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HomeMy WebLinkAboutAGMT - Case Land Surveying le Xe -06 • AGREEMENT FOR ON -CALL ENGINEERING CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement ") is made and entered into as of /4 day of JusiE , 2006 by and between the CITY OF SEAL BEACH, a municipal corporation ( "City") and Case Land Surveying. ( "Consultant "). RECITALS WHEREAS, City desires to employ the services of a consultant to provide on -call surveying services and WHEREAS, Consultant represents that it has the expertise and experience to provide such services; NOW THEREFORE, and for good consideration, the City and Consultant agree as follows: 1. Proiect/Studies. Surveying and Mapping. 2. Description of Services to be Provided. Consultant shall perfrom on -call professional services as described in Attachment 1, Scope of Work. 3. Term. Unless terminated earlier as set forth in this Agreement, the services shall commence on January 1, 2006 ( "Commencement Date ") 4. Party Representatives. The City designates Mark K. Vukojevic, P.E. to act on City's behalf. The Consultant designates the Larry Case, President, to act on Consultant's behalf: 5. Attachments. This Agreement incorporates by reference the following Attachments to this Agreement: Attachment I: Scope of Work Attachment 2: Rate Schedule Attachment 3: Schedule 6. Integration. This Agreement represents the entire understanding of City and Consultant . as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the • . • parties, and none shall be used to interpret this Agreement. This Agreement may only be amended by the mutual consent of the parties by an instrument in writing. 7. Standard of Performance. Consultant agrees that all services shall be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry, and that all goods, materials, equipment or personal property included within the services herein shall be of good quality, fit for the purpose intended. 8. Performance to Satisfaction of City. Consultant agrees to perform all work to the satisfaction of City within the time specified. If Consultant's work is not satisfactory in the opinion of City's designated representative, City has the right to take appropriate action, including but not limited to any or all of the following: (i) meeting with Consultant to review the quality of the work and resolve matters of concern; (ii) requiring Consultant to repeat or correct the work at no additional fee until it is satisfactory; (iii) suspending the delivery of new or additional work to Consultant for an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set forth. City's options set forth herein are non - exclusive, and are in addition to any remedy available at law to City. 9. Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the prior express written approval of City. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. In the event of any unapproved transfer, including in any bankruptcy proceeding, City may void the Agreement at City's option in its sole and absolute discretion. No approved transfer shall release any surety of Consultant of any liability hereunder without the express consent of City. 10. Comnensation. Consultant shall be compensated on a time and material basis per the Attachement 2, Rate Schedule. In no event shall compensation exceed the approved task order limit set by the Director of Public Works. 11. Insurance. Consultant shall have insurance as follows: 11.1 General Liability (including premises and operations, contractual liability, personal injury, independent contractors liability): One Million Dollars ($1,000,000.00) Single Limit, per occurrence. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be three times the occurrence limit. 11.2 Automobile Liability (including owned, non - owned, and hired autos): One Million Dollars ($1,000,000.00), Single limit, per occurrence for bodily injury and property damage. 2 • • 11.3 Employer's Liability One Million Dollars ($1,000,000.00) per occurrence for injuries incurred in providing services under this Agreement (if Consultant is required to have per the laws of California). 11.4 Workers Compensation Consultant shall, to the extent required by state law, provide Employee's Insurance Workers' Compensation Insurance for the protection of Consultant's employees. Consultant shall file a certificate of insurance which evidences that Consultant is in compliance with said Worker's Compensation Insurance requirement. Consultant shall require all subcontractors similarly to provide such Workers' Compensation Insurance and certificates of insurance for their respective employees. 11.5 Professional Liability Insurance - Consultant shall have errors and omission insurance in the amount of $1,000,000. 11.6 General Requirements. All of Consultant's and its subcontractor's policies of insurance shall: A. Name City, its officers, officials, employees, agents, representatives and volunteers (collectively hereinafter "City and City Personnel ") as additional insureds and contain no special limitations on the scope of protection afforded to City and City Personnel; B. Be primary insurance and shall provide that any insurance or self - insurance maintained by City or City Personnel shall be in excess of Consultant's insurance and shall not contribute with it; C. Be "occurrence" rather than "claims made" insurance; D. Apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; E. Be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel; and F. Be written by good and solvent insurer(s) admitted to do business in the State of California and acceptable to City. 11.7 Deductibles. Any deductibles or self - insured retentions must be declared to and approved by City prior to the execution of this Agreement by City. 11.8 Notice of Policy Changes. Each such insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non - renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, certified, or by personal delivery. In addition to such notice provided to City by the insurer, Consultant shall also provide City with thirty (30) days prior written notice, by certified mail, return receipt requested, of the suspension, voiding, 3 • • cancellation, reduction in coverage or in limits, non - renewal, or material change for any reason, of any such insurance policy or policies. 11.9 Evidence .of Coverage. Consultant shall furnish City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work commences. The duplicate originals and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The procuring of such insurance or the delivery of duplicate originals and endorsements evidencing the same shall not be construed as a limitation on Consultant's obligation to indemnify City and City Personnel. 12. Indemnification. Consultant shall indemnify, defend, and hold City and City Personnel harmless from and against any and all actions, claims, demands, judgments, attomey's fees, costs, damage to persons or p,operty, penalties, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the negligent acts, errors, or omissions of Consultant, its employees, agents, representatives or subcontractors in the performance of any tasks or services for or on behalf of City, whether or not there is concurrent active or passive negligence on the part of City and/or City Personnel; provided, however, that the Consultant shall not be required to indemnify, defend or hold harmless City or City Personnel against claims arising from the sole active negligence or willful misconduct of City or City Personnel. In connection therewith: 12.1 Consultant shall defend, with Counsel acceptable to City, any action or actions filed in connection with any such claimed damage, injury, penalty, obligation or liability, and shall pay all costs and expenses, including attorney's fees, incurred therewith. 12.2 In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such claimed damage, injury, penalty, obligation or liability, Consultant shall defend City and pay to City any and all costs and expenses incurred by City in such action or proceeding, together with actual attorney's fees and expert witness fees. 13. Compliance with Laws. The Consultant shall put forth reasonable professional efforts to comply with applicable laws, codes and regulations in effect as of the date of the execution of this Agreement. Materially increased or duplicative services occasioned by design changes made necessary by newly enacted laws, codes and regulations after this date shall entitle the consultant to a reasonable adjustment in the schedule and additional compensation commensurate with any agreed -upon modification in the Scope of Work provisions of this Agreement. 14. Independent Contractor. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor. City shall not in any way or for any purpose become or be 4 • • deemed to be a partner or employer of Contractor in its business or otherwise, or a joint venturer, or a member of any joint enterprise with Contractor. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.. Neither Contractor nor any of Contractor's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or other fringe benefits from City; and neither Contractor nor any of its employees shall be paid by City any wage or overtime benefit. City is under no obligation to withhold State and Federal tax deductions from Contractor's compensation. Neither Contractor nor any of Contractor's employees shall be included in the competitive service, have any property right to any position, or any of the rights a City employee might otherwise have in the event of termination of employment. 15. Covenant Against Discrimination. Consultant covenants for itself, its heirs, executors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, relation, sex, marital status, national origin, or ancestry, in the performance of this Agreement. Consultant further covenants and agrees to comply with the terms of the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) as the same may be amended from time to time. 16. Termination By City. City reserves the right to terminate this Agreement at any time, with or without cause, upon written notice to Consultant. Upon receipt of any notice of termination from City, Consultant shall immediately cease all services hereunder except such as may be specifically approved in writing by City. Consultant shall be entitled to compensation for all services rendered prior to receipt of City's notice of termination and for any services authorized in writing by City thereafter. 17. Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party require the parry's consent or app, oval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 18. Legal Actions. The Municipal and Superior Courts of the State of Califomia in the County of Orange shall have the exclusive jurisdiction of any litigation between the parties arising out of this Agreement. This Agreement shall be governed by, and construed under, the laws of the State of California. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 19. Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or , is made a party to, any action or proceeding in any way connected with this Agreement, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to litigation costs, including actual attorney's fees and expert witness fees. 5 ■ • • 20. Force Maieure. The time period specified in this Agreement for performance of work may be extended by City because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, provided that Consultant shall within ten (10) clays of the commencement of such delay notify City in writing of the causes and length of the delay. If Consultant gives notice of such delay, City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay, when and if in the judgement of City, such delay is justified. City's determination shall be made in writing, and shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused. Consultant's sole remedy shall be extension of this Agreement. 21. Notices. Unless otherwise provided herein, all notices required to be delivered under this Agreement or under applicable law shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a document delivery service shall be effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the second calendar day following dispatch. Notices shall be delivered to the following addresses: To City: Director of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 To Consultant: Larry Case, President Case Land Surveying 614 N. Eckhoff St Orange, CA 92868 22. Time of Essence. Time is of the essence in the performance of this Agreement. 23. Interpretation: Severabilitv. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The Section headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this Agreement. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, the remainder of this Agreement shall continue in full force. 6 ,. • • 24. Corporate Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement for Contract Services as of the date fast set forth above. CITY / : E • / CONS '� 0.,„ L4 o D s.tR t4 4, /4<c•• , By: -/ By IW v Its: /Ci Mana:er I f -ts De .JT By: It i.. II. L .. Its: City C erk APPROVED AS FORM: Quinn Barrow City Attorney 7 • . • • Attachment 1 SCOPE OF WORK 8 • • 200 GENERAL REQUIREMENTS FOR THE SCOPE OF WORK 200.1 EXAMINATION OF RFP/RFQ DOCUMENTS: The Consultant shall be solely responsible for examining the City's RFP/RFQ documents, including any addenda issued, and for informing itself with respect to any and all conditions which may in any way affect the amount or nature of the proposal, or the performance of the Services in the event the Consultant is selected. No relief for error or omission will be given. 2003 E MAIL: The Consultant shall supply and maintain individual Internet E — mail addresses for each of the project managers and principals involved in the project and other consultant personnel as the City deems necessary. 200.4 INVOICES: The Consultant shall submit not more than one invoice a month and shall obtain a copy of the accounts payable schedule. The invoice will be in a format that is acceptable to City Engineering Staff and shall detail individual personnel who worked on the project, specific tacks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, percentage of dollars spent. The Consultant shall prepare invoices that show costs against each major milestone task. The Consultant shall notify the City when the cumulative compensation payable under this Contract has reached 75% of the Contract not to exceed price. If at any time the Consultant has reason to believe that the total cost to the Authority for the performance of this Contract will be greater or substantially less that the Contract not to exceed price, the Consultant shall notify the Consultant in writing to that effect and give its revised estimate of the total cost for the performance of this Contract. The notice shall state the estimated amount of additional funds required to continue performance for the remainder of the contract term. In no event is the Consultant authorized to exceed the "not to exceed price" without prior written approval from the City. 200.5 COMPUTER FILES: The Consultant shall supply the City with a digital and editable copy of all files that are included in the hard copy of the report. The Consultant shall use or transfer into the following formats: Word Processing: Microsoft Word, Spreadsheets: Excel, Databases: Filemaker Pro, Microsoft Access, GIS: ArcView, Drawings: Autocad. All final plans shall be submitted also on CD readable by City computers. All digital files shall be submitted on a CD ROM. The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein. The Consultant agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs. 200.6 KEY PERSONNEL: The Consultant shall not reassign any personnel mentioned in the RFQ/lnterview process unless under extraordinary circumstances. The Consultant shall secure the prior written approval the City for any change or reassignment of the key personnel, submitting written documentation of the new individual's qualification. 9 • • The Consultant's project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Consultant agreement and Scope of Work. The Consultant shall be solely responsible for implementation of all services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services. All workers shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Consultant's personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re- employed on this Contract. 200.7 UNAUTHORIZED WORK: Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the City, will be considered as unauthorized and at the sole expense of the Consultant. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof. 200.8 AUDITS: The Consultant shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall permit the Consultant to furnish the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Consultant directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Consultant hereunder. The Consultant will make reasonable efforts to assure that the any such representative is not a competitor of the Consultant to which the disclosure of such cost information would have a detrimental effect on the Consultant's business. The Consultant shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement. 200.9 CONSULTANT'S INTERACTION WITH MEDIA AND THE PUBLIC: The Consultant shall refer all inquiries from the news media to the City. If the Consultant receives a complaint from a citizen or the community, the Consultant shall inform the City what action was taken to alleviate the situation. 200.10 SUBCONTRACTORS /SUBCONSULTANT: The City reserves the right of prior approval of all subcontractors and retains the right to request the Consultant to terminate any subcontractor, for any reason appropriate by the City, by so notifying the Consultant in writing. Should said notification be submitted to the Consultant, it shall terminate said subcontractor immediately. 10 • • • The City shall have no liability to any subcontractor(s) for payment for services under this Contract or other work performed for Consultant. Any subcontract entered into by Consultant under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Consultant. • 200.11 DIRECT EXPENSES: It is expected that the Consultant has extensive knowledge and experience performing this type of work. The Consultant shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Consultant's hourly rates. Therefore, the Consultant shall receive no additional compensation beyond that which is detailed in their budget. The City will not pay for mileage charges. 200.12 INSURANCE: Not Used 200.13 RETENTION FOR CALTRANS: Not Used. 11 • III 201 SPECIFIC REQUIREMENTS FOR TILE SCOPE OF WORK The Consultant shall provide the following services on an on a Time & Material basis to the City of Seal Beach: • Surveying and Mapping Services on public works projects. • Construction Support/Shop Drawing Review • Attend Meetings upon request of the Director of Public Works Prior to starting any work, the consultant shall submit a detailed task order scope, fee propsal, schedule, and overall project estimate. No work shall begin until written approval by the Engineering Division. All work must be within the budgetary limits established in the project. 12 . Attachment 2 SCHEDULE OF COMPENSATION 13 • SCHEDULE OF COMPENSATION • •• •MN •wIMO • OMB CO OM ••MOO •M ••M• OP ••M..OM • NO •M• •• • M •••••• • M••• •• • •M •• ••• w • M•• M•M • •M•••M •M ••• •••••• • •M • • M•• • ••• M•• ••••••• • • • M • OM= •w•• ••••• ONO •M •• M •••N • M M SOW •• • •• ••••M • •N M••M CASE LAND SURVEYING HOURLY RATE SCHEDULE Effective January 2006 Hourly Rate THREE -MAN CREW $295 TWO -MAN CREW $195 ONE -MAN CREW $115 PRINCIPAL SURVEYOR $135 SURVEYOR AUTOCAD $95 CLERICAL $35 EXPERT WITNESS $155 Note: Our standard hourly rate will be billed, per our union agreement, in segments of 4, 6, or 8 hours. Also per our union contract, Saturday is billed as 1 ' times the standard hourly rates and Sunday hours are billed at 2 times the standard hourly rates. Any day for which a crew is dispatched, will have a minimum of four hours billed. This schedule of rates may revised upon approval by the Director of Public Works. 14 , • . 0 • Attachment 3 WORK SCHEDULE 15 .. • • WORK SCHEDULE The Consultant will provide a detailed schedule for each task order. No work shall beauthorized unless the Engineering Division has first approved the schedule. The schedule must show the dates of the expected start and completion of the various items of the Contract work. It shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, critical path, and review times. Consultant shall provide schedule updates with each request for payment. Schedule shall be prepared on software approved by the Engineering Division. Digital submissions may be required at the discretion of the Engineering Division. 16 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYY) 12/30/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robles Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pasadena, CA 91101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 626 844 -3070 INSURERS AFFORDING COVERAGE INSURED INSURERA Travelers Indemnity Co. of Connecticut Case Land Surveying INSURERB Travelers Property Casualty Co of Ameri 614 N. Eckhoff Orange CA 92868 INSURERCU.S. Specialty Insurance Company INSURER D INSURER E COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDD/YYl DATF IMM /DD/YYI A GENERAL LIABILITY 6802051L319 6/1/2010 6/1/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $10 , 000 X Contractual Liab PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $2,000,00 0 7 POLICY ) I JEa LOC B AUTOMOBILE LIABILITY BA410 7N7 2 4 6/6/2010 6 / 1 / 2 011 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ B EXCESS LIABILITY CUP6450Y483 6/1/2010 6/1/2011 EACH OCCURRENCE $4,000,000 OCCUR CLAIMS MADE AGGREGATE $4,000,000 DEDUCTIBLE $ _ X RETENTION $0 $ WC STATU- B WORKERS COMPENSATION AND UB5276Y350 1/1/2011 1/1/2012 X ORYLIIMTS ° ER EMPLOYERS' LIABILITY EL EACH ACCIDENT $1,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 EL DISEASE - POLICY LIMIT Si. 000, 000 C OTHER USS1020597 6/20/2010 6/20/2011 $1,000,000 per claim Professional Liability $1,000,000 Annual aggr DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: All Operations City of Seal Beach, its officers, officials, employees, agents, representatives, and volunteers are named as additional insureds as respects general liability for claims arising from the operations of the named insured. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION10 Dav Notice for Non- Paymnt of Prem SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Seal Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER Attn: Andy Dasilva, Dir. of Public Works NAMED TO THE LEFT. 211 Eighth Street Seal Beach CA 90740 AUTHORIZED REPRESENTATIV ACORD 25 -S (7/97) CORD CORPORATION 1988 J ... • • POLICY NUMBER: 6802051L319 COMMERICAL GENERAL LIABILITY ISSUE DATE:12/30/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Seal Beach Attn: Andy Dasilva, Dir. of Public Works 211 Eighth Street Seal Beach CA 90740 PROJECT /LOCATION OF COVERED OPERATIONS: RE: All Operations_ City of Seal Beach, its officers, officials, employees, agents, representatives, and volunteers PROVISIONS A The following is added to WHO IS AN INSURED The insurance provided to such additional (Section II): insured is limited as follows: The person or organization shown in the Sched- ule above is an additional insured on this Cover- d. This insurance does not apply to the render - age Part, but only with respect to liability for bod- ing of or failure to render any "professional ily injury", 'property damage" or 'personal injury services ". caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on e. The limits of insurance afforded to the addi- your behalf: tional insured shall be the limits which you agreed in that 'contract or agreement requir- a. In the performance of your ongoing oper- ing insurance" to provide for that additional ations; insured, or the limits shown in the Declarations for this Coverage Part, b. In connection with premises owned by or whichever are less. This endorsement does rented to you; or not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for C. In connection with your work and included this Coverage Part. within the "products -completed operations hazard." B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL Such person or organization does not qualify as LIABILITY CONDITIONS (Section IV): an additional insured for "bodily injury", "property However, if you specifically agree in a contract or damage" or "personal injury' for which that person agreement requiring insurance that, for the addi- or organization has assumed liability in a contract tional insured shown n the Schedule, the insur- or agreement. ance provided to that additional insured under this CG D3 82 09 07 Page 1 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission