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HomeMy WebLinkAboutHALL AQUATIC LIFE SUPPORT DESIGN CONSULTANTS, LLCINSUPPACE NUF ON FILE WORK MAY NZ PROCEED CLERK OF COUNCIL DATE: NAR 1 0 2019 y t\%/te- Cwcu" AGREEMENT WITH HALL AQUATIC DESIGN TO PROVIDE DESIGN SERVICES FOR SANTA ANA ZOO EXHIBIT N-2019-048 THIS AGREEMENT EEMENT is made and entered into on this 23rd day of J artuary, 2019„ by and between Hall Aquatic life Support Design Consultants, LLC;, a Creorgia limited Liability Company, ("Consultant"), and the City of Santa Ana, a chartercity and municipal corporation or,gam7ed and existing under the Constitution and laws of the State of Calif tmia (' City') RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of design review said consultation services of s purposed giant otter exhibit at the Santa Ana Zara for construction administration, start-up and commission consultation spaces including short and long terrii operational and maintenance considerations and impacts for the animals. zero staff and the public. li, 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 dost 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 he expected f oro a professional consulting firth in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows, I. SCOPEOFSERVICES at, Consultant shall per -form during the term of this Agreement, the tasks and obligations including all labor, materials, tools„ equipment, and iucidental customary work required to fully and adequately complete the design and consultation services described and set forth in Line Item #1 listed in the Proposal dated January 21, 2019, identified as Exhibit A, attached hereto and incorporated by reference - b. Consultant agrees and understunds that commencement of work regarding Items #2-4 in Exhibit A arc subject to continuedfunding forthispr€oect. Csonttziencement ol7work regarding any of these listed items shall be mutually agreed upon, in writing by both patties. 2, COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates And charges identified in Exhibit A. The total aanount to be expended under this agreement shall not exceed $13,0K contingent on funding for heir #'s 2-4, including up to two (2) additional site visits for item 94, for tine tenni of this Agreement. , This total amount shall include the 52,600 to }say for services related to hear #1 in Exhibit A. b. Payment by City shah be trade within 45 days (forty-five) days following teceipt of proper invoice evidencing work performed, subject to City accounting procedures, Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue for a one (I ) year term through January 22, 2024, with the option for the City to grant up to two (2) one year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire terns of this Agreement, be construed to be an independens contractor and not an employee of the City. This Agreement isnot intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding tastes. 51 OWNERSHIP OF MATERIALS This Agreement des a aeon -exclusive and perpetual license for City to copy, use, modify, reuse; of sublicense any and all copyrights; designs, and other intellectual property embodied in plaits, specifications, studies; drawings, estimates, and other documents or works of authorship fixed in any tangible rnedlum of expression, including, but not limited to, physical drawings or data magnetics]ly or otherwise recorded on computer dikettes, whish are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Date). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data tete subcontractor prepares trailer 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-so]e risk. G. INSURANCE Prior to undertaking perfarmanee of work under this Agreement, Consultant shall maintain Page 2 of t. 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 ocers, 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 ra sulting 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 S 1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs rnaairnauined by the City, and. (c) contain standard separation of insureds provisions - b. Business automobile Ii ability insurance, or equivalent filum, with a combined single limit of not less than. S1,000,000 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 agaiml liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work uoder this Agreement, Consultant agrees. to obtain and maintain any employer's liability insurance with limits not less than 51,000,000 per accident. d. If Consultant is or employs a licensedprofessional such as an architect or engineer. Professional Iiability (errors and omissions) Insurance; with a combined single limit ofnot less than $1,000,000 perchum with$2,000,000 in the aggregate. e. The following requirements apply to the insuraruce to be provided by Consultant pursuant to this section: L 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 canceled or reduced in coverage or changed in any Bather material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference. into the Agreement. V, Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this Page 3 of 8 section or fails ortefnses to furnish the City with required proof that insurance has been procured and is in force and (said for. the City shall have the right, at the Citys election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its tithe and materials expended priorto notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1 ) for personal injury, damaages just compensation, restitution,jud'icizator equitable relief arising out of claims for personal injury, including death, and cWms for property damage, which may arise from the negligent operations of the Consultant, its su contractors, agents, employees, or Cather persons acting on its behalf which relates to the services described in section t of this Agreement and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitah1c relief is dame 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 sof the terms of, or effects, arising from this Agreement. The Consultant further agnea to indemnify, hold harmles% and pay all crests for the defense of City, including fees and costs for specialcounsel to be selected by the City, regarding any action by a third party ehaldenging the validity of this Agreement, or asserting Haat personal injury, damages, ,lust compensation, t titution, judicial or equitable relief due to personal or property rights arises by reason of the tercets of, or effects arising from this Agreement, City may make all reasonable decisions with respectto its representation in any legal proceeding, Notwithstanding the foregoing, to the "tent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Cade Section 2792.8, to claims that arise out of, pertain to, or relate to thonegligence, recklessness, or willful misconduct of the Consultant. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officer.;, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States" tetters patent, trademark,,or copyright infringement, includingcosts, contained in the wont product or documents provided by Consultant to the City paarsuant to this Agreement, 9, RECORDS Consultant shall keep records and invoices in connection with the weak to be performed under this. Agreement, Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbtsmments charged to the City for a mininiurn period of three (3) years„ or for any longer period requital 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 Page 4of8 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 wrath, 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 ,anchor lnroprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the sante degree of care it uses to protect its own infortnatiou of like importance, but in no event less than masonuble care. "Confidential InformatioW 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; (ii) is, through no fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality, (d) is required to he disclosed by operation oftawp or (e) is independently developed by the Consultant without reference to information disclosed by the City. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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 lows[ laws and regulations. 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 conflict between the terms of this Agreement and any attachments hereto, the tetras 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. 'fate parties agree that any terms or conditions of any purchase carder or gather 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 f ttit, agreements, orally or otherwise, have been made by any party, or anyone acting on behal f of any party, which is 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 assigtunent, transfer„ delegation of subcontract without the City's Priem written consent shall be considered null and void. ?'clothing 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 Clty, M TERMINATION. This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In Such event, Consultant Shalt 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 of Parks, Recreation and Community Services may require Consultant to deliver to the City 4 work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by I'aw, 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. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shallbe effective unless it is in writing and signed by the party waiving the breach, failure,, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, tight or remedy, whether or not similar, nor shall arty waiver constitute a continuing waiver unless the writing so spcditesa I7. 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. moth parties further agree that Orange County, Califomia, shall be the venue for any action or proceeding that maybe 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 latus and regulations of the United States, the State of California, the City of Santa Ana and all ether 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. 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 shallindemnify City fully, including reasonable crests 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 withdrm ,,rn, b. All. Exhibits referenced herein and attached' hereto shall be incorporated as if fully set forth in the body of this Aip-cement, 2f1. NOTICE Any no lice, 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 firstclass or certified mail, postage prepaid, or seism by fax or rather telegraphic cortummication in the mannerprovided in this Section, to the following persoats. am Clerk of the City Council City of Santa. Ana 20 Civic tenter Plaza (ivt-3 3) P.O. Box 148$ Santa Aria, CA 42702-1488 Fax: 714- 647-6956 With courtesy copes to,- Executive o, Ex utive Director, Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1486 Santa Ana, California 42702 Falx. 714-571422.1 To Consultant: Hall Aquatic Design 347 Grant Street SE Adz" Get 30312 Attn. Erie Halt E-mail: hallaquaticdesigtsr@mgmait.com A party may change its address by giving notice in writing to the causer party. Thereafter, any communication shall be addressee) 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 asset 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 an 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, IN WITNESS WHEREOF, the parties hereto have executed this Agreement tha: elate: and year first above written. '4 nw, rw,.r _ .Noma Mitre.Acting Clerk a fthe Council APPROVED AS TO FORM: SONIAR. LARVA ,I 10 City Attorney I:aum A. Rossini Senior Assistant City Attorney 11-11 US LOFF Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA APIA STEVEN MENDOZA ACTING CITY MANAGER CONSULTANT- By- G,c Title: tx�sru Y uaca�ra Y SCOPE OF SERVICES and COMPENSATION Exhibit A 0 HALL AQUATIC 0 r S 1 0 N January 21, 2019 Mr. Ethan Fisher Operations Santa Arta Zoo Sent via Email: efisher6santa-ana.org RE; SANTA ANA ZOO — LSS DESIGN REVIEW & CONSULTATION SERVICES PROPOSAL — GIANT OTTER EXHIBIT —PROPOSALO--HAD- A-ili2119EH-REV1 I T {}i7Ci{� 10 Hall Aquatic Design (HAD) is pleased to offer the fallowing .revised contract services proposal to the Santa Acta Zoo for construction administration & start-up & commissioning consultation services for its proposed Giant Otter exhibit Life Support Systems (L55). The LSS consultation services will be from an end user (mint of view and will take into account all short & long terns operational and maintenance considerations and impacts for the animals., staff and public. Description of scope of work for the LSS Contracture 1. Construction Administration Scope: -Itemized Cost $2600.00 aJ During construction, assist the, SAZ design do construction team to answer specific questions w thspecific focus to ensure that the exhibit habitat, Las equipment processes and water quality will be optimized. anti deemed as "animal ready" in regards to a safe, USDA compliant and esthetically pleasing environment for animals, staff and guests. a. lncludes teviewwirtg equs"pment submittalsif requested b. Reviewing possible Value Engineering (VE) options if requested. c. Assist the owner with Requests for Information (RFI`s) from project team members including architects, engineers, consultants Installers to clarify design concepts when appropriate, d. Participate hi conference calls, virtual meetings as needed... e. Other CA_assistance as deemed appropriate. v 2. Assistance with outsourced tSS maintenance contract. -Itemized Cost $$1,400.00 f a) Provide a detailed scope of service for maintaining the LSS cart a weekly, monthty and annual basis that can be included in the final agreement, haliart a3icctiysc €t grr 4iE.rexcx, 347 Gra;ct Strove St AVania, GA 30312 gall: 67&873.7401 a � A b) assist with writing and providing standard operatingprocedures for maintaining the LSS 0 Assist with locating Potential bidders for the LSS maintenance. contract.. 1 Exhibit Commissioning & Owner Training Support -Itemized Cost $3,800.00 ai Includes labor & travel expenses for one (l) site visit to CA fcir art onsite period of two (2) days. by Time onsite includes assistance working with the installation contractor as weal as the design engineer of record for exhibit start-up as well as testing & balancing of exhibit L.S& c) Time onsite includes ow mer staff training as well as any outsourced contract staff during the 2 days. Training will include daily, weekly monthiy & annual preventative maintenance items. Includes water quality overview & recommendations for testing & data interpretation as well as corrective action. ,t. Additional Site Visits elf requested) - Itemized Cast $2,400.00/onsite for one clay. a) Includes labor for onsite & travel time as well as travel expenses for one (l) site visit to :A for ars onsite period of two (i) day, b) Additional days onsite beyond the first day if requested - $1400.00 labor rate Fee & Payment Tenn Contractor requests a purchase order for a ""Not to exceed value" for the combination of desired services above.Contractor will invoice forservices as they are rendered. TERMS AND CONDITIONS This proposal is valid for 90 days and is for the design review period listed above and does not include a provision for review of any other phases at this time. We appreciate the opportunity to be a part of your design team for this project. Thank you for requesting our services. a haElat.uaticde4kgr0.Pgrnad, com 447 GraM Suept 5-t Atiaritj: GA. 30312 Cell 678-873.1401 Z C7 L/R t3 P C CERTIFICATE OF LIABILITY INSURANCE DATE (MINIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATIONIS 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_ BIZINSURE LLC/PHS CONTACT ---��� --- NAME: LIMITS 57102005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO, TX 78265 (AIC, o, San; (866) 467-8730 FAX No): (888) 443-6112 EMAIL CLAIMS-MAOE OCCURAIA X General Liability ADDRESS' SURERIS) AFFORDING COVE GE NAICM INSURED NSURII The Twin City Fire Insurance Company 29459 Hall Aquatic Life Support Designs DBA Hall Aquatic Design LLC 347 GRANT ST SE ATLANTA GA 30312-2226 #J -�(�� 3��Q,� INSURER B: The Hartford Accident and Indemnity Insurance Company 22357 INSURER : INSURER D : 11/09/2018 11/09/2019 INSURER E: GENT. AGGREGATE LIMIT APPLIES PER: POLICY [] PRO. LCC JECT X GENERAL AGGREGATE $4,00000 INSURER F : I01=1tlydy 10I 2191417x77 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED T THE IN URD NAME ABOVE FOR THE POLICY PERIOD INDICATED,NOTWTHSTANDING 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. LS TR -- TYPE OF INSURANCE - -POOL SANTA ANA CA 92701-4058 Ue -pOLIPY NUMBER - ""'P061CY EFf----__—M01 IMMIDDrMYl 'E%Y- LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2000,000 CLAIMS-MAOE OCCURAIA X General Liability .NTED $1,000,000 PREMISES aoclrtrenc X NED EXP (Any one person) $10,000 A 57 SBM BL2522 11/09/2018 11/09/2019 PERSONAL ED� vY 0 GENT. AGGREGATE LIMIT APPLIES PER: POLICY [] PRO. LCC JECT X GENERAL AGGREGATE $4,00000 PRODUCTS � COMPIOP AGO $4,000,00 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,QO (Ea accident) ANY AUTO INJURY (Per parson) A ALL AUTOS ED SCHEDULED X HIREDAUTOS X ROTO WNED 57 SBM BL2522 11/09/2018 11/09120M �d�\� DILY INJURY(Peraca ERT ccide UMBRELLA LIAR OCCUR q "— EXCESS LIAR CLAIMS•MAOE C��WORKERS 1E.L. DED RETENTIONS COMPS SATION EMPLOYERS'LUBILITY y KSTATUTEANY PER X pTH.AND PROPRIETOMPARTNERIEXECUTIVE YIN OFFICERIMEMBEREXCLUDED? (Mandatary In NH) NIA 57 WEC AC3MZN 11/0912018 11/09/2019-- ACH ACCIDENT $1,000,0B 2 E,L. CISEASEEA EMPLOYEE $1,000,000 yes. describe urger If bESCRIPTITIONP E.L. DISEASE• POLICY UNIT $1,000,00 A EMPLOYMENT PRACTICES LIABILITY 57 SBM BL2522 11/0912016 11109/2019 Each Claim Limit $10,00 Aggregate Limit $10,00 DESCRIPTION OFOPERATIONS/LOCATIONS IVEHICLES (ACORD 131, Additional Remarks Schedule, maybe attached if mom space Is required) Those usual to the Insured's Operations. The city of Santa Ana, Its officers, employees, agents and representatives are named as additional Insured per the Business Liability Coverage form, SS0008, attached to this policy. 30 Day Notice of Cancellation applies. CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 CIVIC CENTER PLZ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SANTA ANA CA 92701-4058 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVECJ �+ leztlice LRIJ[��GGGd 1 91988-2018 ACORD CORPORATION, All rights reserved. ACORD 26 (2018/03) The ACORD name and logo are registered marks of ACORD Select Customer Insurance Center SAN ANTONIO TX 78251 Policyholder, please callus at: (866) 467-8730 Agent, please callus at: (866) 467-8730 SERVICE.TX®THEHARTFORA.COM INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please callus at: (866) 467-8730 Agent, please callus at: (866) 467-8730 between 7A.M. and 7 P.M. CST. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. BIZINSURE LLC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Hartford Fire Insurance Company and its Affiliates One Hartford Plaza, Hartford, Connecticut 06166 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 26ANI&A-191L MAL CIA This endorsement changes the policy effective on the Inception Date of the policy unless another date is indicated below: Policy Number: 57 SBM BL2522 DX Named Insured and Mailing Address; HALL AQUATIC LS DESIGN CONSLTNT LLC DBA HALL AQUATIC DESIGN LLC 347 GRANT ST SE ATLANTA GA 30312 Policy Change Effective Date: 11/12/18 Effective hour is the same as stated in the Declarations Page of the Policy. Policy Change Number: 003 Agent Name: BIZINSURE LLC/PHS Code: 102005 POLICY CHANGES: TWIN CITY FIRE INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF. YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE PRO RATA FACTOR: 0.992 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 110405 T Page 001 (CONTINUED ON NEXT PAGE) Process Date: 11/12/18 Policy Effective Date: 11/09/18 Policy Expiration Date: 11/09/19 POLICY CHANGE (Continued) PolicyNumber: 57 SBM BL2522 Policy Change Number: 003 BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSUREDS) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 ADDITIONAL INSURED #1 - OWNERS, LESSEE OR CONTRACTORS IS ADDED FORM SS4170 SS4171 NAME THE CITY OF SANTA ANA ADDRESS 20 CIVIC CENTER PLZSANTA ANA, CA 92701 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: SS 41 70 06 11 SS 41 71 06 11 Form SS 121104 05T Page 002 Process Date: 11/12/18 Policy Effective Date: 11/09/18 Policy Expiration Date: 11/09/19 POLICY NUMBER: 57 SBM BL2522 It uy CHANGE NUMBER: 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): THE CITY OF SANTA ANA Location(s) Of Covered Operations: -2Q-- CIVIC --CENTER -PLZSANTA ANA, CA 92701 --- --- ---- ----- -- Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section C. — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Form SS 41 70 06 11 Process Date: 11/12/19 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performir�, pperations for a principal as a part of j� 3IA project. �e e� ON 5\a\ SP�pd Page 1 of 1 Policy Expiration Date: 11/09/19 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission) POLICY NUMBER: 57 SBM BL2522 CHANGE NUMBER: 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): THE CITY OF SANTA ANA Location And Description Of Completed Operations: 20 CIVIC CENTER PLZSANTA ANA, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section C. — Who Is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". Form SS 41 71 0611 Process Date: 11/12/18 Page 1 of 1 Policy Expiration Date: 11/09/19 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission)