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HomeMy WebLinkAboutKALISKI, JOHN AIA DBA JOHN KALISKI ARCHITECT 6 -2014INSURANCE ON FILE N -2014 -054 WORK MAY PROCEED UNTIL INSURANCE EXPIRES /W- 1,3 1 y PROFESSIONAL SERVICES AGREEMENT CLERK OF COUNCIL DATE C):PBA 14 RsIIS A EMENT, made and entered into this day of 2014, by and between JOHN KALISKI AIA dba JOHN KALISKI ARCHITECTS, a sole proprietorship ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation of the State of California ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of urban design and architectural consulting for the provision of on -call services to the City's Planning and Building Agency. 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 general urban design and architectural consulting services on an on -call basis to the City. The scope of services and budget is attached hereto as Exhibit A and is incorporated by this reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work products that result from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with the 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, films, recordings, 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 from 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, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. 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 three (3) years from said commencement date or upon the depletion of the maximum contract amount as stated in Section 3 above, unless terminated earlier in accordance with provisions below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 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 tinder 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 2 additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City 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. 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. 7. 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, 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 3 claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from, and to the extent of Consultant's, negligent acts, omissions or willful misconduct in the performance of this Agreement. 8. 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. 9. 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. 10. 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 marmer provided in this Section, to the following persons: To City: City of Santa Ana C/o Clerk of the Council 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With copy to: Executive Director of PBA City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 9 telefacsimile (714) 973 -1461 and 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: John Kaliski AIA dba John Kaliski Architects 3780 Wilshire Boulevard, Suite 300 Los Angeles, CA 90010 telephone (213) 383 -7980 telefacsimile (213) 383 -7981 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. 11. 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 proposal 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 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. 12. 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 E 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. 13. 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. 14. NON- 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 opportur ity employer and shall comply with all applicable federal, state and local laws and regulations. 15. 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. 16. 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. 10 17. 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: MARIA D. HUIZAR Clerk, of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O.] Assistant Attorney RECOMMENDED FOR APPROVAL: kAq� KAREN HALUZA Interim Executive Director - PBA CITY OF SANTA ANA DAVID CAVAZOS City Manager JOHN KALISKI ARCHITECTS 7 EHIBIT A SCOPE OF SERVICES (Attached) 3780 WILSHIRE BOULEVARD, SUITE 300 LOS ANGELES CALIFORNIA 90010 www.Johnkaliskl.com (213) 383.7980 ph (213) 383.7981 fax John KaliskiAlA c�7.995 URBAN STUDIO John Kaliski Architects On -Call Urban Design and Architectural Consulting Services for the City of Santa Ana January 2, 2014 John Kaliski AIA, dba John Kaliski Architects (JKA), an urban design and architectural professional services firm, shall provide general on -call urban design and architectural services to the City of Santa Ana (City) that shall include but not be limited to the following: • Design review and assessment of projects proposed for development in the City • Development of urban design and architectural guidelines • Urban design and architecture studies, • Architectural design facilitation, and • Urban design facilitation. JKA shall represent findings in written and /or oral form as required and be available for meetings as requested by staff to represent the work provided by JKA. Services shall be provided to City staff on an on- call basis per the attached fee schedule. For urban design consulting on a meeting -by- meeting basis, design review, and meetings, Principal will be invoiced at consulting rate unless a specific project scope is agreed to in writing and in advance of work. 0210140102JKA SOW.docx 1 1/2/14 1 page 1 of 1 John Kaliski Architects 2014 PROFESSIONAL FEE SCHEDULE' Professional Staff Principal (consulting)' $220.00 Professional Consultants per hour Principal (project) $165.00 Auto Mileage per hour Project Manager $135.00 In -house Printing per hour Architect $120.00 8.5 X 11 color copies per hour Senior Designer $100.00 Black & White copies per hour Designer $90.00 per hour Junior Designer $80.00 per hour Administration $70.00 per hour Intern $55.00 per hour Reimbursable Expenses General Reimbursable Expenses cost plus 10% Professional Consultants cost plus 10% Vendors cost plus 10% Auto Mileage $0.55 per mile plus 10% Outside Vendor Printing cost plus 10% In -house Printing Large Format Plots $1.00 /SF 8.5 X 11 color copies $1.00 per page 11 X 17 color copies $3.00 per page Black & White copies $0.10 per page Note 1 Fee Schedule valid through 1/1/15 or as noted per a professional services agreement Note 2 Principal will be invoiced at consulting rate unless a specific project scope is agreed to in writing in advance of work 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 Client #: 8419 JOHNEKALI1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM)DDNYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3/10/2014 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 NAME: Of1TACT Marie Swaney Dealey, Renton &Associates "r o 626.844 -3070 199 S Los Robles #540 aOO Eel): AC No: E -MAIL ADDRESS: mswaney @insdra.com Pasadena, CA 91101 s2,000,000 Llc #0020739 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Casualty Co 25674 INSURED John E Kaliski dba John Kaliskf Arch... INSURER B: Hudson Insurance Company 25054 INSURER C: AL& ADV INJURY 3780 Wilshire Blvd., Suite 300 x Contractual Liab Los Angeles, CA 90010 INSURER D: 213 - 383 -7980 INSURER E: L AGGREGATE INSURER F. UUVercAutb CERTIFICATE NUMBER: REVISION NUMBER: 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R LTR LT TYPE OF INSURANCE ADDLSUBR INSR MD POLICY NUMBER POLICY EFF MMIDDNYYY POLICY E %P MMIDDrYYYY LIMITS A GENERAL LIABILITY X X 68067081-374 12/13/2013 12/13/2014 OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE E� OCCUR EEpAAqCCry�1HH q PREMI9E5 Eaoccurrance $2000,000 MED EXPAny one person) $10000 AL& ADV INJURY $2,000000 x Contractual Liab L AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER TS- COMPIOP AGG $4,000,000 POLICY X PEST LOC $ A AUTOMOBILE LIABILITY x BA6708L755 12/13/2013 12/13/201 DSI NGLE LIMIT ent MId 1,000,000 NJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS mfg t� AV r® •, '•`NJURY(Peraccldent) $ X HIRED AUTOS X AUTOS ED AUTOS TY DAMAGE ent $ $ X o Owned Auto UMBRELLA ILIAD 'OCCUR JUB5276Y706 's O�U i EACH OCCURRENCE $ EXCESS LIAB CLAIMS - MADE OMr A o� JODG AGGREGATE $ DED RETENTION$ $ !_a $$rplA C6 Alltorn@ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORJPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA x 01/09/2014 01/09/201 X WC STATU- OTH- LHT ER E.L. EACH ACCIDENT $1,000,000 E,L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Professional Liab AEE7242904 12/11/2013 12/11/2014 $1,000,000 per claim Claims Made Form $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Cancellation Notice: 30 Day /10 Day for non -pay of premium will be mailed to the certificate holder. General Liability policy excludes claims arising out of the performance of professional services. Insured owns no company vehicles; therefore hired /non -owned auto is the maximum coverage that applies. Re: On -call services for Urban Design & Architectural Consulting -- The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insureds as respects general & (See Attached Descriptions) City of Santa Ana* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Clerk of the Council ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza PO BOX 1988 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 -1988 a , - , U 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S9111791M840751 MGS #S9111791M840751 POLICY NUMBER: 6806708L374 COMMERICAL GENERAL LIABILITY ISSUE DATE: 12/13/2013 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 PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana* c/o Clerk of the Council 20 Civic Center Plaza PO BOX 1988 PROJECT /LOCATION OF COVERED OPERATIONS: *Completed to read: The City of Santa Ana, its officers, employees, agents, volunteers and representatives -- Re: On -call services for Urban Design & Architectural Consulting PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown In the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with 'your work' and included within the 'products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury ", "property damage" or 'personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions 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. B. The following is added to Paragraph a. of 4, Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 ® 2007 The Travelers Companies, Inc. - Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able 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 addi- tional 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 in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON. DITIONS (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 pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der 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 insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted materlal of Insurance Services Office, Inc., with its permission POLICY NUMBER: BA57031_755 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS 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" 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. Endorsement effective 12/13/2013 Named Insured Countersigned by John E Kaliski dbe Jahn Kaliskl Arch... SCHEDULE Name of Person(s) or Organization(s): (Authorized Representative) *Completed to read: The City of Santa Ana, its officers, employees, agents, volunteers and representatives -- Re: On -call services for Urban Design & Architectural Consulting (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 John E Kaliski dba John Kaliski Arch... AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB5276Y706 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization: City of Santa Ana" c/o Clerk of the Council 20 Civic Center Plaza PO BOX 1988 DATE OF ISSUE: 01/09/2014 Job Description: Client#: 8419 JOHNEKALI1 ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 3/10/2014 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 pollcy(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 kAMTEACT Marie Swaney Dealey, Renton & Associates PHONE 926.844 -3070 FAX AIC No Ell: AIC, No): 199 S Los Robles #540 E-MAIL S: mswaney @insdra.com Pasadena, 12/13/2014 EACH OCCURRENCE Llc#0020739 ic #00 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A; Travelers Property Casualty Cc 25674 INSURED INSURER B: Hudson Insurance Company 25054 John E Kaliski dba John Kaliski Arch... INSURER C: $10,000 3780 Wilshire Blvd., Suite 300 $2,000000 Los Angeles, CA 90010 INSURER D: 213. 383 -7980 INSURERS: INSURER F $4,000,000 iiallX-7_[HX-9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR rypE OF AODL INSR SUBR MD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X X 68067081_374 12113/2013 12/13/2014 EACH OCCURRENCE $2 000,900 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE LJ OCCUR PREMISES EeoNN.Twrence $2000,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $2,000000 x Contractual Liab GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMNOP AGO $4,000,000 POLICY X PRO LOC JET $ A AUTOMOBILE LIABILITY ANY AUTO x BA67081_755 12/13/2013 12/13/201 Ee aBINEDt SINGLE LIMIT $1,000,000 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident C ) X HIREDAUTOS X ON -0WNED AUTOS PROPERTY DAMAGE Per accident $ $ X o Owned Auto UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE kOVEDASTOFORM EACH OCCURRENCE $ HO E y Attorn AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION ANDEMPLOYERS'UABILITY YIN ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? NIA x UB5276Y706 1/09/2014 011/09)'20115 X WCSTATU- OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000 000 (Mandator, in NH) DE SCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liab AEE7242904 12/11/2013 12/11/2014 $1,000,000 per claim Claims Made Form $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, AddItIonal Remarks Schedule, If more space is required) Cancellation Notice: 30 Day /10 Day for non -pay of premium will be mailed to the certificate holder. General Liability policy excludes claims arising out of the performance of professional services. Insured owns no company vehicles; therefore hired /non -owned auto is the maximum coverage that applies. Re: On -call services for Urban Design & Architectural Consulting -- The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insureds as respects general & (See Attached Descriptions) City of Santa Ana* Attn: Exec. Dir of PBA 20 Civic Center Plaza PO BOX 1988 Santa Ana, CA 92702 ACORD 25 (2010105) 1 of 2 #S911178/M840751 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 (0 19BB -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MGS SAGITTA 25.3 (2010/05) 2 Of 2 #S911178/M840751 POLICY NUMBER: 680670BL374 COMMERICAL GENERAL LIABILITY ISSUE DATE: 12/13/2013 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 PART :3�1R #111 NAME OF PERSON(S) OR ORGANIZATION(S): City of Santa Ana* Attn: Exec. Dir of PBA 20 Civic Center Plaza PO BOX 1988 PROJECT/LOCATION OF COVERED OPERATIONS: *Completed to read: The City of Santa Ana, its officers, employees, agents, volunteers and representatives -- Re: On -call services for Urban Design & Architectural Consulting PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for 'bodily injury ", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services ". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Pa rt. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non - contributory basis, this insur- ance is primary to other insurance that is avail- able 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 addi- tional 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 in- sured when the additional insured Is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (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 pro- ject, or at the location, shown In the Schedule above, performed by you, or on your behalf, un- der 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 insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily Injury" or 'property damage" occurs, or the 'personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and 'property damage" oc- curs, and the "personal injury" is caused by an of- fense 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. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc„ with its permission POLICY NUMBER: eA67081755 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS 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" 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. Endorsement effective 12/13/2013 Named Insured Countersigned by John E Kaliskl dba Jahn Kaliskl Arch... �'t^ SCHEDULE Name of Person(s) or Organization (s): (Authorized Representative) "Completed to read: The City of Santa Ana, its officers, employees, agents, volunteers and representatives -- Re: On -call services for Urban Design & Architectural Consulting (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 John E Kaliski dba John Kaliski Arch... WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: U135276Y70e WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization: City of Santa Ana - Attm Exec. fir of PBA 20 Civic Center Plaza PO BOX 1988 DATE OF ISSUE: 01109/2014 Job Description: