HomeMy WebLinkAboutPLACEWORK, INC.A-2019.073—Z4
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
} DATE: JUL 51'2019
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AGREEMENT TO PROVIDE ON-CALI,
ENVIRONMENTAL, AND PLANNING SERVICES
THIS AGREEMENT is made and entered into this 2151 day of May, 2019 by and between
Placeworks, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it
sought Consultants to provide on -call environmental, technical and planning
services for the Planning and Building Agency of the City of Santa Ana.
a. The scope of work may include any and all work efforts related to City
projects to analyze a proposed project for compliance with the California
Environmental Quality Act (CEQA) and National Environmental Policy
Act (NEPA). This may include preparation of required technical studies,
peer review of technical studies prepared by others, preparation of Initial
Studies, Negative Declarations, Mitigated Negative Declarations,
Environmental Impact Reports, Environmental Assessments,
Environmental Impact Statements, and other services on an as -needed basis;
and/or
b. The scope of work may include any and all work efforts related to drafting
and adopting zoning ordinance amendments that are related to City projects
and processing development project applications and entitlements including
plan review, preparing staff reports, attending public hearings, and counter
staffing services on an as -needed basis; and/or
c. The scope of work may include any and all work efforts related to advanced
planning including updating, drafting and adopting the General Plan
including preparing technical studies, elements of the General Plan,
preparing staff reports, attending public hearings on an as -needed basis.
B. Consultant submitted a responsive proposal that was among those selected by the
City. Consultant represents that it is able and willing to provide the services
described in the scope of work that was included in RFQ No. 17-043 and attached
hereto as Exhibit A.
C. Consultant has been selected as one of the thirty-one (31) vendors which qualified
for this engagement. Only those consultants approved by the City Council on May
21, 2019, shall be eligible to be engaged by the City for these services.
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Page 1 of I 1
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting 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:
SCOPE OF SERVICES
On an as -needed basis, and at the sole discretion of City, Consultant shall perform the
services that are described in Exhibit A. Consultant's proposal is incorporated by reference as
though fully set forth herein. When the need for services arise, City may initiate services through
use of a Letter Agreement for a specific project, executed by the Executive Director of the Planning
and Building Agency and the Consultant. Work by the Consultant may not proceed absent a
previously engaged or fully executed consultant agreement and letter agreement for a specific
project.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
The total compensation for services provided for environmental, technical and/or
planning services is determined upon submission of a proposal including the scope
of work. The Consultant shall perform the services and when the environmental,
planning and technical services report is completed, the City will pay the Consultant
for the completed work.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
performance 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 continue for a period
of two (2) years, until May 21, 2021, unless terminated earlier in accordance with Section 17,
below. The term of this Agreement may be extended upon a writing executed by the City Manager
and the City Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Ifthe services
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being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer -employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. 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.
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance 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
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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. Such insurance shall (a) name the CITY, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with respect
to insurance or self-insurance programs maintained by the CITY; and (c) contain
standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
Worker's Compensation Insurance. In accordance with the California 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) 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
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
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of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant agrees to defend, 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 Consultants, 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 f'or 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 indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work 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 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
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(3) years from the date of final payment to Consultant under this Agreement.
11. 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 (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services.
13. 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
Executive Director
Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax: 714-647-5897
Page 6 of I I
To Consultant:
Placeworks, Inc.
Attn: William Halligan, Managing Principal
3 MacArthur Place
Suite I100
Santa Ana, CA 92707
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.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, 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.
15. 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.
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 shall be 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, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
Page 7 of I I
17. 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.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. 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.
20. 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.
21. 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
Page 8 of 11
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 ANA
1
NORM MITRE KRISTINE R D E
Acting Clerk of the Council City Manager
APPROVED AS TO FORM
SONIA R. CARVALHO CONSULTANT
City Attorney
By:"��"`.
Lisa Storck William Halligan
Assistant City Attorney Managing Principal, Environmental Services
RECOMMENDED FOR APPROVAL
'm m•'('
MI THAT
Executive Director
Planning and Building Agency
Page 9 of I I
EXHIBIT A
SCOPE OF SERVICES
Page 10 of I 1
Exhibit A - Scope of Services
Consultants will be expected to provide experienced and knowledgeable professional staff
familiar with federal, state and local regulations including the Santa Ana Municipal Code and
General Plan and the CEQA and NEPA. The Consultants' Project Manager and staff shall be
responsive and maintain excellent working relationships with project applicant, property
owners, developers and City staff. Consultants shall be committed to provide adequate staffing
levels at all times in order to adhere to established schedules. All consultants shall provide
services under the direction of City staff. Services may include attendance at appropriate City
Council, City Commission and neighborhood meetings.
A. Environmental Services
Services include, but are not limited to preparation of documents, distribution and
filing of environmental noticing, preparation of studies and technical reports as
required by the CEQA and NEPA including, but not limited to:
• Initial Study
• Notice of Preparation
• Notice of Availability
• Notice of Determination
• Categorical Exemption
• Negative Declaration
• Mitigated Negative Declaration
B. Technical Studies
• Environmental Impact Report
(Program, Focused, Master, Staged)
• EIR Addendum, Supplemental EIR,
Subsequent EIR
• Mitigation and Monitoring Program
• Response to Comments
• Statement of Overriding Considerations
• NEPA compliance documents
As necessary, prepare any technical studies needed to complete the environmental
review or for development proiects as -needed, including but not limited to:
• Air Quality Study
• Noise Impact Study
• Biological Resource Assessment
• Cultural Resource Study
• Environmental Site Assessments
• Geological/Soil Study
• Greenhouse Gas Assessment
C. Staffing Services
• Health Risk Assessment
• Historical Resource Assessment
• Hydrology/Water Quality Study
• Water Supply Assessment
• Mineral Resource Study
• Utility/Sewer Study
• Traffic Study
The Planning Division is also seeking qualified professional individuals, firms, or multi-
disciplinary teams with experience in current and advanced planning, and historic
preservation to assist with development projects and planning efforts on an as -
needed basis.
EXHIBIT B
FEE SCHEDULE (OR) RATES AND CHARGES
Page 11 of 11
Exhibit B
Table 2. PlaceWorks 2019 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
$210-$335
Associate Principal
$190-$230
Senior Associate/Senior Scientist
$160-$210
Associate/Scientist
$120-$180
Project Planner/Project Scientist
$95-$135
Planner/Assistant Scientist
$85-$110
Graphics Specialist
$65-$160
Clerical/Word Processing
$45-$180
Intern
$65-$95
Uixe..lem88r. Were el t plea 7%
Mimae IeImN,aamBM rate b IM Ma Ward 1RS8p ,rmd Me.
June 6, 2019 1 Page 2
A� O® CERTIFICATE OF LIABILITY INSURANCE
°A06MO2200°"""'
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(!") 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
Marsh Risk & Insurance Services
17901 Vol Kaman Avenue, Sude 1100
CONTACT
NAME:
PHONE FAX :
'AIC NO Fan
(949) 399-5800; License 90437153
EJAAIL
A Elul:
Irvine, CA 92614
INSURERSAFFORDING COVERAGE
NAIC#
Am: NewportBeach.CerlRequest@marsh.comlF: 212-9484323
INSURER A: Crum&FMISr SPOCIAnY Insuranco Co
44520
CN115158923-01-01-20-21
INSURED PlaceWaks, Inc
INSURER B : Travelers Indemnity Company of Connecticut
25682
INSURER c : Travelers Pcoerbr Casualty Company Of America
25674
3 MacArthur Place, Suite 1100
INSURER D :
Santa Ana, CA 92707
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: LOS-OD2212046-24 REVISION NUMBER: 9
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 OFINSURANCE
ADDL
SUER
POLICY NUMBER
POLICY EFP
POLICY UP
LJMRS
A
X
COMMERCIALGENERA LIABILITY
X
X
EPK131438
0701/2020
OT0112021
EACHOCCURRENCE
S 5.004000
CLAIMS -MADE � OCCUR
PREMISES Ea occurrence
$ 50,000
X
N ED EXP (Any orw person)
$ 5,000
BI & PD Dec. $5.000
PERSONAL& ADV INJURY
S 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER'.
GENERAL AGGREGATE
S SAD0,000
ul
X POLICY❑JECT LOC
PRODUCTS-COMP/OPAGG
5 5.000,000
Contractors Pollution
5 5,000,000
OTHER
B
AUTOMOBRELUBI W
X
X
BA1N96406A20CAG
0701020
0701Rg21
COMBINED SINGLE LIMIT
Ea accident)
5 1,000,000
BODILY INJURY (Per person)
5
AINY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per ecddgd)
$
PROPERTY DAMAGE
Per amdanl
S
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
ComplCdi Deductibles
S 1,000
UMBRELLA LIAR
X
OCCUR
EX513287562014
07101)2020
07101IM21
EACH OCCURRENCE
s 4,000.000
X
AGGREGATE
S 4,000A00
EXCESS UAB
CLAIMS -MADE
DIED
I I RETENT
5
I
1
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WORKERS COMPENSATION
AND EMPLOYERS' UASILRY
ANYPROPRIETOWPARTNEREXECUTIVE YIN
OFFICERIMEMBEREXCLUDED'1 1
(VAMMM In NH)
NtA
UB7K72867620140
07M1020
07101QO21
% STATUTE ERµ
E.L EACH ACCIDENT
$ 1,000,000
EL DISEASE -EA EMPLOYEE
S 1.D00,000
If yea. dasul0e under
DESCRIPTION OF OPERATIONWm
E L DISEASE -POLICY LIMIT
S 1,000,000
A
Errors & Omissions -Claims Made
EPK131438
07/0112020
07N12021
Each GaimlAggregate
5,00Q000
Reim Dates-. See 2nd Page
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tat, AddlDorul Remarks Schedule, may W atleched V more OR" M "UnHill
Re: Operations performed by the named insured for the certificate holder
City of Santa Ana, is officers, agents, employees, end volunteers are included as additional insured where required by written contract with respect to General and Auto Liability This insurance is primary and non-
contributory over any existing insurance end kneed to liability arising ou(of the operations of the named insured end where required by writer, contract win respect to General Liabdlty Waver of subrogation is
applicable where required by written contract with respect to General and Auto Liability
A. AOI3CInX/Fr'%
Gty of Santa Ana
Risk Management Division
20 Critic Center Pfau, 4th H
Santa Ana, CA 92701
2 7 020
H ANCINE IL REAL
1wT92Lala�LBLLwli.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORRED REPRESENTATIVE
of Mash Risk & Insuance Services
Rosalynda Martinez
R_`YY1wA#t4n4e�%
CoZL:T:T:bLi[:l
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
BA I N96406A20CAG Effective 07/01/2020
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any
injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or
limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS -INCREASED
LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE COV-
ERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION 11-COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who is An Insured, of SECTION II - COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
2. The following replaces Paragraph b. in B.S.,
Other Insurance, of SECTION IV - BUSI-
NESS AUTO CONDITIONS:
Any person or organization who is required under b. For Hired Auto Physical Damage Cover -
a written contract or agreement between you and age, the following are deemed to be cov-
that person or organization, that is signed and ered "autos" you own:
executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire,
"piupeity damage" occurs and that is in effect rent or borrow; and
during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by
tional insured is an "insured" for Covered Autos your "employee" under a contract in
Liability Coverage, but only for damages t4*WWED & APPROVPD "employee's" name, with your
By Risk MANACIEMnNT DIVISION
CA T3 53 02 15 02015 The Travelers Indem�nji om any. All rights reserved. Page 1 of 4
Includes copyrighted materiel of su 'H er e'�' Ono. with Its permission.
002088
hI A V 12E
BA I N96406A20CAG Effective 07/01/2020
COMMERCIAL AUTO
permission, while performing duties
(a) With respect to any claim made or "suit"
related to the conduct of your busi-
brought outside the United States of
ness.
America, the territories and possessions
However, any "auto" that is leased, hired,
of the United States of America, Puerto
rented or borrowed with a driver is not a
Rico and Canada:
covered "auto".
(1) You must arrange to defend the "in-
D. EMPLOYEES AS INSURED
sured" against, and investigate or set -
tie any such claim or "suit" and keep
The following is added to Paragraph A.1., Who Is
advised of all proceedings and ac-
An Insured, of SECTION II — COVERED AUTOS
io
tions.
LIABILITY COVERAGE:
(ii) Neither you nor any other involved
Any "employee" of yours is an "insured" while us-
"insured" will make any settlement
ing a covered "auto" you don't own, hire or borrow
without our consent.
in your business or your personal affairs.
(iii) may, at our discretion, participate
E. SUPPLEMENTARY PAYMENTS — INCREASED
in
in defending the "insured' against, or
LIMITS
in the settlement of, any claim or
1. The following replaces Paragraph A.2.a.(2),
"suit".
of SECTION II — COVERED AUTOS LIABIL-
(iv) We will reimburse the "insured" for
ITY COVERAGE:
sums that the "Insured" legally must
(2) Up to $3,000 for cost of bail bonds (in-
pay as damages because of "bodily
cluding bonds for related traffic law viola-
injury" or "property damage" to which
tions) required because of an "accident"
this insurance applies, that the 1n-
we cover. We do not have to furnish
cured" pays with our consent, but
these bonds.
only up to the limit described In Para-
2. The following replaces Paragraph A.2.a.(4),
graph C., Limits Of Insurance, of
of SECTION II — COVERED AUTOS LIABIL-
SECTION II — COVERED AUTOS
ITY COVERAGE:
LIABILITY COVERAGE.
(4) All reasonable expenses incurred by the
(v) We will reimburse the "insured" for
"insured' at our request, including actual
the reasonable expenses incurred
loss of earnings up to $500 a day be-
with our consent for your investiga-
cause of time off from work.
tion of such claims and your defense
the "insured" against any such
F. HIRED AUTO — LIMITED WORLDWIDE COV-
"s uitn but only up tand included
ERAGE — INDEMNITY BASIS
within the limit described in Para -
The following replaces Subparagraph (5) in Para-
graph C., Limits Of Insurance, of
graph B.7., Policy Period, Coverage Territory,
SECTION II — COVERED AUTOS
of SECTION IV — BUSINESS AUTO CONDI-
LIABILITY COVERAGE, and not in
TIONS:
addition to such limit. Our duty to
(5) Anywhere in the world, except any country or
make such payments ends when we
jurisdiction while any trade sanction, em-
have used up the applicable limit of
bargo, or similar regulation imposed by the
insurance in payments for damages,
United States of America applies to and pro-
settlements or defense expenses.
hibits the transaction of business with or
(b) This insurance is excess over any valid
within such country or jurisdiction, for Cov-
and collectible other insurance available
ered Autos Liability Coverage for any covered
to the "insured" whether primary, excess,
"auto" that you lease, hire, rent or borrow
contingent or on any other basis.
Without a driver for a period of 30 days or less
(c) This insurance is not a substitute for re -
and that is not an "auto" you lease, hire, rent
quired or compulsory insurance in any
or borrow from any of your "employees",
country outside the United States, its ter -
partners (f you are a partnership), members
ritories and possessions, Puerto Rico and
(if you are a limited liability comlRID EWED &
APPROWElla.
members of their households. By Risk MANAGEmeNT DivisioN
Page 2 Of 4 02015 The Travale de
hte reserved. CA T3 53 02 15
Includes copyrighted material f e
Mew hits permission.
FRANCIEAL
BA I N96406A20CAG Effective 07/01/2020
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto' will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF
USE — INCREASED LIMIT
The following replaces the last sentence of Para-
graph AA.b., Loss Of Use Expenses, of SEC-
TION III — PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident'.
I. PHYSICAL DAMAGE — TRANSPORTATION
EXPENSES —INCREASED LIMIT
The following replaces the first sentence in Para-
graph AA.a., Transportation Expenses, of
SECTION III — PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.C. Cover-
age Extensions, of SECTION III — PHYSICAL
COMMERCIAL AUTO
(2) In or on your covered "auto'.
This coverage applies only in the event of a total
theft of your covered "auto'.
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III — PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1,b. and A.1.c., but
only:
a. If that "auto* is a covered "auto' for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one 'loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or 'loss" ap-
plies only when the "accident" or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganizatiun), ul
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
DAMAGE COVERAGE: We waive any right of recovery we may have
Personal Property against any person or organization to the ex-
tent required of you by a written contract
We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident'
parel and other personal property which is: or "loss", provided that the 'accident' or "loss"
(1) Owned by an "insured"; and REVIEWED & APPR(E out of operations contemplated by
By Risk MANAGEMer:r Division
CA T3 53 02 15 0 2015 The Travelers I rvl 7LREAL
All rights reserved. Page 3 of 4
Includes copyrighted mat al c I n- Fric nc. with its permission.
0020e7 FItAN ' I I
BA I N96406A20CAG Effective 07/01 /2020
COMMERCIAL AUTO
such contract. The waiver applies only to the The unintentional omission of, or unintentional
person or organization designated In such error in, any information given by ynii shall not
contract. prejudice your rights under this insurance. How-
N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col -
The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of
cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal.
SECTION IV — BUSINESS AUTO CONDITIONS:
REVIEWED & APPROVED
By Risk MANAGrmmr DIVISION
AJ 7220NE R. VILLAREAL
Page 4 of 4 0 2015 The Travelers Indemni•.y Company. All rights reserved. CA T3 53 02 15
Includes copyrighted material of Insurance services Office, Inc. with its permission.
07/0100 fn 07/01/71 #FPK1 31449
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED
WITH WAIVER OF SUBROGATION
This endorsement modes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
I•ld:1:1*D11=
Name Of Additional Insured Person(s) or Organization(s)
Where Required By Written Contract.
A. SECTION ill — WHO IS AN INSURED within the Common Provisions is amended to include as an
additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with
respect to "claims" caused in whole or in part, by'�our work" for that person or organization performed by
you, or by those acting on your behalf.
This insurance shall be primary and non-contributory, but only in the event of a named insured's sole
negligence
B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the
Schedule shown above because of payments we rrake for "damages" arising out of "your work" performed
under a designated project or contract with that person(s) or organization(s).
C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which
the coverage afforded by this Endorsement applies
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
REVIEWED & APPROVED
BY Risk MaNar FmmT Divis,ON
JI 7 2020 n
EN0118-0211 UVNAN(J_1 E Il. VIL QPage 1 of 1
LAREAL
07/OI/20 to 07/01/21 *EPK131438
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Person(s) or Organization(s):
Location And Description Of Completed Operations
here Required By Written Contract.
Where Required By Written Contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section III — Who Is An Insured within the
Common Provisions is amended to include as
an 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".
REVIEWED & APPROVED
By Risk MAmicFmrwt Division
EN0320-0211 U20 Page 1 of 1
FRANCINE I<. VIL REAL
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION - CERTIFICATE HOLDER(S)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
ERRORS AND OMISSIONS LIABILITY COVERAGE PART
THIRD PARTY POLLUTION LIABILITY COVERAGE PART
ONSITE CLEANUP COVERAGE PART
Certificate Holder(s)
The City of Santa Ana its officers employees
20 Civic Center
Santa Ana Ca 92701
SCHEDULE
agents and representatives
Under the Common Provisions, SECTION VI — COMMON CONDITIONS, item 2. Cancellation And
Nonrenewal is amended by the addition of the following:
If we cancel this Policy before the expiration date thereof, we will mail a 30 days written notice (ten (10) days
for non-payment of premium) to the Certificate Holder(s) indicated in the Schedule shown above.
EN0136-0211
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
REVIEWED & APPROVEL
By Riik M'MorMem DivisioN
JUL 27 1010Z_
hNAN .. t. REAL
Page 1 of 1