Loading...
HomeMy WebLinkAboutAGMT - Anderson Penna Partners Inc (Temporary Code Enforcement)PROFESSIONAL SERVICES AGREEMENT R C ENEDD Between I DEC:2QZ017 CITY CLERK CITY OF SEAL BEACH City of Seal Beach 211 8th Street Seal Beach, CA 90740 9 Anderson Penna Partners, Inc. 3737 Birch Street, Suite 250 Newport Beach, CA 92660 949 - 428 -1500 This Professional Service Agreement ( "the Agreement') is made as of December 11, 2017 (the "Effective Date "), by and between Anderson Penna Partners, Inc. ( "Consultant'), a California corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 10 RECITALS A. City desires certain professional services. B. Consultant represents that it is qualified and able to provide City with the personnel to perform such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Consultant shall provide the specific designated personnel to perform those services ( "Services ") set forth in Consultant's proposal dated November 30, 2017 and attached as Exhibit A, which is hereby incorporated by this reference. Specifically, Consultant shall provide the personnel designated in Exhibit A to serve as City's temporary municipal code enforcement officer. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Consultant shall that its employees perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances, in a similar geographic locality, and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Consultant and its employees or agents shall comply with all applicable provisions of federal, state, and local law. 1.4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1 This term of this Agreement shall commence as of the Effective Date and shall continue for a term of up to six months or a maximum of 1,000 hours service as a temporary code enforcement officer in a fiscal year unless previously terminated as provided by this Agreement. 2of10 2.2 The term may be extended for a term of up to six months or a maximum of 1,000 hours service as a temporary code enforcement officer in a fiscal year unless previously terminated as provided by this Agreement. 3.0 Consultant's Compensation City will pay Consultant in accordance with the hourly rates and vehicle reimbursement amounts shown on the fee schedule set forth in Exhibit A for Services but in no event will the City pay more than the total amount of $65,000.00 for a six month term. 4.0 Method of Payment 4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant's invoice unless City gives Consultant notice that some amount in the invoice is disputed, in which case the parties shall meet and confer to resolve such dispute. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant. 4.2. , Upon 24 -hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 15 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 3of10 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Scott Barber is the Consultant's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: City Manager To Consultant: AndersonPenna 3737 Birch Street, Suite 250 Newport Beach, CA 92660 Attn: Stephen G. Badum, PE 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of10 8.0 Independent Contractor 8.1. Consultant is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. However, only the individuals listed in Exhibit A shall be deployed by Consultant to perform the Services. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, and employees serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant's personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subcontractors. 10.0 Assignment Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer 5of10 to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Consultant shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be reduced or canceled except after 30 days prior written notice by mail, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, and employees, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, and employees, shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, and employees, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible. 6of10 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, and employees,. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, and employees,; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Consultant shall indemnify, but not defend, and hold the City, its officials, officers, employees and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, intentional wrongdoing or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and other related costs and expenses, except for such loss or damage arising from the negligence or willful misconduct of the City. Consultant shall reimburse City and its directors, officials, officers, and employees, , for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided, caused by the negligence or other fault by or attributable to the indemnitor, its employees or agents, and determined by a court of competent jurisdiction.. All duties of Consultant under this.Section shall survive termination of this Agreement. 13.0 Equal Opportunity Consultant affirmatively represents that it is an equal opportunity employer. Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance 7of10 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further represents that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained. 8of10 20.2. Consultant further represents and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Consultant represents and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. 9of10 CITY OF SEAL BEACH CONSULTANT m Attest: M .. Approv27t By: Craig A. Steele, City Attorney 10 of 10 Engineering Services EXHIBIT A ANDERSON • PENNA *PARTNERS IN PROJECT DELIVERY. November 30, 2017 Crystal Landavazo Interim Director of Community Development City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject: Proposal to Provide Extended Professional Code Enforcement Services Dear Ms. Landavazo, In response to your request, AndersonPenna Partners, Inc. (APP) presents this proposal for continued professional code enforcement services for the City of Seal Beach (City) through a renewal of our current contract. APP understands that, pending Council approval, the City is interested in renewing APP's current code enforcement services contract for another six months, with a potential for an additional six -month extension. Our current scope of services would continue unchanged, but be provided by two part-time code enforcement officers instead of one. APP's proposed part-time code enforcement officers are David De Leon, Michael Romero and Candace Martin. All have proven track records in successfully performing code enforcement for Southern California public agencies. Our proposed rate for these services is $60 per hour and a vehicle fee of $450 per month. Please refer to our proposed fee in this submittal. APP is excited about this opportunity to be of service to the City on an extended basis. If you require any additional information, please feel free to contact me at (949) 524 -5198 or sbadum @andpen.com. Respectfully submitted, AndersonPenna Partners, Inc. Stephen G. Badum, PE Vice President, Engineering and Municipal, Services,_ . cc: Lisa M. Perna, PE, F.ASCE, Q$D Presi,d'eht /CEO Angelique M. Lucero, Chief ;FirianI ial Officer Gary Heinbuch, Inspidiogs Manager 3737 BIRCH STREET, SUITE 250 • NEWPORT BEACH, CA 92660 • 949 428 1 500 1 225 W. 1 90TH STREET, SUITE 255 • GARDENA, CA 90248 - 31 O 359 1 203 1 6801 VAN BUREN BOULEVARD • RIVERSIDE, CA 92504 • 949 200 302 1 NNNL ANDPEN. COM CERTIFIED DBE Extended Professional Code Enforcement Services City of Seal Beach Resumes David De Leon David De Leon is a certified code enforcement officer with experience in identifying, Code Enforcement Officer investigating and resolving potential violations of municipal codes. He has performed comprehensive code enforcement duties for the Cities of Seal Beach and Certifications Newport Beach as well as an investigator for the City of Garden Grove. Bilingual in CACEO, Santiago Canyon College, Spanish and English, David brings experience in educating the public about codes. Orange, CA RELEVANT EXPERIENCE POST, PC 832, Laws of Arrest, Victor Valley College, Victorville, CA Code Enforcement Services, Community Development Department, City of Years of Experience Seal Beach, CA. Code enforcement officer receiving, recording and investigating Entered the profession in 2016 complaints from the public and staff regarding violations of municipal codes, ordinances and health and safety regulations. Documented violations by securing photographs and other pertinent data. Provided information to violators, the public, the business community and other government agencies regarding municipal codes and ordinances. Prepared notices of violation or issues citations per applicable codes. Code Enforcement Services -Water Conservation, City of Newport Beach, CA. Code enforcement officer receiving, recording and investigating complaints of violations of municipal codes, ordinances and health and safety regulations. Documented violations by taking photographs. Provided information to violators, the public, the business community and other government agencies about municipal codes and ordinances. Prepared notices of violation or issues citations per applicable codes. Educated citizens about water consumption and water use citations and notice of violations. Interpreted and explained citations and notice of violations to the Spanish- speaking community. Code Enforcement Services, City of Garden Grove, CA. Volunteer code violation investigator assisting with drive -by investigations, taking photos to maintain and updating existing cases. Logged each action taken within each case and maintained communication with a code enforcement supervisor on status of each case. Security Services, Raytheon, Anaheim Hills, CA. Performed visual and physical surveillance of entire facility. Provided support for national headquarters with all national accounts. Administrative Services, USGI Medical, Anaheim, CA. Connected the property management companies and their tenants with their city's code enforcement division and law enforcement. Responsible for contacting, scheduling and guiding all applicants through the hiring process, performed background checks, scheduled drug screens and executed in person interviews. Managed a set business portfolio of the company. Managed all portfolio- related security guards, work schedules, trainings and relationship with the property management team. aye v ANDERSON PENNA Extended Professional Code Enforcement Services City of Seal Beach Michael Romero Michael Romero has more than 11 years of code enforcement experience. Michael Code Enforcement Officer has worked with the County of Riverside for 14 years and served in the field code enforcement for 11 of those years. Michael is well known for his diversified Education experience, knowledge of county ordinances and ability to effectively communicate Computer /Electronics Technology with staff and members of the community. DeVry University, Pomona, CA Training 2017 /California Association of Code Enforcement Officers (CACEO) Module I Academy, 40 -Hour 2017 /National Pollutant Discharge Elimination System HAZWOPR 40 -Hour 2016 /California Hazardous Materials Investigators Association 40 -Hour 2014/CBL Training and Consultation /Officer Safety /Awareness 2013 /Community Emergency Response Team (CERT) 2012/ Drugs and Social Media/ California Narcotics Officers Association (CNOA) 2012 /Marijuana Cultivation /CNOA 2012 /Marijuana laws, Current Trends, Civil Remedies /CNOA 2008 /P.C. 832- Arrest, Search, and Seizure/ Riverside Community College /Sheriffs Department 2007 /California Association of Code Enforcement Officials 2007 /Riverside County Code Enforcement /Code Enforcement Training Academy Years of Experience Entered the profession in 2003 RELEVANT EXPERIENCE Code Enforcement Services, City of Corona, CA. Code enforcement officer investigating complaints of alleged violations of municipal codes, ordinances, standards, health and safety regulations. Prepares notices of violation per applicable codes, regulations. Contacts residents, businesses to explain alleged violations and encourage compliance with zoning, land use ordinances and community standards. Conducts field inspections, gathering supporting evidence, maintaining case files. Records violations using City's electronic code enforcement tracking system. Effectively creating and administering a management protocol that quickly and fairly resolves code enforcement matters. Prepares compliance schedules help violators attain full compliance. Code Enforcement Services, County of Riverside, Perris, CA. Code enforcement officer resolving issues related to land use, zoning, structural, abatement, vehicle code and health and safety. Worked with business and property owners. Scheduled and conducted inspections; alerted violators to ordinances and sought voluntary compliance. Photographed violations as evidence. Issued notices of violation, citations or court- ordered inspection warrants. Typically managed from about 150 to 200 cases, tracking inspection and enforcement efforts. Prepared documents for hearings, court proceedings. Worked with related agencies and County departments to resolve complex violations. Served as lead agent in multi -agency task force operations and site investigations. Informed roadside vendors of hazards of selling food, perishable items from carts or vehicles. Enforced ordinances pertaining to health and safety codes, issuing misdemeanor and infraction citations. Documented, seized evidence of homeless encampments, marijuana dispensaries and marijuana cultivation. ANDERSON PENNA Extended Professional Code Enforcement Services Candace Martin Code Enforcement Officer Certifications Certified California Building Inspector, 2016 (al DES Building Inspector /ACIA, 2016 Certified Green Plumbing Professional /Accredited Green Plumber /2011 Los Angeles Police Academy • 1995/POST • 1999/P(832 Dispatcher Professional Affiliations CACEO, Former Member Basic and Intermediate Certification (SCA(EO) Years of Experience Entered the profession in 2001 City of Seal Beach Candace Martin has more than 16 years of code enforcement inspection experience. Candace is well- versed In the prevention, detection, investigation and enforcement of ordinances regulating public policy. RELEVANT EXPERIENCE Code Enforcement Services, Los Angeles County, CA. Contract code enforcement officer /building inspector assigned to unincorporated areas of Los Angeles, such as Whittier, Hacienda Heights, Rowland Heights, La Habra, La Puente, Long Beach and Lomita. Performed property inspections for compliance with neighborhood standards. Inspected substandard property conditions, such as overgrown weeds and vegetation, inoperable vehicles, trash, junk and debris. Observed and reported abandoned foreclosed homes requiring maintenance. Wrote concise reports of violations and contacted property owners. Contacted banks, management companies requesting they maintain abandoned foreclosed properties. Issued informal notices of substandard conditions to property owners as required. Prepared case reports for monthly Council Council hearings. Code Enforcement Services, CA, County of Riverside, CA. Code enforcement officer scheduling workload and providing technical assistance to code enforcement and clerical personnel. Performed the more complex and specialized duties involved in ensuring compliance with County land use, housing, zoning, abatement, nuisance codes and ordinances. Enforced environmental violations, including water, air quality and habitat conservation. Provided guidance to subordinate personnel performing code enforcement. Advised and assisted staff with the more difficult, unusual, or sensitive aspects of the work. Performed field surveys and investigated complaints of possible code and ordinance violations. Contacted property and business owners and conducted on -site inspections. Advised violators of ordinance requirements and sought to gain voluntary compliance. Wrote detailed reports and documented all violations found on the properties. Testified in court proceedings on code violations; took follow -up actions to ensure compliance. Worked with related agencies and County departments on disposition of complaints and code violations. Prepared detailed and specialized reports and correspondence related to code enforcement inspections, violations, and other activities. Provided public with information on land use, zoning, building, housing codes and regulations. /0 ANDERSON PENNA Extended Professional Code Enforcement Services City of Seal Beach Estimated Fee Notes: Reimbursable Expenses: Ordinary identifiable non - salary costs that are directly attributable to the project, such as reproduction, regular vehicular travel costs, overnight postage / Couriers, etc., are included in the fee estimated above. Extraordinary expenses, such as oversized and /or color reproduction costs, site facility hard phone line and /or intemet service charges, non - commuter project miles and /or other travel expenses to remote (over 50 miles one -way) fabrication yards / batch plants, overnight postage / couriers, etc., are billed at actual cost plus 10 percent to cover overhead and administration. Travel charges to a casting / fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Extraordinary charges will not be billed to the Client unless specifically requested and approved by the Client in writing prior to incurring the expense. Fees for expert witness services: Charged at $300.00 per hour with a 4 -hour minimum per day. Payment Terms: A late payment finance charge at a rate of 12 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is effective through June, 2018. Should the Contract duration be extended beyond June 30, 2018, rates maybe subject to annual and /or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business, as mutually agreeable to the parties and approved via Contract amendment prior to implementing higher rates. NOTES/ LIMITATIONS: The projected fee is based on the number of estimated working days required for the completion of the work. The estimate may be affected by: • Working time duration in excess of the duration indicated above • Contractor and subcontractor's efficiency and sequencing of events • Unexpected subsurface conditions • Unforeseen delays beyond APP'S control EXCLUSIONS TO SCOPE AND FEE The following items are specifically excluded: " -- : • Legal advice • Design engineering, • Temporary field office_facilities, equipment , furniture, utilities and /or services • Hazardous materials monitoring aiid /or.testing • Acceptance and /or Independent Assurance Sampling and Testing (IAST) Services • Specialized Software (other than MS Office' Suite) and MS Project Page /e ANDERSON PENNA A �® CERTIFICATE OF LIABILITY INSURANCE DATEIMWDOIYYYY) 8/3/2017 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 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 Dealey Renton and Associates Lic. #0020739 P.O. Box 10550 CONTACT NAME: Robin Lee PHONE 714 427 -6810 F"11 714 427 -6818 .AC.NO.Eafy ac Nod: E-MAIL rlee @dealeyrenton.com -ADDRESS;- INSURERISJ AFFORDING COVERAGE NAIC1t Santa Ana CA 92711 -0550 Y INSURER A:Atlanhc Specialty Insurance Com an 127154 INSURED ANDERPART INSURERB:Sentinel Insurance Co. LTD 111000 AndersonPenna Partners, Inc. INSURER C:Trumbull Insurance Company 127120 3737 Birch Street Suite 250 Newport Beach CA 92660 INSURER D: INSURER E INSURER F : I COVERAGES CERTIFICATE NUMBER: 1592674815 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LTR rypE OF INSD UBR NND POUCYNUMBER POLICY EPP MMIDDIYYYY POLICYEXP MMIDD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 84SB1MW8502 8/1/2017 8/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO REN I LU CLAIMS -MADE ❑X OCCUR PREMISES LE a occurrence)_ $1,000,000 X 410,000 Contractual MED EXP(Any one person) X BFPD XCU PERSONAL B ADV INJURY 51,000,000 GENER' AGGREGATE 152,000,000 GENL AGGREGATE LIMIT APPLIES PER JPOLICY E) JECT LOG PRODUCTS - COMPIOP AGO $2,000000 S OTHER. C AUTOMOBILE LIABILITY Y Y 14UEGZV2102 8/1/2017 8/1/2018 Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OOSMIED AUTOECULED BODILY INJURY (Per acuden[) $ X HIREDAUTOS IX AUOTOSNMED PPeFaccitlen DAMAGE $ $ 1 B X UMBRELLA LIAB Lx] OCCUR 84SBWIW8502 8/1/2017 8/1/2018 EACH OCCURRENCE $2 00,000 AGGREGATE $20 ,000,000 EXCESS LIAR CLAIMS -MADE pED I RETENTIONS 5 B WORKERS COMPENSATION AND EMPLOYERS' UABILM Y/ N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICERIMEMBER EXCLUOED4 ❑N NIA y 84WEGAA5KBS 8/1/2017 81112018 I X STATUTE I _IRH EL EACH ACCIDENT EE LL 51,000000 DISEASE - EA EMPLOYEE 51,000,000 (Mandatory in NH) If yes describe un DESCRIPTION OFdOPERATIONS below E.L. DISEASE - POLICY LIMIT I $1,000,000 A Professional Liability DPL705517 811/2017 81112018 $2, 000,000 per Calm Claims Made $2,000,000 Ann. Aggr $40,000 Ded Per Claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AOditiaul Remarks Schedule, may be altacbed if more space is required General Liability policy excludes claims arising out of the performance of professional services. Umbrella Following Form Excludes Professional Liability. Re: All Operations as pertains to named insured. The City of Seal Beach, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of City officials are Additional Insured as respects to General & Auto Liability coverage as required by written contract. Coverage afforded the Additional Insured is Primary and Non - Contributory as respects to General Liability coverage. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this See Attached... CERTIFICATE HOLDER CANCELLATION 30 Days notice /10 Days nonpay © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seal Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach CA 90740 AUTHORIZED REPRESENTATIVE 61LL:,,,_ 11Tkcgf) © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORO® lilk� AGENCY CUSTOMER ID: ANDERPART LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Dealey Renton and Associates NAMED INSURED AndersonPenna Partners, Inc. 3737 Birch Street Suite 250 Newport Beach CA 92660 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE OATS: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. Waiver of Subrogation included in Work Comp. coverage as required by written contract. ACORD 101 (c) 2008 ACORD CORPORATION_ All rights rPServed The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS —INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved_ Page 1 of 3 Includes copyrighted material of Insurance Services Office. Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS —INCREASED LOAD CAPACITY The following replaces Paragraph C.I. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads, F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto ", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee ". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES— INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT— INCREASED LIMIT Paragraph C.1.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured "; and stolen property as of the time of the (2) In or on your covered "auto ". "loss% or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto ". damaged or stolen property with other No deductibles apply to Personal Property cover - property of like kind and quality. age. Page 2 of 3 p 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance services Office. Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one Or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto' for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss ". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto` and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI. TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or "loss ", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 Of 3 Includes copyrighted material of Insurance Services Office. Inc. with its permission. r_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS' COMPENSATION BROAD FORM ENDORSEMENT I *:'r4,1•1:4•Z.li III Eel k,M Policy Number: 84WEGAA5KBS Endorsement Number: Effective Date: 08/01/2017 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: AndersonPenna Partners, Inc 3737 Birch Street Suite 250. Newport Beach, CA 92660 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: INDEX SUBJECT PAGE SUBJECT SECTION 1 2 B. Part One Does Not Apply PARTS ONE and TWO 2 C. Application of Coverage 01 We Will Also Pay 2 D. Additional Exclusions PART-THREE 2 E. West Virginia 02 How This Insurance Works 2 EXTENDED OPTIONS PART - SIX 2 01 Employers' Liability Insurance 03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 04 Liberalization 2 Hazards SECTION II 2 03 Waiver of Our Right to Recover from VOLUNTARY COMPENSATION 2 Others INSURANCE 04 Foreign Voluntary Compensation 05 Voluntary Compensation Insurance 2 A. How This Reimbursement Applies A. How This Insurance Applies 2 B. We Will Reimburse B. We Will Pay 3 C. Exclusions C. Exclusions 3 D. Before We Pay D. Before We Pay 3 E. Recovery From Others E. Recovery From Others 3 F. Reimbursement For Actual Loss F. Employers' Liability Insurance 3 Sustained EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation ENDORSEMENT H. Endemic Disease 06 Employers' Liability Stop Gap 3 05 Longshore and Harbor Workers' Coverage Compensation Act Coverage A. Stop Gap Coverage Limited to 3 Endorsement Montana. North Dakota, Ohio, SECTION 111 Washington, West Virginia and 01 Schedule of Covered States Wyoming PAGE Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 1 of 6 © 2000. The Hartford SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance, 3. litigation costs taxed against you, 4. interest on a judgment as required by law until we offer the amount due under this law, and 5. expenses we incur. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy in any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION II VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those places. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 2 of 6 officer's or employee's employment. The officer's or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any slate shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would be entitled to them under the law. C. Exclusion This insurance does not cover: 1. any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sole Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. If they claim damages from you or from us for the injury or death, our duty to pay ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not apply to work in states shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the states, shown in Paragraph A., as though they were shown in Item 3.A. of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover; 5. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the Flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penalty because of default in premium under the provisions of the workers' compensation law or laws of a state shown in Paragraph A. E. This insurance applies to damages for which you are liable under West Virginia Code Annot. S 23 -4 -2. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.B. of the Information Page is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fail to disclose all existing hazards at the inception dale of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. 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 any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3. does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation and Employers' Liability Reimbursement A How This Reimbursement Applies Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1. of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Rem 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Page 4of6 4. liability for any consequence, whether direct or indirect, of war, invasion, act of Foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power. No endorsement now or subsequently attached to this policy shall be construed as overriding or waiving this limitation unless specific reference is made thereto. D. Before We Pay Before we reimburse you for the benefits to the persons entitled to them, you must have them: 1. release you and us, in writing, of all responsibility for the injury or death, 2. transfer to us their right to recover from others who may be responsible for their injury or death, 3. cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits paid fail to do these things, our duty to reimburse ends at once. If they claim damages from us for the injury or death, our duty to reimburse ends at once. E. Recovery From Others If we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we reimbursed. We will pay the balance to the persons entitled to it. If persons entitled to the benefits make a recovery from others, they must repay us for the amounts that we have reimbursed you. F. Reimbursement for Actual Loss Sustained This endorsement provides only for reimbursement for the loss you actually sustain. In order for you to recover loss or expenses under this reimbursement you must: 1. actually sustain and pay the loss or expense in money after trial, or 2. secure our consent for the payment of the loss or expense. G. Repatriation Our reimbursement includes the additional expenses of repatriation to the United States of America necessarily incurred as a direct result of bodily injury. Our reimbursement shall be limited as follows: 1. to the amount by which such expenses exceed the normal cost of returning the officer or employee if in good health, or 2. in the event of death, to the amount by which such expenses exceed the normal cost of returning the officer or employee if alive and in good health. In no event shall our reimbursement exceed the bodily injury by accident limit shown in Item 3.B. of the Information Page as respects any one such officer or employee whether dead or alive. H. Endemic Disease The word "disease" includes any endemic diseases. The coverage applies as if endemic diseases were included in the provisions of the workers' compensation law. 5. Longshore and Harbor Workers' Compensation Act Coverage General Section C. Workers' Compensation Law is replaced by the following: C. Workers' Compensation Law Workers' Compensation Law means the workers or workers' compensation law and occupational disease law of each state or territory named in Item 3.A. of the Information Page and the Longshore and Harbor Workers' Compensation Act (33 USC Sections 901 -950). It includes any amendments to those laws that are in effect during the policy period. It does not include any other federal workers or workers' compensation law, other federal occupational disease law or the provisions of any law that provide nonoccupational disability benefits. Part Two (Employers' Liability Insurance), C. Exclusions, exclusion 8, does not apply to work subject to the Longshore and Harbor Workers' Compensation Act. This coverage does not apply to work subject to the Defense Base Act, the Outer Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00) Page 5 of 6 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: Countersigned by B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Authorized Representative Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 6 of 6 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 - WHO IS ANINSURED: 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 omis- sions of such person or organization; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation 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 cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. f. This insurance does not apply to the render- ing 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 ex- ceed the limits of liability required by the "writ- ten contract requiring insurance ", the insur- ance 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 lim- its of insurance described in Section III - Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the 'Written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the 'written contract re- quiring 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 SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other in- surance, whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional 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 requir- ing insurance ". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is CG D3 81 09 15 © 2015 The Travelers Indemnity Company. Al rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc, with its permission COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son 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 LI- ABILITY 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 be- fore, 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 DEFINI- TIONS 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, provid- ed 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 ef- fect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. Al rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance services Office, Inc., with its permission