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HomeMy WebLinkAboutKIMLEY-HORN & ASSOCIATES - 2017INSURANCE ON FILE WORK MXY PRCCEED UNTIL INSURANCE EXP N-2017-167 CLERK (COUNCIL DATE:. 24 2017 ® CAW C/� CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 231d day of August, 2017, by and between Kimley-Horn and Associates, Inc., a North Carolina corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "Cit)"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of development entitlement process evaluation services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed twenty-five thousand dollars ($25,000.00) during the term of this Agreement. 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. This Agreement shall commence on the date first written above and terminate after six (6) months, unless terminated earlier in accordance with Section 15 below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 underthis Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000;000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. 2 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, 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 due to negligent acts, omissions or willful misconduct in the performance of this Agreement by the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their 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 the negligent acts, omissions or willful misconduct of the Consultant in the performance of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from the negligent acts, omissions or willful misconduct of the Consultant in the performance of 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 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 the negligent acts, omissions or willful misconduct of the Consultant in the performance of this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 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. 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: and City Manager's Office City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, CA 92702 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax 714- 647-6515 To Consultant: Sheri Vander Dussen, AICP Kimley-Horn and Associates, Inc. 765 The City Drive, Suite 200 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services 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 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. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signature Page Follows} IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA O. H,UIZAR ,001 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City By: RYA Ass RECOMMENDED FOR APPROVAL: ROBERT COR Deputy City Manager CITY OF SANTA ANA NT I J. R Z Interim City anager KIMLEY-HORN AND ASSOCIATES SERINE CIANDELLA Tax ID# EXHIBIT A SCOPE OF SERVICES ATTACHED Kimley>>>Horn August 8, 2017 Cynthia Kurtz interim City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Kurtz: RE: Revised Scope of Services — Review of Development Entitlement Process Thank you for providing feedback on the scope of services dated August 2, 2017. In that document, Klmley-Horn and Associates ("KHA") proposed to evaluate the development entitlement process for the City of Santa Ana. It is our understanding that the intent of this review is to identify ways to streamline the process while ensuring the City can thoroughly review projects for compliance with City standards, policies and expectations. The roles and practices of all departments and agencies involved in the entitlement process will be evaluated. PROJECT APPROACH Based on feedback provided by the City, KHA will undertake the following steps and tasks to understand the current entitlement process and offer recommendations to reduce the amount of time required to process applications while maintaining or improving the quality of review. Context KHA will look at staffing levels over the past seven years, as well as the number and type of development applications submitted during that timeframe. It is assumed that the staffing data and development application records needed to accomplish this task will be provided to us in a summary form by the City. Any indicators or timeframes reported by the City for the entitlement process overtime will be compared, as well as the City's compliance with those indicators or timeframes. 7 8 f ..... y Drive, cite b0 Qra 9e A 92888: Kimley>>> orn 2. Interviews Page 2 KHA will conduct Interviews to understand the current entitlement process. Interviews will be conducted with the following people: • Planning staff: Candida Neal and up to four planners designated by her • Development Review Committee members: One interview with each department/division involved in the entitlement process shall occur. Multiple staff members may attend each interview. • Developers/Consultants: Up to two people who have processed applications recently, designated by the City or selected by KHA from a list of recent applicants. • Planning Commission: One or two members of the Commission will be interviewed, as selected by the City. • Community leaders/activists: Up to two people designated by the City will be interviewed. Interviews will identify the current procedures and timelines employed; how internal issues are resolved; the ability to resolve issues with applicants; public participation; quality of work done; opportunities to improve the process; requirements or processes set forth in the Santa Ana Municipal Code, General Plan and/or policy documents that may negatively affect the entitlement process; and any other issues those interviewed may wish to raise. 3. Review Systems in place to Monitor Progress of Applications through the Review Process Systems may include permit software, project management tools, schedules for actions, etc. The City will provide a document mapping the current entitlement process. This document may be modified by the Consultant to incorporate information gleaned during this process. Following the compilation of this information, recommendations to reduce the time required to process applications and maintain or improve the quality of review shall be prepared. These recommendations will be based on "best practices" employed in N6 The (-111�1IV, fl,i pite i�Q {7 a 15e OF 928 8 . , 7 t4 3S 03U >. tVlmley>Morn Page 3 other agencies, suggestions from stakeholders, and the experience of the consulting team. Proposed changes to the entitlement process will be presented in a format comparable to the map for the existing process so the changes are clear. Timeframes and actions required by the California Environmental Quality Act (CEQA) and the Permit Streamlining Act will be Incorporated Into the recommendations. The consultant shall generate a written report describing the process, findings and recommendations. This report will be presented at one Planning Commission meeting. Sheri Vander Dussen will be the project manager. She will conduct all interviews and prepare the final report. She will be assisted by staff from KHA in research and other tasks. It is anticipated that this evaluation will be completed within six weeks, assuming those individuals participating in the interviews will be available to meet with the consultant within the next three weeks. KHA will complete this evaluation on a time and materials basis, for an amount not to exceed $25,000. Thank you for the opportunity to submit this scope of services. We look forward to working with you to finalize this scope and an agreement for these services. KHA takes great pride in our professional relationship with the City of Santa Ana, and we are very excited about the opportunity to help improve the city's entitlement process, If you have any questions or desire more information, please contact me at 714-705- 3150. Sincerely, Sheri Vander Dussen, AICP 760TieGi�DriVQ,9uikeQOriOrn`e 4A92$ti8 r t 7149391030' EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Kimley-Horn and Associates, Inc. HOURLY RATE SCHEDULE Effective July 1, 2016 through June 30, 2017 TECHNICAL SUPPORT .... ....... ........................... ............ -.3 95.00 - $135.00 SENIOR TECHNICAL SUPPORT .......................................... $115.00 - $185.00 SUPPORT STAFF.. ....... ............ - ........................... I ............. $ 100.00 - $110.00 PROFESSIONAL ......................... ......................................... $ 115.00 - $205.00 SENIOR PROFESSIONAL PRINCIPAL Rates are adjusted on July I of each year to reflect market conditions EXPENSES ...................... $205.00 - $325.00 ......................... $325,00 - $325.00 DIRECT EXPENSE MARK-UP ......................................................... _1 5.00% SUBCONSULTANT MARK-UP .............. ......................... ............. 15.00% OFFICE EXPENSES... ...... ........... .......... ............... ................... ...... 5% In Kimley>»Horn Kimley-Dorn and Associates, Inc. Hourly Rate Schedule Classification Rate Analyst $140-$205 Professional $185 -$230 Senior Professional I $280-$310 Senior Professional II $230-$290 Senior Technical Support $125-$195 Support Staff $75 -$115 Technical Support $70 - $115 Effective through June 30, 2018 Subject to annual adjustment thereafter 765 The Citi Drive, Suite 200, Oi;bi:ge, CA 92 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following; 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 11 Client#: 25320 KIMLHORN ACORDTM CERTIFICATE OF LIABILITY INSURANCE E (MMIDDI DA 8//211201721/2017 YY) 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(les) 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 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 NAME: NTACT Jerry Noyola PHONE 770.552.4225 F"x 866.550.4082 E ALo Ext: AIC, No: ADDRESS: jerry.noyola@greyling.com Alpharetta, GA 30022 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: National Union Fire Ins. Co. 19445 04/01/2018 INSURED INSURER B: Aspen American Insurance Compan 43460 Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 New NHampshire Ins. Co. INSURER C: P 23841 INSURER ❑;Lloyds of London 0$5202 INSURER E: MED EXP (Any one person) $25,000 INSURER F: X ContractualLlab. COVERAGES CERTIFICATE NUMBER: 17.18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 INSR MD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 5268169 04101/2017 04/01/2018 EACH OCCURRENCE $110001000 CLAIMS -MADE (OCCUR PREMISESOEaoccurrDence $500000 MED EXP (Any one person) $25,000 X ContractualLlab. PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY [ ]X JEC ® LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 4489663 4/0112017 041011201 COMBINED SINGLE LIMIT Eaaccldent $1,000,000 BODILY INJURY (Per person) $ AUTO JXANY ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTYAMAGED$ Par accident HIRED AUTOS X NON -OWNED AUTOS B X UMBRELLA LIAR X OCCUR CX005FT17 4/01/2017 04/01/2018 EACH OCCURRENCE AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $O $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY EXCLUDED?ECUTIVE (Mandatory in NH) NIA 015893685 (AOS) 015893686 (CA) 4/0112017 04/01/2017 04/01/2018 04/01/2018 X PTA U E OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000000 If,, describe undo, DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Professional Liab P070831700 04101/2017 04/01/2018 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Entitlement Review Services, Sherry Vander Dussen. The City, its officers, employees, agents & WtILL 142 -CL representatives are named as Additional Insureds with respects to General Liability where required by�II written contract. The above referenced liability policies with the exception of workers compensation & `{_:'�I'� professional liability are primary & non-contributory where required by written contract. Separation of GrI I� 1 Insureds applies to the General Liability Policy. Umbrella Follows Form with respects to General, 0D (See Attached Descriptions) Cit of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City anTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Administrator ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD #S8452241M695961 JNOY1 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 637:1471]" Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Santa Ana, its officers, employees, For All Projects agents & representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 5268169 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO, SCHEDULE Location And Description Of PER THE CONTRACT OR AGREEMENT, Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured Is amended to include as an additional insured the persons) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or In part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included In the "products -completed operations hazard". However: L The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agree- ment, the Insurance afforded to such addi- tional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured, B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insu- rance shown In the Declarations; whichever is less. This endorsement shall not Increase the appli- cable Limits of Insurance shown in the Decla- rations. CO 20 37 04 13 0 Insurance Services Office, Inc„ 2012 Page 1 of 1 0