HomeMy WebLinkAboutSAGECREST PLANNING AND ENVIRONMENTAL, LLC - 2017INSURANCE NOT ON FILE
WORK MAY([� E PROCEED N-2017.272
CLERK OF COUNCIL
D TE.NOY 0 9 2017
p ~ ? Q A La CONSULTANT AGREEMENT WITH
ViuLL Pty $s SAGECREST PLANNING AND ENVIRONMENTAL
THIS AGREEMENT made and entered into this 24th day of October 2017, by and between
SAGECREST PLANNING AND ENVIRONMENTAL, LLC, a California limited liability
company (hereinafter "Consultant"), and the CITY OF SANTA ANA, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
A. The City desires to retain a consultant having special skill and knowledge in assisting
the City with updates and revisions to its billboard ordinance and additional services
including commtmity outreach, revenue sharing provisions and assistance with public
hearings.
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:
SCOPE OF SERVICES
Consultant shall provide assistance for the City to draft and finalize updates and revisions
to its Billboard Ordinance and provide additional services including community outreach,
revenue sharing provisions and assistance with public hearings on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference. Consultant's proposal is incorporated by reference as
though fully set forth herein.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in an electronic form compatible with
the City's computer system, as agreed upon between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable Linder this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree 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.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as payment for its services, the
hourly rates and charges identified in Exhibit B. The total sum to be expended for services
provided by Consultant shall not exceed Twenty -Five Thousand Dollars ($25,000) during the
term of this Agreement, including any extension period.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate six (6)
months from said commencement date on April 24, 2018, unless terminated earlier in
accordance with Section 13, below. The tenn of this Agreement may be extended for one
additional six (6) month period upon a writing executed by the City Manager and the City
Attorney.
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.
: 19(.`111.7_\ [�
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 insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the 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:
1. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
2. Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
3. 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.
4. 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 refiises 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.
6. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of
claims for personal injury, including death, and claims for property damage, which may arise
from the negligent operations of the Consultant, its subcontractors, agents, employees, or other
persons acting on its behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered,
by reason of the events referred to in this Section or by reason of the terms of, or effects, arising
from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all
costs for the defense of the City, including fees and costs for special counsel to be selected by the
City, regarding any action by a third party challenging the validity of this Agreement, or
asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
due to personal or property rights arises by reason of the terms of, or effects arising from this
Agreement. City may make all reasonable decisions with respect to its representation in any
legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject
to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of the Consultant.
INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, hlcluding 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.
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 publioly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (e) 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 facsimile or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Facsimile (714) 647-6956
Copies to: Executive Director of Planning and Building Agency
Planning Division
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Consultant: Sagecrest Planning and Environmental
2400 E. Katella Ave., Suite 800
Anaheim, CA 92806
Attn: Amy Vazquez, Principal
Office: (714) 914-5605
Email:avazquez@sagccrest.us
Facsimile (562) 697-4009
A party may change its address by giving notice in writing to the other party. 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 facsimile, 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 purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate either
Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein.
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
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 perfornled 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 falls to meet the standard of perfornlance
specified in the Recitals of this Agreement.
14. 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.
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.
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.
[signature page to follow]
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
Lisa Storck
Assistant. City Attorney
RECOMMEND APPROVAL:
AL
Candida Neal, Acting Executive Director
Planning & Building Agency
CITY OF SANTA ANA
Raul Godine II
City Manager
SAGECREST PLANNING AND
ENVIRONMENTAL, LLC
Amy V z uez, b � ipal
Tax I_D1815473738
u s
SAGECREST
planning+environmental
Exhibit A - Scope of Work
The Planning Department for the City of Santa Ana has requested assistance to prepare a draft
and final Billboard Ordinance including community outreach, revenue sharing provisions and
assistance with public hearings. In order to fulfill this request, Sagecrest will provide the
following services:
1. Project Initiation/Meetings:
o After receiving the notice to proceed (NTP), the project manager will meet with
City staff to discuss the special project, including the City's objectives, project
schedule, and communication protocol.
o Meet with City staff to review objectives for Billboards Ordinance.
2. Research:
o Review the City's existing Municipal Code and other planning documents to
identify existing policies, procedures and ordinances related to billboards.
o Review State law pertaining to billboards and ordinances in other jurisdictions
for comparison with the objective of crafting a model ordinance that reflects
local conditions while incorporating the best practices of other jurisdictions. _
o Ascertain which existing planning documents need to be amended in order to be
consistent with the new ordinance and make recommendations for revisions to
existing planning documents.
3. Public Outreach:
o Gathering input from public stakeholders will be important to the process of
drafting the billboard ordinance.
o Stakeholders include, but are not limited to, the general public,
community/neighborhood groups, billboard companies, and local business, and
any public officials as specifically directed by and coordinated with City staff.
o Public Outreach will include community meetings, individual outreach to key
stakeholders, coordination with billboard companies and other local businesses.
o In addition, our planners are able to respond to any questions or comments
received from the public regarding the proposed ordinance.
o Distill the information gained by this outreach and provide the City with
recommendations on how these consultations could influence the content of the
proposed ordinance.
4. Ordinance:
o Based on information gathered in Tasks 1 through 3 above, draft the Billboard
ordinance and provide to the City with a screencheck draft for Review,
o Upon receipt of comments on the draft ordinance from the City, revise the
ordinance accordingly.
2400 E. Katella Ave. • Suite 800 • Anaheim, CA 92806
o A Second Draft of the Ordinance will be provided to the City for review,
o Upon completion of City review and our revisions to the document, a final
Billboard Ordinance will be drafted.
5. Revenue Sharing Agreement
o We will also prepare a draft revenue sharing agreement. The Billboard Ordinance
will contain implementing procedures that will inform applicants and the general
public of the revenue sharing process and application requirements.
o The recommended terms in the revenue sharing agreement will be based on
close coordination with City staff and case studies from other jurisdictions.
6. Public Hearings:
o The project manager will attend all necessary Planning Commission and City
Council Hearings.
o In addition, the project manager will prepare a formal presentation (if
requested) and respond to any questions during the public hearings.
7. Schedule:
o It is anticipated that Tasks 1 through 6 above will be complete in approximately 4
to 6 months.
SAGECREST
plan n i ng+environ me nia I
Exhibit B - Fee Schedule
Sagecrest will perform consulting services based on the following breakdown of
classification of hourly rates for key personnel:
Planning Services
1. Planning Manager
$140.00
2. Principal Planner/Project Manager
$120.00
3. Senior Planner
$105.00
4. Associate Planner
$90.00
5. Assistant Planner
$70.00
6. Planning Technician
$55.00
7. Minutes Clerk/Planning Administration
$45.00
The key team members working on this project will be Ray Pascua (Project Manager) and
Saul Bolivar (Senior Planner). Sagecrest team members are available to work onsite at City
Hall or remotely (based on City preference). The Scope of Work described in Exhibit A will
be billed at our standard hourly rate with a not -to -exceed amount of $25,000 without prior
approval.
2400 E. Katella Ave. • Suite 800 • Anaheim, CA 92806
A ®® CERTIFICATE OF LIABILITY INSURANCE
8/DATE(M 7D�)
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
Hall &Company
19660 10th Ave NE
Poulsbo WA 98370
NAMCO T EACT John Dewing
PHONE EaD. FAX .360-598-3703
E'MA'L .jdewing@hallandcompany.com
INSURERS AFFORDING COVERAGE NAIC#
INSURER A: Beazley Insurance Company Inc 37540
680005,742889
INSURED SAGEPLA-01
INSURERB:Travelers Casualty and Surety Co of 31194
Sagecrest Planning+Environmental LLC
2400 E Katella Ave Suite 800
INSURER C:
CLAIMS -MADE I X I OCCUR
Anaheim CA 92806
INSURER D:
INSURER E:
INSURER F :
DAMAGE TO RENTED
PREMISES Ea ccu ... rorb $1,000,000
COVERAGES CERTIFICATE NUMBER: 885707008 REVISION 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.
ILTR
TYPE OF INSURANCE
INED
MD
POLICYNUMBER
POLICY EFF
POLICY EXP
LIMITS
B
X COMMERCIAL GENERAL LI ABILITY
680005,742889
6/1/2017
6/1/2018
EACH OCCURRENCE $1,000,000
CLAIMS -MADE I X I OCCUR
DAMAGE TO RENTED
PREMISES Ea ccu ... rorb $1,000,000
MED EXP (Any one person) $5,000
PERSONAL &ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ,ECT F7 LOC
GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OPAGG $2,000,000
$
OTHER:
B
AUTOMOBILE
LIABILITY
680005,1742889
6/1/2017
6/1/2018
M8NE0 NNULE LIM11$
Ea accident 1,000,000
BODILY INJURY (Per person) $
ANY AUTO
ALL AUTOS NED AUTOSULED
BODILY INJURY (Per accident) $
X
HIRED AUTOS X NON -OWNED
AUTOS
PROPERTY DAMAGE
Per accident $
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DED RETENTION
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
U8005J743745
6/1/2017
6/1/2018PER
OTH-
X STATUTE ER
EL. EACH ACCIDENT $1,000,000
ANY PROPRIETOWPARTNEWEXECUTIVEElNIA
OFFICER/MEMBER EXCLUDED?
E. L. DISEASE - EA EMPLOYEE $1,000,000
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
El. DISEASE -POLICY LIMIT $1,000,000
A
Professional Liab;Claims Made
V1 EEB6170101
6/1/2017
6/1/2019
$1,000,000 Per Claim
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AC ORD 101, AddItionai Remarks Schedule, may be attached if more space Is req ulred)
The certificate holder is an additional insured per the attached.
The City of Santa Ana, It's Officers, Employees, Agents and Representatives are named as Additional Insured on the Commercial General
Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The
Commercial General Liability insurance is primary insurance and any other insurance maintainedhe ditional Insured shall be excess
only and non-contributing with this insurance. A waiver of subrogation ies to the Co mercial eneral Lability u Liability and Workers
Compensation / Employers Liability in favor of the Additional Insured.
CERTIFICATE HOLDER ANCELLATION
@ 1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Santa Ana
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 Civic Center Plaza
ACCORDANCE WITH THE POLICY PROVISIONS.
Santa Ana CA 92701
7:7 ENTATIVS
@ 1988.2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
A111111111111
"WORKERS COMPENSATION
AND
ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT WC 99 03 76 ( A)
POLICY NUMBER: UH-SC743745-17-47-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKETWAIVER)
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.
The additional premium for this endorsement shall be a.5o % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR ARCHITECTS
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
Rhe information below is required only when this endorsement is issued subsequent to preparation of
the policy.)
Endorsement Effective Policy No. Endorsement No.
Insured Premium
Insurance Company
Countersigned by
DATE OP ISSUE: 08-01-17 ST ASSIGN: Page i of 1
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II — WHO IS
AN INSURED:
Any person or organization that you agree in a
"written contract requiring insurance" to include as
an additional insured on this Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For "bodily injury", "property damage" or
"personal Injury" for which such person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional insured
is limited as follows:
e. 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
Coverage Part.
f. This insurance does not apply to the
rendering of or failure to render any
"professional services".
g. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
'Written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".
This endorsement does not increase the
limits of insurance described in Section III —
Limits Of Insurance.
h. This Insurance does not apply to "bodily
injury" or "property damage" caused by "your
work" and Included in the "products -
completed operations hazard" unless the
"written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to the additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.
2. The following is added to Paragraph 4.a. of
SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
The insurance provided to the additional insured
is excess over any valid and collectible other
Insurance, whether primary, excess, contingent or
on any other basis, that is available to the
additional insured for a loss we cover. However, if
you specifically agree in the "written contract
requiring insurance" that this insurance provided
to the additional insured under this Coverage Part
must apply on a primary basis or a primary and
non-contributory basis, this insurance is primary
to other insurance available to the additional
insured which covers that person or organizations
as a named insured for such loss, 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 signed that "written contract
requiring insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization is an additional insured
under any other insurance.
CG D3 $1 09 15 62015 Tha Travelers Indemnity Company. All rights reserved. Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
COMMERCIAL GENERAL LIABILITY
3. The following Is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
We waive any right of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal injury"
offense is committed.
4. The following definition Is added to the
DEFINITIONS Section:
"Written contract requiring insurance" means that
part of any written contract under which you are
required to include a person or organization as an
additional insured on this Coverage Part,
provided that the "bodily injury' and "property
damage" occurs and the "personal injury' is
caused by an offense committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period.
Page 2 of 2 02015 Tho Travelers Indemnity Company. All rights reserved. CG D3 81 09 15
Includes the copyrighted material of Insurance services Office, Inc., with its permission
POLICY NUMBER: 680-5a742889-17-47 ISSUE DATE: 08/11/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
R ` 1' • •°
'I'% $ 01 A . . S I N
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION: Number of Days Notice of Cancellation
NONRENEWAL: Number of Days Notice of Nonrenewal:
PERSON OR
ORGANIZATION: CITY OF SANTA ANA, ITS OFFICERS,
ADDRESS: EMPLOYEES, AGENTS, AND REPRESENTATIVES
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
A. If we cancel this policy for any statutorily permit-
ted reason other than nonpayment of premium,
and a number of days is shown for cancellation in
the schedule above, we will mail notice of cancel-
lation to the person or organization shown in the
schedule above. We will mail such notice to the
address shown in the schedule above at least the
number of days shown for cancellation in the
schedule above before the effective date of can-
cellation.
30
30
B. If we decide to not renew this policy for any statu-
torily permitted reason, and a number of days is
shown for nonrenewal in the schedule above, we
will mail notice of the nonrenewal to the person or
organization shown in the schedule above. We
will mail such notice to the address shown in the
schedule above at least the number of days
shown for nonrenewal in the schedule above be-
fore the expiration date.
IL T4 00 12 09 Q 2009 The Travelers Indemnity Company Page 1 Of 1
POLICY NUMBER: 680-5J742869-17-47
COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 08/11/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
I I M 1 • . 0.
Z.11:111111161104, I
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSONS OR ORGANIZATIONS:
CITY OF SANTA ANA, ITS OFFICERS,
EMPLOYEES, AGENTS, AND REPRESENTATIVES
20 CIVIC CENTER PLAZA
SANTA ANA CA 92701
PROJECTILOCATION OF COVERED OPERATIONS:
PROVISIONS
1. The following is added to SECTION II -- WHO IS
AN INSURED:
The person or organization shown in the
Schedule above is an additional insured on this
Coverage Part, but:
a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and
b. If, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work' to which the "written contract
requiring insurance" applies, or in connection
with premises owned by or rented to you.
The person or organization does not qualify as an
additional insured:
c. With respect to the independent acts or
omissions of such person or organization; or
d. For "bodily injury", "property damage" or
"personal injury" for which such person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional insured
is limited as follows:
e. This insurance does not apply to the
rendering of or failure to render any
"professional services".
f. In the event that the Limits of Insurance of the
Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the
insurance provided to the additional insured
shall be limited to the limits of liability required
by that "written contract requiring insurance".
This endorsement does not increase the
limits of insurance described in Section Ill —
Limits Of Insurance.
g. This insurance does not apply to "bodily
injury" or "property damage" caused by "your
work' and included in the "products -
completed operations hazard" unless the
"written contract requiring insurance"
specifically requires you to provide such
coverage for that additional insured, and then
the insurance provided to that additional
insured applies only to such "bodily injury" or
"property damage" that occurs before the end
of the period of time for which the "written
contract requiring insurance" requires you to
provide such coverage or the end of the
policy period, whichever is earlier.
CG D3 $2 09 15 0 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2
Includes the copyrighted material of Insurance services Office, Inc, with Its permission
COMMERCIAL GENERAL LIABILITY
2. The following Is added to Paragraph 4.a. of
SECTION IV -- COMMERCIAL GENERAL
LIABILITY CONDITIONS:
The insurance provided to the additional insured
shown in the Schedule above is excess over any
valid and collectible other insurance, whether
primary, excess, contingent or on any other basis,
that is available to the additional insured for a loss
we cover. However, if you specifically agree in the
"written contract requiring insurance" that this
insurance provided to the additional insured
under this Coverage Part must apply on a primary
basis or a primary and non-contributory basis, this
insurance is primary to other insurance available
to the additional insured which covers that person
or organization as a named insured for such loss,
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 signed that "written contract
requiring Insurance". But this insurance provided
to the additional insured still is excess over valid
and collectible other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured when that
person or organization Is an additional insured
under any other insurance.
3. The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
We waive any right of recovery we may have
against the additional insured shown in the
Schedule above because of payments we make
for "bodily injury", "property damage" or "personal
injury" arising out of "your work" on or for the
project, or at the location, shown in the Schedule
above, performed by you or on your behalf, done
under a "written contract requiring insurance" with
that person or organization. We waive this right
only where you have agreed to do so as part of
the "written contract requiring insurance" with
such person or organization signed by you
before, and in effect when, the "bodily injury" or
"property damage" occurs, or the "personal Injury"
offense is committed.
4. The following definition is added to the
DEFINITIONS Section:
"Written contract requiring insurance" means that
part of any written contract with the person or
organizations shown in the Schedule above,
under which you are required to include that
person or organization as an additional insured
on this Coverage Part, provided that the "bodily
injury" and "property damage" occurs and the
"personal injury" is caused by an offense
committed:
a. After you have signed that written contract;
b. While that part of the written contract is in
effect; and
c. Before the end of the policy period
Page 2 of 2 02015 The Travelers Indemnity Company. All rights reserved. CG D3 82 09 15
Includes the copyrighted material of Insurance services Office, Inc., with its permission