Loading...
HomeMy WebLinkAboutNICHOLS CONSULTING ENGINEERS (NCE) - 2017N-2097-942 CONSULTANT AGREEMENT CITY OF SANTA ANA This AGREEMENT is made and entered into this 151' day of June, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (hereinafter "CITY") and NCE (Nichols Consulting Engineers) (hereinafter "CONSULTANT"). RECITALS A. The CITY desires to retain a consultant having special skill and knowledge in the field of pavement management practices. The Consultant shall perform pavement condition surveys and budgetary analysis as part of the update to the City's Pavement Management Program (PMP). The PMP surveys and analysis shall comply with Orange County Transportation Authority (OCTA) guidelines. 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 perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to Proceed. 2. COMPENSATION CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for CITY, the rates and charges identified in Compensation - Exhibit Ii, attached hereto and incorporated by reference. A contingency of $3,900 shall be available, at the discretion of the Executive director, for services that are currently not anticipated but may be required to complete the project. The total sum to be expended under this agreement shall not exceed Sixteen Thousand Dollars and No Cents ($16,000.00) for the term of the agreement. Compensation shall be processed in accordance with Section 18. BInnny�I3 ON This Agreement shall continence on the date first written above and terminate on June 30, 2018, the term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. INSURANCE NOT ON FILE WORK MAV NOT PROCEED IWorrzrMP CLERK OF COUNCIL Page i of 8 DATE: 7/1,T/ / 2017 4. 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for CITY to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CONSULTANT under this Agreement ("Documents & Data'). CONSULTANT shall require all subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, CONSULTANT represents and warrants that CONSULTANT has the legal right to license any and all Documents & Data. CONSULTANT makes no such representation and warranty in regard to Documents & Data which were provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at CITY's sole risk. 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 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, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insured's provisions. Page 2 of 8 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 3700 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. 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 firmished to the CITY upon execution of this Agreement and shall be approved by the CITY. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the CITY. iv. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. £ 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 To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold hannless CITY, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and, court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), related to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they maybe liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the indemnified parties from any claim Page 3 of 8 arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT. 8. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 4. 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, 10. 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 hrformation" 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. 11. 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. Page 4 of 8 12. DISCRIMINATION CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the event of 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such 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. 15. 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 perfonned 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(s) 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. Page 5 of 8 16. 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. 17. 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 CI'T'Y 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. 18. PAYMENTS & INVOICES a. Payment by CITY shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: i. CONSULTANT's invoice munber and CITY's agreement number ii. Beginning and ending dates for services iii. CITY Project and/or Task Order number and/or name (if applicable) iv. Work site address/location (if applicable) V. Tasks or deliverables completed and percentage (%) of total services completed. vi. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and 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. Page 6 of 8 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702 Fax: (714) 647-6956 With courtesy copies to: Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, CA 92702 Santa Ana, CA 92702 Fax; (714) 647-5635 Fax: (714) 647-6515 To CONSULTANT: Lisa K. Semi Senior Project Manager NCE (Nichols Consulting Engineers) 9550 Warner Ave., Suite 370 Fountain Valley, CA 92708 Fax: (714) 848-8897 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or CITY holidays shall be excluded. Page 7 of 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney IQ By: m JON FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONSULTANT: NCE (Nichols Consulting Engineers) � K -)-t� LISA K. SENN Senior Project Manager Tax ID# 88-0254126 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOIN FUNK Assistant City Attorney APPROVAL: Mo FRED MOUSAVIPOI Executive Director Public Works Agency CITY OF SANTA ANA 0 THIA J. RTZ Interim City Manager CONSULTANT: NCE (Nichols Consulting Engineers) ��/Y' 6 CHA ENE R. PALMER Principal Tax ID# 88-0254126 Page 8 of 8 Collaboration. Cofntnitrnent. Confidence," Design Engineering Section February 10, 2017 Public Works Agency File No. 213.04.30 City of Santa Ana 20 Civic Center Plaza, M-36 Santa Ana, California 92701 Attention: Mr. Kenny T. Nguyen, P.E. Subject: PAVER to StreetSaver Conversion Dear Mr. Nguyen: Thank you for meeting with NCE on February 811, 2017. Based on our discussions, NCE understands that the City wishes to convert Its PAVER database to the StreetSaver" pavement management program. In order to facilitate this process, there are various processes that need to be performed, including parameters that need to be set up. These are described in the following paragraphs. SCOPE OF WORK Based on the above understanding of the City's needs and objectives, the following tasks describe our Scope of Work. TASK 1— CONVERT PAVER DATABASE TO STREETSAVER` NCE has. worked with almost 20 similar conversions in Southern California within the past three years, and of those, I have personally been involved with at least 15. These include the Cities of Anaheim, Mission Viejo, Buena Park, Dana Point, Lake Forest, EI Centro, EI Cajon and the Counties of Orange and San Diego, to name a few. For any conversion, cities and counties will have unique questions on their database. Typical questions that will need to be addressed are shown below. 1. .1 What functional classifications should be used? FHWA definitions? How much of historical inspection records history should/needs to be converted? '. Are there maintenance treatments that should be added? ®° Should street management sections be redefined to better reflect current policies or practices? U Are the surface types correct? Lengths? Widths? Q What happens if PAVER does not have all the data needed for conversion such as construction dates? Are there alternatives? Therefore, NCE will first meet with the City to define areas of concern and identify solutions as needed. Note that It may not always be necessary to convert all the historical records, particularly if there are questions as to Its validity. As a minimum, however, NCE recommends the inventory be converted to StreetSaver*"'. Fountain valley, CA 9550 Warner Ave., Suite 370 Fountain Valley, CA 92708 (714) 848-8897 Mr. Kenny T. Nguyen Senior Civil Engineer City of Santa Ana File 213.04.30 215. .i, As part of this task, NCE will summarize a list of all items that need to be addressed and target dates for completion. After review by the City, NCE will upload the PAVER data to StreetSaver for conversion. NCE will work with StreetSaver'" staff to answer any questions that may arise during this process. Deliverables for this task: G% Completed task list TASK 2 — PERFORM QC CHECKS ON CONVERTED DATA Once the database has been converted, NCE will perform a QC check and alert StreetSaver to any errors found. Typically, approximately 20% of the data will be checked. Data elements to be checked in include lengths and widths, functional classifications, user defined fields, surface types and branch IDs, When completed, NCE will submit to a summary of the records that were QC'ed to the City for approval. Deliverable for this task: V List of sections QC'd TASK 3 — IMPORT HISTORICAL DATA NCE will StreetSaver's inspection Import utility to import all historical distress inspections completed in the last 10 years. Inspections must have the Branch ID, Section ID, date inspected, length of inspection, area of inspection, distress description, quantity, severity level and if no distresses present (yes or no). The historical maintenance and rehabilitation (M&R) treatments will have a similar process to the distress inspections. Branch IDS and Section IN are required, together with the appropriately defined treatments and maintenance dates. NCE's preliminary review of the Citys PAVER database indicates that all historical treatments currently in database can be Imported. However, there appears to be a large number of treatments that may be missing. This will be discussed with the City once the database has been reviewed. Deliverables for this task: il Updated StreetSaver database with o Historical distress Inspections o Historical M&R treatments W Current PCI listing of street sections TASK 4 — Set Up M&R Decision Tree NCE will review maintenance and rehabilitation strategies with City staff. This will include the recommendation and selection of appropriate treatments such as slurry seals or overlays and the determination of unit costs. We will also review the use of new treatments or materials, such as microsurfacing, rejuvenators, cold in place recycling (CIR), full depth reclamation (FDR), warm mix asphalt etc. www,ncenet.com `.1 Mr. Kenny T. Nguyen Senior Civil Engineer City of Santa Ana File 213.04.30 31Page The unit costs will have a huge impact on the City s projections or funding needs assessments. Therefore, a review of recent bid tabulations, together with those from neighboring cities will assist in the unit cost determinations. Also, unit prices will be fully -loaded rates, and will include not just contractor's prices, but also design, Inspection and test costs. One on-site meeting will be part of this task. Deliverable for this task: 0 Updated M&R decision tree TASK S — STAFF TRAINING In this task, NCE will conduct one four hour training workshop at the City's offices. This will cover the basics of StreetSaver operations, including how to access the program and setup various user accounts, and an overview of the features available. Areas to be covered will include: 1. Creating or editing street sections 2. Entering maintenance and rehabilitation treatments 3. Revising the decision tree a. Unit cost b. Treatments c. Time intervals 4. Creating budget scenarios a. Project selection tools b. Target -driven analysis c, Needs analysis d.; Generating reports e. Pre -defined reports f. Budgetary reports g. Custom reporting tool 5. GIS toolbox a. Map budget scenarios b. Select and create projects All materials for the class will be provided by NCE. It is assumed this class will be conducted on site and will include no more than 6 staff members. It is assumed that training room, computers, and Internet access will be provided by the City. Deliverable for this task: r:° Training manuals t4 One 4 hour training class, www.nconet.com Mr. Kenny T. Nguyen EXHIBIT B - Proposal Fee Senior Civil Engineer City of Santa Ana File 213.04.30 4i r-..;, Thank you for the opportunity to meet with you and to submit this scope and cost. We are excited about assisting the City with this conversion to StreetSaver and look forward to hearing from you soon. Should you have any questions please do not hesitate to contact me at 714.848.8897 or at LSenn@ncenet.com. Sincerely NCE Lisa K. Senn Senior Project Manager www.ncenet.com NICHCON-02 MCGRAWM CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 9//28/228/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 CONTACT Erica Wilson NAME: IDA Insurance Services PHONE 4370 La Jolla Village Drive (A/C, No, Ext): (858) 754-0063 50233 FAX No):(619) 574-6288 Suite 600 AD RIESS: Er ica.Wilson@ioausa.com San Diego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Company 13056 INSURED INSURER B: Crum & Forster Specialty Insurance Company 44520 Nichols Consulting Engineers, CHTD INSURER C:- 1885 S. Arlington Ave., #111 INSURER D: Reno, NV 89509 INSURER E: INSURER F; CnVFRAr,FR CFRTIFICATF NIIMRFR- RFVIRIr1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE ADDL SUBR. POLICY NUMBER LTR SD POLICY EFF POLICY EXP LIMITS MMIDD YY IDD Y A XI, COMMERCIAL GENERAL LIABILITY ''. : EACH OCCURRENCE '', $ 1,000,000 CLAIMS MADE X OCCUR PPSB0003222 X 05/17/2017 05/17/2018 DAMAGE TO RENTED 1,000,000 PREMISES (Ea occurrence) $ X Cont LiablSev of IntMED 10,000 EXP (Any one person) $ 1,000,000 PERSONAL & ADV INJURY $ _ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY ( XPE o LOC ;PRODUCTS -COMP/OP AGG $ 2,000,000 --_ 0 ':Deductible OTHER: $ A AUTOMOBILE LIABILITY- __-_ COMBINED SINGLE LIMIT 1,000,000 _.(Eaaccident)-. ' $ 1, _. X II ANY AUTO X PSA0001184 05/17/2017 05/17/2018 BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY ALTOSS ONLY PROPERTY DAMAGE (Per accident) X I Comp.: $ 500 X Coll.: $ 500 $ A UMBRELLA LIAB X OCCUR ! EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 05/17/2017 05/17/2018AGGREGATE $ 5,000,000 _-.. DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X PER 1 OTH- .-STATUTE.,.-: 1 ER,,,_ ---- YIN X ',PSW0001955 05/17/2017 05117/2018 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N I A E.L.EACH ACCIDENT $ (Mandatory in NH) : E.L. DISEASE - EA EMPLOYEE'. $ 1,000,000 yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below D E.L. DISEASE- POLICY LIMIT $ B 'Prof Liab/Clms Made PKC105019 05/17/2017 05/17/2018 :Per Claim 2,000,000 B 'IDed.: $1Ok Per Claim PKC105019 05/17/2017 05/17/2018 '',Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: PAVER to StreetSaver Conversion City of Santa Ana, its officers, employees, agents and representatives are Additional Insured with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisio s. �REVIEWED EIJN)CE FdERFDIA (PG ( OF !` ) City of Santa Ana 20 Civic Center Plaza, M-36 M-36 PO Box 1988 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 ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSB0003222 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION 11— LIABILITY 9. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional Insured on this policy, but only with respeot to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard 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 coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H,2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II W.. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 06 10 additional insured under this policy 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 that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising Injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LiABILiTY) 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 and advertising injury" arising out of 'your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page 1 of 1 Nained Insured: Nichols Consulting Engineers, Clffl) ells enciarserrient-modifies insurance provided Urider'the BUSINESS AUTO"I""OVERAG3E. FORM :A. Broad Fdrm Mimed Intuted The, following is added to.. the SECTION* 11 - LIABILITY Goveraqp, Paragraph A.1. Who Is An Insured Provision:. Any. business -entity newly, acquired or formed by you -during the policy period, provided you. own fifty percer+(';004 ' ) ormore of the-husjnes,s entity and the business entity is not -se.paratel,y insured: for Du*ineas, Air O Coverage: Coverage is extended up to a? maximum :of one hundred, elghty.(18Q), days -following, the acquisition -or formation of:th . e business entity. Thi:s: provision, doesnot apply to any personor orqani�ation for -which coverage isexcluded by .endorsement, R. Errioloyees As Insureds The following is: added to thp SSCTION it - LIA411,11TV (;01 r=KA.QK, -Pbra.,gropfj M.WI1104S -All Insured Provision: .Any %Tpj . oye,." . of yours i . s an "Insurq& while using -q- covered- '!auto" you don't own; hire :or borrow. in :e.).T your porsonal affair.o.: C.. M?,nk*6tAddftIonW lt)ptivoO "The: followirig is. added to tho. SECTION. 11 - LiA`91LITOY COVERAGE- P . ra'gr0p'h,-A.1.' Who; isk: An I " 's re U .4 P-rovision, ,Any.- pers.on or orgarl . lzatlon.fhat you are required to ihplude: as. i§n additional :insured* you are dove'rage form in a oo,nt'raot Or aOrOeMenit. that is execut'e'd by yQq before, the "bodily jnj.Ljry.` qr `prope,rlly damage" ocaifs 'is, can lih$ured" fdr liability' ooveral.gO,'.Out only for --damag08 to which thi-s, ir isurahoe opplips. ani 01 Ily to kho'. exj,�lll' Nut pl4lhorj ()I U1.q.qr1f4aLiUf1 quqlifi(w os an 1(*Ured" under the Wh'o 19 An Insured. provision' I con , tained- in SE6110IN 11 LlA.10,11LITV COV91RIAGE, ii -e, insoranoe provided th!�.'<�dir�ltlonai.jn'sur�� Will be, o.n:.;A primary',and, npnhoontrlbutory iasis to the irjSLJMCl's owh business out: covemqe. if you are. required to, d� s0 in a o-oj)traqt -or :aqreo.rnerlt "that is eXebut6d b.?Ydu before the "Opdily injury" Or "property damage," 0oc.tirs. JJ. sizink6tWelYgr-0 . f.S,u.br.6gatiqn The following is added to tha. SECTION IV - 11308INES0 'AUTO OONDITIONS, A. Lbsi;. 0-ondifidms', 56 Traftf& Of Rights::Qf Recd fury Policy Number: PSA0001 184 'M Waive anY right:of feodverV ti#e tay`have against any s on - di-ganization to the extent required of 'you by -aodotraet bxeoutad laei.or t.6 any "aboldent"or provided 'that the "'accident" 0.. "loss":arises .but. ofthe operations contemplated l0y.s'uch contik.f. The •waiver applies- only :to ffie person or 'M Erriployee. Hired Autos I.- The follomvin g is. 0&116d .to the OVOTI-ON 11 4_ LIABILITY ItOVEMG15, Pwa.gralih-A.11. Who Is An Insured Rovi'sion: An "ernpluyee�' cj,r ymw6. ,,.ari operating an, "auto'! hired or rented under a contract or agreement in that "employee's" name, with Your permission; , ;while, peffoxinipg duties related to -the' of your, business. Change's (In'General Conditions: 6.15, of 'fho: 9t11er lrisoranoe Condition In the " 1#USINEM AUTO CONDITIONS' is deleted. and replaced oelth the following:; b, nor Hired ALito. Physical Drnpge. C.ove-raq%-,, the followng art' -deemed tq be: covered ,!autoe, yqvown: (11) :Any qeve . rQd '!auto!' you'lease, hire.,: reti - or .'b orr.ow; arrd (2)%,Any �ovqted "mato" aired or rented, by .your "0rnpI0.y(--0'un0er a contre-ot'In.t,hat individual '!e.mpIoye.e,!s"..narne, -with,.you,r conduct of,your businegs, pwewer, any, "quto" 'that :is. I*qgfsed, hired, rented Or b.orro�qod- with driver riM is nota cove're d,; "a ufb)'. t*,. Fo.jIlovy, 4eripllqpf� Cover,19g -$PCp . TION 11 - . LIASILli7Y 00 VERA'A OE, ExcluslAn .00 if you tvwi�qoeker.$ compensation insqrajjcq-jnjorce coyerfri , 8 g all of. -your ..G. -Auto,, Loan Leaso:Gap:.Po.vorqge SECTION III -PHY01.0-AL DAMAGM tQOVERA GE, :P. LiMit Of Insurvihe'61. is amended by thd addibi Qn dFthe f6ll6wi'ng, In the: event of .6. total "Io0s"` 1:0. 4­biovOr d '"60tdl ishbwh'intoe pdulb of QetMrations, w will pcq:V ,I:ny; unpaid aftiount due *on the: lease or Logi) fpr a .;&et6d "auto" , less: -- 11 REVIEWED BY: VA EUNICE HEREDIA(PG50F#) I Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSW0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA 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. ("Phis agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 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. Person or Organization All persons or organizations that are party to a contract that requires you to obtain this agreement, provided you executed the contract before the loss Schedule Job Description Jobs performed for an person or organization that you have agreed with in a written contract to provide this agreement REVIEWED BY- EUNICE HEREDIA (PG 4[qF q ) IkiIus] 1097e7.Q1y7 ALISTINA . 1`%� R CERTIFICATE OF LIABILITY INSURANCE ` DAT D/YYYY) 5//10/210/2 018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OE67768 IOA Insurance Services 4370 La Jolla Village Drive Suite 600 CONTA NAME:CT Erica Wilson PHONE (A/C, No, Ext): (858) 754-0063 50233 jac, No):(619) 574-6288 EMAIL rca.son loausa.com ADDRESS: Erica.Wilson@ioausa.com San Diego, CA 92122 AFFORDING COVERAGE NAIC # INSURER A: RLI Insurance Company 13056 _ AMAGE TO RENTED 1,000,000 05/17/2019 �EIES--IEa_aecuaa INSURED INSURER B: Crum 8r Forster Specialty Insurance Company 44520 Nichols Consulting Engineers, CHTD INSURER C: 1885 S. Arlington Ave., #111 INSURER D: Reno, NV 89509 INSURER E: INSURER F: COVFRAGFS CFRTIFICATF NLIMRFR- RFVIRIAN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ^POLICY EFF POLICY EXP LIMITS LTIR TYPE OF INSURANCE POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY ,EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE [j OCCUR pS60003222 05/17/2018 _ AMAGE TO RENTED 1,000,000 05/17/2019 �EIES--IEa_aecuaa u X $ --------- X Cont Liab/Sev of Int I 10,000 MED EXP (Any one rson) $ LPERSONAL 8 ADV INJURY _ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: !GENERAL AGGREGATE $ 2,000,000 ❑X JECT -_ 2 000,000 POLICY _ LOC PRODUCTS-COMP/OPAGG $ OTHER: ,Deductible 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 1Ea_accident) I $ X ANY AUTO_ X PSA0001184 05/17/2018 05/17/2019 j BODILY INJURY Per person i $ SCHEDULED AUTOS ONLY AUTOS BRORDILY INJUppRY (Per acc(dent $__-_- Ep AUTOS ONLY AUTOS ONNLY - (PeOacEclRden rMAGE - -- - -- - __-- X Comp.: $500 X 'Coll.: $500$--_- , A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0003030 ',! 05/17/2018 05/17/2019 AGGREGATE 5,000,000 DED RETENTION $ j A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ! X PER PTtTI,IT�-_- _ERH -, _ - ANYPROPRIETOR/PARTNER/EXECUTIVE Y/ -N X PSWOOO1955 05117/2018 05/17/2019 1,000,000 E.L..EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) - N / A _ _- _ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below - _- - E.L. DISEASE - POLICY LIMIT 1,000,000 B Prof Liab/Clms Made PKC107494 05/17/2018 05/17/2019 Per Claim 2,000,000 B Ded.: $10k Per Claim I PKC107494 05/17/2018 05/17/2019 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement Nos. N-2017-142 and A-2017-290 City of Santa Ana, its officers, employees, agents and representatives are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy r isions. REVIEWED BY: EUNICE HEREDIA (PG OF L ) City of Santa Ana 20 Civic Center Plaza, M-36 M-36 PO Box 1988 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Narned Insured: Nichols Consulting Engineers, CHTD RLI Insurance Company Policy Number: PSB0003222 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPacko FOR DESIGN PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINE SSOWNERS COVERAGE FORM - SECTION II — LIABILITY C. WHO IS AN INSURED is amended to include as an additional inured any person or organization that you agree in a contract or agreement requiring Insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. in the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and Included within the "product -completed operations hazard", 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 coverage as an additional insured specifically Is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of Insurance stated In D. Liability And Medical Expenses Limits of Insurance. 3. The following Is added to SECTION III H.2, Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy 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 that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered Into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us •- COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 w LIABILITY) 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 and advertising injury" arising out of 'your work" performed by you, or on your behalf, tinder a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered Into by you before the "bodily Injury" or "property damage" occurs, or the "personal and advertising Injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 06 10 Page 1 of 1 REVIEWED f; ! EUNICE HEREDlA Named 1111SLired: Nichols Consulting Engineers, C1111D '111-ls e'naor$ement modMos Insurance provided Urlder' the BUS1NES,S AUTO *MVERM33E. FORM A. 100ad Fd'rm N;kmdd Iftuted 'The 'following is added to.. the SISCTION.If — LIABILITY C"Overage,: Paragraph, A.I. Who Is An Insured Provision:. .Any, business- entity newly.acquired or formed by you during the policy period,. provided'VOLI. own fifty percerif f)0%.) or. more of the business entify, and the business entity, is not - separately insured: for Duslne5s, ALftO Coverage 0overage 1 15 extended up to a� maximum :of one hundred el.ghty (1.8Q). days following. the acquisition -or forimfibn ofthe business .entity. . Thi.s. provision, doesnot. apply- to any person. or. Oroani�;ation for -which coverage is. ekluded by., end'orsernent, 13. EMO.loyoes As Insureds The, following is: added to the SECTION III — LIA410TY H.a 00VERA.Pr - ' . ;, .MgrqprI A.A. Who -.ISM Insured Provision: ,Any "employee" oyee".0f-ymirs is an "insured"while -using 'P "!aLl1;o":you dpn't own. , covered hire- :or barrow. In you. r. bu.m M0,5s.'O.T your pofson d.. 9.!;ank0t-A4dftI0hW llrtparo.d 1he. folloWlrig is. added to the SEPT -ION. 11 LiA*IBILIT-Y—.C.OVER,A-'GE;,Fai'a rppO.- A.1. Who :.I s..:An Insured 'Prov . Isio . !1: .Any,, .person or organization .that you are reqqirot,1 to ih.ol . ude.,,a.,$. M additional "insured on .this -overage form in a oontraot. Or. aonJeMenit that is Ox=uted by ypq: before; the "i od ily injury' or "propertyy damagd" ow,Q*r8 Is: on 'lihoured.""f6'r ii4tbit$y 0verAi "but - only for :damages to whloh this. Insurarioe, opplips, ond' q0P(IM01.8. 4s 0*1)� "IrMU'red" under the 'Who 19 M Insured.provision- -r.ontained: in Sed'TION is LIA,au,iTY• covaKAGrm: tie. insurance provided to, the, add.ltional.Invi ured will beon:,a primary and non: -contributory 4 asfs.ta the .apldlitidn;l'j in'SLII*9d!S .0wh buslriq%s auto ;Coverage, if "that is eXebut6d bV.Ydu before the "bed ly injury" at "property damage" ooqurs. 1. EiankiVlta'Ive'r' . t-$qbr,b9atiqq The follo%A!ing Is added to the SECTION IV — OWSIN1580 AUTO OONDITIONS, A. Lb'si; Conditi6nsi, 56 TraM;N't Of, Rilghts,,Of RocdVft Aggifist Others- TP, Us: P i P.A100 Policy Number: PSA0001 184 'M Waive, any r[ght.0 recdyerV �jve tay'have against :wy'person,or 6rqa nization to t . -he ekteht required -of YOU lb.y aodr*aat bxeQuted. ph.6r td &ny "aboldont"or :`toss", provided 'that the ''a-ccide.nt" 6� orlsoe 6utof'the-operaf,ions contemplated by.suoh contiki. Thb.waiver applies ohly. .,to the' pergon or drg,zinization:,.de,signat6d'ir.'sLich. contract. 'E. EmPlloyee-Hired,Autos: I.- The fallowing is. addd to the.000TION If LIABILITY: COVERAGE, Pora.g.ta,lih. AA. Who Is An Inauxed provision: An "umpluyyours. 1, a& ar ins .an "illsullud" W1111u. operating an, "auto" -hired or rented under a contractor agreement in. that. "empl , oyee',S)l name, with YOLIF perm.isstoii; while, pefforming duties related to -the' conduct of your business. 2 - , Change's in, n, General Conditions; 1aragrapn $.b, of'the: 'lunar 1"uranc.'o Condition in the WSINM AUTO 'CONDITIONS is deleted and replaced with the following:, b. For 141red Auto Phyoloal Damage, Covo"r g the following are -deerned :to be: covered ,!autoe" YQU:Own: -(4 Any covered "auto 'y0.uJease hire,: rent orborrow; ar(d Any, covered Or rerited., by your "emplope" under a namecontrwA10that 'individual .With. r '!e - mploye#$" '', yoq !t1b.rI1t!ei'd,tq the corlduct of your business, 'HQwever, any,, "auto" 'that J , qc), hired, ranted or borroWodWith 0 driver Is -not. 8.QoVorv6:"au.f0.P 011 SkIlow omploypo cover4gg 4EG-TION 11. — . LIASIL14Y COVEMA'P'E, Excluslop doos, pCit opply..", If youave wo e N kers compensation lheurance.1n4orce covering all of -your 0, -Auto. Loan Lenso7 Gap -0,oyo SECTION Ill.. — PHY,51-C-All. DAMAGE 00VERAGE, :1P. Lfrr*.Qf'InsdMhq6, Is amended by. thd addltion .6f'the f6ll6W[ng: In the: went 'of a. tofal '"loos"' t,6. 4*60vOtOd :showh'ih of Qo.'00'ratlons, %1~i will 'pay ranyunpaid arnount due 'on the; lease or loan f.pr a -045vet6d "auto", lesis: EUNICE HERE 21A(PQ QFq) Named Insured: Nichols Consulting Engineers, CHTD Policy Number: PSW0001955 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT ••CALIFORNIA 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. ( 'his agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 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 Callfornia workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for an person or organization requires you to obtain this agreement, provided you that you have agreed with in a written contract executed the contract before the loss to provide this agreement REVIEWED BY: EUNICE HEREDIA (Pc of