return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding will be reduced by a $100 deductible. the following; 4. In the event that there is more than one ap- Q. "Personal effects" means your tangible plicable deductible, only the highest deduct- property that is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools, jewelry, money, or securities. deductible apply. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 ot 6 Gi­i. p 2015 All Lin—, BUL rnarltt� I b/_30/20Ls 11 ;9,�;06 N (PDT p Merge � of ORP A-2014-355 REVIEWED BY EUNICE HEREDIA (PG 8 OF 9) 6130Tk%c POLICY NUMBER: LA15CGL0195681C COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A This endorsement modifies insurance provided under the followinij. COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMP'LETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed In writing In a contract or agreement that such person or organization he added as an additional insured on your policy, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to inaltiripas nn additional insured the pp.r,.;nn(.R) or organizallon(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by .'yuui- work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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. CG 20 37 0413 B. With respect to the insurance afforded to these widifinnn] inqiirprls, the fnilowing is Added to Section IIIII - 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 253921374 1 1 2015 All Lines 1 Gs-d. 13-1-1,11i— 1 6/311/200, 11,x8:01 M4 {-Mp I P­ 9 o I S 6/306 fb COR�P A-2014-355 REVIEWED BY E-UNICE HERE DA (PG 9 OF 9) 6 LA15CGL0195681C COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY CO The following is added to the Other Insurance (2) Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 VERAGE PART You have agreed in writing in a contract or agreement that this insurance, would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 @ Insurance Services Office, Inc., 2012 Page 1 of I 2w392014 11 G—nie 1 12015 All Lines I Gj. Sus a�.nr I 6/+0,12015 11:x8;06 Am (11DTY p 1.g 9 t 9 AC" R" RrJa i.. V'.a -I1A CERTIFICATE OF LIABILITY INSURANCE r ATE (MMIDDr(YYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 1212912015 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 pDlicy(ies) musk 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 ® Spectrum PIS�C Managerrtent CONTACT NAME: Account Manager 74 Q ISCQVOry Irvine, CA 9261$ PHONIE FAX 949 -76 -5730 Arc No : 949 756 -5740 E -MAIL ADDRESS:, office@spectrumrisk.com LAI6CGL0195681C INSURER(S) AFFORDING COVERAGE NAIL N INSURER A : Navigator's S ecialt Insurance Co. 36056 www.spectrumrisk.com OC77485 INSURED TSCM Corp. INSURER B :. General Insurance Company p of America 24732 TSCM Corporation of Arizona ur INSURER C : National Union Fire Insurance Co. of Pittsb h,PA 19445 INSURER 0 Cypress Insurance Co. 10855 Pa ano Investment Group, LLC Ml Jamestown Lane Huntington Beach CA 92647 INSURER INSURER F COVERAGES CERTIFICATE NUMBER: 27856147 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. INSR LTR TYPE, OF INSURANCE ADDL INSO SUBR POLICY NUMBER POLICY EFF MWDOrYYYY POLICY EXP MMIDIDfYYYY LIMITS A „/ ',.. COMMERCIAL GENERALLIABILITY LAI6CGL0195681C 11112016 1/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE ® OCCUR DAMAGE TO RFN TED PREMISES Fa occurrence '... $ 100,000 V MED EXP IAny one person) $ 5,000 Deductible- '.`x2500 PERSONAL .BADVINJURY $ 1,000,000 V Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY. JPRO F-1 LOC PRODUCTS - COMPIOPAGG $ 2.,000,000 $ ETHER: B AUTOMOBILE LIABILITY 24CC2983865 11102016 1/1!2017 ECOMBINED INGLE LIMIT $ 1,000,000 BODILY INJURY I, Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) $ NON -OWNED HIRED AUTOS AU'ros PROPERTY DAMAGE $ P ®r accident.. ✓ edcutible -0 C ✓ UMBRELLA LIAB acUUR BE 010338524 111/2016 111/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5..,000,000 EXCESS LIAa CLAIIMS -MADE nED ✓ R'ETENTION$O $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR PARTNEWEXECUTIVE Y TSW'C603136 71112015 711/2016 / STATUTE HRH - F.L. (EACH. ACCIDENT $ 1,000,000 OFEICERIMEMBER EXCLUDED? A NIA I F.L. DISEASE - FA EMPLOYEE! $ 1 ,000,000 (Mandatory in NH) If yes . descnbe under DESCRIPTION OF OPERATIONS below E.. L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS P LOCATIONS f VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space is required) Re: The Depot at Santa Ana -1000 E. Santa Area Blvd. Santa Ana CA Dino, its officers, agents and employees and the City, its officers, agents and employees are additional insureds with respect to the general liability per the attached' blanket carrier form. Primary and non - contributory wording applies. R"IwV 1VEI) E "I'� ti Et NICEE HEREDIA FIG ol.._ ). CERTIFICATE HOLDER CANCELLATION Re: The Depot at Santa Ana -1000 E. Santa Ana Blvd. Santa Ana CA Santa Ana ire NQnai Transportation Center San Santa Ana orl Public Works t ion Agency 20 Civic Center Plaza, M -21 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Jim Waterhouse O 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01,) The ACORD name and logo are registered marks of ACORD 27B,E147 i u s7 e 1 20.16 All Lines fi ,ulnae austarzante i 12L2_1/2rr_E 20:0E:20 IIA (e:,r) I ?age a, Of s 12/29/2015 POLICY NUMBER: LA16CGLO19568]C COMMERCIAL GENERAL LIABILITY CIS 20 37 04 13 a= Ly =1 ■ youg givi I [q This eridursernent modifies insurance provided under the fuWwiny: =1=9X*1:1:3 VrAll 1111*104"FAIM111111 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization ft-A- whom you are performing operations when you and such person or organization have agreed in writing in a contract or Agreement that -qLir-h person or orannization he added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to inchirlp. as an additional insnrp.d: the par-,nn(s) nr organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 insi irp.ris, than fnllnwinC) m,; Pirldpril to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we wiil pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Avallabie 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, REVIEVVED BY� CG 20 37 014 13 Oc Insurance Services Office, Inc., 2012 27655147 1 Gi­� 1 1 2016 All Li—S 1 G4 �In1P BU,;taMant� 11 12/29/2913 la : C i ; 20 AM ( PST) 1 2 nP 3 E1,H',110E [-IEREDA (PG �,7, U Page 1 of 1 12/29/2015 LA16CGL0195681C COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 • SM 1:4 RNA 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 supersedes any provision to the contrary: Primary And Noncontributory Insurance 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 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. "IEWEDMED BY"� CG 20 01 04 13 @ Insurance Services Office, Inc., 2012 2783S147 I Gin r. e 1 2D16 A'1. Lin--a I :iinnie Bust am.antc 4. 5 10: 03 : 20 AM I PST I I Page 3 of 3 EUN�CE HEFZED�A L'31) Page 11, of 1 AC OR 7 0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 6/28/2016 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(les) must have ADDITIONAL INSURED provisions or 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 Spectrum Risk Management 74 Discover y Irvine, CA 9261 S CONTACT NAME: Account Manager - ��PHONE — FAX t yA);___ -949- 756 -5730 (A19,_N__ol: 949- 756 -5740 E-MAIL ADDRESS: office@ spectrumris k. com INSURERS) AFFORDING COVERAGE NAIC N A__NaV_i- gators Specialty Insurance. Co, — 36056 www.spectrurnrisk.com OC77485 _INSURER INSURED TSCM Corp. TSCM Corporation of Arizona Pappano Investment Group, LLC 17781 Jamestown Lane Huntington Beach CA 92647 INSURER B General Insurance Company_ of America 24732 INSURERC:: National Union Fire Insurance Co, of Pittsbur h PA 19445 INsuRago__ypress Insurance Co. 10855 INSURER E: INSURER F _ CnVFRAGFS CERTIFICATE NUMBER: 'inhFAgAd 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. _ -- INSR LT- TYPE OF INSURANCE _ At DD BURR POLICY NUMBER M� DDtYYYY POLICY LIMITS A COMMERCIALGENERALLIABILITY LA16CGLO'195681C 1/1/2016 1/1/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE 1-41 OCCUR _ DA PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 ✓ Deductible- $2500 ✓., Contractual Liabil�,_ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLI ES PER: GENERAL AGGREGATE $ 2,000,000 r/ I PRO- —� POLICY u JECT LOC PRODUCTS COMPIOPAGO $ 2,000,000 _ -_ $ OTHER: B AUTOMOBILE LIABILITY 24CC2983865 1/1/2016 1/1/2017 COMBINED ISINGLE LIMIT $ 1,000000 BODILY INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -AWNED AUTOS ONLY _ AUTOS ONLY BODILY INJURY (Per accident) $ I PROPERTY DAMAGE Per accidgpt? - -_ -_ $ $ Deduutible-0 i C / UMBRELLA LAS OCCUR BE 010338524 111!2016 1/1/2017 EACHOCCURREN_CE $ 5 000 000 AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS -MADE '�, DED ✓ RETENTION $0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR /PARTNERIEXECUTIVE YIN OFFICER /MEMBER EXCLUDED? � (Mandatory In NH) NIA TSWC706736 7/1/2016 7/1/2017 PER OTH- STATUTE __ER ___ E. L. EACH_ ACCIDENT $ 1,000,000 - _ - - --- -- E. D EASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT S 1,000,000 If Yes, describe under DESCRIPTION OF OPERATIONS below �.C.VIFV'VED L"IY'.. r"r FUNIt '. _ e_._...__,...,__ ......... ........._. �.... _. ..z-. HER DIA (Pfa rJ1 1 .........._.....,�_....J DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Romarks Schodulo, may be attached If more space Is roquirad) Re: The Depot at Santa Ana -1000 E. Santa Ana Blvd, Santa Ana CA Dlne, Its officers, agents and employees and the City, its officers, agents and employees are additional insureds with respect to the general liability per the attached blanket carrier form. Primary and non - contributory wording applies. C Santa Ana Regional Transportation Center C/O Santa Ana Public Works Agency 20 Civic Center Plaza, M -21 Santa Ana CA 92701 ACORD 25 (2016103) Santa 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 Jim Waterhouse O 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3oG5039 I Ginnie 1 2016 A11 Liaee I Ginnie ruecamance 1 6/28/2016 3:49:57 PM (pD'r) I Page 1 of 3 POLICY NUMBER: LA16CGLO196681C COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lTCAREFULLY. This endursenient modifies Insurance pruvided under the fullowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or ory.anizatlon fbr W110111 YOU are performing operatlons when you and such person or organization have agreed In writing in a contract or agreement that SLIch pers;on or organization he added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown In the Declarations, A, Section U~ Who IsAn Insured |a amended to ind/xlp as nn n,NfihnnI inx ondthn (y) or oqJon|ze1|on(s) shown |n the Schedule, but only with respect ho liability for "bodily in]ury'nr "property damage" caused, In whole or In part,,by .'your d<' at the location designated ond described |n the Schedule of this endorsement performed for that additional Insured and Included |n the "producte-oomp|e[adoperations hazard", 1. The Insurance afforded 1omuohaddidona Insured only applies to the extent permitted by /mm'. and li If coverage provided to the additional Insured Is required bya contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required bv the contract oragreement to provide for Such additional Insured. B, With respect to the Insurance afforded tothese mid|d"on||m*/orly. the fn|lnw|nO|wnddedfn Section U| ~ 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 Umitsof Insurance shown |n the Declarations; whichever |aless, This endorsement shall not Increase the applicable Limits of Insurance shown |n the Declarations, CG2D37O413 K%Insurance Services Office, Inc,, 12 Page 1 of 1 REVIEWED BY. AZ EUW1EHEF,EMA(P(3Z_�F COMMERCIAL GENERAL LIABILITY CG2O01 O413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD U CTS/COM PLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision tuthe contrary: Primary And Noncontributory Insurance This insurance |a primary to and will not seek contribution from any other Insurance available boan additional insured under your policy provided that (1) The additional insured imo Named Insured under such other insurance; and CG 20 01 04 13 (2) You have agreed in writing ino contract or agreement that this insurance would baprimary and would not seek contribution from any other insurance available to the additional insured, @ Insurance Services Office, Inc,, 2012 30694939 1 Ginnie 1 m," All Linea | n^nn^°m=��"tO 1 wm/xm, 3.^9.57 W4 | my 3 )E 3 Page 1 of I