HomeMy WebLinkAboutLAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC. 1City of Santa Ana
Clerk of the Council
-- AGREEMENT TERMINATION
RECEIVE
Please complete this form when the attached agreement is no to r f . PVI I" OCT 2 6 2007
Return form to the Clerk of the Council Office (M-30).
Call 647-5237 if you have any questions. CITY OF S ra M TA AN>aA M ANA PLANNING DEPT
_CLERK OF
---------- COUNCIL
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The agreement with LAW S o v? /-? S SoC_ ores
No. ?A - 0k4=>O ^7 - I o---A
was completed on ?j
r
and final payment has been made.
Department:
Phone/Ext.:
Signature:
Date: r
Revised 07-23-07
INSURANCE ON FILE
WORK MAY PROCEED N-2007-124
UNTIL INSURANCE EXPIRES
5-18-08
CLERK OF COUNCIL
DAtE: ~p-a5-p~ 2
o: pl0.r~;„~ R a~;~ai A9~~r ( ~
CONSULTANT AGREEMENT
T r.~c~. Zaa h~
TEIIS AGREEMENT, made and entered into this 2"d day of October, 2007 by and
between LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC., a California
corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
geology analysis and geotechnical studies.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide an analysis of the site geologic and geotechnical conditions for
the proposed West End Lofrs development to be located at 320 West Fourth Street in Santa Ana,
California, as set forth in Consultant's proposal, attached hereto as Exhibit A.
2. DELIVERY OF WORK PRODUCT
Consultant shall deliver to City all work product which results from the services
provided. Said work product shall be submitted in hard copy and produced in a form compatible
with City's computer system, as agreed between the Project Manager and Consultant.
In regard to all copyrightable material produced as a deliverable under this Agreement
including but not limited to books, reports, plans, photographs, drawings, videotapes, and
computer programs, Consultant agrees, for itself and for its affected officers, employees, agents,
contractors, and volunteer workers, that (a) other such material may not be copyrighted without
prior review by the City, and (b) the authors of all such material, whether copyrighted or not,
award to the City, and to its officers, agents and employees acting within the scope of their
official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive,
irrevocable license throughout the world for governmental purposes to disclose, publish,
translate, reproduce, and use such materials.
3. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a
flat Fee of $2,500.00.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2008, unless terminated earlier in accordance with Section 13, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of Planning and
Building and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insureds) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the Ciry Attorney.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
£ If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise due to
negligent acts, omissions or willful misconduct in the performance, from the direct or indirect
operations of the Consultant or its contractors, subcontractors, agents, employees, or other
persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from negligent acts,
omissions or willful misconduct in the performance of this Agreement.
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.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the fallowing persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and
Executive Director of Planning and Building
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Lawson & Associates Geotechnical Consulting Inc.
Contact: Kevin Colson
1319 Calle Avanzado
San Clemente, CA 92673
Telefacsimile: (714) 369-6142
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
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 nor
the City. Each parry 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 parry, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation far 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 Ciry unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION -VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, Califomia, 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.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow 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:
-~~ ATRICI . HEA Y
Clerk of the Council
CITY OF SANTA ANA
DAVID N. RE~SJI
City Manager
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
,~
By:
La heedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
LAWSON & ASSOCIATES
GEOTECHNICAL CONSULTING INC.
~~ ~~~~
KEVIN COLSON
Vice President
Tax>D# 33-~q~b43~
-l~/ ~
AY M. TREVINO
xecutive Director -Planning and Building Agency
Lawson & Associates Geotechnical Consulting, Inc.
August 29, 2007
Mr. Ryan Bean
Urban West
936 E. Santa Ana Blvd.
Santa Ana, California 92701
Project No. 071104-O1
Subject: Proposal for Geology Analysis, Proposed West End Lofts Development, 320 West Fourth
Street, Santa Ana, California
Introduction
In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has prepared
this proposal to perform an analysis of the site geologic and geotechnical conditions for the proposed West
End Lofts development to be located at 320 West Fourth Street in Santa Ana, Califomia. We understand that
the proposed development will ultimately include construction of aone-story, at street-level gallery/retail
space, with five stories of residential units above and one-story of subterranean parking below.
In order to ascertain the suitability of the site for the proposed development, we propose to review available
geotechnical and geologic data for the site and to perform a site reconnaissance visit. Our findings and
conclusions will be summarized in a brief report formatted to serve as the geology/soils chapter of the project
Environmental Impact Report (EIR). Our report will highlight the potential geotechnical constraints and
advantages of the site for the proposed development.
Scone of Geotechnical Services
We propose to conduct a geotechnical literature review and reconnaissance site visit to provide a cursory
evaluation of the geotechnical characteristics of the site and to identify readily apparent geotechnical
constraints and advantages to the proposed development.
The following is a list of our proposed services:
Review readily available published geotechnical reports and maps pertinent to the site.
• Site reconnaissance visit.
Based on the information obtained from our study, we will prepare awrite-up for the geology/soils
chapter of the project EIR. This text will discuss the feasibility of development of the site with, respect to
the onsite geotechnical conditions. The text will address anticipated geotechnical constraints and
advantages associated with development of the site, including provisional conclusions with regard to the
geotechnical impact on the proposed development and provisional recommendations for appropriate
mitigation measures. Specifically, the text will include a discussion of the following:
1319 Calle Avanzado .San Clemente . CA 92673-6351 • (949) 369.6141 . Fax (949) 369-6142
'`EXH6~' I . ~,
- Regional geologic discussion and the general geologic characteristics of the onsite soils;
- Presence/absence of faults;
- Seismicity;
- Presence/absence of ground water;
- Slope stability;
- Collapse potential;
- Expansion potential;
- Corrosion potential;
- Preliminary pavement design;
- Excavation characteristics;
- Liquefaction potential;
- Foundation type; and
- Recommended focus for future site geotechnical investigations.
Note: Our study will only address the geotechnical issues associated with the site and will not address any
environmental issues.
Schedule
Once we receive the notice to proceed, we will begin our research immediately and will perform a site
reconnaissance visit within approximately two to three days. We anticipate that we will provide you with our
write-up for the geology/soils chapter of the project EIR within approximately one to two weeks of initiation
of our study.
Cost
We propose to perform all of the above-mentioned services for a Lump Sum amount of Two Thousand Five
Hundred Dollars ($2,500.00). If this proposal meets with your requirements, please sign and return the
Terms and Conditions of Authorization form and we will send you one original for your records. We will
start work immediately upon receiving authorization.
Closure
Our proposed services will be performed to the general standard of care of geotechnical consulting in
Southern California; no other warrantee is expressed or implied.
Project No. 071104-01 Page 2 August 29, 2007
The opparmnity of submitting this proposal is sincerely appreciated. -f you should have any questions, please
do not hesitate to contact this office.
Sincerely,
LAWSON ~ ASSOCIATES GEOTECHNICAL CONSULTING, INC.
Kevin Q. Colson
Vice President
KBC/sec
Attachment: Terms and Conditions of Authorization
Distribution: (2) Addressee
ProjeG No. 07110={-01 Page 3 August 39, ?007
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective.)
Effective
Policy #
Issued to
this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
rl:....•u. T~Gao
LAWSOASSO
ACORD,w, CERTIFICATE OF LIABILITY INSURANCE 0°9J2~07°Dnvvv)
PRODUCER
Dealey, Renton & Associates
P. O. Box 10550 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, E1(TEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Santa Ana, CA 92711-0550
714 427-6810
INSURERS AFFORDING COVERAGE
NAIC k '.
INSURED INSURER A: Travelers Indemnity Co. of Connectic
Lawson & Associates Geotechnical Consul INSURER B: Travelers Casualty Ins. Co. of Ameri
1319 Calle Avanzado INSURER C: Evanston Ins. Co.
San Clemente, CA 92673 INSURER D~ Travelers Property Casualty Co of Am
INSURER E:
COVERAGES
TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR
MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NBR
TYPE OFINSURANCE
POLK:Y NUMBER
P pLIEYMF DWYVE
PDATE M PIRATION
LIMITS
A GENERAL LIABILITY 6801779L231TCT07 05/18/07 D5/1S/OB EACH OCCURRENCE $1000OQQ
X COMMERCIAL GENERAL LIABILITY General Llab. DAMAGE TO RENTED $3DD OGD
CLAIMS MADE ~ OCCUR excludes claims MED E%P (Any ane person) $6 QDO
arising out of PERSONALAADVINJURV $1 OOOOOO
the performance GENERAL AGGREGATE $2 DDD DDD
GEN'LAGGREGATE LIMIT APPLIES PER: Of prOfe5510naI PRODUCTS ~COMP/OP AGG 52 DGD DDD
POLICY PRO LOC
JECT SerVICeS.
D AUT OMOBILE LIABILITY BA3059L16507GRP D5J18/D7 DS/1 BJDB COMBINED SINGLE LIMIT
(Eeaccltlenp $1,000,000
ANVAUTO
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
$
x NON-OWNED AUTOS (Per accitlenp
PROPERTY DAMAGE
(Per accitlenQ S
GARAGE LIABNTY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: qGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION ANO XSU66460Y821 06/01!07 06/01/OB )( WC SrATU- orH-
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$1000 000
ANY PROPRIETORlPARTNERIE%ECUTIVE
OFFICEWMEMBER E%GLUDED? E.L. DISEASE-EA EMPLOYEE $1,000,000
If yyes, tlescnbe untler
$PECWL PROVISIONS below
EL.DISEASE-POLICY LIMIT
$1~DDD,DDD
(`, OTHER professional AE813202 05/18107 05/18/08 $1,000,000 per claim
Liability $1,000,000 annl aggr.
Claims Made
DESCRIPTION OFOPERATIONS / LOCATIONS l VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
~
~
~
`'''
"`' ~ ~~ ~ '
RE: 071104-01, Proposed West End Lofts Development, 320 West Fourth St., Santa Ana, CA '
The City of Santa Ana, its officers, employees, agents, volunteers and (
representatives are additional insureds as respects general liability as _ /~s
required by written contract. Primary Insurance applies to general - ~---~ --
liabilitypolicy. c=
'
.,.,c~. ;
Ir, !,
rFRTIRIrATF Nrll nFR CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
The City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~~ DAYS WRITTEN
20 Civic Center Plaza NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Santa Ana, CA 927D1 IMPOSE NO OBLIWTN)N OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUT OPIZED REPRESENTATIVE
ACORD 25 (2001!08)1 of 1 #S205383/M794743 HHM O ACORD CORPORATION 1988
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS}
This endorsement modifies insurance provided under the fallowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section II} is amended to
include any person or organization that you agree
in a "contrail or agreement requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or'personal injury"; and
b. If the injury or damage arises out of the per-
#onnance, by you or your subcontractor, d
"your work" to which the "contrail or agree-
ment requiring insurance" applies. Such per-
son or organization does not qualify as an
additional insured with respell to their ihde-
pendent acts or for "bodily injury", "property
damage" or "personal injury` for which that
person or organization has assumed liability
in a contract or agreement.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
b. This insurance does not apply to the render-
ing of or failure to render any "professional
ser+rices".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contrail or agree-
ment requiring insurance", or the limits shown
in the Declarations for this Coverage Part,
whichever are less. This endorsement does
not increase the limits of insurance stated in
the L[MITS OF INSURANCE (Section III) for
this Coverage Part.
3. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
CG D3 81 09 06 ®2006. The St Paul Travelers Insurance Companies, Ina
Includes copyrighted material of Insurance Services Office, Ync., vrith Its permission.
.. ... ..... .... _..........
However, if you specifically agree in a "contract or
agreement requiring insurance" That the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
prim?"v and nnn-contributory basis, this insurance
~is primary to omer msuPance That is available to
such additiona{ insured which savers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(7) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contrail or
agreement requiring insurance". But this. insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section M
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contrail or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contrail or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
injury' or "property damage' occurs, or the "per-
sonal injury" offense is committed.
5. As respells the insurance provided to the addi-
tional insured by this endorsement, the following
definition is added to DEFINffiONS (Section V):
Page 1 of 2
COMMERC3AL GENERAL LIABILITY
"contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the 'bodily injury" and
"properly damage" occurs, and the "personal ln-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
A11 other terms of your policy remain the same.
Page 2 of 2 ®2000, The St Paul Travelers tnsuranee Companies, Inc. CG D3 81 09 06
Includes copyrighted material of insurance Services Office, Inc.. with its permission.
POLICY NUMBER: 680-1779L231-TCT-07
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 10/03/07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
The City of Santa Ana, its officers, employees, agents,
volunteers and representatives
20 Civic Center Plaza,
Santa Ana, California 92701
PROJECT/LOCATION OF COVERED OPERATIONS:
071104-01, Proposed West End Lofts Development,
320 West Fourth Street, Santa Ana, California
1. WHO IS AN INSURED (Section II) is 2.
amended to include the person or
organization shown in the Schedule above
as an additional insured on this Coverage
Part, but:
a. Only with respect to liability for "bodily
injury", "property damage" or "personal
injury"; and
b. If the injury or damage arises out of the
performance, by you or your
subcontractor, of "your work" on or for
the project, or at the location, shown in
the Schedule above. Such person or
organization does not qualify as an
additional insured with respect to their
independent acts or for "bodily injury",
"property damage" or "personal injury"
for which that person or organization
has assumed liability in a contract or
agreement.
The insurance provided to the additional
insured by this endorsement is limited as
follows:
"contract or agreement requiring
insurance" for that additional insured,
or the limits shown in the Declarations
for this Coverage Part, whichever are
less. This endorsement does not
increase the limits of insurance stated
in the LIMITS OF INSURANCE
(Section III) for this Coverage Part.
a. This insurance does not apply to the
rendering of or failure to render any
"professional services".
b. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed to provide in a
3. The following is added to Paragraph a. of
4. Other Insurance in COMMERCIAL
CG D3 82 09 O6 Includes copyrighted material of Insurance Services Office, Inc., with i[s permission. Page 1 of 2
Copyright, Insurance Services Office, Inc., 2007
GENERAL LIABILITY CONDITIONS
(Section IV):
However, if you specifically agree in a
"contract or agreement requiring
insurance" that, for the additional
insured shown in the Schedule, the
insurance provided to that additional
insured under this Coverage Part must
apply on a primary basis, or a primary
and non-contributory basis, this
insurance is primary to other insurance
that is available to such additional
insured which covers such additional
insured as a named insured, and we
will not share with the other insurance,
provided that:
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance" for such additional insured.
But this insurance still is excess over
valid and collectible other insurance,
whether primary, excess, contingent or
on any other basis, that is available to
the additional insured when the
additional insured is also an additional
insured under any other insurance.
4. The following is added to Paragraph 8.
Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL
GENERAL LIABILITY CONDITIONS
(Section IV):
We waive any rights of recovery we may
have against the additional insured shown
in the Schedule above because of
payments we make for "bodily injury",
"property damage" or "personal injury"
arising out of "your work" on or for the
project, or at the location, shown in the
Schedule above, performed by you, or on
your behalf, under a "contract or
agreement requiring insurance" with that
additional insured. We waive these rights
only where you have agreed to do so as
part of the "contract or agreement
requiring insurance" with that additional
insured entered into by you before, and in
effect when, the "bodily injury" or "property
damage" occurs, or the "personal injury'
offense is committed.
5. As respects the insurance provided to the
additional insured by this endorsement,
the following definition is added to
DEFINITIONS (Section V):
"contract or agreement requiring
insurance" means that part of any contract
or agreement under which you are
required to include the person or
organization shown in the Schedule as an
additional insured on this Coverage Part,
provided that the "bodily injury' and
"property damage" occurs, and the
"personal injury" is caused by an offense
committed:
a. After you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy period.
All other terms of your policy remain the
same.
CG D3 62 09 O6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2
Copyright, Insurance Services Office, Inc., 1988