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HomeMy WebLinkAboutCORGAN, INC.A-2020-230-11 AGREEMENT TO PROVIDE ON -CALL SPACE PLANNING AND o•.. P W��O��n�la Ll ARCHITECTURAL CONSULTING SERVICES THIS AGREEMENT is made and entered into this 17th day of November, 2020 by and between Corgan, 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 March 30, 2020, the City issued Request for Proposal No. 20-040, by which it sought qualified consultants to provide on -call space planning and architectural consulting services for the City's Public Works Agency. 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 RFP No. 20-040. 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 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: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 20-040, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 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. Consultant is one of ten (10) consultants selected to provide services on an on -call basis under RFP No. 20-040. The total annual compensation for these services provided by all such consultants selected under RFP No. 20-040 shall not exceed the shared aggregate amount of $300,000 during the term of the Agreement, including any extension periods. 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 Page 1 of 8 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 November 16, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing executed by the City Manager and 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. If the services 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 CONSULTANT Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an eniployer-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 tinder this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 Page 2 of 8 & 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, 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. 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. C. 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 Page 3 of 8 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 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 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party 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. Page 4 of 8 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 (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 specified under this Agreement. 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) Page 5 of 8 P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Corgan, Inc. 5800 Bristol Parkway, Suite 640 Culver City, CA 90230 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 timeframes, 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. Page 6 of 8 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. 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 Page 7 of 8 A-2020-230-11 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 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: 0 `DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney HN M. FUNK Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NJ,BIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA t� KRIS INE RIDGE City Manager CONSULTANT Name: BRENT KEL EY Title: Managing Pri cipal Page 8 of 8 EXHIBIT A Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING AND ARCHITECTURAL SERVICES RFP NO.: 20-040 Introduction and Background: The City of Santa Ana intends to retain Space Planning and Architectural Services on an as -needed or "on -call" basis. A Professional Services Agreement will be entered into with several of the qualified firms/consultant(s) to provide space planning and architectural services for a variety of projects on an on -call basis. Areas of responsibility shall include architectural, space planning, structural, construction management, mechanical and electrical engineering, ADA survey, and move management services. On an on -call, as -needed basis, the selected firm(s) may be asked to provide professional services on specific, project -by -project basis, based on an agreed -upon scope of services and fees. All proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City of Santa Ana. The architects and engineers in the firm must be licensed and legally qualified in the State of California to practice the work for which consideration is requested. Selected firm(s) shall have the necessary qualifications and experience to provide space -planning, architectural, and engineering consulting services to the City. Services may involve all or some of the phases of project development and shall include, but not necessarily be limited to, the following activities: Site Analysis Perform site analysis during initial design work. This may include site visits, photographs, analysis of existing space(s), meetings with various City departments to discuss specific space requirements. Conceptual Layouts/Space Plannine Prepare alternative preliminary space layouts, including engineering details and engineering calculations, and estimates of probable costs for each alternative. Present information to the City along with a written response of the advantages and disadvantages of each alternative plan taking into consideration operational, programmatic, adjacency needs and appropriate design standards. Permits/City Approvals (City as reizulatory agency) Assist City departments in obtaining entitlements, permits and other City approvals, as required. Architectural, Interior Design, and Enizineerine Services Provide architectural, structural, mechanical and electrical engineering services and cost City af24M AIR'�f0-040 estimating services during the schematic design, design development and construction document phases. Work products shall include engineering details, engineering calculations, architectural plans, and elevations, material specifications, cost estimate, and final plans and specifications. Prior to acceptance of design, Consultant is to prepare a summary report detailing the effort of utility coordination, IT coordination, and due diligence for the City's review and acceptance. Third -party cost estimate and constructability review may be included in the design effort at the City's request. 1. Schematic Design: Develop schematic design site plan drawings illustrating the scale and relationship of project components. 2. Design Development: Prepare design development package consisting of: a) Drawings and other documents that outline repairs or solutions and describe the size and character of the project with respect to architectural, interior, structural, mechanical and electrical systems b) Materials and samples c) Other required elements based on the approved schematic design documents. Designs must comply with the current Building codes and any other City requirements. Additional site visits and coordination with City departments will be required to ensure that design development meets the department's needs. 3. Construction Documents: Prepare construction documents consisting of plans and specifications calculations, and cost estimates setting forth in detail the requirements for the construction of the project based on the approved schematic design and design development documents. The construction documents will include, but not limited to: plans, details, and specifications for structural, electrical, mechanical, plumbing, ADA requirements, parking, and landscaping; all fully coordinated with the architectural design. Plans should include recommendations for green building standards and sustainable development to reduce costs, improve the health of building occupants, and reduce the negative impacts to the environment. A refined cost estimate based on the final construction documents shall also be prepared. There shall be no additional costs due to revisions of the drawings to bring the design up to code compliance. Assist the City departments in obtaining reviews and approvals from applicable public agencies for design reviews, plan checks, and permits. Assist the City in obtaining all required permits, reports, and other information to bid the project. The City will pay all permit fees. The Consultant shall be required to provide continued communication and feedback with various City personnel throughout the process to provide a cost-effective and quality design that meets the needs of the client department(s). Post Design Services At the City's sole discretion, assist the City Department(s) with the following services. 1. Bidding a) Preparing bid documents and packages b) Answering bidder's questions City of� L F? c) Scheduling and attending pre -bid conferences and job/site walks d) Preparing bid addenda e) Preparing bid analyses and reviewing and responding to bidders' submittals, such as shop drawings, product data, samples and proposed equivalent products and materials. 2. Construction and Construction Management a) Prepare "as -built" drawings, in current CAD format, as required b) Visit construction site as needed to monitor quality of the work and resolve construction issues. c) Assist engineer, consultant and inspector with interpretation of the following: • Plans and specifications • Analysis of change conditions • Development of corrective actions • Review of shop drawings and other submittals • Review, negotiation and preparation of change orders d) Manage the construction phase and coordinate construction meetings to ensure the project is completed on time and within budget. • Provide weekly estimates of percent of work completed • Approve vendor invoices for submittal to the City. Move Management Services At the City's sole discretion, assist the City Department(s) with the following services. • Survey all existing items to relocate. • Meet with client and the client's furniture vendor to verify the placement of all items for move. • Third party/peer review of architectural plan(s). • Prepare move plans to show numbering system for ease of labeling boxes and items to move. • Prepare "move in" sketches for mover use, showing office and common area layouts. • Coordinate with the City's Telecommunication Services and instruct staff in preparing for the move. • Coordinate and closely supervise move labor. • Be responsible for all post -move follow-up. Special Services • Complete the State of California ADA surveys. • Provide value engineering services upon request. • Complete LEED Certification documentation upon request. Plans and Documents All plans and other documents prepared by the Consultant on behalf of the City shall become sole property of the City. All documents and files must comply with current requirements set forth by the various entities for record retention. Fee Proposal: In addition to Section III. B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: City of24M I FPI-0-040 The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project proposal is requested of a consultant. Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and sealed fee proposals which will be returned to all proposers after award of contract to the selected Proposer. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination by Contractors" for each firm on their team. City 0f2JV 'F�20-040 CORGAN EXHIBIT B CITY OF SANTA ANA Space Planning and Architectural Consulting Services Space Planning and Architectural Consulting Services 25G-1 S2 RFP 20-040 April 20, 2020 CORGAN April 20, 2020 Gabriela P. Lomeli Project Manger City of Santa Ana Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, California92701 Request for Proposal (RFP) for Space Planning and Architectural Consulting Services RFP No.: 20-040 Dear Gabriela: First things first, thank you! We appreciate this opportunity to provide space planning and architectural consulting services to City of Santa Ana/Santa Ana Public Works Agency ("City"). We are qualified to provide on -call, as needed services and be on your space planning and architectural consultant team. Through our qualifications, you come away with an understanding of who we are and why Corgan is the right partner. Comprehensively qualified, Corgan has all the relevant skills, experience and resources required to provide on -call services for the next three years and beyond. Expertise — We've done this before and have been at the heart of the most recent examples of this type of project. From the Salt River Project, City of Chandler Public Safety Training Center, City of Waller City Hall and Civic Center, City of Peoria Pinnacle Peak Police Patrol Building, Sacramento International Airport for the County of Sacramento, and LAX Midfield Satellite Concourse, Corgan has been instrumental in the creation of the vision, planning, and successful execution of similar projects. Experience — We know these building types and the interior design and space planning requirements. With multiple millions of square feet of civic, corporate office, and interior design projects in our portfolio, including virtually every type of workplace, we understand the full range of issues that influence the design of these often -complex projects. This includes all the special needs associated with coordinating with local authorities, codes and regulations, as well as listening to and understanding the needs of all stakeholders. We also have the added benefit of mechanical, electrical, plumbing, and structural consultants who have experience working with the City and other municipalities and have history of partnering with us. Leadership — We have a reputation as great team player. We are proud to be known for our ability to work collaboratively and gain consensus among many stakeholders. We value the contributions of the great many professionals that 25G-1 S3 surround us, and we worked hard to channel the collective wisdom of the group to make these opportunities both successful and fulfilling. As accomplished leaders, we have found that the alignment of personalities is as important to the success of a project as the proper alignment of its goals. We know how to build consensus. Commitment — Our experienced professionals are dedicated. Many of us on the team have been at Corgan for decades and have had the good fortune to become experts in our respective fields. From visioning, to programming, across all design phases, through construction documentation and beyond, you will be working with the same people from start to finish. Our team structure provides the personal commitment that comes from "owning" responsibility for the project and maintaining the continuity of project knowledge that is so important for success in these endeavors. The key personnel assigned to this project will be available and committed throughout its entire duration. Resourcefulness — We have all the necessary resources. With a firm of over 600 team members, we have substantial horsepower... we can hit it hard and make it go. Our architects and interior designers have a long and successful history of performing and delivering excellent service to our clients and creating building environments for them that are tuned to their specific needs. Outstanding client service is in our DNA. With our commitment to shared objectives and making well researched and studied recommendations that will ultimately evolves to a design solution, we have the multi -faceted dedicated team to serve your needs. We truly appreciate this opportunity to work with the City as one of the on -call architects for space planning and architectural services and look forward to making our relationship with you the start of a long and successful one. Sincerely, ` —i" IT Brent Kelley Sean Kim Managing Principal, Principal -in -Charge Vice President, Project Manager 25G-1 S4 0 0 cg a� 0 0 9 wl IL yJ �i^�f Pi�RMA:� i . otateme Dualificatic STATEMENT OF QUALIFICATIONS FIRM OVERVIEW Agility in Design Our clients are experiencing disruptions in their markets. Ideas about what makes a good airport terminal, office, data center, hospital, or school are quickly changing. These disruptions are driving a demand for new ways to create places and the generation of critical ideas that will help propel them forward. OUR STRENGTHS GIVE US THE ABILITY TO HELP OUR CLIENTS SOLVE THESE PROBLEMS. We build mutually beneficial relationships with our clients. We are successful when our clients are successful. Our work is informed by data and research. These reveal insights into our clients and users. We are driven by user experience. We get into the heads and hearts of the people who use our spaces. Market Expertise Aviation Education Commercial Data Centers Healthcare Interiors We are passionate about designing places that succeed on the client's terms. We believe it is important to exceed their vision of success. We are agile, harnessing core strengths to move quickly and change direction without losing control. It is a skill we posess, and one in which we are investing to become even more proficient. A Leading Architecture + Design Firm years in business, and growing employees across 12 locations repeat client business 25G-1 S6 CHGAN STATEMENT OF QUALIFICATIONS B. CONTRACT AGREEMENT STATEMENT THESE CHANGES WERE NOT ACCEPTED BY CITY b. Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. Corgan appreciates the opportunity to review the terms of the Standard Consultant Agreement and is confident that a mutually agreeable contract can be reached by the parties. As currently written, there are provisions that raise the standard of care and compromise insurance coverage. As such, Corgan requests an opportunity to dialogue with the City of Santa Ana regarding the following provisions: (1) Recital — standard of performance, (2) Section 8 (Indemnity) and; (3) Section 16 (Termination and Owner's right to use Architect's drawings). We also request the opportunity to review any "Additional Provisions" for Exhibit D, if applicable. GORGAN 25G-1 QZ STATEMENT OF QUALIFICATIONS C. FIRM AND TEAM EXPERIENCE c. Proposal shall include a profile of the firm's experience. Include resumes of project team/sub- consultants that will be providing services which outline theirtechnical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. At Corgan, we value agility in problem solving. So we build responsive teams —the right designers, the right researchers, the right experts in trends and strategy —working together to create leading -edge, beautiful, surprising solutions that align with the business goals of our clients. In team building, one size does not fit all. Janani Kannan Interiors Project Manager CONSULTANTS �PE3S .r t-, ft Brent Kelley Principal -in -Charge A Sean Kim Project Manager/ Project Lead 91 Pearl McLin Project Architect m,yamoto. PBS Engineers Miyamoto MEP Structural Engineering 0' j16 J� Lisa Vien Project Interior Designer IN-HOUSE RESOURCES Emily Strain Director, Workplace Strategy and Change Management Jennifer Wehling LEED and Sustainability Jasmine Efrussy Director, Furniture Strategy John Mares Certified Access Specialist 25G-188 Brent Kelley AIA, NCARB, LEED AP Principal -in -Charge Brent will be the Principal -in -Charge, overseeing contract execution and monitoring project process. His primary responsibilities will be to make sure all project goals and guidelines are incorporated into the final project design. Brent will be involved from project initiation through project closeout and provide overall guidance to the project team. MEOW P'. 'tot- CJ�F'CKICIVIit — Corgan Los Angeles Office Relocation —American Airlines Federal Credit — LAX Los Angeles I me rnatio na I Airport, Midfield Satellite Concourse — LAX Los Angeles International Airport — Bradley West Terminal 4 Connector 25G-1 S9 Sean Kim CID, AIA ASSOCIATE Project Manager/Project Lead Sean has over a decade of experience in interior architecture for civic, commercial, healthcare, education, and aviation industries. He is driven by a passion to help clients flourish and works collaboratively and strategically to deliver the highest level of focused service. His fresh and bold approach to solution -based design is driven by how space is experienced holistically. As a project manager/project lead, he will be responsible for the design leadership and the main contact for this project. years of experience r4. SELECT EXPERIENCE — SCAG, Southern California Association of Governments Branding and Interiors Refresh — Corgan Los Angeles Office Relocation — Union Cowork UTC — County of San Bernardino, Attorney General Office —County of Riverside, Fire Department Administration Building — LAX Midfield Satellite Concourse Gateway and Passenger Tunnel —SMF Sacramento International Airport, Terminal A, Restroom Renovation 25G-190 5 Janani Kannan LEED AP Interiors Project Manager k * 19 _ a SELECT EXPERIENCE EL With over 14 years of design experience, Janani has created success for her clients at every stage of the design process, from concept development through project completion. She is a talented and visionary interior designer at Corgan and will provide project management, technical leadership, and day-to-day coordination with consultants for this project. Her focus and passion for design, coupled with strong problem solving skills, have made her an invaluable asset to the interiors studio. 1� years of experience —Zebra Technologies — LAX Midfield Satellite Concourse — Corgan Los Angeles Office Relocation — NASDAQ Office — SCAG, Southern California Association of Governments Branding and Interiors Refresh — Union Cowork UTC —Locke Lord LA Renovation 25G-191 Pearl McLin Project Architect AIA, LEED AP BD+C t-r7TR Pearl's experience ranges from terminal programming and design efforts for aviation projects, to corporate interiors, higher education and healthcare. As a project architect, she collaborates with clients and project teams throughout the design process from schematic design to construction administration to create innovative, functional and sustainable buildings. Pearl helps client's realize their vision and strives to meet expectations through transparency, communication and innovation. years of experience SELECT EXPERIENCE — City of Santa Monica, Big Blue Bus Maintenance Facility — City of Anaheim, ARTIC — San Pedro Waterfront Masterplan —San Diego North Embarcadero Masterplan —Orange County Groundwater Replenishment System — LAX Midfield Satellite Concourse North — RiCloud IDC-San Jose — Project Goodyear Data Center —Vantage Due Diligence 25G-192 Lisa Vien Project Interior Designer Lisa is a detail -oriented, talented, and a visionary designer with a love for technology. Her brand experience and background on similar projects for major corporate clients across multiple levels and varying scales makes her a valuable resource and knowledge center. In addition to her design acumen, Lisa brings a high level of proficiency in many design and rendering programs giving her the ability to bring the team's vision to life. She is an excellent planner and appreciates perfectly executed details. SELECT EXPERIENCE — Corgan Los Angeles Office Relocation — Union Cowork UTC —Locke Lord LA Interior Renovation —Vantage Data Center Blucora —Sacramento International Airport Terminal A Restroom Renovation — NewAmerican Funding Redhill Office and 8 25G-193 STATEMENT OF QUALIFICATIONS ;, Director, Workplace Strategy and Change Management Emily Strain RID, LEED AP Director, Furniture Strategy Jasmine Efrussy RID LEED and Sustainabiliy Jennifer Wehling AIA, LEED AP BD+C, ID+C Certified Access Specialist John Mares AIA, LEED AP BD+C, NCARB, RIBA, DBIA Emily leads the effort to develop and execute an effective strategy to help employees understand and embrace new ways of working with minimal resistance and maximum efficiency. Jasmine evaluates furniture products both existing and new to make recommendations with respect to the client's overall furniture needs. Jennifer is the leader of the firm's sustainability efforts and primary resource for sustainable design knowledge. John has 33 years of experience executing a wide range of project types including education, aviation, and commercial projects. He is a certified Access Specialist. 25G-194 9 STATEMENT OF QUALIFICATIONS D. UNDERSTANDING OF NEED d. Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. Undo, statidinq of Need We understand that the scope may include providing on -call, as needed services to any of the City facilities including architectural, space planning, structural, construction management, mechanical and electrical engineering, ADA survey, and move management services. We also understand that we may be asked to provide professional services on specific, project -by - project basis, based on an agreed -upon scope of services and fees along with consultant services on an as -needed basis. In addition, all proposals, plans, drawings, specifications, estimates, grant applications, and/or studies will be subject to the final approval and satisfaction of the City. Corgan and our subconsultant engineers are licensed and legally qualified in the State of California to practice the work that may be required an on -call, as needed basis. Corgan has the necessary qualifications and experience to provide space planning, architectural, and engineering consulting services to the City and may involve all of some of the phases of the project development and shall include, but not necessarily be limited to, the following activities as described in the RFP: ■ Site Analysis ■ Conceptual Layouts/Space Planning ■ Permits/City Approvals (City as regulatory agency) ■ Architectural, interior design, and engineering — Schematic Design — Design Development — Construction Documents ■ Post Design Services Bidding Construction Management Move Management Services ■ Special Services — Complete the State of California ADA surveys. — Provide value engineering services upon services, including third party cost estimate and constructability review at City's request. 10 GORGAN 25G-195 request. Complete LEED Certification documentation upon request. Fully understand City's vision for each on -call project, both in terms of objective and subjective goals. This includes not only a thorough understanding of the program requirements and budget, but also your understanding of the project and its impact. STATEMENT OF QUALIFICATIONS D. UNDERSTANDING OF NEED Project Approach Our methodology is focused on supporting the needs of our clients, their schedule and goals. An important part of our approach is to establish an inclusive process upfront. This provides that, as projects develop, each member of the City's team and Corgan are satisfied that all the project goals and objectives are met. To best serve the City and stay true to our methodology, this relationship would be managed by Sean Kim as Project Manager/Project Lead. Brent Kelley as Office Director and will serve as Principal -in -Charge and will administer the architectural contract. Brent is responsible for maintaining the client's expectations and working with your procurement department. It is his job to enable the core team to tap into their technical expertise, vast experience, and passion to create effective, innovative designs unique to each organization. Brent will be supported by Pearl McLin as Project Architect. Janani Kannan will serve as Interiors Project Manager, and be supported by Lisa Vien as Project Interior Designer. Sean will remain personally involved, seeing the project step-by-step through to completion. This team was formed to specifically address the needs of this project. Corgan offers the perfect balance of substantial firm resources with dedicated project -focused teams. The project will be managed from our Los Angeles office, with support from staff located in both Phoenix and Dallas on an as needed basis. Our standard practice is to staff each project with individuals who remain involved throughout the duration, seeing the project through to completion The team is formed to specifically address the needs based on project size, type, complexity and the client and will manage each project from inception to warranty walk-through. While a core team leads each project, Corgan will pull from resources across the firm to provide support in areas of expertise, such as specialists in furniture, move management, LEED, and ADA specialists. Additionally, all architectural and interior design services are provided only by staff employed by Corgan. This method allows us to maintain consistency and quality control for all Corgan projects. The following pages outline our approach to, and output of, each project phase. Project Start-up At project start-up, our primary effort will be directed towards a learning process to fully understand City's vision for each on -call project, both in terms of objective and subjective goals. This includes not only a thorough understanding of the program requirements and budget, but also your understanding of the project and its impact. Design Development Using programmatic information, we will develop multiple conceptual designs. After reviewing and developing those designs with you, the conceptual designs and program will become the reference for the development of schematic plans and studies. As these are developed and refined, we begin detailed development of the project for compatibility with your needs; checking the design again your schedule, budget, goals, and ideas. We believe that the design recommendations should arise naturally out of its environment, the program and your aspirations rather than our preconceptions. Our distinct style is your unique vision. Focused Solutions Throughout the process, we encourage in-depth participation by your project team to confirm all project goals are met. In our experience, we have worked with multiple stakeholders and are able to respond to a variety of suggestions and opinions on a project while staying focused on the primary requirements of program, schedule and budget. We listen first, and our collaborative approach makes us a trusted partner. 25G-196 CHGAN I STATEMENT OF QUALIFICATIONS Deliverables As an on -call consultant to the City, Corgan's D. UNDERSTANDING OF NEED may be asked to provide professional services on specific, project -by -project basis. Each project will be based on an agreed -upon scope of services and fees. Although the deliverables for each project may vary, our project approach and methodology will remain consistent throughout the contracted period. Suggestions, or special concerns that the City should be made aware of. Schedule Aligned with Work Plan As Corgan develops the schedule for this project, we will develop a keen understanding of the issues and variables involved within each phase of the design and construction process. The key to a successful schedule is developing a work plan which allows each of the key players, owner, design team, and contractor sufficient time to plan, price and construct the project satisfactorily. Graduated Liquidated Damages Even if the schedule is adequate, there are still challenges that can arise with respect to time. These can be alleviated by verifying that the contract documents and specifications are written in such a way as to provide proper encouragement for the contractor to complete his work. One technique Corgan has found to be successful is the concept of graduated liquidated damages. For example, the first two weeks a project is overdue, the penalty is relatively mild with escalating penalties as the time becomes longer. This helps prevent delays from becoming long term. Modified Fast Track Scheduling Areas that the firm pays special attention to are those which typically lead to schedule slipping. This Includes: time required for base building and finish - out programming; owner review processes for design and construction documentation, including sign -off; and special phasing requirements within the project. The contracting method also plays an important role. Corgan frequently has success with modified fast track scheduling, even within a competitive bid framework. Identify Any Assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate Please see attached fee proposal. e. Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. The list on the following pages includes a small sample of recently completed work and work with public agencies. 12 GORGAN 25V-197 M 9 SRP Administration Building M PROJECT STATS YEAR COMPLETED 2020 CLIENT Mortenson Construction REFERENCE Devin Hunsaker Senior Project Manager 480 339 7864 Visual elements provide a healthy lifestyle for employees. This existing building, SRP Corporate Headquarters will be completely, renovated while the building remains occupied with over 1,200 employees. Sixty-four departments will be relocated to improve adjacencies and to simplify department work -space layouts, building circulation and aesthetics. New huddle spaces, break rooms, conference, building security, and building support spaces will be key design features, as well as swing space for future building demands and growth. The total project square footage will be 440,783 and includes the existing building renovation (324,719 square feet), and building expansion of a five - story, mid -rise infill building and a three-story replacement and addition. Other pre -enabling projects on the PAB campus that have already been completed include: A complete gut and remodel of the three level 64,000-square-foot Credit Union Building (CUB); a new three-story 800+ car parking garage; and a new fleet maintenance garage. 14 GORGAN 25G-199 IF �-j 17 7 25G-200 CDRGAN 15 Corgan Los Angeles Office PROJECT STATS YEAR COMPLETED 2018 CLIENT Corgan REFERENCE David Saeta IDS Senior Vice President 213 446 3969 Striking the balance between regionalism and global brand. Having outgrown our space in Playa Vista, Corgan decided to lay down roots in Culver City.Our goals was to create a space that evokes the spirit of the Golden State with incorporated local preferences, while remaining true to our identity and roots. Awarm, vibrant palette supports the Corgan brand with nods to the California culture with hints of blue symbolizing the ocean. The workspace is centered on flexibility and features a variety of workstations, phone rooms and collaboration zones to accommodate all types of meeting needs. The flexible furniture and open plan supports multiple uses and can transform from a workplace to a space for intimate industry and client events. The large conference room opens to the community kitchen with bi-folding glass panels that can be open to combine spaces into one large gathering area leading to a covered terrace with seating overlooking the Catalina Island. Large sliding doors in this area can remain open on a warm windy day allowing the fresh air to encompass the office space bringing the outdoors in. 16 GORGAN 25G-201 I A workspace embodying Southern California Cool without the cliches 25G-202 17 City of Waller City Hall and Civic Center PROJECT STATS YEAR COMPLETED 2019 CLIENT City of Waller REFERENCE Cynthia Ward City Secretary Extension 12 936 372 3880 The perfect balance of mirroring and connecting to the surrounding community. The City Hall in Waller, Texas, requires the development of an existing city block to be utilized for city administration, public works, municipal court, and city council functions. This new, ground -up building is traditional steel and masonry construction to match the surrounding context. A southern plaza connects city hall to a new open park, designed for the adjacent block. The civic center's renovation updated the existing amenities, and brought deficient items up to code. A continuation of a pre -engendered metal building serves for the expansion of the gathering area and a central core will contain the entry, office and restrooms. Planters and screen walls were constructed along the front of the building. 18 GORGAN 25G-203 25G-204 19 City of Peoria Pinnacle Peak Police Patrol Building may= PROJECT STATS YEAR COMPLETED 2017 CLIENT Haydon Building Corp. REFERENCE Jeremiah Hernandez Project Manager 602 296 1496 State-of-the-art training amenities to encourage learning and collaboration. This new 17,000-square-foot police facility, situated on an existing campus is comprised of a police patrol services building with administration, training rooms, and community space, processing area, holding cells, evidence processing, interview, tactical training, MILO, officer work spaces, briefing, break, canine, sally port, fuel island, secure parking,'/4 milejog path and exterior secure break areas. Officer conditioning and fitness training is a foundation for physical strength as well as a personal recharging. The facility includes state -of -the -ark and fitness and strength -training room, personalized air -ventilated, individual lockers with secure charging outlets/ports for equipment and devices, and private shower/changing rooms. 20 GORGAN 25G-205 City of Chandler Public Safety Training Center PROJECT STATS YEAR COMPLETED 2017 CLIENT City of Chandler REFERENCE Rick Rehfeldt Senior Architect 602 331 4141 New, phased public safety training campus. Designed as one primary building complex and fire support building, rather than multiple stand alone buildings, this project focused on supporting the police and fire training efforts, where various means of communication and practical application are employed, to equip trainees with the skills to do theirjobs safely and effectively. Site and building layouts and circulation are supported by low-tech/high-touch and high-tech communication and applications. These include collaborative meeting and classroom spaces, effective large audience audio/visual presentations, high tech firearms simulation training, hands on defensive tactics training and live fire weapons training. 25G-206 CHGAN 21 STATEMENT OF QUALIFICATIONS F. REFERENCES f. Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. As requested, professional references are provided below: SRP Administration Building Steve Knighton Director of Operations Mortenson Construction 480 339 7869 steve.knighton@mortenson.com County of Riverside Fire Administration Building Dexter Galang, CCM Senior Planner UCR 951 827 4724 dexter.galang@ucr.edu Lawton Airport Fire Station Barbara McNally LAW Airport Director Lawton - Ft Sill Regional Airport 580 353 4869 x 302 barbara@flylawton.org ...We needed a trusted partner who understood our people and our culture. Corgan worked quickly to listen and understand who we are and what we need. Their team's people skills, attention to detail, focus on value and breadth of experience have led us to a building design I am confident our employees will be proud of and meet their needs for many years to come. BILL HANNES SENIOR VICE PRESIDENT OF SPECIAL PROJECTS PIONEER NATURAL GAS 22 GORGAN 25G-20I scope c R.rvices a Z1.11.1 1Z STATEMENT OF QUALIFICATIONS 2. Proposal shall include a general Scope of Services and general Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule 1 timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. SCOPE OF SERVICES AND SCHEDULE In -House Additional Services ■ Bond planning and communications ■ Change management ■ Workplace Strategy ■ WELL certification ■ LEED certification Arch itecturalflnterior Design Services ■ Lighting design Corgan includes all services required to complete ■ District -wide facility assessments the scope of work as part of our basic services. We typically negotiate a contract with the client that ■ Furniture services includes a complete team. This allows the client to hold one contract for the entire scope of the project ■ Equipment planning and promotes continuity, confirming responsibilities ■ Visualizations/ rend erings are clearly and contractually identified. Our in-house services include: ■ Environmental branding ■ Architectural programming ■ Architectural design and documentation Subconsultants In addition, our team can manage all the remaining ■ Construction administration potential services requested by the City, with the inclusion of outside consultants. Corgan forms ■ Master planning teams with the most qualified consultants for the specific project type. We have many consultants ■ Estimate of probable cost that we share a long relationship with, and would recommend to the City, however, we remain open ■ Historic property renovation/restoration to working with consultants that the City prefers. ■ Space planning We have completed many successful projects in collaboration with other firms and are comfortable ■ Interior design with this arrangement if required. ■ Quality assurance/quality control review ■ MEP ■ Site feasibility analysis ■ Structural ■ Specifications ■ Civil ■ Roofing, Waterproofing ■ Food Service ■ Landscape 24 GORGAN 25G-209 `E[( - )\; \� Q s q - `� [{ ! } - ! ; } ] ` ( / `� � � { / ■ j ! - 2\!! �� ol r ! - (\} [ (\ \ ; \ ` 2 5 G —^ 0 S-1 - V _0 Fl. F I 1111 us � Ll� LIM CERTIFICATIONS :T -1 Appendix ATTACHMENT 3 CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance 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 bid, 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 other 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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange County Subscribed and sworn to (or affirmed) before me on this 10th day of April , 2020, by Brent Kelley , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me O'Wolt_ AL >,rx Notary Public Signature 0W.",t GLL K KfNNEDr Notary 10 p11750®30 MyW'IE.P., payu5[ 5, 1023 Notary Public Seal 25G-212 27 CERTIFICATIONS NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge 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 making 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. 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 making 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 subrecipients shall certify and disclose accordingly. Signed: Brent Kelley Title: Managing Principal Firm: Corgan, Inc. Date: April 20, 2020 28 25G-213 CERTIFICATIONS ATTACHMENT 3-3 NON-DISCRIMINATION CERTIFICATION The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor 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 Contractor 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 Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor 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 Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor 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 Contractor 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 Contractor'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 Contractor 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. 25G-214 C°RGAN 29 CERTIFICATIONS 7. The Contractor 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, 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 subContractor or Contractor as a result of such direction by the administering agency, the Contractor 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 Contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Brent Kelley Title: Managing Principal Firm: Corgan, Inc. Date: April 20, 2020 30 25G-21 5 CORGAN THANK YOU! I 25G-216 CORGAN CITY OF SANTA ANA Fee Proposal 25G-217 GORGAN■ 25G-2 1 Q FEE PROPOSAL CORGAN TERMS AND CONDITIONS OF PROFESSIONAL SERVICES — CORGAN ASSOCIATES, INC. April 2019 Compensation Out curtcnt standard houtly sates when applicable to y= proposal are: (Note: The amounts listed below- are the maximum amounts Eor each join title) Managing Pxuacipal $395.()0 Principal $380.00 Associate Principal $345.00 Senior Architectural Project Manager $320.00 Architectural Project Manager $29000 Senior A—tion Planner $275.00 Aviation Planner $235.00 Senior Designer $260.00 Designer $230 00 Senior lighting Designer $250.00 Project Axclvtect $240.00 Project Architectural Sr ff $22000 Architect $200 00 Architectural Staff $180.00 Architectural Intern $145 00 Student Architecuural Intern $10000 Senior Interior Design Project Ivlanager $285 00 Interior Design Project Manager $245 00 Project Interior Designer $185 00 Interior Designer $165 00 Interior Design Staff $150 M Interior Design Intern $12500 Student Interior Design In $10000 Workplace Strategy Lead- $24500 WorhTlace Strategist $16500 F--t-e Specialist $130 00 Roofing Specialist $22500 HeAtheare Planner $17500 Education Support Specialist $18500 Senior Specifications Writer $21000 Specifications Writer $19500 Design Applications Specialist $17500 Senior QA/QC manager $240 00 QA/QC Coordinator $21000 Practice Technology ltilanager $21000 Practice Technology Specialist $17500 Photographer $160 00 Project Analyst $17500 Senior Graphic Designer $17500 Graphic Designer $15000 Graphic Design Intern $90.00 Document Control Anal}st $135 00 Administrative Assistant $14000 Validity and Efl et Ouur proposal invalid for thirty days. Should v ask m to begin,vork before ec sting an agreement, you agree that the proposcd terms are the contract in force between us, subject to amendment when our agreement is executed_ Client Responsibilities You agree to provide complete information about the site and/or building and legal, accounting, insurance counseling and additional specialty consultant smices as may be required. We shall be entitled to rely upon and shall have no responsibility to verify the accuracy and completeness of such services and infomiation. Statements You will receive a statement every month for services performed during the previous mouth. Payment is due upon receipt. Interest will be payable after 60 days at the maximum rate allowed by law_ We reserve the right to suspend work without breach of contract if }roux account is past due and to charge you for all costs mer-ed by us, including legal fees, if we take action to collect the account. All payments axe to be made in US dollars. Project Expenses Project expenses such as, but not limited to, photocopies, rep—duction, pruats, long distance communications, travel, delivery, photography, outside consultants, renderings,. models, and any additional insurance that you request will be billed at our, standard rates or at our actual expense times 1.10. You also agree to reimburse us at our cost for any sales tax which may be assessed for our professional services. Change of Scope Our fees me subject to equitable adjustment if the agreed scope is changed. Construction Phase Services Any and all construct— administration son -ices will be finished consistent with the terms and conditions of ALA Document B152, most current version, Construction Phase Services article. TO THE EXTENT YOU DO NOT RETAIN DORGAN TO PERFORM CONSTRUCTION ADMINISTRATION SERVICES, YOU .AGREE, TO THE EXTENT PER=TED BY LAW, TO RELEASE CORGAN AND ITS SUBCONSULT.ANTS FROM ANY LIABILITY FOR CLAMiS OR DAItiLAGES .ARISING DURING THE CONSTRUCTION PHASE OF THE PROJECT_ Additional Services These are senates beyond those agreed to, including among others, our revisions due to tour adjustments ;n the project scope, quality, — budget Additional Seances will be hilted at standard cares_ We ca,n also prov.�de, at your authorization and cost, graphic n,d signage design, fine art consultation, and specialized computer -produced designs, presertations, imaging, etc_ Dispute R—Nation .All claims and disputes relating to our senices will fist be addressed through non- hiindinng mediation prior to pursuit o€ fomnal claim or litigation_ A mediator that is mutually acccl, able to both parties will be sclected_ Change Orders We will review coast ..lion change orders Eor your appio—1, if these are among the scope of wink Some reasonable extent of change orders resuuitirng f om field conditions and,unanticipated causes are normal and should be anticipated by contingency in your construction budget_ Use of A—bit-0./Interior Designer's Drawings Our drawings and specifications are instruments of write solely with respect to this project_ As aurhor, we retaiin copyright, common law, a„d statutory rights_ You may retain copies Err reference, but you may runt use chose on other projects or to complete this project without om express written permission_ Termination and Suspension The Agreement maybe terminated by either of us upon 7 days written notice for either cause or convmnience. ha the event of terminatioia - project suspension, you agree to pap us Eor writes and project expenses then. due_ If )rou suspend the project Eor mine than 3 monrhs, we resen.e the right to re -negotiate the balance of our fee to re6ect current personnel and project restart costs. Should our senates be terminated without cause, you agree to release us from all liability from the work we performed. Asbestos and Hazardous Wastes We do not perform services related to the identification, containment or removal of asbestos or hazardous waste, including pollutants, nor will we assume liability for any damages or costs related to these materials existing un builduigs, property — construction products. Insurance We carry various forms of industry insurance including Workers' Compensation, Professional Liability and Standard General Liability hnsurance. An insurance certificate is available upon request To the extent damages are covered by prcpertpmsurarnce, ve agree to wane all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of insurance. Successors and Assigns You and we agree, respeetiveip, to bead ourselves, our successors, and our assigns to the terms of the Agreement. Neither party may assign this agreement without the approval of the other. Not—thstanding, we may assign this agreement to a Corgm Associates, Inc. controlled entity or affiliate. Standard of Care In performing our services, we will use that degree of care and skill ordinarily exercised under smulm circumstances by competent members of the design profession practicing in this locality. Further, some changes and adjustments in the project will be required in order to correct errors or omssions in construction documents and should be anticipated in your construction budget contingency. Limitation of Liability The total aggregate liability of the Architect/hitexior Designer, including its sube—tultarts, will not be greater than two times (2X) the total amount of our fee for professional services for claims against the Architect/Interior Designer related to the project and services rendered or faded to sender including, but not limited to, professional errors — omissions within the normal standard of—, negligence, strict liability, breach of contract or warrarnty. Waiver of Consequential Damagcs To the fill—t extent permitted by law, neither the Owner, the Architect/Interior Designer, or their respective officers, directors, partners, employees, contractors or snb- nsuiltants shall be liable to the other — any third -party beneficiary claiming under the Agreement: — shall make any claim for any incidental, indirect or consequential damages arising out of — --red in any way to the Project — this Agreement_ No Fiduciary Responsibility of the Architect/Interior Designer to the Owner The provisions of this agreement constitute the complete responsibilities and define the relationship of the Owner and Architect/Interior Designer, moreover, nothing herein establishes a fiduciary responsibility of the Arcbitect/Interior Designer to the Owner_ END OF TERMS AND CONDITIONS GORGAN 25G-219 FEE PROPOSAL SUBGONSULTANTS: PBS ENGINEERS P 13 S ENG IN EEFRS MECHANICAL ELECTRICAL PLUMBING I CONSULTING ENGINEERS 2020 SCHEDULE OF CHARGES The fee for our services will be based on the charges listed below. All fee quotations are applicable for a period of ninety (90) days from the date of the proposal to which this schedule is attached. We reserve the right to modify these rates upon thirty (30) days advance notice. PERSONNELMOURLY RATE Principal Engineer $180 Senior CADD/Revit Operator $115 Project Manager $155 Project/Senior Engineer $135 Senior Designer $125 Designer $120 CADD/Revit Operator/Drafting $95 Senior Field Representative $120 Field Representative $110 Word Processor/Clerical $90 These rates applyto regulartime and travel time in the continental United States. A maximum travel time of eight hours will be charged in any day. Overtime, if required in the interest ofthe project, will be charged at the above rates for professional personnel and at 1.5 times the above rates for other personnel. Overtime will apply to time in excess of eight hours per weekday and all time on Saturdays, Sundays, and holidays. In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday will be made for field personnel. Reimbursable expenses are in addition to personnel rates. Reimbursable expenses will be billed at cost except as noted below. MISCELLANEOUS CHARGES Passenger Car $0.58/mile Plotting $5.00/sheet Photocopy $0.07/page INSURANCE PBS Engineers maintains Professional Liability, General Liability Insurance for bodily injury and property damage with a limit of $1,000,000 per occurrence for its own account and will furnish certificates of such insurance upon request. In the event the client desires additional coverage, we will, upon the client's written request, obtain additional insurance at the client's expense. Glendora I Houston I Los Angeles I San Diego 2100 East Route 66, Suite 210 Glendora, CA 91740 I T 626.650.0350 F 626.650.0352 www.12bsens!ineers.com Page 1 GORGAN 25G-220 FEE PROPOSAL SUBCONSULTANTS: MIYAMOTO 3 114C 91) 2020 HOURLY BILLING RATES 3 0 F-P Principal..................................................................................... $275/hr. Associate Principal.................................................................... $225/hr. Senior Associate........................................................................ $170/hr. Associate................................................................................... $160/hr. Senior Project Engineer............................................................. $140/hr. Senior Designer......................................................................... $125/hr. Project Engineer........................................................................ $125/hr. a a A 3 N Staff Engineer............................................................................ $120/hr. o m W � � a T C Administrative Assistant.............................................................. $SO/hr. zS m Expert Witness........................................................................... $350/hr. �. g' a Deposition & Court Testimony .................................................. $400/hr. ` @ a � $ o a o @ N � @ n W � � A`1 • Billing rates are subject to annual review and changes based on market conditions and necessary salary d adjustments. o N � o 0 0 0 3 GORGAN 25G-221 CORGAN THANK YOU 41 P_- =.. Francine R. UanallyaynM 6y r,a�r,.. a. ymamal Villareal m,rxaxanxxanexa-aana ACOREI CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDrrYYY) Ill 1 11/16/2020 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 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 CONTACT Michelle NAME. CORE INSURANCE GROUP 4100 International Plaza PHONE 817-471-1807 FAX AD No: E-MAIL ADDRESS: Yichelle@coreins .us Suite #150 Fort Worth TX 76109 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Continental Insurance Company 35289 INSURED INSURERS: Valley Forge Insurance Compaxy, 20508 Corgan Associates, Inc. INSURER c: Continental Casualty Company 20443 INSURER D: Underwriters at Lloyd's 401 North Houston INSURER E Dallas TX 75202 INSURER F: COVERAGES CERTIFICATE NUMBER: CLI9121326774 RFVICIOM MIINIRFR- 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 rypE OF INSURANCE ADDL SUER POLICYNUMBER POLICYEFF MMIDDIYYYV POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A CLAIMS -MADE ❑X OCCUR DAMAGE TO RENTED PREMISES Ea continence S 500,000 MED EXP(Any one person) $ 15,000 6076463567 1/1/2020 1/1/2021 PERSONAL aADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 A POLICY � JEST rX7 LOC PRODUCTS -COMPIOPAGG $ 4,000,000 Per Ocomence,'Ded. ShOOD) $ 50,000 X OTHER: SHORT TERM LEASED E U1pME 6076463587 1/1/2020 1/1/2021 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident -$--,,BOB, 000 X BODILY INJURY (Per person) $ B ANYAUTO AALL UTOS OWNED $CHESULED UTO 6076417533 1/1/2020 1/1/2021 BODILY INJURY (Per accident) $ HIRED AUTOS NON-0WNED AUTOS PROPERTYDAMAGE Per accident S $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 151000,000 AGGREGATE $ 15,000,000 A EXCESSIL CLAIMS -MADE DED X RETENTION S 10,000 $ 6076417550 1/1/2020 1/1/2021 C WORKERS COMPENSATION 60764ll600-California only 1/1/2020 1/1/2021 X PER OTH- TATUTE ER AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORPARTNERIEXECUTIVE = OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ 1,000 000 B (Mandatory In NH) 6076417564-other than m 1/1/2020 1/1/2023 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C CRIME 596644872 1/1/2020 1/1/2021 Per Loss ned.$60.00(i) 1,000,000 D Cyber Insurance CRI65540 01/01/2020 1/1/2021 Cyher Limit 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: On Call Space Planning and Architectural Services RFP No. 20-040. City of Santa Ana and all entities named S requiring additional insured status in a written executed contract with named insured are included as additional insured with respects to general liability (On a Primary S noncontributory basis for completed 6 ongoing operations) auto liability (On a primary and noncontributory basis) and Umbrella liability with a Waiver of Subrogation (WOS) in their favor. WOS applies to Workers compensation policy as well. Policies include 30 day notice of cancellation if the policy cancels for any other reason than nonpayment of premium. Above applies as long as there is a City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92702 ACORD 25 (2014101) INS025 (201401) 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 Jordan/MH The ACORD name and logo are registered marks of ACORD 10 s:p.R Risk MMugaunt D[vi®pn ,I}^� rrREVIEWm &{]APPRO}}V��®BYE�: q � � 'i r�N4taG.1� �, UaL(/✓It�6L ® Ruk Management Analyst COMMENTS/REMARKS DIRECT written executed contract with Named Insured requiring the coverage. OFREMARK COPYRIGHT 20 RhkMvugzmenl.DhUlan REVIEWED 6 APPR BY.' �(�� �\, �P•. ��11f1:11.1Y.t_' FnI MfMC �. V:.�nF/� Risk Management Analyst COMMENTS/REMARKS Following is a key to help you find the coverage on the attached endorsements: General Liability Endorsements: CNA74858XX(1-15)- Additional Insured (AI)for Ongoing Operations, Waiver of Subrogation(WOS), Primary -Non Contributory, Per Project/location Aggregate , Contractual Liability -Railroads. CNA75079XX(1-15)-Additional Insured for Completed Operations CNA74702XX 01-15- Blanket 30 Day Notice of Cancellation Severability of interest is built into the GL policy. Commercial Auto Endorsements: CNA71527XX- PNC CA20481013 and G56015B1191-Additional Insured CA04441013- WOS CNA723150213 -30 dnc Inland Marine- G-55232 Blanket Loss payee on Floater policy only Workers Compensation- California. Endorsements G-19160-B-11-97WOS WC990606-Blanket 30dnc Workers Compensation- Not California Endorsements W0003130484 & W420304b0614-WOS cc6802la 02-13-A-30 dnc Umbrella Policy - Follow Form CNA75513XX (03-2015)- -30 dnc Rhk Mmagemolt CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. IL But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph 1. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits ot insurance, thensurer will Ivatprovide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Po Page 1 of 2 Risk Division EndorsemAPPROVED The Continental Insurance Co. Effectiv Rentw�o6APPRwln BY: Insured Name: CORGAN ASSOCIATES, INC. �I Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its[®' Risk Management Analyst CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specked above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 2 of 2 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with ��s rtmtmvrvgemarx utwat . Nate aswevEo s nerRw®ar. ffl®a Rnk Management Analyst CNA CNA PARAMOUNT Blanket Additional Insured — Owners, Lessees or Contractors - with Products -Completed Operations Coverage Schedule Attachment Name of Additional Insured Persons Or Organizations (As required by written contract per Paragraph I of endorsement CNA75079) BLANKET (As per the written contract of an additional insured person or organization listed above, and location is within the coverage territory of this coverage part.) It is understood and agreed that you or your representative has notified the Insurer that the person or organization listed in the above ADDITIONAL INSURED SCHEDULE has requested additional insured status under a written contract. Please see endorsement CNA75079 for a description of the applicable coverage terms. CNA7508OXX(10-16) Page 1 of 1 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reseived. REv EweD & APPRoveo BY: p4A"+� Z V:" Risk Management Malysl CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74987XX (1-15) POI Page 1 of 1 Endorsem The Continental Insurance Co. Effective Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its E��=1yPp Risk Mugm"=-zd Msion �.� ® REVIEWED&APPROVED Br. RHk Management An CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY — NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice (other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: per Schedule On File. Address: - Per Schedule On File Dallas TX 75202-2010 If no entry appears above, the number of days notice for nonpayment of premium will be to days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. s All other terms and conditions of the Policy remain unchanged This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX (1-15) Page 1 of 1 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. ReAEWM 6 AITRUVD BY: RBk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Additional Insured — Extended Coverage 4. Boats 5. Bodily Injury— Expanded Definition 6. Broad Knowledge of Occurrence/ Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability — Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury— Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage — Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 27. Wrap -Up Extension: OCIP, CCIP or Consolidated (Wrap -Up) Insurance Programs CNA74858XX (1-15) POI Page 1 of 18 Endorse me The Continental Insurance Co. Effective Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its "Mumgm¢ntDrwwt '..\eREWED&APPROgV® )aV�:Em7 Ruk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through 1. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. REvIE & APPROvm ar. copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., wdh its 1 �� Risk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. 0. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or UNA74858XX (1-15) Po Capynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with As E- 4 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED's INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: if e Named insure -has agree iwriting n a—c rsttact or egreement-that-this-insurance-is-primary-and-non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED- EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership orjoint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Pol Page 4 of 18 Endorsem � . Dhislon The Continental Insurance Co. Effectivi REVIEWED 6 APPROVE] er. Insured Name: CORGAN ASSOCIATES, INC. w F44w^^s Z VXAWAI Copyright CNA All Rights Reserved. Includes copyrighted matedal of Insurance Services Office. Inc., with its Risk Management Analyst CNA CNA PARAMOUNT, Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Po Copynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc.. with its E CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part, For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY— RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: CNA74858XX (1-15) Pol Page 6 of 18 Endorsem Risk mumpmrufwran The Continental Insurance Co. Effectivil REMEwED&APPRov®6Y: Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its ®' Risk Management Analyst CNA CNA PARAMOUNT' Architects, Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instntctions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: 1. Damages under Coverage B, regardless of the number of locations involved; CNA74858XX (1-15) Page 7 of 18 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Pol Endorsem Effectiv Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with Its i% RideMvugemmtDlAs[o; t REVI &AppR By. �. Risk Management Malys[ CHA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSt1RANC-E-- PER-LOCATION-Pwvisionshall-continue-toapplyas-stipulated— - 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A- Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Pol Page 8 of 18 Endorsem RIAMOWa""dDlivision The Continental Insurance Co. Effectiv I((,I`^&APPROVED Bv: Insured Name: CORGAN ASSOCIATES, INC. Copydghl CNA All Rights Reserved. Includes copyrighted material of Insurance Services Orfice, Inc., with its RMWE' Risk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: I. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Po l Page 9 of 18 Endorsem The Continental Insurance Co. Effective Insured Name: CORGAN ASSOCIATES, INC. copyright CNA All Rights Resented. Includes copyrighted material of Insurance Services Office. Inc., with its `F. 12®Ie Muugemml Diwdurt REmEwm & APPROvm By. F+Eaatne R. VtCA4"t Ruk Managetnent Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; III. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the cc -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Otherinsurance CNA74858XX (1-15) rot Page 10 of 18 Endorsem RIA Mougemad Divislan The Continental Insurance Co. EffectiV REV1Ev D&APPRovm Bv: Insured Name: CORGAN ASSOCIATES, INC. f.^hz P- vskut Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with ifs RiskManageinenf Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up)insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured's co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement ('If any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CNA74858XX (1-15) PO l Page 11 of 18 Endorse In The Continental Insurance Co. Effective Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insumnce services Office. Inc., with Its eN BhkMrouganndeo O n .F IitvltwmfiArraw®By: a f4i0llWZ VXAIInl 14-11WE Risk Management Malyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance_ applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Po l Page 12 of 18 Endorsem %. � DWan The Continental Insurance Co. Effectiv ����t� ReAEwEo&APPIsw®Br. Insured Name: CORGAN ASSOCIATES, INC . �;�t�ttt■r��", F^+��`^'� �• �^•�P Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office, Inc., with its ®' Risk Management Analyst CNA CNA PARAMOUNT /� Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Pol Page 13 of 18 Endorsem The Continental Insurance Co. Effectiv Insured Name: CORGAN ASSOCIATES, INC. Copynght CNA All Rights Reserved. Includes copynghteo material of Insurance services office, Inc., with its RiskMwgemmtDividon p Irrmmw 6 APrRwD Br. !�. Rlsk Management Melyrt CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) rot Page 14 of 18 Endorsem tt.Il ntm.eodo" The Continental Insurance Co. Effectiv 2 �'^EwED &Meaw®av: Insured Name: CORGAN ASSOCIATES, INC. tey,.. �~Cf c, F�wae Vitma copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its ® Risk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 of 18 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Endorsemi Effective Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its _ Rule Mougement DMsian l PREVIEWED 6 APPROVED BY: t IW� Z Vj, ,A ie. Ruk Management Analyst CNA I PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurers request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE -ELEVATORS A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE - ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: A. Paraqraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Pol Page 16 of 18 Endorsem % RI&N-VementDhielon The Continental insurance Co. Effectiv ��REvlevm&/NPROV®Bv: Insured Name: CORGAN ASSOCIATES, INC. 8' �+r^-+`e R• V^^u� Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its Riskblanagement Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effector becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX (1-15) Po l Page 17 of 18 Endorsem The Continental Insurance Co. Effective Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Resewed. Includes copyrighted material of Insurance Services Office, Inc., with its Rule Man.gem ad ntvalan E EAEwED bAPPRIOVEDBY.' Rnk Management Analyst CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. Page 18 of 18 The Continental Insurance Co. Insured Name: CORGAN ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its REVIEWED&APPROVED By: Fin cL.e R. VcCL�� ®' Risk hlanagem nl Analyst POLICY NUMBER INSURED NAME AND ADDRESS C 6076463587 CORGAN ASSOCIATES, INC. 401 N HOUSTON ST C/O ACCOUNTS PAYABLE DALLAS, TX 75202-2010 INLAND MARINE LOSS PAYEE SCHEDULE All loss payees as their interests may appear in the Covered Property. The following provisions apply in accordance with the insurable interest of the loss payee: Loss Payable, Lender's Loss Payable, or Contract of Sale. Description of Property: Any Covered Property in which a loss payee, creditor or lender holds an interest, including any person or organization you have entered a contract with for the sale of the Covered Propery. LOCATION N/A BUILDING N/A Provisions Applicable : N/A Description of Property: Leased and Rented Equipment Loss Payee Name and Address: BROADCAST RENTALS INC PO BOX 3175 TEMPE, AZ 85280 Provisions Applicable : N/A Description of Property: LEASED AND RENTED EQUIPMENT Loss Payee Name and Address: WOODEN NICKLE LIGHTING INC 6920 TUJUNGA AVE NORTH HOLLYWOOD, CA 91605 Chairman of the Boats G-55232 (Ed. 01/97) INSURED Countersignature �Alw Risk Manageaent Division REVIEWED f, APPROVED By: /e ® Risk Management Malys[ Workers Compensation And Employers Liability Insurance This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ❑ Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) r Endorsement Effective Date: Endorsement Expiration Date: E "MoogwriattD[Wtlmt Endorsement No: 51; Page: 1 of 1 P "a' , 1�� REOEMM&APPRw®Br. Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Ifµr,µ.K �. V:.i�lAl� Chicago, IL 60606 —.— �' Risk Management Analyst £' Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Rese CNAWorkers Compensation And Employers Liability Insurance We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) P Endorsement Effective Date: Endorsement Expiration Date: E Endorsement No: 5; Page: 1 of 1 P Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright 1983 National Council on Compensation Insurance, Risk Mmageme t DMe(un ����� [REVIEWED&(AP'PIR�O(V/ED BYE: �itY1.11:eYJ.'i f IN4iV.�.i�! Fes. VaGrfAP/fr. AMORWO. R[sk Management Analyst CNA Workers Compensation And Employers Liability Insurance This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 � Copyright CNA All Rights Reserved. P E P RiskMowganad Division RE Al 6 APPRove] By: [ Buk Management Analyst CNA C 1 (Ed.d. 02/ 02/13) NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certifcateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. CC68021A (Ed. Page 1 of 1 Insured Name: Copyright CNA All Rights Reserved. Poli EndorsemE EffectivE w�k�t,n.�tna�n RPAEwm&APPRQVm BY: F4M':" Z V fLcnuL ® Risk Management Malys[ CNACNA Paramount Excess and Umbrella Liability This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows: NUMBER OF DAYS NOTICE OF CANCELLATION (OTHER THAN NONPAYMENT OF PREMIUM) Notwithstanding anything to the contrary, for any statutorily permitted reason other than nonpayment of premium, the number of days required for written notice of cancellation to the Named Insured listed first in the Declarations of this Policy is increased to 30 days before the effective date of cancellation. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CNA75513XX (03-2015) P Endorsement Effective Date: Endorsement Expiration Date: P Endorsement No: 2; Page: 1 of 1 P Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 's Copyright CNA All Rights Reserved. Risk Mawge..d Dhisbn RevlE 6 APPRova7 Or. 1®Risk Management Analyst CNA Business Auto Policy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CORGAN ASSOCIATES, INC. Endorsement Effective Date: 01 /01 /2020 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 P Endorsement Effective Date: Endorsement Expiration Date: P Endorsement No: 9; Page: 1 of 1 P Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St. Chicago, IL 60606 0 Copyright Insurance Services Office, Inc., RhirMarsgm enlDMs[on REmEwED 6 APPROvae 6y., r �� Risk Management Analyst CNA It is understood and agreed that this endorsement amends the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Business Auto Policy In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 11. Number of days advance notice: 10 Days if we cancel for non-payment of premium. 30 Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by 2. Person or Organization's Name and Address Name: BLANKET AS REQUIRED PER WRITTEN CONTRACT Attention: Street Address: City, State, 21P: e-mail address: All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA72315XX (04-2019) P Endorsement Effective Date: Endorsement Expiration Date: P Endorsement No: 17; Page: 1 of 1 P Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 � Copyright CNA All Rights Reserved Risk Mnugo adDlvielm t, VIEweo 6 APPRovm 9Y: eraRE ��' Rukklanagemen[Malyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Corgan Associates, Inc. Name: Project A-2020-230-11 Number: Project Agreement To Provide On-Call Space Planning And Name:Architectural Consulting Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE ACORD Form AUTOMOBILE LIABILITY 6076417533 01/01/2024 12/19/2022 20221221- 102728- 77.pdf City of Santa GENERAL LIABILITY 6076463587 01/01/2024 12/28/2022 Ana - Corgan.pdf City of Santa Ana_CAI_PL PROFESSIONAL LIABILITY DPR5006201 12/11/2023 02/14/2023 12-11- 2023.pdf ACORD Form WORKERS COMPENSATION AND 6076417564 01/01/2024 12/19/2022 20221221- EMPLOYERS' LIABILITY 102728- 77.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/15/2023 12:01 PM