HomeMy WebLinkAboutOVERLAND, PACIFIC & CUTLER (3) - 2015w W
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
A-201 6-162
THIS AGREEMENT is made and entered into tivs 5a' day of August, 2015 by and 'between Overland,
Pacific and Cutler, Incorporated, (hereinafter "Consultant'), and the City of Santa. Ana, a charter city and
municipal corporation organized and existing imder 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
Acquisition and Relocation Services,
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
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 B. The total sum to be expended under this Agreement
shall not exceed $300,000 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing wort, 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 and Scope of
Work, which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on August 5,
2018, unless terminated earlier in accordance with Section 15, 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 Consudtant 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. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non- exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents and Data at any time, provided that any such use not
within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, 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, with $2,000,000 in the aggregate.
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 with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
(i) Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be cancelled or
reduced in coverage or changed in any other material aspect, by consultant,
without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a filly executed additional insured
endorsement.
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 affect 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.
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 negligent 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 I of this Agreement; and (2) from any claim that
personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of
the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies
to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or
effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay
all costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, ,just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may make
all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the
foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above
indenmity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out
of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
S. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed trader
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred trader this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care, "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (c) is independently developed by the Consultant without reference to
information disclosed by the City.
11. 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 in Certifications,
Exhibit C, attached hereto and incorporated in this Agreement by reference.
12. 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 fax 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:
To Consultant:
Fred Mousavipour;
Executive. Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M -21)
P,O. Box 1988
Santa Ana, California 92702
Fax 714 -647 -5654
Overland, Pacific & Cutler, Inc.
Mark La Bonte, SR/WA, Vice President
1 Jenner, Suite #200
Irvine, CA 92618
mlabontena oocservices com
949- 951 -5263 (Office)
949- 951- 6651(Fax)
Jose Sandoval
Assistant City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714 - 647 -6515
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
fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time
set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth
above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays
shall be excluded.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or 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.
14. 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.
15. 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.
16. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications, Exhibit
C, attached hereto and incorporated in this Agreement by reference.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined
and governed by the laws of the State of California. Both parties further agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
the laws and regulations of the United States, the State of California, the City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Each undersigned represents and warrants that its signature herein below 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:
CITY OF SANTA
Mm7a D. Huizar —DR d Cavazo
Cleric of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
B
J andoval erland P .ifrc " utler, Inc.
As Want City Attorney Mark La B }rte, Vice e i e t
Tax ID # Me �J�F5
FOR APPROVAL:
ive Director
Works Agency
EXHIBIT A
SCOPE OF SERVICES
June 8, 2015
Mr. Kenny Nguyen
City of Santa Ana
Public Works Agency
20 Civic Center Plaza; 3rd
Santa Ana, CA 92701
Floor Reception, Ross Annex
Re: RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
Dear Mr. Nguyen:
i Jenner, Suite 200
Irvine, CA 92618
949.951.5263 ph 1 949.951,6651 fax
Overland, Pacific & Cutler (OPC) understands the City of Santa Ana is seeking professional
consulting firms to provide right of way and related services on an as- needed basis. We are
pleased to submit this proposal for specialty area (A4) Acquisition, Relocation, and Property
Management Services.
OPC is a California Corporation that has specialized in providing real estate services to
government agencies since 1980. We are prepared to provide the City of Santa Ana with a
qualified team that will successfully execute your projects. OPC has worked with the City of Santa
Ana for almost 15 years, providing services on many projects including the Warner Avenue
project, Bristol Street Widening Project, McFadden Realignment Project, and the Grand Avenue
Widening, among others. We are excited about the opportunity of working with the City again.
On behalf of Overland, Pacific & Cutler, Inc., I would like to thank you for giving us the opportunity
to submit this proposal to provide acquisition and relocation services to the City of Santa Ana. I
will act as the Point of Contact for the city. I can be reached in the Irvine office at 949.951.5263,
or contacted via email at mlabonte(cr�.opcservices.com. We are committed to the City and we
would be proud to be a part of your future projects. We are in receipt of the Addendum released
and have adjusted our proposal accordingly.
Sincerely,
Overland, Pacific & Cutler, Inc.
Mark La Bonte, SR /WA
Program Manager /Principal
RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
Table of Contents
1. STATEMENT OF QUALIFICATIONS ....................................... ..............................4
b. Agreement Statement ................................................................ ...............................
4
c. Understanding of Need ................................................................ ..............................4
AnticipatedApproach ........................................................................... ...............................
4
Tasks Necessary For Successful Completion of Scope ....................... ..............................7
SpecialConcerns ............................................................................ ..............................9
d. Firm and Team Experience ...................................................... ...............................
10
OPC's Experience ................................................................................ .............................10
Project Team and Resumes ................................................................. .............................10
OrganizationalChart ............................................................................ .............................15
e. Relevant Project Experience .................................................... ...............................
16
f. References ................................................................................ ...............................
17
g. Fees ......................................................................................... ...............................
19
2. SCOPE OF SERVICES AND SCHEDULE .............................. .............................19
CERTIFICATIONS........................................................................ .............................21
SPECIAL REQUIREMENTS ........................................................ .............................32
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RFP No. 13 -075 On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition, Relocation, and Property Management Services
BLANK INTENTIONALLY
Page 3
RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
1. Statement of Qualifications
b. Agreement Statement
OPC has reviewed the Agreement and we request no exceptions.
c. Understanding of Need
On -Call R/W Contracts are markedly different from "project specific" R/W contracts. OPC has On-
Call contracts with many governmental agencies and we have served dozens of local public
agencies through On -Call R/W Delivery contracts. These contracts are unique and require a
special skill -set from the R/W services provider.
Availability. First, the on -call R/W services provider has to "be available" now and in the
future for any and all projects requiring support. This takes a large bench of available and
properly trained R/W Professionals — no other firm can match OPC's strength in this area.
Knowledge. The on -call R/W services provider has to be skilled in all aspects of the R/W
process — from title, utilities, Federal and Caltrans processes, design -build guidelines,
appraisal, acquisition, relocation, certification, and through to property management. You
should note that only OPC has expert in- house /employee staff members in these key R/W
roles. Not just for this contract but as the standard operation of our firm.
Consistency. Continuing our relationship with the City of Santa Ana and being available to
you for the years ahead, (especially in today's trying economic climate), necessitates the
selection of a firm that's been around for a while and can assure you of consistency in
management. OPC has been here in the Southland for more than 30 years. You will have the
consistency you require if you select OPC.
Adaptability. The final trait of a successful on -call R/W service provider is the firm's ability to
adapt to the constantly- changing world in which you operate. Your objectives change with
shifts in funding, priorities, politics, approvals, etc. We've seen it all. Yet in spite of it all, we
are able to quickly adapt, re- prioritize, and carry-on to meet the clients' objectives. At OPC,
we never lose sight of the fact that your mission is ours.
Anticipated Approach
Early Project Planning and Management. The first, and probably the most important element of
our Project Management Approach will be to meet with City staff early to determine the project
requirements and objectives and establish lines of communication and reporting requirements.
With each project CTO, OPC will create a comprehensive Right of Way Plan in compliance with
the City's adopted Right of Way Policies and Procedures Manual, a schedule for completing the
work and establish a fixed cost amount in compliance with the City of Santa Ana's CTO
requirements. The tool OPC uses for this phase is a "Project Development Guide" (PDG). OPC
has a PDG for acquisition (and a separate PDG for relocation assistance). The input of the PDG
is performed at the onset of a new project and is typically completed by OPC with collaboration
among the client and the project engineer. The information derived from the PDG is input into
OPC's case management system and allows us to create a formal Right of Way Plan and project
schedule.
OPC's Right of Way Plan and schedule will list each task and identify the activities that must be
completed immediately prior to the start of the next task. OPC's Right of Way Plan will
encompass all phases of R/W work as well as other disciplines to ensure the entire right of way
program is orchestrated effectively and efficiently, without delay to the construction schedule. The
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RFP No. 13 -075 On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition, Relocation, and Property Management Services
key tracking device in OPC's Right of Way Plan is our right of way acquisition case management
system which holds all information about each parcel /interest and will be utilized to generate
status reports, offers, deeds, documents, and any requested project certification. A right of way
schedule will be utilized to monitor the completion of project milestone and the progress of
individual cases.
Preliminary Title Work. Early in design (usually in an earlier phase of project development),
OPC will secure preliminary title information consisting of the property profiles and Assessors
maps available from our subscription services. Once R/W impacts are identified with certainty,
OPC will procure preliminary title reports from a local title company or the preferred title company
of the City. OPC also carefully studies the existing use of the land and the ownership of adjacent
lands to ensure that we do not miss any "larger parcel" identifications involving commonly -owned
parcels not impacted by the project design. The title company will ultimately insure the title to the
property rights we secure.
Pre - Appraisal Activities. Prior to ordering real estate appraisals on the needed interests, we will
carefully study the project needs to create an accurate scope of the appraisal work. We will
identify variable items such as length of time for TCE's, whether the interests need to be staked
or not, preferred treatment of signs and improvements, what assumptions the appraiser will make
regarding soils conditions, larger parcel determinations, etc. We will ensure that proper appraisal
maps and construction drawings (likely at 65% complete) exist and that the legal descriptions and
plat maps are delivered to the appraiser for inclusion in the report. In this phase, OPC will prepare
the acquisition files and present the property owner with preliminary information contained within
a Notice of Decision to Appraise including the City's acquisition policies and procedures.
Acquisition and Negotiation. The Acquisition Package. OPC will receive and review the
completed appraisal, have it reviewed as necessary based on project funding, and secure
authorization from the City identifying the amount of just compensation to be offered. Using input
from our Project Development Guide and Acquisition Plan, OPC will craft individual offer and
agreement packages for each needed ownership and have them signed by the City's authorized
representative prior to delivery. On projects with Federal funding requiring the use of Caltrans
policies and procedures pursuant to a cooperative agreement, or for rights of way that will
ultimately be transferred to State ownership, OPC will coordinate with Caltrans Local Assistance
to ensure that our proposed agreement and deed formats comply with State policies.
Negotiations with the Fee Owner. Before presenting the offer, a trained in -house OPC acquisition
consultant will prepare for the negotiation by completing a comprehensive review of all title
reports and underlying record documents, reviewing the appraisal and engineering plans, legal
descriptions and right of way maps and other information relevant to the project. Our trained
negotiators will personally deliver all offers and negotiate in good faith the acquisition of the
interest while keeping the Project Manager and the City informed of the status of the negotiation
along the way.
Negotiations will involve an interactive, face -to -face discussion with the property owner about
his /her property; explanation of the project and its impacts to the property; explanation of the
appraisal process and how the value was concluded, as well as answering any questions or
concerns the owners may have. All of our agents are licensed with the DIRE and trained to utilize
a non - coercive, integrative negotiation style to overcome all hurdles in reaching a settlement in
the most efficient manner possible. Our agents will negotiate in good faith, with an open mind for
creative solutions that would be mutually beneficial to all parties involved. In the event a counter
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RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
proposal is made, OPC will evaluate its merits and make recommendations if it is felt that an
administrative adjustment or settlement is warranted based on the facts. Supplemental
negotiations may also include addressing any objection or question concerning the project the
owner has by conferring with the City's Project Manager. Negotiations will continue to the point of
acceptance or a determination that no acceptable settlement can be reached. (By way of
example, however, OPC carries a 95% settlement rate).
Settlement /Closings. Upon City approval of the appropriate documents, our negotiator will
request the opening of an escrow through our in -house escrow coordinator by submitting an
instruction letter and providing the purchase contract, requested title insurance coverage and
notarized Deed to the escrow coordinator. OPC will have the title company handle the escrow
activities — typically the same company that supplied the preliminary title reports. OPC will assist
with any due diligence requirements and resolve adverse title conditions preceding the close of
escrow and will coordinate payment of just compensation. The City of Santa Ana will be furnished
with copies of the recorded Deeds and title insurance policies following the close of escrow. In the
event that the property cannot be acquired by good -faith negotiations, OPC's assigned negotiator
or the Project Manager will assist the City with condemnation support by ordering updated
litigation guarantees, coordinating with the attorney and any other tasks necessary to take
possession.
During the course of the acquisition process, OPC will maintain a complete acquisition file of all
correspondence, offers and contacts with each property owner and the City. We will provide the
City with written status reports at the prescribed interval and confer with the City's Project
Manager as needed. OPC will maintain a current Acquisition Checklist showing each successfully
negotiated parcel and outline any special terms agreed to with a recommendation for City action.
Escrow Coordination. If by Negotiated Settlement, OPC will assist the escrow /title company
with the following. OPC will open escrow and coordinate execution of closing instructions
providing for title insurance coverage at the settlement amount. We will provide the escrow officer
with the fully executed acquisition contract and the notarized deed. OPC will review settlement
statements for accuracy and coordinate deposit of acquisition price and estimated closing costs
with escrow. After the closing, we will review the title insurance policy for accuracy. Finally we will
prepare and mail a letter to County Assessor requesting cancellation of taxes, if appropriate.
Relocation Services. The first task in the planning phase of a relocation project is the initial
meeting with the affected occupants to provide them with an overview of the relocation process.
During this meeting our agents will explain what they can expect from the relocation program, the
benefits they are eligible to receive, and the advisory assistance that will be provided. The last
task during the planning stage is the preparation of the Relocation Plan. The Relocation Plan will
determine the level of service needed for subsequent relocation assistance activities based on
the personal interviews conducted with all affected occupants. The Plan will thoroughly describe
the affected project occupants, identify the procedures and the program the City will follow,
identify the availability of comparable properties, and provide a relocation budget estimate. Once
the OPC relocation agent confirms that the contact letter was provided to the owner or tenant
(when offer was made), the relocation agent will begin to provide advisory services to any of the
potential displacees. We will meet with the tenant in person to explain the relocation process, the
likely timeline, and the claims- reimbursement policies of the City. One factor that differentiates us
from others is the level of effort we devote to our claimants. We believe in routine personal visits
with families being displaced and a lot of personal attention. This not only speeds up the process,
but builds goodwill in the agency using our service.
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RFP No. 13 -075 On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition, Relocation, and Property Management Services
Property Management. OPC has provided the City of Santa Ana with Property Management on
many projects. In general, our property management services fall under the following four
categories: Lease Agreements. OPC will provide our own lease agreements or use those
provided by the City for all new and carry-over tenants. Lease agreements will be fully executed,
with originals kept on file with terms regularly reviewed and enforced to help protect the City.
Marketing and Leasing. OPC will conduct market surveys and provide results to the City with
recommendations. Decisions will be made to continue renting to current tenants, re -rent vacant
properties where appropriate, or adhere to a "no re- rent" policy for relocation projects where
vacated units will not be made available for re- occupancy, whatever is most advantageous to the
City. Accounting. OPC will establish an expense account on behalf of the City, collect rents,
deposits and other income, pay vendor invoices, utility bills, refunds, and other expenses,
maintain records per generally accepted accounting practices, and provide regular reporting to
the City for complete transparency. Property Monitoring, Maintenance, and Repairs. OPC will
secure properties, regularly monitor them for illegal activity, and perform or arrange for required
maintenance and repairs to help protect the City's assets.
Tasks Necessary For Successful Completion of Scope
The following outlines the sequential and necessary activities to complete Acquisition and
Relocation assignments.
Right of Way Project Management and Document Support 1) Prepare comprehensive project
planning worksheet to ensure all project elements are considered and work plan and City policies
are clearly defined. 2) Comprehensive initial project planning, policy and budget analysis, and
participation in meetings with public and official representatives. 3) Track/manage budgetary-
related aspects related to 'Scope of Work. 4) Assist with development of administrative policies,
procedures, and forms needed to carry-out initial program. 5) Ongoing consultation and project
coordination with City, social service agencies, governmental entities, and project team. 6)
Representation of City at public meetings, hearings, and litigation related matters. 7) Prepare
tracking reports to monitor the completion of project milestones of the various disciplines involved
on the project. 8) Prepare /present monthly written status report based on agreed -upon guidelines
on information to be provided. Confer weekly with City verbally on status, problem areas, and
progress. Participate in Project Development Team Meetings to report on acquisition progress. 9)
Coordinate with federal and state oversight agencies such as Caltrans, etc.
Title Investigation Services 1) Secure vesting deeds, property profile, and tax map for each
property. 2) Secure preliminary title reports for each property (valid fora minimum of 6 months or
until ownership change). 3) Secure copies of recorded back -up documents as needed. 4) Share
preliminary title information with right of way engineer, surveyor, and appraisers for use on the
project. 5) Prepare list of title exceptions to be cleared; confirm manner of disposition consistent
with approved project plan. 6) Facilitate changes to preliminary title reports after preparation of the
legal descriptions, if necessary for partial acquisition projects.
Negotiate Right of Way Settlement/Prepare Acquisition Documents 1) Establish /maintain
complete record file for each ownership in form acceptable to City. 2) Receive and analyze title
info., approved appraisal reports, and legal descriptions in sufficient detail to negotiate with
property owners and other parties. 3) Prepare offer letters, summary statements, and lists of
compensable items of fixtures /equipment in accordance with state or federal regulations and
approval of City. 4) Present written purchase offers to owners (or representatives) in person, when
possible. Secure receipt of delivery of offer as practical and present and secure tenant info.
statements, as applicable. 5) Notify relocation agent of initiation of negotiations within 2 business
days and provide appraisal info., occupant contact info., and tenant info., as necessary. 6) Follow-
Page 7
RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
up and negotiate with each property owner, as necessary; prepare and submit recommended
settlement justifications to client for review and approval; review any independent appraisal
secured by property owner; coordinate reimbursement of appraisal fees (up to $5,000) with City.
Ongoing negotiations and settlement discussions will continue for 8 weeks after initial offer or until
settlement or impasse is reached. 7) Prepare /assemble acquisition contracts, deeds, and related
acquisition documents required for acquisition of necessary property interests. Legal descriptions
to accompany easements or to accompany partial acquisition deeds are not included in this Scope
of Work. 8) Maintain a diary report of all contacts made with property owners or representatives
and a summary of status of negotiations indicating attitude of owners, problem areas, and other
pertinent information. Copies of all applicable written correspondence are maintained in files. 9)
Prepare impasse letter for any parcel where, after diligent attempts to settle by negotiation,
eminent domain appears needed or prudent to acquire needed interest. 10) Transmit executed
acquisition documents to client. Transmittal package will include fully executed and properly
notarized deed(s), fully executed acquisition contract with attachments, and brief settlement
memorandum summarizing the pertinent data relative to the transaction.
Negotiate R/W Settlement /Prepare Acquisition Documents: Tenant- interests1) After formal'
offer to purchase is delivered to underlying property owner, deliver a "tenant notification letter
outlining tehanfs rights in the transaction and informing them of needed quitclaims of interests. 2)`
Secure copy of lease to determine extent of possessory interest in property to be acquired. 3)
Participate in and /or facilitate discussions between property owner and tenant regarding
apportionment of just compensation, ownership of fixtures and equipment or improvements, and
other elements needed to secure tenants' voluntary settlement of rights and interests. 4)' Present;
unapportioned offer to 'purchase leasehold interest and fixtures /equipment to tenant as may be
required to facilitate settlement by eminent domain. 5) Prepare purchase agreements and deeds
for acquisition of tenants' rights and property.
Title Clearance /Escrow Coordination 1) Work in conjunction with escrow officer to facilitate the
clearance of title matters as set forth in settlement memorandum and escrow instructions. 2)
Coordinate payment of taxes due and release of liens. 3) Secure full or partial reconveyance
instruments from lien holders of record. 4) Coordinate lost instrument bonds, as necessary. 5)
Coordinate and facilitate recordation of corrective deeds to clear vesting issues. 6) Secure
subordination agreements from conflicting easement holders, as needed. If Negotiated Settlement:
OPC will assist escrow /title company with the following: 1) Open escrow and coordinate execution
of closing instructions providing for title insurance coverage at the settlement amount. 2) Provide
escrow officer with fully executed acquisition contract and notarized deed. 3) Review settlement
statement for accuracy. 4) Coordinate deposit of acquisition price and estimated closing costs with
escrow. 5) After the closing, review title insurance policy for accuracy. 6) Prepare and mail letter to
County Assessor requesting cancellation of taxes, if appropriate.
Eminent Domain Assistance If Settlement by Eminent Domain; OPC will assist eminent domain
counsel; 1) Prepare letter for City's counsel requesting proceeding to condemnation. 2) Provide
counsel with available right of way maps and legal descriptions, preliminary title reports, title
review documents, and contact info. of each owner or interest holder. 3) Provide eminent domain
counsel with duplicate copy of parcel file, together with a copy of appraisal, offer to purchase,
correspondence, acquisition contract, and deed as presented. 4) Convert preliminary title reports
to litigation guarantees for eminent domain counsels' use. Title company fees (based on value of
the interest required) are additional.
Relocation Assistance Services. 1) Secure basic case information and set up /maintain case file
with documentation /diary throughout course of involvement with claimant. 2) Conduct initial in-
depth Feld interview; document rent, income, family size, names /ages of occupants; determine
relocation needs and special requirements; provide general info notices and brochures; and
explain relocation process and benefits. 3) Provide ongoing advisory assistance to minimize
Page 8
RFP No. 13 -075 On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition, Relocation, and Property Management Services
hardships on claimants, referrals to /coordination with community service resources, public
housing, and public services. 4) Document current rent paid. 5) Verify income using pay stubs, tax
returns, and /or cash affidavit. 6) Assist with the reconciliation of FF &E ownership among owner
and tenant. 7) Create rent schedule (if authorized by City). 8) Search /document comparables for
claimant provide referrals with 3 sets of additional housing referrals every 4 -6 weeks; search for
available sites until at least one appropriate site has been found or determined that no such site
exists. Provide evaluation form requesting feedback as to suitability of site referral; attempt to
secure response from claimant. 9) Prepare letter of eligibility based on most appropriate
comparable with authorization of City. 10) Deliver letter of eligibility to claimant and discuss
findings /impacts on occupant. Amend letter of eligibility one time if economics of the comparable
availability changes over course of assignment. 11) Prepare and deliver 90 -day notices to vacate
no later than 12 weeks after general info notices delivered. 12) Arrange for transportation to view
replacement sites and assist claimants with selection of a replacement site, with lease offers,
review of rental agreements, and with move bids or fixed moving payment. 12) Inspect selected
site to ensure decent, safe, and sanitary requirements. 13) Monitor replacement site escrow and
explain relocation process to agentlescrow officer. 14) Review /discuss claimants' moving plans,
build -out specifications, and personal property inventory; coordinate eligibility limitations in
advance of physical move. 15) Verify vacation of the displacement site; secure certificate of
abandonment. 16) Determine eligibility for proposed amount of relocation benefits including
actual /reasonable moving payments, rental /purchase differential payments, re- establishment
payments, and /or fixed payments. 17) Residential moves: secure /process an advance claim to
assist with move and second final claim incorporating moving costs and rental /purchase
differential payment once family has moved to site. Non - residential moves: secure /process moving
assistance, re- establishment, in -lieu, or settlement claims ensuring no item was duplicated in
acquisition process. 18) Claim will be signed by claimant, supported by appropriate back -up and
reviewed by OPC's project manager for recommendation before submitting to City for approval.
Each claim check will be delivered to claimant in person (as feasible) and a receipt of payment will
be secured.
Property Management Services. Pre - Possession: 1) Determine whether there are any vacant
units at time of acquisition; prepare /present Rent to Hold agreement to property owner; secure'
agreement (covering units vacant at start of negotiations). 2) Prepare /present Loss of Rent
agreement to property owners; secure" agreement (covering units vacated by relocation agents
prior to closing escrow). 3) Coordinate with relocation agent to capture and track vacate dates for
claim processing. Post Possession Interim: 1) Prepare /deliver rental agreements with project
objectives (if desired). 2) Collect /deliver monthly rent payments to City. 3) Prepare /deliver required
notices. 4) Manage emergency and unsafe condition repairs. 5) Contract on -going building /ground
maintenance. 6) Manage payment of vendor fees and utility bills. 7) Collect keys /verify
abandonment. 8) Provide monthly reporting to City. Post Possession: 1) Contract board -up,
fencing, and security services as units become vacant. 2) Provide utility disconnection /meter
removal. 3) Provide asbestos and demolition cost estimates. 4) Coordinate asbestos abatement
and demolition contractors.
Special Concerns
We will continue to build our working relationship with the City of Santa Ana, and provide regular
lines of communication to resolve any special concerns or issues that arise, reporting on any that
need immediate resolution. We prefer proactive approaches to project issues, and provide
thorough advanced planning to manage any project risks.
Page 9
RFP No. 15 -044 — On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition /Relocation /PM
d. Firm and Team Experience
rte"
Overland, Pacific & Cutler (OPC) was established as a California Corporation in 1980 to provide
professional services for clients with projects involving right of way program management, land
and right of way acquisition, feasibility analysis, real estate appraisal, appraisal review, relocation
planning and implementation, property management, and utility coordination. Our firm was
created to perform these services for transportation, development, public works, housing,
community development, school districts, energy, and utilities. Local, regional, state, and federal
agencies call upon OPC to provide on -call and project based real estate services for their most
challenging assignments.
The following outlines the proposed team, including the (approximate) percentage of time each
team member will devote to the project. One page resumes for the key team (denoted by *) are
included on the next pages. (Truncated due to page limitations).
Project Management /Project Initiation
Sr.
Mark La Bonte*
Principal -in- Charge
Darryl Root, R/W -RAC*
Program Manager
Daniela Borbe*
Project Manager/
Property Management Supervisor
Negotiation and Acquisition Services
Relocation Agent
Roy Guinaldo Project Manager, Acquisition
Mona Montano
Sr. Acquisition Agent
Mario Cerna
Sr. Acquisition Agent
Albert Harmon
Acquisition Agent
Eddie Quintero
Acquisition Agent
Relocation Assistance Services
Michele Folk, SR/WA, R/W-
RAC, R/W -URAC, R/W -NAC
Chad Wakefield
Laura Kane, SR /WA, R/W -RAC
Micole Alfaro
Jill Craig
Karen Christie
Angie Luna
Eddie Quintero
Sr. Program Mgr., Relocation
Project Manager, Relocation
Sr.
Relocation Agent
Sr.
Relocation Agent
Sr.
Relocation Agent
Sr.
Relocation Agent
Sr.
Relocation Agent
Sr.
Relocation Agent
Property Management & Maintenance
Daniela Borbe Property Manager /Supervisor
Karen Christie Registered Property Manager
OPC Accounting /Finance Accounting, Billing, etc.
OPC In -House Field Crews Property Maintenance
Page 10
Percentage of time to
be devoted to project
25%
40%
50%
30%
25%
25%
25%
25%
30%
30%
25%
25%
25%
25%
25%
25%
50%
50%
As Needed
85%
RFP No. 13 -075 On -Call Right of Way Specialty Services
Specialty Area (A4) Acquisition, Relocation, and Property Management Services
Organizational Chart
The following identifies the team who will perform the work. We have included the percentage of
each individual's time to be devoted to your projects in the project team matrix.
Project Management
+ri ri i� unni�
Project Manager
Dardela Borbe
Project ag P r r r
Mark La Bonte, SR/WA Darryl Root, R/W -RAC
Program Manager /Principal Program Manager
+ A
Acquisition team
Mona Montano A
Albert Harmon
RoyGuinaldo M
Mario Cerna E
Eddie Quintero
Project Manager
Relocation Team I
IillCraig
Chad Wakefield K
Karen Christie t
Michele Folk, SR/WA, R/W -RAC L
Laura Kane, SR/WA, R/W -RAC Angie Luna l
Sr. Program Manager M
Micole Alfaro E
Eddie Quintero
PLOP mt. Svcs Property Services
Karen Christie OPC's In-HpuSe Crew
DanielaBorbe OPCAccounting /Finance €
Property Mgmt. Supervisor j
As stated in our cover letter, Mr. Mark La Bonte, SR /WA, will act as the primary contact to the
City of Santa Ana.
Page 15
EXHIBIT B
FEE PROPOSAL
Local Assistance Procedures Manual ENIBTT 10 -H
Sample Cost Proposal
E+ Xgi &TT 10 -$ COST PROPOSAL
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS)
(CONSIRUCTIONENGWEERING AND INSPECTION CONTRACTS)
Consultant c Subeonsultant: Overland. Pacific & Cutler. Inc. ContractNo.: On -Call Date: 0 610 2 /20 1 5
Fringe Benefit 42.3% + Overhead 117.7% + General Administration 00/a - Combined Indirect Cost Rate (ICR)160%
(=
0% if Included in 014) (= 0% if Included in OH)
FEE % = 10%
U NA7riLNlcAMtimr lr71,.,r_rrrtIw
CALCULATION INFORMATION
NamelJob Title/Classifrcation'
Hourly Billing Ratesz
Effective date of hourly rate
Actual or Avg.
% or $
Hourly rage -
S might OT(1.Sx) OT(2x)
From To
hourly rate'
increase
for classifications
onl
Mark LaBonte: Principal in Charge
$226.88
$340.33
$453.77
01/01/2015
12131!2015
$79.33
3.0%
Not Applicable
Daniels Borbe: Project Manager
$118.52
$177.78
$237.04
0110112015
12/3712015
$41.44
3.0%
Karen Christie:Pr •Manager
$89.06
$133.59
$178.12
01101/2015
1281/2015
CamermHollomam Project Support
$60.06
$90.09
$120.12
0110112015
12131/2015
$21.00
3.0%
Not Applicable
Miguel Mmn'llo: Project Support
$60.06
$90.09
$I20.12
0110112015
1213112015
$21.00
3.0%
Freddie Coilazo -Crew Leader
$44.33
$66.50
$88.66
01101(2015
12t31u2015
$1550
3.0%
Not Applicable
p Jorge Gutierrez- Crew Member
I Jose Govea -Cre.v Member
$37.18
$34.32
$55.77
$51A8
$74306
$68.64
Otr'01/2015
01/01/2015
12/31/2015
1213112015
$13.00
$12.00
3.0%
3.0%
LadanianNable- CmivMember
$28.89
1 $43.33
$57.77
0110112015
12/31/2015
$10.10
3.0%
I. Names ano ciassiticanoas of cousaaam (Key stair) ream memoeas muse oe nsieu. rruvfuc scyai z¢c succu ,ua 1r�,,.,e ^,•� a.. nuua+,unw � .. +++,++�.
2. Billing rate= actual houdv rate x (1 +ICR) * (1+ Fee). Agreed upon billing rates are not adjustable for the term of contract
3. For named employees ender the actual hourlyrate. For classifications only, enter the Average Hourly Rate fordat classification.
NOTES:
Denote all employees satjeam pawailingwagev ifh ae asterisks (')
• Fm "Oflim Direct Cosf tisfmg see page 2 offfiis Exhibit
Page 1 of 5
LPP 15 -01 January 14, 2015
Local Assistance procedures Manual EXHIBIT 10-H
Sample Cost Proposal
Exnvm 10 -H SAmpix COST PRoposAL (ExAmpLE 42) Page2 oft
SPECMC RATE OF CO WO SATION (USE FOR ON -CALL OR AS -19E®E6 CONTRACTS)
(CONSTRUcwoNFx,GnNEERANGANO TNSPEcnoxCONTRACTS)
Consultant or Subconsultaut Overland. Pacific & Cutler. Ina COr&act NO. On -Call Date 5 -2 -2015
SCHEDULE OF OTBER DIRECT COST ITEMS
PREME CONSULTANT
SUBCONSULTANT 41
SUBCOWSULTANT 92
DESCRIPTION OF
t ITEMS
UNIT
UNIT
COST
TOTAL
DESCRIPTION OF
ITEMS
UNIT
UNIT
COST
TOTAL
DESCRIPTION OF
ITEMS
UNIT
UNIT
COST
TOTAL
Admen
Special Tooling
Special Tooling
A. Mail Services
Actual
A
A.
B. Title Reports
Actual
B.
B.
C.
C.
C.
Travel
Travel
Travel
A Mileage
Actual I.A.
A.
B. Accommodations
Actual
B.
13.
C.
C.
C.
FRAME TOTAL ODCs =
SUBCONSULTANT 91 ODCs =
SUBCONSULTANT #2 ODCs =
LMPOPTANTNOTES:
1. List direct cost items with estimated costs. These costs should be co apetil ive in their respective industries and supported will appropriate documentations.
2. Proposed items should be consistently billed directly to all clients (Commercial entities, Federal Govt., Stine Govt, and Local Govt Agency}, and not just afien the client will pay
for them as a direct cost
3. Stems when incurred for The some pm'pose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual eostwith supporting documentation (invoice).
5. Stems listed above that weld be considered "tools of the trade" are notreimbrusable as other direct cost
b. Travel related costs should be pre-approved by the contracting agency.
7. If mficage is claimed, the race should be properly supported by the consultants calculation oftheir actual costs for company vehicles. In addition, the miles claimed should be
sapporQ by mileage logs.
S. If a consnitamt proposes rental costs for a vehicle; the company matt demonstrate that ibis is their standard procedure for all of Hteir contracts and that they do not own any vehicles
that could be used for the same purpose.
Page 1 of 5
LPP 15-01 January 14, 2015
EXHIBIT C
CERTIFICATIONS
APPENDIX
ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PROPERTY MANAGEMENT SERVICES
RFP NO.: 15 -043
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER 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 BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or
agreed with any BIDDER or anyone else to put in a sham arid, or that anyone shall refrain from bidding; that the BIDDER has
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other
BIDDER, 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 BIDDER 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. BIDDERS are cautioned that making a false
certification may subjpct-t certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this _ day of __, 20_, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
—'see 0 4ae�e4
Notary Public Signature Notary Public Seal
City of Santa Ana RFP 15 -043
Page 20
JURAT
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
Countyof (96-atc
I
Subscribed and sworn to (or affirmed) before me on this Zµ0 day of 1.44ALO
20�by Nlaxlz_ 12al afmAJ LO0.1�4e
proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
A R
3054838
NOfAfl-CALIFORNIA N
00,
7E
ORANOE COUNTY ^r
0
CAA lie Lie 18
iY�UUU MY 60YN. 04A P. JBe5O.
Signature (seal)
OPTIONAL INFORMATION INSTRUCTIONS
The wordfng of all Jurats completed in California after January 1, 2015 most be in the fear
as set forth within flits Jurat. Thera are no exceptions If a Juref to be completed does not
follow Ibis form, the notary most correct fire verbloge by using ajurst stamp containing the
coned wording or Clinching a separate jurat fora such as this one with deem contain the
proper wordtng. In addfiion, the notary must require an 0001 or of inmithei from file
DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the fm@fulomis of the contents of the document. The
/� ' //��QQ� tt document must be signed AFTER the sale or effirm0on. If the document was prevlously
Hm4k— I30-iluk4a {rycE.�gQ9t Y& signed, limustbe tesignedin frontof thenoterypubiicdunngihejuratprooss.
-
(Title or descperiplo�_n of attached docum�ent'%
� k m 4(S -' — iJC"f�tf 3 State and county Information must be the state and county where the
h /.'!'.f document signer(s) personally appeared before the notary public.
(Title or tleBcription of attached documentconlinued) . Date of notarization must be the date the signer(s) personally
appeared which must also be the same date the jurat process is
I I completed.
iS �! JJ
Number of Pacdes +� Document Date Print the name(s) of the document signer(s) who personally appear at
the time of notarization.
. Signature of the notary public must match the signature on file with the
Additional Information office of the county clerk.
. The notary seal Impression must be clear and photographically
reproducible. Impression must not cover had or lines. If seal impression
smudges, re -seal if a sufficient area permits, otherwise complete a
different jurat form.
•: Additional information Is not required but could help
to ensure this jurat is not misused or attached to a
different document.
Indicate title or type of attached document, number of
pages and date.
. Securely attach this document to the signed document with astapie.
2015 Version uvww.NOtaryClasses.com 600-II73 -0865
APPENDIX
ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PROPERTY MANAGEMENT SERVICES
RFP NO.: 15 -043
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her k nowledge and
belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the malting of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities ".
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section
1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly.
Firm Overland, Pacific & Cutler, Inc.
Signed and Printed Name; Mark La Bonte, SR /WA
Title Program Manager /Principal
Date 6/8/2015
City of Santa Ana RFP 15 -043
Page 21
APPENDIX
ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PROPERTY MANAGEMENT SERVICES
RFP NO.: 15 -043
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:
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 /she 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 furnish 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 Government contracts or federally
assisted construction 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 shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
City of Santa Ana RFP 15 -043
Page 22
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 Contractor becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works 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 of public works violating this Section is subject
to all the pena 'e ' posed for violation of the Chapter.
ail aim
Signed:
Title: Program Manager /Principal
Firm: Overland, Pacific & Cutler, Inc.
Date: 6/8/2015
City of Santa Ana RFP 15 -043
Page 23
EXHIBIT D
ADDITIONAL PROVISIONS
Local Assistance Procedures Manual EXHIBIT :10 -I£
Consultant Certification of Contract Costs and Financial Management System
EXHIBIT 10 -Ii CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL
MANAGEMENT SYSTEM
(Note: If requesting to utilize the Safe Harbor Indirect Cost Rate subnut Attachment .1 of
DLA -0B 13-07- Safe Harbor Indirect Cost Rate for Consultant Contracts found
at http: / /w)vw.dot eagov/hrl/LocalPrograms/DLA_OB /DLA OB.htnt in lieu of thisfora:.)
Certification of Final Indirect Costs:
Consultant Firm Name: Overland, Pacific & Cutler, Inc.
01/01/2013 -
Indirect Cost Rate: 160% * for fiscal period 12131/2013 (mm /dd/yyyy to mm /dd /yyyy)
*Fiscal period covered for Indirect Cost Rate developed (not the contract period).
Local Government: City of Santa Ana
Contract Number: On -Call
Project Number: 15 -044
I, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal
period as specified above and to the best of my knowledge and belief:
1. All costs included in this proposal to establish final Indirect Cost Rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48,
Code of Federal Regulations (CFR), Part 31.
1 This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR, Part 31.
All known material transactions or events that have occurred affecting the firm's ownership, organization, and
indirect Cost Rates have been disclosed as of the date of proposal preparation noted above.
Certification of Financial Management System:
I, the undersigned, certify to the best of my knowlccige and belief that our Financial Management System meets
the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of
Title 49, CFR, Part 18.20 to the extent applicable to Consultant.
Certification of Dollar Amount for all A&E Contracts:
I, the undersigned, certify that the approximate dollar amount of all A &E contracts awarded by Caltrans or a
California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies
is $19,045,589 and the number of states in which the firm does business is 3
Certification of Direct Costs:
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost
proposal(s) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost
principles of the FAR of Title 48, CFR, Part 31. Allowable direct costs to a Government contract shall be:
Page I of 2
LPP 15 -01 January 14, 2015
Local Assistance Procedures Manual EXHIBIT 10 -K
Consultant Certification of Contract Costs and Financial Management System
1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated
by the Cost Accounting Standards Board (when applicable).
1 Compliant with the terms of the contract and is ineurred specifically for the contract.
3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design
Related Service Contracts to the extent requirements are applicable to Consultant.
All costs must be applied consistently and fairly to till contracts. All documentation of compliance must be
retained in the project files,
Subconsultants (if applicable)
Proposed Contract Amount (or amount not to exceed if on -call contract): $
Prime Consultants (if applicable)
Proposed Total Contract Amount (or amount not to exceed if on -call contract): $ _ 200,000
Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary):
$
$
$
Consultant Certifying (Print Name and Title):
Name: Mark La Bonte
Title: Program
Consultant Certification Signature s' *:
Date of Certification (mm /dd/yyyy): 06/09!2015
Consultant Contact Information:
Entail: mlabonte @opcservices.com
Phone number: 949.951.5263
**An individual executive or financial officer of the consultant's organization at a level no lower than a Vice
President or Chief Financial Officer, or equivalent, who has authority to represent the financial information
utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract.
Note: Per 23 U.S. C. 112(6)(2)(B), Subconsultants must comply ivith the FAR Cost Prhaciples contained in A8 CFR, Part 31.
23 CFR Part 1723 D ithritions state: Consuttant means the individuat arfirm pavvkling engineering and design related services av a party
to the contract. Therefore, subconsulame, as parties of a contract must complete a certification and send ardginals to AV and keep copies
in Local Agency Project Files,
Distribution: I) Original to 00tmns Audits and investigations
2) Retained in Local Agency Prujeat Files
Page 2 of 2
LPP 15-01 January 14, 2415
Local Assistance Procedures Manual EXHIBIT 10 -01
Consultant Proposal DBE Commitment
DURBIT 10 -01 CONSULTANT PROPOSAL D11T COMMITMENT
(Inclusive of all DBEs listed at hid proposal. Refer to instructions on the reverse side of this form)
Ct1x1s ❑11ant td1 L 0111 1 1e (11SS Se' lion
1. Local Agency Name: City of Santa Ana
2. Project Location: Santa Ana, CA
3,11roject Description: On-Call Real Property Services
4, Consultant Name: Overland, Paclflc & Cutler, Inc.
S. Contract DBE Goal %e 4
DBE Commitment Information
G. Description of Services to be Provided
7, DBE Firm
Contact infenmation
&. DDB Celt.
Number
9. DBH ^%
0
Lp�a1 Agency C onulete thisection�
Claimed
d ^r^
Ile. Lees( Agency Contract Number:
17. todetul -aid ProjectNurubec
18. Proposed Contract Execution Date:,
Local Agency certifies that all DBE certifications are valid and the
information on this form is complete and accurate:
Up,
oi ' at
Mark La Bonte, SR /WA
12. Preparer's Name (Print)
Program Manager /Principal
13. Preparers Title T
6t812015 949.951 Z263
19, Local Agency Representative Name (Print)
20, Local Agency Repre mo tative Signature 21. Date
22. Local Agency Representative Title 23. (Area Code) Tel, No.
14, Datc 15. (Area Code) Tel, No.�
Disiribotlem; (1) Original- Consultant submits to local agency with proposal
(2) Copy - Local Agency tilea
Page 1 of 2
LPP 13 -01 May 8, 2013
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AC C>R"" b CERTIFICATE OF LIABILITY INSURANCE
DATE (MMY00,IYYYYy
1 Oi2/2015
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 pohcy(ies) must be endorsed. If SUBROGATION IS WAlVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement, A staternent on this certificate does Inot confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Venbrook Insurance Services CA Lic OD80832
6320 Canoga Avenue, 12th Floor
Woodland Hills, CA 91367
CONTACT
NAME
PHONE FAX
(AM � NQ, Ems: fNDI: 818,-598-8910
E-MAIL
ADDRESS'
..... ........ INSURER(SV AFFORDING COVERAGE
NANO; 0
COMMERCIAL GENERAL LIABILITY
INSURER A Hartford Accident and ldt.rnnify Coni.aDy
22357
wws,,,.venbrock.coal
INSURED
Overland Pacific & Cutler Inc.
INSURER E Hartford Fire Insurance CoLnp- 1
"19682
INSURER C Hartford CaSualt�.12s_urance C2m any
29424
3750 Sdiaufele AvellUe,
INSURER ID Sentinel Insurance Company, Limited
11000
Suite '150
Long Beach CA 90808
INSURER E Twin City Fire Insuranre Company
29459
INSURER F: Western World Insurance Company
13'196
✓
=1111 a I a rovilli 111MMUS .1tinLififln
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEMOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN"r WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 'THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 6 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSIR
.UTR'
TYPE OF INSURANCE
ADDLSUBR
RTSD
WVD
POLICY NUMBER
POLICY EFF
(MWDD1YYYYj
POLICY EXP
(MMiDD/YYYYj
LIMITS
A
COMMERCIAL GENERAL LIABILITY
✓
721JUNTR7859
611/2015
6/1/2016
EACH OCCURRENCE
CLAINIS-MADE OCCUR
—IDAMAG TLL -'D
IREIIe
E , E��
3 300,000
✓
ME D EXP (Any one ppr5w)
3 10,000
$10,000 BI&PD Ded.
PERSONAL & ADV INJURY
S 1,000,000
Per Claim ..........
GENERAL AGGRLGATF
5 2,000,000
GFN'L
AGGREGATE LIMIT APPLIES PER
POLICY [7 J,E,(,- ED LOC
,T
PRODUCTS - COMP�01` AGG
5 2,00'O',000
[ETnc Ben. Liab. Occ.
S 1,000,'000
OTHER:
B
AUTOMOBILE
LIABILITY
72UUNTR7859
6/1/2015
6/1 /2016
COMBINED SINGLE IT0,1111 I
fEa acdch rt)
1,000.000
BODILY INJURY(Per pefsm�
A iTo
�`NED SCHEDULED
�t L OV
JS AUTOS
F30DILY INJURY (Por amai�nt)
S
✓
V NO� -O�ANED
I IH ED AU I O'S ALH
PROPERTY DANIAOF
WcderiL�
$
............
I ✓
ornp "9'1,000 V Coll $1.000
C
UIMERELLA LIAS y OCCUR
72RHIJTR7849
6/12015
6/112016
EACHI OCCURRENCE
2,000,000
AGGREGAIE
2,000,000
EXCESS LTAB CIT. NVISAIADE
... .... ...... . L . . . ........
S
DLEDJLE'IEUI-ION3
D
E
WORKERS COMPENSATION
AND EMPLCYCRS'LIA8[LITY
Y�N
ANY
1:1
imandatory in NH)
NfA
72WED043001
6/1/20'15
6/11270-16
FF
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S 1,000 000
L.L. DISEASE- FA EMPLOYE E
--
$ 1,000,000
ffyes desutbaundLF
Dr'SCRiiprjo i or OPERATiONS bebw
EL.DOEASE-POLICYUM11
'S 1,000,000
F
Profpssbnal Liab.
DR]-0009 L06
6M/2015
6112016
$2,000,00O Each Claim
clainis Made
$2,000,000 Aggregate
Retro Date: (5/30/03
$50,000 DeduclIbIo
DESCRPTION OF OPERATIONS f LOCATIONS t VEHICLES AC ORD 101, Add i honM Rpmark 5 Schud0a, may ba attach od if nacre space, Is veq WrPd
rF'E:P�-opr,,rtyAcqi.iisitXoii,Rel!oc,g ion &Man,,.ageriic-, lit S� i-vice.sAgrraLr7ieii.t A-201:1-055-01,A-20,15-162,A-201 °, -'16;-P
Cty of Santa Ana, its offirers, empIoyo- .,-s agents, vokwitf�,,rsand representatives are riained as additaonal insured on a
prii-nary & rif.-m-contributory basis where reqt&ed by written contract. Subject w Policy temns Conditions and excluskws.
10 Day�s Notice of Cancellation for Non-Payrnent of Prem l[jrm 30 Days All Others.
IE TEl I-- D BY: rf)MCE kIEREDIA wc�
CERTIFICATE HOLDER CANCELLATION
Cit of � Santa Aria
RK Box 1988
20, Civic Center Plaza (M-36)
Santa Aria CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE VVITHTHE POLICY PROVISIONS.
AUTHORIZED REPIRFSENTATNE
(WH I Wei idy Fifice
(K) 1988-2014 ACORD CORPORATION, All rights reserved
ACORD 25 (2014jor4), ThPACORD name sir' -Id logo are registered marks, of ACORD
ADDITIONAL NSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POIJQY
Insurance Company H&*r(A Am dem- arN6 CO -
This endorsement modifies SUCII insurance as is afforded by the provisions of Policy
# '11W K\TR-'I 95A - 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 9270.1.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective (-0) 1 I 15
Policy # JILQ U( NTR--j 9 �
Issued to OXrkand 'no
this endorsement form as a part of
Named Insured
CoLintersigned by
t- horiz, Representative
o
REVIDNED BY� //4. /,# Z
/ 'k, ' OR'E.LHA (IDG,,S OF :2,
AeC RhP CERTIFICATE OF LIABILITY INSURANCE
'
DATE(MM /DD /YYYY)
1
llk
6/16/2016
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(ies) 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 Venbrook Insurance Services CA Lic OD80832
6320 Canoga Avenue 12th Floor
Woodland Hills, CA 91367
NAME:
PHONE FAX
/c o E t • 818- 598 -8900 Alc Not: 818_598 -8910
_
E -MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE
NAIC#
72UUNTR7859
www.venbrook.com _
INSURER A: Hartford Accident and Idemnity Company
22357
_ _
INSURED
Overland l C &Cutler Inc.
3750 Schaufeufele Avenue,
Suite 150
Long Beach CA 90808
INSURER B : Hartford Fire Insurance Company
19682
INSURERC: Hartford Casualty Insurance CompgDy Company
29424
INSURER D: Sentinel Insurance Company, Limited
11000
INSURER E: Twin City Fire Insurance Company
29459
INSURER F: Western World Insurance Company
13196
�w�►ra�en�na �r�rauarr����01�11g1_��S�ei LL /e4i , wl efUlV /mil \�d1�LLler�i�
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
J=
SUBR
WVD
POLICYNUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MM /DD /YYYY
LIMITS
A
�/
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 1:21 OCCUR
✓
72UUNTR7859
6/1/2016
6/1/2017
EACH OCCURRENCE
$ 1,000,000
PREMIS S E)�sLo�cctIDnce)_
300,000
✓
—_S
MED EXP (Any one person)
—
$ 10,000
$10,000 BI &PD Ded.
Per Claim
PERSONAL & ADV INJURY
$ 1,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY ✓❑ E� ❑✓ LOC
GENERAL AGGREGATE
$ 2,000,000
GENT
PRODUCTS - COMP /OPAGG
$ 2,000,000
Em p. Ben. Liab. Occ.
$ 1,000,000
OTHER:
B
AUTOMOBILE
LIABILITY
72UUNTR7859
6/1/2016
6/1/2017
/EOacccidentSINGLELIMIT
$ 1_,_0_00_,_0_0_0_
BODI LY INJURY (Per person)
ANY AUTO
1�
OWNED SCHEDULED
AUTOS ONLY ✓ AUTOS
ar accent
( ) BODILY INJURY Pid
$
HIRED NON -OWNED
AUTOS ONLY ✓ AUTOS ONLY
PROPERTYDAMAGE
__(Per accidgat___.,
$
:/Comp
$1,000 ✓ Coll $1,000
1
1
C
`/
UMBRELLA IJAB
,/
OCCUR
72RHUTR7849
6/1/2016
6/1/2017
EACH OCCURRENCE
$ 2,000000
AGGREGATE
$ 2,000,000
EXCESS LIAR
CLAIMS-MADE
DED I I RETENTION $
$
D
E
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
AN`fPROPRIETOR /PARTNER /EXECUTIVE ❑
OF F ICER/M EM HER EXCLUDED?
NIA
72WEDQ4300
611/2016
6/1/2017
✓ PER ER-1
__.._.....------. -- ..--- _._..._.....---......_..
E.L EACH ACCIDENT
-- --- —' ---
$ 1,000,000
- -
E.L. DISEASE - EA EMPLOYEE
$ 1,000 000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT I
$ 1,000,000
F
Professional Liab.
BRL0011689
6/1/2016
6/1/2017
$2,000,000 Each Claim
Claims Made
$2,000,000 Aggregate
Retro Date: 6/30/03
$50,000 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space Is required)
RE: Property Acquisition, Relocation & Management Services Agreement. A -2011- 055 -01, A- 2015 -162, A -2015 -165
City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insured on a
primary & non- contribUtory basis where required by written contract. Subject to policy teens, conditions and exclusions.
"10 Days Notice of Cancellation for Non - Payment of Premium, 30 Days All Others. ✓
r
REVIEWED WED B ' �'r � � �r ..._.. -._ t UNl(t l it R EAA (PG OF )
t Cr%l lr'lVM I C r1ULIJCR I,H fV IrCLLH I IUIV
City of Santa Ana
P.O. Box 1988
20 Civic Center Plaza (M -36)
Santa Ana CA 92702
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
(WH) Wendy Filice C/
(0 1988 -2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
30446384 1 00000019 1 16 -1? GL Ail WC Me PROF I (WH) Linda Doyc.— 1 6/16/ ?.016 2:46:16 PM (POT) I Page L of 5
Overland Pacific & Cutler Inc. 72UUNTR7859
'nave al] your, rjdV1q.a*-dtXes under
ar Unname(j Sogidiary
Any sul3sldlary, and subsidiary thereof, of yqqrs
which Is a legally Incorporated entity of wbich you
own a financial Interest of more than SMA of the_
,voting stock on the effectlyeA ate the Coverage
Part,
The, 'insurance afforded herein for any isobsidiary
not �nq.rned In this Coverage Port, as a fjjmpa.
.insured does not apply to lnjtlryor damage with
respect I to which an insured under I this Coverage
Pad Is at so an Insured under 11 another Policy or:
would be An Insured under such policy but for its
termination or be, Ohau� .Jjorl of its limits tai
)Mlrb nce.
t-, No.wly Ac.quirvo or Formod Organl2ation
Any organization yoti.:11awly Acquire or fault, otherthart
o partnarshill) join. ventur e Or limited It d liability company,
And over.whiob you maintain financial interest of more
-,(hall 50% PrAhe vofinq:sI,"%— will q(talify. as, 0 Na I meo
Insurod,if there is no other sirrillar insurance Availabi♦
.10 that drganlzalllcn..However:
o. Coverage tnid6i, this provision is afforded only unflf
the 180th day after you acquire or form "le,
oroarrilzation or the end of the policy poriodl
whichever Is earlier;
:,Coverage A does 116t apply to "bodily jhjury" or
properly, 4arnage". that occurred before "You!
acquired or formed the organization, and
,P, Coverage B 'does not apply to "perRonpl' arid
advertlsing lnjuiry"' arising out of An offense ,
.committed b Uore you aequifed or -formed the
,organization.
4 It bile Equlprn erit
With respect to I'moblie P-quIPMent" registered In your
flarrie under any rr16tor vehicle registration law, <any
person is an insured white drivOij such ectolpmlef1t
alono avubliplillghWoy with your permission. Any other
person ot-organiza,tion responsible for the conduct of
I ph person is also -an Insured, but only with respect to
Ifablitty arlsIng out of the operation of the uquipmonj
And only if no other Insurance of any kind is available
to that person or organization for this liability, Vi . owevor.
no person or orgArilaotion is at) insured with respect to:
A. "Bodily 14).try" 11) A Co-"Ofhfiloyee" of life person
drivina.thO equipment; or
-b, "Property da Mdqe" to property owned by, rented to,
in.the tharge of or occ0pled by you or the employer
'Of any person who 18 an insured under (his.,
;piovlsiort
page Toaf'U
6/1/2016 6/1/2017
-8, Wonowned Wotercraili
With respect to watercraft You do not own t1hot is togs
thttil 51 feet long and Is not being us..ed to carry
person for a. chargej any person is on insured white
OPuratiN suet, watercraft with Your 1)ernilsslloa. ArLy
,other person or organiz-allon responsible for (fie
conduct of such person is also an insured, 01
. 11 . 11 11 . I :�O ogly
with respect to liability arising out of the operation of
the Watatcraft, arid only if no other insurance of any
kind Is available to that person 00 prganrzatior5 for lfil,�
liability,
However, no persbri, or ofoojilzotion Is aif MILli,ed."WIth
iiesooc( to
a� "Bodily Injury" 'to a co-tlernployeell of #le pef$oti
operating the watercrAfti or,
h, "Property damag.01' IP PFOP00y owned by, rented 1b,
fn of or Occupied by you or' I (he employer
of any person who is an Ins,
of0d under this
proy1slon.
4, ;Add.ltIo.n6l Insureds When Required By -"VVFIttp
op IV ra. 0, Writtenhgroemdrit OtIOermit
T146 rollowirig person (s) 61, or04rlj1iMjorj(s) Are ant
,Atdclitional Insured when you have agreedp in a written
contract,, written agreement of beoause of a perfirlit
issued by a stair~ or political SubdlvC; ion, that such
person or orphization be added, as an . additibrial'
,!psuted on yotir policy,, provided the 'Injury or darts e
,occurs ,subsequent to the execution of the contract or
40roement.
Aporson car organization Is anad , ditionalJn4urod under
this prwisi6nonly for that period of time required by
the cont. ra c , t or Agreement,
However, W), such person or organ1' Z allon Is.41T IDSUred
Under this PI-Ovision If $11611 Orson or organization 'is
hicht died as an insured b
.y an eildorsOment issued by
kis' rid r6adb a part of this; pvof age Part"
a.. Vendors
Any iaerson(s)'or OrganizatibnO) (referred to berow
as Vendor, but only witli respect, to ` 'bodhy injury'
or " "property dg,magell arising out of 4your products"
.which are'dIsIriblited or sold .11 til
1 e regular course
of the veridoes, business and only if this coverage
Part provides cioverage, tor "bodily injury"' or
"properly damage" Included, Within tha Uproducts-
corl.1pleted operations hazard".
The.inquronce afforded the vqncloris subjadl to
the following additional excltf8lons;
This llnsurv=6 does not Apply to
(a), "Bodily injury" Of "Property damage" l for
Which the vendor Is obligated to pay
damages by reason of the assumption of
llabilit , y It) a contract or agreement. This
exclusion does not apply to liability for,
damages that file vendor would have in the
abse nbe of the contract or agreement,n,
Ay
30446304 1 00000019 1 16-17 GL AU WC UMB PROF I (WH) ld.da L.y—rt 1! 6/16/2016 2:46:16 PM (PDT) I Page 2 5
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REVEVVED �Y� EUNICE HDREMA (PC; ;;?OF
Overland Pacific & Cutler Inc. 72UUNTR7859
H
14
'H�
CID
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,,(b) Any express warranty unauthorized by you;
(c) Any physical or (,.hernloal chAnga In the
product made. Intentionally by the vendor;
(d) Repackaging, except when unpacked solely.
"for the purposo of Irlisippet : I on., dernonstratinn,
or the substittition of pads under
Insiractions tram the manufa&jurer, and file air,
repackaged In the original container;
(b) Any fillure to viral such lnsp6ctians;
adjustments, tests or servicing as the vendor,
ha's agreed to Make or normally undedakes
to make in the usual course of business, in
co , rinedtion with the distribution o r.oja. 0. (.-the
Products,
Derrionstratlon, :Insiblinif.on, *sqrvlcing or
repair operations, except such oporatiqris
perfqqT,ied al the vendor's promises ift,
corInaction wlih the sale or:fhe producl:
`(n) Products Mich, oftor distribution or sale by
Y : , hove ; been : I , . I
OU, ve been labeled at relaboled, or used
As a containor, part or Ingredient Of any
Other thing of suDs tance I Y
b or forr the',.
vendor; or
(h) ,'Bodily Itijutyl or "pi'dpert Y d amage ing:
Ans ,
but of" the s010 ndOligondb Of the ubndor tar
Its own >acts or omissions Ot 1116se of Its
ernployees Or anyone else aelling on its
behalt Floweverk, this exclusion does no(-
apply to-
(I) The exceptions contalned in 'uba
paragraphs (d) or (f); or
'(1f) Such inspections, adjustments; tests or
servicing as the vendo I r has agreed to
Make or nonnally undertakes to make
In
the usual course Of business, In
connection willa the distribution 'or sale of
the pr6dubt8.
( i) This insurance. does not. apply to arty Insured
person or organj;_ation, rrorn whore You have
acquired such,products, or any ingredient, part
of container, ontering into'. accompanying or
containing surh;producls-
b. Leissors of Elt� "uipnrioff
-,(I) Any Person or orgarlikation frorn whom you
lease eciOlprnent, 'but only Will i,espedl tca their
liability for "bodilly Injury", "Ofoperty damage" or
"personal and advertfiflng ln�iry" Caused, In
wliolo or In P80,: by your mal'iritortance, operation
or use of equipment leased to yoo by sitch,
poison or organiza , Oon.
f2) With respect to th,p Insurance afforded to these
'4doill0ral fU1SL1Jred§ this Insurance does not
apply to ally ".occurrence" which takes place
.6filer (66 equiprilentJease expires.
:H43— 00A .tom
DA
30446384 1 00000019 1 16 17 GL AU WC UMB PROF' I (WH) Linda Doyenait
6/1/2016 6/1/2017
vt, Lossors of Land or Premy'ses
Any person Or orgarf 1 lZa f , ton from whom you lease
land or prenillses, but only with rest ect in Ilahii1ty
arising out of the Ownership, malptenance or use of
that Pail at the land or Premises leased you,
With haspeqt jo tfve Insurance afforded these
additional 'insureds the fallowing add . 41briat
excfunioMs apply*
This. Insurance does hot apply to:
4,, Any "occufrencb" which takes place, kfteirl you'r
cease to lease 1that land; or
�_x Structural alterations, new construction or
deenblitloh operations performed by or on bellal(
of Such person ter organizAt'
Jan.
d. Architects, J n.gfneers:or Svirvtyors
Any archltocl, engineer, or surveyor, but only wit"4f
rdspe,cl hifillity to 4600 11. y , Injury 11, propr, . d . y
darnngel� or "personal and advej I twilig Injury,
cause.q,, In whole or In pa11, fly your acts or'
omissions or the acts o,,r orn4;sjons Of those acting
onyoqjr behalf,
-(I) I.I.T..connection with your pirprnises, or
,(2) M the, if, f
I Pq 011`110"00 0 yo4r ongoing operations
performed by Voit Or a . n"your behalf.
With respect to file 10stjirance afforded these
additional insureds. the 011OW1119 adritictnal
exc, fusfbilappilet,
This insurance does not apply to "bod"ily 'Injury's,,
"propehy damage, or "personal aild advartising
injItiry" adsing out of the rendeTin.9 of or the lallure
to render any professional services : by oi; -,,for yo!r,
Including:
,j, The preparing, apprQyjrjg, or laifing to.preparre-
or approve, Friaps; 'shop drawvlhgs, opinions,
reports, surveys, field orders, change orofqspe
drawings and
2. Supervisory, Inspection, afelittewural
engineering activities.
6. Peoilits issued Ely 8 tafe (fir Po(jtfdjj
Stjbdivislonit
Any state or political s.t0divislon, but only will)
respect to Operations putformed, by you 0 1 1, Oil Your
behalf for Which the state, Or political subdivision
has issued a permit.
With mpect to .1110 ins4rance afforded these
additional Insureds, this Insurance, does not apply
kqi
(i) ' "Bodily injury", "property damage" oi- "personal
and advertising injury' arising out or operations
performed tot the state at Municipality; or
(2) "Bodily injury" or'"proporty damage" Included'
within the "prodL1rtS-0O1TjpIe'tbd' operactions,
hazard",
6/11/7,016 2:46:16 PM (PIT,) P,9?/
,3 uL 5
REVIEWED BY�
ELUCE HEFO_AA.(�-IuS oF S'
Overland Pacific & Cutler Inc. 72UUNTR7859
L Ariy Other Party
Any othor porson or or
,gan)zAtion who Is Ile[ an
Jttsured Under P',11119raphS a, thlOUgh e. above, but
only With respect to liability for "Ibodlly Injury",
''property dqtflqge" or "persoRAI and ad-vertising
injury" caused, in whole or in part, by Your qoA8 or
omissions of': the clels, or ooijWorjor of those acting
on your baholf
11) In tile petfort4,<1nee of yuur ongol,fig.operations,
(2) In C6111ledtiOn with your prerrilsos owned by' or
rented to you.; or
In collneotto.ii with "your work" and Included
within th.e "prorittals-completed operations
hazard ", but orily if
,;Q) 1'he written contract or agroempht requires
you, to provide such povexAge to sqph.
RWRIO!Ial 111SUred, and
(0) This Coverag*e Part provides coverage fori,
"bodily hijury" or "Oroperty darna kicluded
Within the oper6flons
hazard'.
'With rospect to the insurairce aff&dbd to these
additional lifistireds, 'this insurance toes riot appl�i-
113,qdllyjltkify'', "pyoperty dainA.ge" or "persoital and
J: Iiijur
�Aclverrqlng y" Arising out of the rendering of .or'
the failure to render, any
et gine.eldrig or surveying sorvioes, Inakiding;
(4) The prep dog, qpprovi.rig, oi- failing to prepare
or ap prove, rilaps, ..shop draWllnos, oplillons,
ys
ropofts, surreys, field Order$, Orange orders or,
drawlings aitd .. sPeolficatilo its; or
dnpineedn 0 actiViffe"S.
The Ilmlis of to rance that apply to additional Instireds
urider this provislort is-described In 8edlon Ill Unnits
How this insurance appIles wbeir other instiranco Is
available to the additional. in-itired l.q. described in the
Other 111SUMFIC0 Cotidiflon In Section IV- Gonlrn rdal
deneral Liability Conditions.
No person Oralganizallon Is an InsuNdwlith respect to the
zof-idud of any Current or past partriership, joint verituto or
Urnited liability company that Is n6t,Mq#q as a Nailie�
Insured In: the Declarations.
SECTION III - LIMITS OF INSURANCE
I_ The Most We will Pay
The UITIRS of Insurance shown bi the Desclaf-ations And
the 111103 below fix the mast we will pay regardless of
'tile number of,,
;i, Insureds;
P� qe 12,of-TW,
30446384 1 00000019 1 I6 -17 01, AU 'AC WD PROP f N11) Ll,_d. D.),-
6/1/2016 6/1/2017
;0, Persbnq or o ti
"stilts".
2. General Aggregate Urnit
The General Aggregate Urnit Js I lie roost we will pay
foie the 30111 of
a. Medical expenses under Coverage t;
b. Damages uoder,Covorage A, except d4nia.05
becatow of "bodily initiTy" or "property damage"
InGloded In Ifte 1tprqduldN,6011`11 . PlOted OPefatiotis
hazartl";:orld
c. 10amages under Coverage B.
,4. Products,-Cornpletled Operations AgBre.gate Unlit
The Prod ucts-Porrip] el ad Operallorits Agg-re0ate Limit'
,;Is the rinost we will pay under Covera go A for darnaps
becau I sp or "IbridIty '41jury " 'arid "property damage"
Inctudled in the Rproduct&:jcOmplet6d 00e.Aions
hazard'.
.4. Personal and Advertising Injury Ujinit'
Subject to 2, above, the Peiftnal and Advarlisin
g
jury Urnit, is the most we will pay uIlde '
C
r overage B
'for the surn, of all daiiiages because of all "porsortal
and Advertising it su�
talned by p1ly-opo pe'!,soll 01"'
5. Each Occurrence Limit
SUbjeof to 2, or 3. above, whichever applies, the Each
Oc,orrence Urnit Is the most we 4NIfi pay for tile sure
of:
a. Damages under Coverage A; irid
h. Medioa I exPatises under 0 overage c
because of all "bodily Inl(O" and "property, do lipga"
Z-10siq out of Ifty,orle 'oeourrefice",
6, Damage To Premises Rente'dTo You Urtilt
Sq*dUlo .6, Abovo, the Darnage To Premises Rented;
To You Urnit Is the Most we will -pay undor Coverage A
ford.annapes because of "property damagel"to arty arse
premi I ses., white refilled to, -You, or 16 the case of
d In rage by fire, lighbibW or explosion, while rented (6
YOU 01-temporarily occuple'd by You with pr rrillssiorl of
the Wier,
In the case of damage by tire, lightiono or exploslorl,
the Dainage to Promises Rented To Yo ' u Limit, applies
to all diarnage proximately caused by the sarne evurit,
whether such :dani ge results from fire, lightrililp or
eXPIOSIdn Or 8119 corrINW10off'of these,
J; Medical Expense remit
Subject to 5, above, I - lie Medidal Expense Lifnit is the
most we will pay under Coverage G for All inedical
expenses beotvso of "bodily Injury" sustained 'by any
one person,
How Unift Apply To Additional Insureds
It you have agreed in a written contract or wriftoll
'a.greprt erit that q!li()ther perso I p or organircl
i1qr] lib
01;06 - 0"
6/:1.6/2016 2A G:16 PM (PDT) 5
.. . . ............ .............
REVE err D E3Y 7 E U N C E FORMA (PG �/'3 F S)
. .........
............ ---------- ------ _ -- - -------
1hat arp in excess oftfie applicable limit of liisurandet
Ali agreed settlement means a softlemcrit and relcase
of lialbillty.signed by usi Jhe insured and the claimant-or
'the. claimant's , log alrepresentailve,
10ther Insurance
,If other valid and collectible lAsurance is av,111able to
IhO
, Insured for o loss we covortiociftr Coverages A or
of this Coverage Part, our obligia0ons fire firnite, I d as
fol[ows;
,a,. Primary triouran"Ge,
This inSUVaMe! IS pilma.ry ' excepil Wfien b, L)efow,
applies. If other insurance is also primary, VVC1 VdR
share m6 A that otter Insurance by the method
Exces'q hmran6e
This insueMn4 Is OYMla
5 o-Vot' oily -of the other
insurnfice, whether primary, excess, contingent or
oil any other basis.
f1l) Your Work
That is Fire, Extended Covatigoi Builder's Risk.
1051.61141(an Risk or similar overage for your,
viark';
(2� Premfsds"Rdnted Td, du
Thal is fire, lightning or explosi6d J1TsurPbc6 for
premises rented to you. or temporarily btt4pied.
by you Witt), permission of the owner;
1) To nant Liability
That ra.Insurance purchased by you to cover
YbUr,16,16111fy as a tellant, for "property daniagoll
to prerhfts rented to You Of temporarily
occupied by you with perinissloil of the DWher,!
14) Aircraft, Auto Or Watercraft
If the toss arises out of the maintenance or' use
e,
of aircraft, "autos" or watercraft 40 the extent not
Subject to EX611luSitin g. of Section I - C01116rboe
A - Bodilly Injury And Property Darinclige Llablllty";
(6) Property Damage to 13Qrrowed Eq ulpmerit Or
Use Of Elevators
If tile loss arises out OT "property daing4e" to
borrowed eclOpMent or the use 61 eleMors to
the oxterit not subject to - Exclusion j, of Section I
� coverage �A - Bodily h1jqry And property
DarN ge Liabill , ity;
16,) Whein You Are Added As An Additional
Insured To Other Insui-4nde
Any other "insurance available to YOU 0ov6rino
llablifty for,dama0es arising out of the pt6fills6s
operations, or products and completed
operations'. f0l"WhiCh You. have been added as
all additional Insured by that insurance;, Or
Pqgp 144f48
:[7,j; VVben You Add Others As 'Aft AVtfq*
Ins.urod To Thls'lhiyuraribe
•Any other Inswance available to A'a
11stifed,
Rawaver, thelfollowing- pm V ps ' 'o app to other`, ,
isl , apply
insurance available -to aqy. person or-
prgarfiza*flon who is an,40dilioniiiinsured Linder
this coverage part.
(0) Primary Insuralleel Whou jr r+5d
'Contract
This insurance I� •imU'ry if you have agreed
Ir � written contract or written agree me ill
4hal this 111SUrobor, bo primary, If other
InsLUMICe IS also primary,, We Will share with
all that other insurance 1 ' by, the method
.described in c. beloW.
,40) Primary Ald Non - Contributory iributory To Other
Insurance When I Required By Contract
If you have agreed irr or Witten contract.,
written 80roembilt, or' ptaiiii. that ttlis,
41SUM1100 is pliniafy and rlan�ooniributor
y
With the additional hisore&s own =insurance,
this Insurance Is pC . frilary and we, WIN not: n
other I , risL)ranIm
Paragraphs (a) and (b) do riot apply to,oth&-
insurance to Whicill the additional insurer( 4,q§,
beery added as an addition.aYinsured,
When this Insurance is excess, we will have no,
duty under CoVer*406s A or B to'ddiend tile frislired
vadalrlst any lsuW' it any other insurer has 'a, duty to
defend the Insured against that If no other
insurer defefids, W.ewJlI undertake to do so, but We
will be entitled to tho Instirods rights , list aV
those other, insurers.
When this his Insurance is excess over other
Jinsurall)co, vie will p ay only our sharo of the amothit,
cif 1he loss, If all I y. I , hat exceeds the sum o(,
(f) The total amount that all sych other Insurance
would pay for the loss In -the absence of this
Insurance; and
(2) The total of all deductible :and seiN , nsorp.0
amounts under 911 that other I , nsurancb.
We will share the remaining, loss, if any, with any
other insurance that is not described In 'this Excess
Insuranr
I oprovision and was,not . bought specifically
to apply in excess of the Limits of Insurzince shown
inthe Declarations of this Coverage Part.
c, Method Of Sharin_q
If all ref the other insurance permits contribution by
equal shares,me will follow this method also. Und'er
"this upproach each insurer contributes equpl
arnounts until it has paid its applicable 1414 of
Insurance or none 6r-the loss remains, whichever
,comes first.
30446304 1 00000019 116 -17 GL AU WC Ubq PROF I (WH) Lind. D.yelt 1 6/16/2016 2:46:16
"..r bo 0 P 8 oo
PK (PUP) I page 5 4
REVEWED BY./,,/,,`/` FUMCE a HEREMA (PG 0�-