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HomeMy WebLinkAboutDIXON RESOURCES UNLIMITEDINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 1.I5 2022 _ CLERK OF COUNCIL DATE: A-2022-164 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND DIXON RESOURCES e: WA( ti A2aa,(oN1}a UNLIMITED TO CONDUCT A CITYWIDE PARKING STUDY A►taA�(Av) ?- THIS AGREEMENT is made and entered into on this 6" day of September, 2022 by and between Dixon Resources Unlimited, ("Consultant"), and the City of Santa Ana, a charter city and cli municipal corporation organized and existing under the Constitution and laws of the State of r California ("City"). rn ® RECITALS rL W A. The City desires to retain a Consultant having special skill and knowledge in the field of conducting a citywide parking study to establish a potential new permit parking program in the City. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the services described in the scope of work that was included in RFP No. 22-074 and that is attached as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Fee Proposal - Exhibit C. The total amount to be expended during the term of this Agreement including any extension periods shall not exceed $500,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a one (I) -yea r renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: I. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and Page 2 completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not require an automobile to perform services.) 3. Workers' Compensation insurance as required by the State of California, with StatutoryLimits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees.) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, orvolunteers shall be excess ofthe Consultant's insuranceand shall not contribute with it. Page 3 Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Z Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and Page 5 invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any Page 6 terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-43) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Julie Dixon President Dixon Resources Unlimited 3639 Midway Drive, Ste. B345 San Diego, CA 92110 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and Page 8 addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �y Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba P.E. Executive Director Public Works Agency CITY OF SANTA ANA ,L Kristine Ridge City Manager CONSULT Julie Dixon Project Manager Page 10 EXHIBIT A Appendix ATTACIMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CITYWIDE PARKING STUDY - CONSULTING SERVICES RFP NO.: 22-074 INTRODUCTION The City of Santa Ana's residential permit parking program was established to limit intrusion of nonresidential and commuter parking into residential neighborhoods citywide, by creating permit parking districts via resolution. Since then, streets with permit parking restrictions has grown rapidly near and around high parking generators, such as, large multifamily and/or clusters of multifamily complexes, mixed used districts, new developments, etc. The City has experienced significant challenges related to limited parking on public streets. There are roughly 9,000 permits issued citywide within 27 permit parking districts. Currently residents are eligible for parking permits if they live on a qualifying block within the established permit parking district and live in either of the following: 1. Single-family homes: Up to U3 parking permits. 75 guest permits per year, per home. 2. Multi -family family homes with two (2) to four (4) units per parcel: Ul parking permit maximum per dwelling unit and no guest permits. hnproving public parking supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability and objective #4 (support neighborhood vitality and livability). Achieving these goals and objectives will require addressing, not just residential neighborhood parking, also the parking needs for commercial and parking impacted multifamily due to the contributions of the following factors; growing number of vehicles per household, older neighborhoods originally designed for a lower parking demand, limited parking within multi -family communities, the number of people living in a residential unit, the use of garages for storage and unpermitted living quarters, and new housing developments that provide minimal parking (such as accessory dwelling units, large multi -family, etc.,). Also, continuous addition of new residential permit parking streets, vehicles utilizing these streets for parking are displaced and move to nearby streets, causing a "domino" effect impacting the surrounding streets and causing for more permit parking requests. The study will consist of the following (but not limited to) tasks and objectives to develop a citywide permit parking program to provide balanced parking to support resident quality of life, visitors, businesses, and commuters: • Analysis of the current residential parking streets, regulations, enforcement, and trends; • Review of residential parking practices in comparable cities, use as case studies; City of Santa Ana RFP 22-074 Page Al-1 • Comprehensive analysis of parking supply and demand in two representative Santa Ana neighborhoods; • Extensive public outreach, including sixty (60) public meetings, twenty (20) Advisory Committee meetings, and online comment tools. • Recommend approaches and strategies that allow for flexibility to improve residential area parking management. • Evaluate and recommend Land Use policies • Evaluate businesses operating in neighborhoods. • Balance parking needs of residents, visitors, and commuters. • Account for neighborhood need and quality of life. • Administer a program that is fair and transparent. • Consider the highest and best use of the public right-of-way. • Streamline the administrative process. • Apply a data driven approach. The consultant will be required to identify feasible solutions/recommendations to the City's current parking issues. The solutions/recommendations, which will establish a potential new permit parking program will need to be comprehensive and address all aspects that lead to reducing the parking demands in the City. This would include parking and land use policies. SCOPE OF WORK A. STAKEHOLDERS Propose a methodology for engaging stakeholders including residents of single-family homes, multi -family units, business property owners, and business owners. Prepare minutes, agendas, and reports of all meetings among the City and stakeholders for review and approval by the City's Project Manager. B. PARKING ANALYSIS OF EXISTING CONDITIONS • Review residential permit parking program and identify current best practices that can be added to the City's current residential permit parking program, • Review similar parking challenges in other cities and their strategies (i.e. permits assigned based on number of bedrooms, then on number of units, shared private/public lots, etc.,) • Conduct parking audits of permit parking districts citywide. • Current enforcement strategies. • Current planning impacts. C. PARKING MANAGEMENT City of Santa Ana RFP 22-074 Page Al -2 Provide the City with a policy, criteria or guidelines to manage future requests from residents in both residential zones (single-family, multi -family, live/work and mix -use) to augment/modify existing parking regulations and can include the following: • Limit the number of permits issued for vehicles per household • Evaluate alternative permit parking options by time of day (e.g. weekends, overnight, etc.) and related issues/challenges. • Evaluate code and policies related to the management of multi -family and commercial developments adjacent to single-family residences. • Identify potential opportunities for shared parking areas including public/private shared use agreements for parking. Revised parking standards for development and planning to adequately address projects parking needs. i.e., use only City of Santa Ana development projects as reference when performing a parking demand analysis. • Evaluate the use of paid parking (Le, parking meters and stalls) in commercial corridors that are adjacent to residential parking areas. • Explore the use of alternative striping for parking including diagonal and perpendicular stalls in multi -family residential areas to maximize parking. • Evaluate parking permit cost by income limits established by Santa Ana Housing Authority housing income limits* OR another appropriate qualifying criterion. • Explore/recommend enforcement technologies, i.e., mobile license plate readers. D. PLAN OF ACTION AND IMPLEMENTATION • Develop an implementation/action plan that addresses recommended actions (parking management strategies), timeframes, costs, staffing, including demand management. Identify those actions that can be done in the short-term to improve program, as well as, long term actions. • Recommend potential revisions to the existing residential permit parking program including revised program options. An elimination option is not to be considered. • Recommend revisions to streamline both Interest Form and Petition approval process. • Perform financial analysis of the City's existing program and recommended program; recommendation new permit fees. City of Santa Ana RFP 22-074 Page Al-3 E. DELIVERABLES • Develop a schedule for the public outreach and preparation of the tasks and objectives outlined in the Project Scope and Introduction, including staff review, and City Council review. • Parking recommendations related to all housing types, occupancy, tenure, affordability, and parking requirements. • Provide Action/Implementation Plan including recommended short-term and long- term actions. • Provide staff with bi-weekly e-mail progress reports and memos at various project stages, updates as necessary. • Prepare public meeting presentation materials, miscellaneous letters and memos as required by City staff, in paper and electronic formats. REFERENCE: See link for existing permit parking information. https://www.santa-ana.org/pw/parking-permits City of Santa Ana RFP 22-074 Page Al-4 EXHIBIT B DIXON FEHR -�PEERS district in Downtown where specific parking management strategites can be deployed towards achieving a "park -once" walkable transit zone. A detailed data collection survey was undertaken to document the supply, type, and hourly demand of the parking facilities including surface lots and on -street spaces encompassing a total of approximately 3,731 parking spaces. The study identified hot -spots of parking demand during different time periods of the data collection days. The study included identification of parking management strategies that can be implemented either in isolation or combined as part of a larger management strategy in support of a "park - once" program. Potential timing and relative cost of the various strategies was provided, as well as case studies from other Southern California cities. The study recommended a number of next steps for the City to undertake as part of the development of a "park -once" zone. Selena Kelaher, Associate Planner, (714) 667-2740, skelaher@santa-ana.or� F. References City Name Contact Name .. Title Email Address Costa Mesa Jennifer Rosales Transportation ServicesManager Jennifer.rosales@costamesaca.gov Norwalk Miguel Lucero Management Analyst mlucero@norwalkca.gov Pasadena Jon Hamblen Parking Manager jhamblen@cityofpasadena.net Santa Ana Selena Kelaher Associate Planner skelaher@santa-ana.org Section 2. Scope of Services and Schedule The following workplan addresses the technical approach, methodology, and specific tasks that will be performed as part of the Scope of Work detailed in the Request for Proposals. Below is a summary of the deliverables associated with each task; however, it should be noted that the Project Team is adaptive to the City's needs. We will work with the City and, based upon the evolution of the Project, we will adjust our deliverables to ensure ongoing alignment with project goals and overall project plan priorities. Task A: Project Management Our team will engage City staff throughout the duration of the project to support a collaborative project management approach. The proposed budget includes all costs to support a project kickoff meeting and ongoing project management. We will plan to schedule bi-weekly teleconference meetings with the project team to provide project updates, collaborate, and address challenges. Additional meetings to be scheduled as required. To facilitate document sharing, we will establish a shared project folder (such as Dropbox, Google, SharePoint, or similar) so that City staff can easily provide the relevant documentation for our review. We will maintain this folder throughout the duration of the project to keep all project files organized and accessible. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 12 DIXON FEHR-i PEERS Task A. Deliverables • DIXON will assign Julie Dixon as the overall Project Manager. KeIIie Dugdale will serve as the primary project support and serve as the single point of contact for overall communications and project coordination with the City. • The Project Team will conduct an in person orvirtual project kickoff meetingto prioritize objectives and tasks, finalize the schedule, and request background data from the City. During this phase, the Project Team will achieve a thorough understanding of site context to clarify the City's near, medium, and long-term planning objectives. DIXON will prepare and distribute an agenda and minutes for the kick-off meeting. • In coordination with City staff, The Project Team will obtain all relevant data to assist with the project including past studies, available data, staff reports, and existing parking management strategies. • The Project Team will conduct bi-weekly project meetings for the duration of the project. During each meeting, DIXON will provide a project overview and status, highlight problems and corrective measures, and present the next steps. Meetings and project status will be memorialized and distributed to City Staff via e-mail. Task B: Stakeholder Input DIXON specializes in stakeholder engagement and communications. Each one of our municipal projects introduces an element of stakeholder engagement. Input from city staff, external stakeholders, advisory groups, and decision makers are a critical part of any municipal program. With each project, we assume a leadership role in coordinating a public involvement strategy to ensure inclusion and transparency with a broad range of stakeholders, including residents, and downtown merchants and businesses, to solicit feedback and improve recommendations. This allows us to bring a local approach to the way we do business and successfully identify operations, management, and technology recommendations. The response to our communication efforts have been extremely positive and municipal administrators have openly and readily received our recommendations as a result of ongoing stakeholder support and investment. We recently completed an extensive stakeholder outreach process for the City of Costa Mesa where their City Council and staff openly expressed and shared their appreciation for our hands on approach and how the community felt included and heard throughout the process. E� P zoom Poll S ouestions Multiple choice question will pop up Select an answer and submit We'll share the We tesnits Examples of virtual stakeholder engagement facilitated during COVID-19. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 13 DIXON FEHRtPEERS I In addition to our direct involvement with staff, stakeholders, advisory groups, and decision makers, DIXON utilizes other opportunities to involve the community including Field Intercept Interviews, Web Survey Tools, Knock -and -Talk Surveys, and customized Focus Groups. We have also successfully transitioned to several online outreach tools that allow for remote participation in the current COVID-19 environment. Each project is unique, and we develop a public participation plan based upon localized needs. We view each stakeholder meeting as an opportunity to develop our skills and apply lessons learned from past projects. DIXON has been invited to present many of these lessons ("How to Identify and Define Your Stakeholders") at a variety of industry conferences. The Project Team's stakeholder engagement methodology is flexible, and we are committed to adapting to the specific needs of each project. We utilize a combination of in -person and virtual meetings with key stakeholder groups, facilitate large public meetings, and utilize online survey tools to reach as many members of the community as possible. We typically recommend hosting meetings with a combination of user groups including residents of single-family homes, multi -family units, business property owners, and business owners so that the community can understand the diversity of parking challenges and needs. Focus group meetings are another opportunityto dive deeper into the unique challenges and priorities for each user group, especially when soliciting feedback about draft recommendations. For the City of Tustin, after an extensive public outreach campaign, over 100 residents joined a community meeting to discuss residential permit parking. In the City of Pasadena, there are several commercial areas with distinct business associations, parking commissions, meter commissions, and other advisory groups that influence the parking system. In addition to hosting 12+ virtual and in -person stakeholder meetings throughout the span of the project, two online surveys were conducted which received over 1,200 total responses. Atwo-day in -person stakeholdersite visitwas also conducted through four key business districts to poll business owners and employees and encourage participation in the online survey. For the City of Costa Mesa, an online Residential Parking Survey was available online with English and Spanish language options. 356 residents responded, and 4 percent of respondents took the survey in Spanish. Four virtual community meetings were also held at various stages of the project, with over 130+ total residents in attendance. Task B. Deliverables: • The Project Team will formalize the public outreach and stakeholder engagement strategy and timeline into a Public Participation Plan for staff comment and approval. • The Project Team will coordinate up to sixty (60) public meetings and twenty (20) Advisory Committee meetings. Meetings will be strategically scheduled to maximize each site visit. DIXON will manage the overall plan and Fehr & Peers will provide local support. • The Project Team will work with the City to develop and finalize a schedule for the public and Advisory Committee meetings. • The Project Team will prepare public meeting presentation materials, and miscellaneous letters and memos to support the stakeholder engagement strategy. • Our process will support an open and transparent relationship with stakeholders that ensures collaboration with the City. We will discuss the current rules that govern residential permit parking and work with stakeholders to further characterize the cause of parking shortages and demands. These discussions will identify industry best practices that can be added to the City's current residential permit parking program. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 14 DIXON FEHR,� PEERS F- • The Project Team will issue an online survey, advertised through social media, to maximize stakeholder participation. DIXON will develop online survey questions that inquire about community demographics, parking perceptions, parking needs, and solicit feedback for incorporation into the overall recommendations. Online survey results will be summarized on a geographical basis and included in future stakeholder outreach presentations. • The Project Team will prepare minutes, agendas, and reports of all meetings for review and approval by the City's Project Manager. Task C: Parking Analysis of Existing Conditions The Project Team will review the City's existing residential permit parking program and collect and evaluate parking data to identify the immediate policies, procedures, and implementation plan that will be needed to address parking shortages. This will include an analysis of current residential parking streets, regulations, enforcement, and trends. During this phase, the Project Team will conduct an Existing Conditions Assessment. The Team will meet with City staff and key stakeholders on -site and virtually to review current processes and identify future needs. This will include an evaluation of business operating in neighborhoods. During our review, we will leverage our experience and understanding of parking and mobility data, as well as parking utilization data, to understand how parking demand varies by time of day, time of year, etc. To better understand community needs, we will also review data related to regional and local demographics, housing/development, workforce, commuting, and other relevant data such as transit and mobility data. This includes a review and analysis of data collected through previous studies as well as current planning impacts. We will also interview City staff to understand how the parking operation functions currently, and we will review any documented policies and business rules related to the City's existing parking management programs. Task C. Deliverables • In coordination with City staff, the Project Team will obtain all relevant data to assist with the project including, but not limited to, parking counts, staffing reports, City Council agenda reports, and existing parking management strategies. We will examine all relevant material, currentvendor agreements, permitting procedures, and/or strategic planning documents to prepare for the on - site assessment. • During a two-day Operational Needs Assessment, our Team will meet with stakeholders and representatives from various City departments to examine existing program details and discuss recommendations for revamping the permit parking program. • During the Operational Needs Assessment, DIXON will evaluate the City's existing permit parking program with an emphasis on the residential streets and areas where parking demand and spillover effects are greatest. The assessment will include a comparative review addressing technology, staffing, and organizational requirements across core functional areas such as finance, asset management, operations, maintenance, and workforce management, with the understanding that the City's policies will need to be modified to optimize the parking system. Findings and recommendations will be discussed with the City during a debrief meeting and incorporated into the Parking Action and Implementation Plan outlined in Task E. • DIXON will identify any operational / technology concerns that the City should consider for future implementation purposes. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 15 DIXON FEHR i- PEERS G- .. _ -[ Task D. Data Collection and Analysis The Project Team will prepare a parking usage survey to better understand parking impacts throughout the community and help determine recommendations. Our team understands the importance of making data - driven decisions to address the community's perception of parking availability and optimize the operation. The main factor for making data -driven decisions is having an occupancy threshold above or below 85%. A parking occupancy rate greater than 85% is considered approaching the parking limit threshold. Parking occupancy rates less than 85% is considered as having adequate parking supply. With well over 10,000 block faces in the City of Santa Ana, a project of this size requires a creative approach because traditional methods of collecting data for the entire City will be budget and time prohibitive. The goal of data collection will be to construct a comprehensive strategy specific to the City's needs with a realistic and effective data collection plan that delivers quality results. Results from the parking survey will help guide the prioritization and timing recommended within the City of Santa Ana. The Project Team has extensive experience managing a variety of parking data collection studies to capture efficiencies in the data collection approach. Understanding the needs of the City for citywide analysis, we have considered a variety of data collection options to optimize the volume of information that can be gathered throughout this project and will gladly work with the City to customize the approach to most effectively address the community needs and priorities. Our data collection strategy includes two phases: Phase 1. Citywide "Big Data" Analysis Our Project Team specializes in Data Science to understand and apply innovative data on projects in transportation planning and traffic engineering. We have forged strategic partnerships with data vendors and invested in research and development in the Data Science arena to provide the best recommendations to the communities we serve. These vendors can provide current and past transportation metrics such as trip origins and destinations derived from aggregated Location Based Services (LBS) leveraging the Global Positioning System (GPS) and sensor data through smart phone applications. This will provide us with citywide samples of parking occupancy, turnover/duration, and origin destination data at a fraction of the cost of traditional methods. These solutions can enhance our data collection approach and help bring specific insights to parking Citywide. The Project Team will use this data to identify peak occupancy times and areas to help define the goals and locations of a more refined data collection effort through Phase 2. Phase 2. Rapid LPR Tool, Ongoing Collection, and LPR Pilot As agencies modernize parking programs, the transition to license plate -based parking solutions, like mobile payment, virtual parking permits and contactless solutions, is becoming an industry best practice. License plate recognition (LPR) technology has evolved into an efficient and effective monitoring tool, especially for agencies with limited budget and personnel resources. Rather than investing in dedicated data collection methods that are expensive and limit the number of days data is avilable, we utilize the information that can be Rapid Parking Report I) I XON City of Ketchum \\ wwWltLm-mn „�wmu�cy available thorugh LPR-based parking enforcement. Example parking occupancy map for the DIXON has developed in-house tools to streamline the City of Ketchum, ID Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 16 DIXON FEHRtPEERS R_ F. analysis of parking data collected down to the block face and lot level using LPR technology to produce the Rapid LPRTool. This Tool can support on -going data collection, and monitor parking enforce mentefficiency and optimize enforcement resources by identifying locations that would benefit from additional monitoring. The Tool's proprietary algorithms efficiently and accurately turns LPR data into powerful parking analysis in various tables, charts, and geo-referenced heat maps as PDF reports and as an interactive online dashboard. Our consolidated resources and dashboards will provide the results necessary to remain smart and adaptive for important policy decisions. Location Date Range for Collection cone inno:a. 911w211a Location Date pang. for Collection me[i IO/E@P s/,.a. no 1.t.1. male, to, -.1r u. w.0 . m aan R oil I'll ll reµ ,..� k Example of Rapid LPR Tool Occupancy Dashboard — -- The Project Team will finalize a data collection methodology =" —I with the City that demonstrates optimal collection routes, quality control and assurance, and deliverables to ensure transparency for all data. Parking space inventory is a critical component of the project setup. The projectteamwill review F,. i_'� existing resources such as the 2021 Downtown Santa Ana Parking Study and other resources provided bythe City. Upon i review of these resources, we will leverage existing parking inventory and GIS datasets to incorporate into the Tool. In 2021 Downtown Santa Ana Study addition, we will collect a comprehensive parking inventory for up to an additional 1500 block faces that will be identified through Phase 1 in order to produce a total inventory count per block face. We will utilize Google Maps to count marked spaces and measure unmarked curb space to calculate an effective parking inventory. Field counts will be performed in locations with out-of-date information or if unavailable in Google Maps. DIXON will coordinate a demonstration of the leading vehicle -mounted LPR vendors that can leverage a pilot program that gives the City LPR cameras for a six-month trial, in which the City will have the opportunity to purchase the cameras at a pro -rated fee. This LPR pilot provides the added benefit of collecting on -going data at a cost-effective rate while also allowing the City to test mobile LPR for enforcement. The vehicle -mounted LPR pilot will allow the City to collect ongoing data and can expand collection to areas outside of the initial Study Area once the additional areas are setup (inventory, collection routes, maps, etc.). Example of vehicle mounted LPR cameras and dashboard Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 17 DIXON FEHR 'PEERS DIXON will coordinate with City Staff on data collection and enforcement strategies including evaluating current staffing needs. An allocation of monies can be set aside from the budget to cover City Staff expenses that will be required for this pilot. DIXON has successfully implemented similar LPR pilots in multiple cities such as Paso Robles, California, and Ketchum, Idaho, as well as worked with Cities such as San Francisco, Pasadena, Seal Beach, and Napa to utilize their existing mobile LPR programs for analysis with the Rapid LPR Report. Summary of the phases and key tasks: 1. Citywide "Big Data' Analysis— Use GPS data for citywide parking analysis. a. Provide citywide samples of parking occupancy, turnover/duration, and origin destination data at a fraction of the cost of traditional methods. b. The Project Team will use this data to identify peak occupancy times and areas to help define the goals and locations of a more refined data collection effort through Phase 2. 2. Rapid LPR Tool, Ongoing Collection, and LPR Pilot - Use City Staff resources to collect ongoing parking data using vehicle -mounted LPR at specific locations identified through citywide analysis. a. DIXON can leverage a six-month pilot program with a LPR vendor for the City to get a vehicle -mounted LPR unit. b. City Staff can collect ongoing parking utilization data efficiently and can pilot LPR for parking enforcement. A portion of the budget has been set aside for City Staffing requirements. c. DIXON will setup the Rapid LPR Tool for an initial set of block faces determined from the citywide analysis. We will leverage existing resources to add areas with existing inventory data into the Tool. In addition, our budget includes an initial 1500 block faces, and we can work with the City on a plan to expand to the entire City. Task D. Deliverables • The Project Team will provide citywide parking analysis through big data vendors and will use this data to identify a refined data collection approach in phase 2. • The Project Team will finalize the study area and a data collection plan with the City that demonstrates optimal collection routes, quality control and assurance, and deliverables to ensure transparency for all data. • DIXON will utilize Google Maps for parking space inventory for up to 1500 block faces. This step will include measuring and calculating a space countfor unmarked curb space. • DIXON will utilize the Rapid LPR Tool to complete parking occupancy and turnover analysis. This includes maps, charts, and tables summarizing the parking supply and demand patterns. • DIXON will leverage a six-month LPR pilot program with an LPR vendor for the City to test as an enforcement tool and collect ongoing data. • DIXON can work with the City to expand the scope of data collection to all neighborhoods. Task E. Parking Action and Implementation Plan The Project Team will develop a Parking Action and Implementation Plan that incorporates a Citywide Permit Parking Program, which will provide balanced parking to support residents, visitors, businesses, and commuters. We will identify and evaluate parking recommendations for the City's residential permit parking program. Wherever possible, these recommendations will be flexible and account for both near - Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 18 DIXON FEHRtPEERS term and long-term priorities based on current and projected parking demand, parking and transportation trends, and community willingness. DIXON will identify steps that the City may undertake to future -proof its parking program and plan for the overall public benefit. These recommendations will include the following: • Recommendations to streamline existing residential permit parking policy, number of current permits, and participating residences. • Recommendations for the permit parking process, including, but not limited to, determining procedures to address challenges in areas where single-family and multi -family neighborhoods are co -located, determining permit limits for vehicles per household, evaluating permit parking options by time of day, and addressing the effects of paid parking in adjacent commercial corridors. • Recommendations for permit administration, issuance and renewal, and associated costs. • Recommendations for municipal code updates that are consistent with California law and consider the Attorney General's opinion (#14-304). DIXON will work with City legal staff to conduct a thorough municipal ordinance review to determine enhancements credits that will "future -proof' code language to prepare the City forthe implementation and management of a revamped permit program. Our extensive experience working with California cities will allow us to identify issues and address gaps in the existing code. Drawing from our experience in the City of Costa Mesa and other nearby municipalities, we will compile all relevant code sections and provide a revised version for consideration. This will include instances where the City may be able to simplify municipal language to improve program efficiency. We will also evaluate parking policies related to the management of multi -family and commercial developments located adjacent to single-family residences. • Recommendations based on lessons learned and best practices from other cities in the region. We have included local project references from Costa Mesa and Norwalk to emphasize our familiarity with parking programs in Orange County. Using these cities, as well as other Southern California municipalities of similar size, demographics, and mixed -use downtowns, we will identify comparable permit rates. • Recommendations based on parking time prohibitions and related issues/challenges, as determined from the Existing Conditions Assessment. • Recommendations for potential parking partnerships with private entities. We have extensive experience structuring shared parking agreements, and we understand the practical and political realities of negotiating a community of diverse stakeholders. In the City of San Leandro, DIXON is currently leveraging shared parking agreements to improve parking management, part of an array of services that helped the City earn the title of 2018 Public Parking Program of the Year by the California Public Parking Program. • Recommendations for enforcement includingfines, towing, administration, and equipment. During the Existing Conditions Assessment, DIXON will discuss options for enforcement with internal stakeholders, including pros, cons, and methods of cost recovery. • Recommendations to revise parking standards for development and planning in order to adequately address projects parking needs. This will include the development of standards for future parking demand analysis. • - Recommendations related to the use of alternative striping for multi -family parking stalls. • Financial analysis of the City's existing and proposed residential permit parking program and recommendations for applicable permit fees. This will include a review of Santa Ana Housing Authority income limits for permit pricing consideration. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 19 DIXON FEHRtPEERS Recommendations for how to move forward with streets currently subject to permit parking and how to implement transition strategies. Task E. Deliverables • DIXONwiIIforma Iizerecommendations tothe existing reside ntialpermit parking program including revised program options. • Based on these recommendations, DIXON will formulate the City's "go -forward" strategy including an approach for handling current petitions and backlog, managing the updated permit approval process, and setting applicable fees and procedures. • Project deliverables for this task will include municipal code updates, analysis of permit fees, and the developmentof comprehensive recommendations, as described above. DIXON will revise these recommendations with feedback from City staff and incorporate them into the Parking Action and Implementation Plan. • The Project Team will create a comprehensive ongoing data collection plan, which includes standards and best practices for future parking demand analysis. • DIXON will prepare a written Parking Action and Implementation Plan recommending near -term and long-term actions based on recommendations developed throughout the Project. The Parking Action and Implementation Plan will include an implementation matrix outlining recommended actions, estimated timeframes, costs, staffing, and responsible parties, potential funding mechanisms, management structures, and financial projections for the entire strategy. Schedule 2022 ju-T Jul Aug Sep Oct Nov Dec Project Kickoff Bi-Weekly Project Meetings Develop Stakeholder Input Strategy Develop Data Collection Plan Existing Conditions Assessment - On -site Visit Stakeholder Input Regulatory Analysis and Recommendations Data Collection Complete Parking Inventory, Occupancy, and Turnover Analysis Online Survery Ongoing Data Collection LPR Pilot Draft Report Parking Action and Implementation Plan LH LTAMUMM 9 MT 1 M AA MV Mill IMF . :�.. lfflult111�111��11��1��11��11���11��11� �. •... •. .. . - D. •-.. 1�1��1��111�itt�tt1��11��1��11��1����11��11� 111� �1��111�111�111��11��1��11��11��111��111 1lillill 111�111�111��11��1��11��111�111��11� The Project Team is available to continue supporting the implementation phase of the project based upon the proposed plan and further negotiations with the City. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana 20 EXHIBIT C DIXON June 1, 2022 City of Santa Ana - Citywide Parking Study DIXON Fee Proposal The Cost proposal is based upon a Time & Materials (T&M) approach to ensure that the project is managed in the most cost-effective and efficient manner. We will deliver within that budget, customizing our solution to focus on what the project needs to achieve its objectives and adapting in order to ensure that the project is completed within the agreed upon budget and timing. Budgets will include estimates for all required travel or related expenses, which are based upon GSA standards and will be billed per City requirements. Principal Consultant .. Hour 11 225/hour I ..Uabdr (Fehr d Peers) Principal Consultant Rate- Per Hour I $310/hour Senior Associate $175/hour Project Manager $220/hour Associate / Data Analyst $155/hour Senior Engineer $160/hour Junior Associate $115/hour Engineer $140/hour Data Collector $50/hour Intern $120/hour Task Task Description Project Management A • Project Kickoff • Bi-Weekly Meetings $36,180 • General Coordination Stakeholder Input • Coordinate up to sixty (60) public meetings and B twenty (20) Advisory Committee meetings $139,420 • Issue online survey • Prepare minutes, agendas, and reports of all meetings Parking Analysis of Existing Conditions C • Two-day Operational Needs Assessment $20,345 • Identify any operational / technology concerns Data Collection • The Project Team will provide citywide parking D analysis through big data vendors and will use this $161,535 data to identify a refined data collection approach in phase 2. Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana Cost Proposal 1 DIXON • Finalize the study area and data collection plan • Utilize Google Maps for parking space inventory where there is limited data • Utilize the Rapid LPR Tool to complete parking occupancy and turnover analysis for the Study Area • Leverage a LPR pilot program with an LPR vendor for the City to collect data Parking Action and Implementation Plan • Formalize recommendations to the existing residential permit parking program • Complete municipal code updates and analysis of E permit fees $58,415 • Create a comprehensive ongoing data collection plan, which includes standards and best practices for future parking demand analysis • Prepare a written Parking Action and Implementation Plan Total $415,895 Dixon Resources Unlimited I Citywide Parking Study for City of Santa Ana Cost Proposal oil rally signed by Tod Pierson Tori Pierson Data. 2022.011.09 09.3 131 grog• 4coR0� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 7/6/2022 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 Burnham WGB Insurance Solutions CA Insurance License OF69771 15901 Red Hill Avenue Tustin CA 92780 CONTACT NAME: Kadee Crowe PHONE 714-505-7000 FAc No:714-573-1770 aDoa :. karlee w bib.com INSURERS AFFORDING COVERAGE NAIC N INSURER A: Sentinel Insurance Company Ltd INSURED DIXON-1 Dixon Resources Unlimited INSURER B: Hartford Insurance Company 22357 INSURER C: California Auto Insurance Co 38342 Julie Dixon INSURER D: Chubb Group of Insurance Co. 20281 3639 Midway Drive Ste B345 San Diego CA 92110 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1956745443 RFVICION MIIMRFR- 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 TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF (MWDDPrrM POLICY EXP JMMVDDNYYYJLIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IT] OCCUR 72SBAAN5235 121172021 12/172022 EACH OCCURRENCE $2,000,000 DAMAGE T RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL S ADV INJURY $2,000,000 GENT AGGREGATE LIME APPLIES PER: POLICY ❑ PRO- ❑ LOG GENERAL AGGREGATE $4,000,000 PRODUCTS-COMPIOPAGG $4,000,000 $ OTHER: C AUTOMOBILE LIABILITY BA040000036675 9/152021 9/152022 COMBINED SINGLE LIME Ea accident $lo0000 BODILY INJURY (Per person) $ AUTO ALLOWAUTOS NEO AUTOSSCHED HANY BODILY BODILY INJURY (Per accident) $ HIRED AUTOS AUT SWNED N msPERdTNOWOnt DAMAGE $ A X UMBRELLA LIAB X OCCUR 72SBAAN5235 12/172021 12/172022 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ sim min $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN 72WECGI434B 12/17/2021 10170022 X STATUTE STATUTE ER EL EACH ACCIDENT $1,000,000 ANY PROPRIETORJPARTNERIEXECUTIVE ❑NIA BER OFFICERIM(Mandatory E.L. E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory In In NH) Nyes, describe under E.L. DISEASE -POLICY LIMIT $1,000,Mo DESCRIPTION OF OPERATIONS below D Professional Liability D95750114 12/17/2021 12/17/2022 Aggregate Limit $2,000,000 Eatll Claim $2,000,000 Deductible $2,500 DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space Is required) RE: CITYWIDE PARKING STUDY —CONSULTING SERVICES / RFP NO. 22-074 City of Santa Ana its officers, employees, agents. volunteers, and representatives are named as additional insured on the General Liability per attached SS00080405 as required by written contract subject to the terms and conditions of the policy. Primary and Non -Contributory applies on the General Liability per attached SS00080405. 30 day cancellation per the attached. City of Santa Ana Attn.: ZDENEK KEKULA Public Works Agency, M-43 20 Civic Center Plaza; Ross Annex Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE y Ridt Mansgenad Daidge /fQq ' RE+n[vhn6^AfrPRor�Br: IAA -v ,. ry 5 %TC riC1JON n 1988.2014 ACORn C( akxnza„age,ae,me;vlwae ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD v I'll Policy Number: 72SBAAN5235 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the company for non- payment of premium, or by the insured, notice of such cancellation will be provided within ten (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form SS 12 23 06 11 © 2011, The Hartford e'�d�R�n�c � %u Picxeex i� RekManage�rertt ClmralNtle BUSINESS LIABILITY COVERAGE FORM Policy Number: 72SBAAN5235 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers'. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your 'Volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that 'volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above, or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provir' (2) "Property d,fiA ^ Re EwIDi a - (a) Owned ` d( i I; )' 7au Pao Ru4HNna9enint CloiulAitle Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. C. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property, and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. NevNy Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, and Form SS 00 08 04 05 b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to 'mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment, or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft, or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. S. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or c Paragraphs a. throe insureds when you RiAM .g ..dD a� R " &A �a` � Ruk M1faugertm[Clairal Aitle Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, such person organization is an connection with the sale of the at the vendor's premises in additional insured under this in s provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. —Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(referred to damage" arising out of the soles) below as vendor), but only with respect to negligence of the vendor for its "bodily injuryor "property damage" arising own acts or omissions or those of out of 'your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f), or "products -completed operations hazard'. (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, inconnection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such products, This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering into, accompanying or vendor would have in the absence containing such products. of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment, but only (c) Any physical or chemical change with respect to their liability for "bodily "property in the product made intentionally injury", damage" or "personal by the vendor; and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, " Ry,�� �,,,,,, and then repackaged in the ����,�- F &A fnBY original container; tA11htJ Sou paw, Ruxrn.�oe��ummiaae Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises, or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises, or (b) In the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. Form SS 00 08 04 05 e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- oompleted operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard", but only if (I) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard'. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out "- - -- - failure to RhkMo.g,�megl�lor. architecture �nEWED6 AvrgwmBr services, in ,+) 76u P&� RekM na9emme Claiultitle Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. Page 14 of 24 This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. S. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shal'- addition to the Lirr y Ry �,�, ,ate the Declarations an 'n r�nE hvsnrPxwmar 8 %u ;�rcwoa xak M��yemorz um� aae Form SS 00 08 04 05 Policy Number: 72SBAAN5235 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their i such person of R1.kaM" agreement or prior to the inju Page 17 of 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEC GI4348 Endorsement Number: Effective Date: 12/17/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DIXON RESOURCES UNLIMITED 3639 MIDWAY DRIVE STE B345 SAN DIEGO CA 92110 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. 001:l=1 1qM Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 11/07/21 wrwoi� AnEwensnrmw®er. •�'� %u �rte.ar RukfvNnage�mnClai�al Aitle Policy Expuduon U4LU. ILf I fizz IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. Ra�t�.ge„wo�ww, n. REVIswID4Avaeo�Br: '" RUI, Mana9nmaClaigl,lJc IL 02 70 09 12 © Insurance Services Office, Inc., 2012 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (1) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. Role Afo.genv¢oiWJn ? R'+n�6 Arenavm Br:: %au jv&v0 a�x ma„�y e„�,r any �i a ae Page 2 of 4 © Insurance Services Office, Inc., 2012 C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. `+�By - E`nEwEDb Anvrn�,ID Bv: iau f=rcuax "� Ruk NU Umulh Je rw9e„m, IL 02 70 09 12 © Insurance Services Office, Inc., 2012 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph CA. c. If you have obtained replacement coverage, or If the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. s R�neoIDb MrRwmBr: %au Prewar '��" Ruk M1larx�9e,re,tUmr.�INJe Page 4 of 4 © Insurance Services Office, Inc., 2012