052124 PW Clean California Maintenance Agreement Amendment Original Agreement Caltrans — City Council - Successor Agency

CITY/COUNTY
City/County

CLEAN CALIFORNIA MAINTENANCE AGREEMENT

WITH THE CITY OF FULLERTON
This CLEAN CALIFORNIA MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the CITY of FULLERTON (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES”.

RECITALS

1. This AGREEMENT will identify the specific maintenance functions STATE requests LOCAL AGENCY to perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’S jurisdictional limits as authorized in Streets and Highways Code Section 130.

2. P
ursuant to the “Clean California Beautification Program of 2021,” the PARTIES desire to identify specific mission- critical maintenance services LOCAL AGENCY will perform on and around STATE right of way situated within LOCAL AGENCY’s jurisdictional limits.

OPERATIVE

PROVISIONS

1. Maintenance Services. LOCAL AGENCY shall perform litter and debris removal at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A. LOCAL AGENCY shall remove and discard litter and debris, including, but not limited to: furniture, appliances, tire casings, bulky and large items, automobile wreckage, auto components, clothing, beverage containers, food packages and garbage.

2. Maintenance Standards. LOCAL AGENCY shall perform all maintenance services in compliance with the provisions of Streets and Highways Code section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.

3. Prior Maintenance Agreements. The PARTIES agree that this AGREEMENT does not supersede the PARTIES’ existing Delegated Maintenance Agreement or other maintenance agreements, if any.

4. Maintenance Areas. . LOCAL AGENCY shall only perform maintenance services in the STATE Right of Way locations described in Exhibit A and listed in Exhibit B.

5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES. STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 12 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.

6. Party Representatives and Notices.

LOCAL AGENCY’s Project Manager is: Raul Godinez
STATE’s DMAC is: Zachary Paul

All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:

LOCAL AGENCY
Attn: Name of Project Manager: Raul Godinez
Address: 303 W Commonwealth Ave
City, Zip: Fullerton, CA 92832

STATE
Attn: Name of DMAC: Zachary Paul
Address: 1750 E. 4th Street
City, Zip: Santa Ana, CA 92705

7. Excluded Maintenance Activities.

7.1 Unsheltered Encampment Relocation. LOCAL AGENCY shall not engage in any activities to relocate any persons experiencing homelessness who are situated within STATE Right of Way. LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s “Interim Guidance on Encampments, Prioritizing and Addressing Encampments on Caltrans- owned Property,” dated July 2021, and as may be amended during the term of this AGREEMENT (Interim Guidance).

7.2 Abandoned Encampments. If LOCAL AGENCY encounters abandoned homeless encampments at or within STATE Right of Way, LOCAL AGENCY shall comply with the processes and procedures set forth in STATE’s Interim Guidance, including but not limited to coordination with STATE and the local California Highway Patrol.

7.3 Hazardous Material Clean up. LOCAL AGENCY shall not engage in any hazardous material clean-up activities. If LOCAL AGENCY encounters any hazardous materials, including but not limited to bloodborne pathogens, biological waste, feces, syringes, needles, sharp objects or unknown substances during maintenance services performed under this AGREEMENT, LOCAL AGENCY shall immediately contact STATE’s District Hazardous Material manager for appropriate action.

7.4 Weed Abatement. LOCAL AGENCY shall not perform any weed abatement, remove overgrown brush, trees, grass and limbs or conduct any spraying, grading, mowing or discing for any maintenance services within STATE Right of Way.

8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section

96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 12 Transportation Art Coordinator before conducting any graffiti removal or remediation. STATE shall pay the cost of LOCAL AGENCY’s graffiti removal based on the square- foot measured area where graffiti is removed (See, Exhibit B).

9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 12 Area Maintenance
Superintendents, Anna Hernandez and Rex McConnell, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. Their email and phone number are [email protected]/(949) 233-7055 and [email protected]/(949) 648-6366. LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum weekly basis. Maintenance services shall be performed between the hours of 6:00 am and 6:00 pm and may be performed on weekends and holidays if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 6:00 am or after 6:00 pm

10. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to State pursuant to the Clean California Beautification Program of 2021have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.

11. Cost Reimbursement
. STATE shall reimburse LOCAL AGENCY for LOCAL
AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT.

11.1 Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such
adjustments must be authorized in writing by the District Director or his/her authorized representative.

11.2 Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this Agreement and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.

12. Billing, Payment and Reporting.

12.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (month/quarter) beginning after the first
(month/quarter) LOCAL AGENCY has performed maintenance
services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30 th.

12.2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s Clean California Program Code: CLEANCADMA;
(b)AGREEMENT number; 12-22-HS005
(c) Date(s) of services;
(d)Location of services;
(e) Number of hours and hourly rates;
(f) Receipts for trash disposal;
(g) Receipts for equipment, materials and supplies; and (h) LOCAL AGENCY’s maintenance services report that includes the information required under section 15 of this AGREEMENT.

STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B.

13. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.

14. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District _12 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to enter or perform any work within STATE right of way not covered by this AGREEMENT.

STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and sub-contractors must apply for and be issued separate encroachment permits before they may enter STATE right of way to perform any maintenance or work under this AGREEMENT.

15. Performance Monitoring. LOCAL AGENCY shall record and report the quantity and description of litter and debris removed and maintenance services performed at each clean-up site and location set forth in Exhibits A and B (Performance Report). This Performance Report shall include dated and executed documents demonstrating the weight and/or amount of litter and debris removed, including disposal receipts from authorized disposal sites and/or landfills. The DMAC may also request that LOCAL AGENCY provide photographs of the sites taken before and after LOCAL AGENCY’s maintenance services are performed.

16. Legal Disposal of Litter Collected. LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.

17. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines. LOCAL AGENCY shall make arrangements through the DMAC if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services.

18. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibits A and B.

19. Legal
Relations and Responsibilities.

19.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.

19.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.

19.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the DMAC within twenty-four (24) hours when any such incident has occurred.

20. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.

Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must be substantially in the form of Exhibit C and identify the AGREEMENT number, and location as depicted in Exhibits A and B. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit C.

Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

21. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act, the allocation of funding by the Clean California State Beautification Program of 2021 as appropriate, and the encumbrance of funding to STATE’s District Office.

22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT for convenience or for cause upon thirty (30) day prior written notice to LOCAL AGENCY. LOCAL AGENCY may terminate this AGREEMENT upon thirty (30) day prior written notice to STATE.

23. Term of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT and shall expire on June 30, 2024, unless terminated or amended.

24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.

25. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

26. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE LOCAL AGENCY OF Fullerton

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
TOKS OMISHAKIN, Director
Dated:
)UHG-XQJ
Mayor
Dated:

INITIATED AND APPROVED: By: Bobi C. Hettick
Dated:

Title: Deputy District Director
Operations & Maintenance
Eric Levitt,
City Manager
Dated:

Lucinda Williams
City Clerk

APPROVED AS TO FORM
Dated:

Baron Bettenhausen,
Attorney
Eric Levitt (Jul 6, 2023 17:08 PDT)
Eric Levitt
07/06/2023
Baron J. Bettenhausen (Jul 7, 2023 12:27 PDT)
Baron J. Bettenhausen
07/07/2023
Fred Jung (Jul 7, 2023 16:57 PDT)
Fred Jung
07/07/2023
07/10/2023
07/11/2023

EXHIBIT A
Route
No.

Location Description of Routing Program Code
I-5/SR91 Magnolia
Ave
Magnolia Ave undercrossing, shoulders CLEANCADMA
SR91 Brookhurst St On-ramps, off-ramps, undercrossing,
shoulders

CLEANCADMA
SR91 Euclid St On-ramps, off-ramps, undercrossing,
shoulders

CLEANCADMA
SR91 Harbor Blvd On-ramps, off-ramps, overcrossings,
shoulders

CLEANCADMA
SR91 Raymond
Ave
On-ramps, off-ramps, undercrossing,
shoulders

CLEANCADMA
SR57 Chapman
Ave
On-ramps, off-ramps, overcrossing,
shoulders

CLEANCADMA
SR57 Nutwood
Ave
On-ramps, off-ramps, undercrossing,
shoulders

CLEANCADMA
SR57 Yorba Linda
Blvd
On-ramps, off-ramps, overcrossing,
shoulders

CLEANCADMA
SR57 Bastanchury
Rd
Undercrossing and shoulders CLEANCADMA
SR57 Rolling Hills
Dr
Undercrossing and shoulders CLEANCADMA
SR57 Associated
Rd
Undercrossing and shoulders CLEANCADMA
SR90/SR57 Imperial
HWY
On-ramps, off-ramps, shoulders CLEANCADMA

ORANGETHORPE AVE

HARBOR BLVD

STATE COLLEGE BLVD

RAYMOND AVE

EUCLID AVE

GILBERT STCOMMONWEALTH AVEMALVERN AVE

BREA BLVDBASTANCHURY RDHARBOR BLVD

BASTANCHURY RDROSECRANS AVEYORBA LINDA BLVD

VALENCIA AVECHAPMAN AVE

PIONEER AVE

EUCLID AVE

BROOKHURST ST

LEMON ST
57 91

IMPERIAL HWY

NUTWOOD AVECAL STATEFULLERTON

BASTANCHURY RD
91 ROLLINGHILLS DRASSOCIATED RD

MAGNOLIA AVE
57 LOCATIONS#CITY ROADCALTRANSCITY OF FULLERTON RIGHT OF WAY EXHIBIT N.T.S

EXHIBIT B

BREAKDOWN & LISTING OF MAINTENANCE TASKS
Route
No.

Location Litter
Disposal
Large
Items
Graffiti
Sq. Ft.

Traffic
Control
Maximum
Authorized
Expenditures
I-5/SR91 Magnolia
Ave
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR91 Brookhurst St LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR91 Euclid St LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR91 Harbor Blvd LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR91 Raymond
Ave
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Chapman
Ave
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Nutwood
Ave
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Yorba Linda
Blvd
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Bastanchury
Rd
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Rolling Hills
Dr
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR57 Associated
Rd
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
SR90/SR57 Imperial
HWY
LOCAL
AGENCY
LOCAL
AGENCY

NA NA ACTUAL
COST
TOTAL MAXIMUM AUTHORIZED EXPENDITURES: $210,500

EXHIBIT C
Evidence of Self-Insurance
[Documentation included in following pages]
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
6/30/2023
(520) 467-6061(520) 571-9667XXXXXXThe Sayler Group, Corp28699 fieldgrass StMenifee, CA 92584 A 1,000,000X70384486206/25/20236/25/202410,0001,000,0002,000,0002,000,000 5,000,000A 70384486486/25/20236/25/20245,000,00010,000
Subject to Policy Terms, Conditions and Exclusions.The City, its elected or appointed officials, officers, employees and volunteers and State of California Department of Transportation, it’s officers, agents and employees are Additional Insured with respects to General Liability per endorsement SB146935 10-19 attached.

City of Fullerton303 W. Commonwealth Ave.Fullerton, CA 92832 THESAYL-01BRITTANYKOCIS
NFP Property & Casualty Services, Inc.6992 East Broadway BoulevardTucson, AZ 85710Dawn [email protected] Insurance Company Limited X XX
XXX
SB146935E
(Ed. 10-19)
BLANKETADDITIONALINSURED– OWNERS,LESSEESOR CONTRACTORS
- WITH PRODUCTSCOMPLETEDOPERATIONSCOVERAGEAND

LIABILITYEXTENSIONENDORSEMENT
This endorsementmodifiesinsuranceprovidedunderthe following:

BUSINESSOWNERSLIABILITYCOVERAGEPART

BUSINESSOWNERSCOMMONPOLICYCONDITIONS

TABLEOF CONTENTS
I. BlanketAdditionalInsured– includingPrimary-Noncontributoryprovision II. LiabilityExtensionCoverages
A. BodilyInjury– ExpandedDefinition
B. BroadKnowledgeof Occurrence
C. Estates,LegalRepresentativesand Spouses
D. FellowEmployeeFirstAid
E. Personaland AdvertisingInjury– Discriminationor Humiliation F. Personaland AdvertisingInjury– BroadenedEviction
G. Waiverof Subrogation– Blanket
H. AdditionalInsured– ExtendedCoverage
I. BLANKETADDITIONALINSUREDPROVISIONS
A. Who Is An Insured is amended to include as an additional insured any person or organizationwhom you are requiredby "writtencontract" to add as an additionalinsuredon the BusinessownersLiabilityCoverageForm.

B. The insuranceprovidedto the additionalinsuredis limitedas follows:

1. The personor organizationis an additionalinsured only with respect to liability for "bodily injury," "property damage," or "personaland advertisinginjury" causedin whole or in part by:
a. Your acts or omissions;or
b. The acts or omissionsof those actingon your behalf
in the performanceof your ongoingoperationsspecifiedin the "writtencontract"; or c. "Your work" that is specified in the written contract but only for "bodily injury" or "property damage" includedin the productscompletedoperationshazard,and only if :
(1) The "writtencontract" requiresyou to providethe additionalinsuredsuch coverage;and (2) This CoveragePart providessuch coverage.

2. Subjectalways to the terms and conditionsof this policy, includingthe limits of insurance,we will not provide such additionalinsuredwith:
a. Coveragebroaderthan requiredby the "writtencontract"; b. A higherlimit of insurancethan requiredby the "writtencontract." SB146935E(Ed. 10-19) Page1 of 4
Copyright,CNA All Rights Reserved.
50020002070384486201994

SB146935E
(Ed. 10-19)
C. The insurance provided to the additional insured does not apply to "bodily Injury," "property damage," or "personaland advertisinginjury" arisingout of:
a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including:
(1) The preparing approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders,changeordersor drawingsand specifications;and (2) Supervisory,inspection,architecturalor engineeringactivities;or b. Any premisesor work for which the additionalinsuredis specificallylisted as an additionalinsuredon another endorsementattachedto this Policy.

D. Notwithstandinganythingto the contraryin the Other Insuranceconditionof the BusinessownersCommonPolicy Conditions, this insurance is excess of all other insurance available to the additional insured, whether on a primary, excess, contingentor any other basis. But if required by the "written contract," this insurance will be primaryand non-contributoryrelativeto insuranceon which the additionalinsuredis a NamedInsured.

E. Under BusinessownersLiabilityConditions, the Duties in the Event of Occurrence,Offense,Claim or Suit conditionis amendedto add the followingadditionalconditionsapplicableto the additionalinsuredis amendedas follows:

An additionalinsuredunderthis endorsementwill as soon as practicable:
a. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance,and of any claim or "suit" that does result;
b. Tender the defense and indemnityof any claim or "suit" to any other insurer or self insurer whose policy or programappliesto all loss we cover underthis Policy;
c. Except as providedin ParagraphB.3. of this endorsement,agree to make available any other insurancethe additionalinsuredhas for a loss we cover underthis Policy;and d. Send us copies of all legal papersreceived,and otherwisecooperatewith us in the investigation,defense,or settlementof the claim or "suit."
We have no duty to defend or indemnifyan additionalinsured under this endorsementuntil we receive from the additionalinsuredwrittennoticeof a claim or "suit." F. UnderLiabilityand MedicalExpenseDefinitions, the followingdefinitionis added:
"Writtencontract" meansa written contractor agreementthat requiresyou to make a person or organizationan additionalinsuredon this policy,providedthe contractor agreement:
a. Is currentlyin effect or becomeseffectiveduringthe term of this policy;and b. Was executedprior to:
(1) The "bodilyinjury" or "propertydamage"; or
(2) The offensethat causedthe "personaland advertisinginjury"; for which the additionalinsuredseeks coverage.

II. LIABILITYEXTENSIONCOVERAGES
It is understoodand agreed that this endorsementamends the BusinessownersLiability Coverage Form. If any other endorsementattached to this policy amends any provision also amendedby this endorsement,then that other endorsementcontrolswith respectto such provision,and the changesmadeby this endorsementto such provisiondo not apply.

A. BodilyInjury– ExpandedDefinition
UnderLiabilityand MedicalExpensesDefinitions, the definitionof "BodilyInjury" is deletedand replacedwith the following:

SB146935E
(Ed. 10-19)
"Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,mentalanguishor mentalinjury by that personat any time which results as a consequenceof the physical injury,sicknessor disease.

B. BroadKnowledgeof Occurrence
Under BusinessownersLiability Conditions, the condition entitled Duties In The Event of Occurrence, Offense,Claimor Suit is amendedto add the following:

Paragraphsa. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is knownto:
(1) You or any additionalinsuredthat is an individual;
(2) Any partner,if you or an additionalinsuredis a partnership; (3) Any manager,if you or an additionalinsuredis a limitedliabilitycompany; (4) Any "executiveofficer" or insurancemanager,if you or an additionalinsuredis a corporation; (5) Any trustee,if you or an additionalinsuredis a trust; or (6) Any electedor appointedofficial,if you or an additionalinsuredis a politicalsubdivisionor public entity.

This paragraphe. appliesseparatelyto you and any additionalinsured.

C. Estates,LegalRepresentativeand Spouses
The estates, heirs, legal representativesand spouses of any natural person insured shall also be insured under this policy;provided,however,coverageis affordedto such estates,heirs, legal representativesand spousesonly for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferredfrom such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representativeor spouseoutsidethe scope of such person'scapacityas such, providedhoweverthat the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership NamedInsuredsare insuredswith respectto such spouses'acts, errorsor omissionsin the conductof the Named Insured'sbusiness.

D. FellowEmployeeFirstAid Coverage
In the sectionentitledWhoIs An Insured, paragraph2.a.1.is amendedto add the following:

The limitations described in subparagraphs2.a.1.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providingcardiopulmonaryresuscitationor other first aid services to a co-"employee" or "volunteerworker" that becomesnecessarywhile your "employee" is performingduties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professionalhealth care servicesor healthexaminations.

E. Personaland AdvertisingInjury– Discriminationor Humiliation

1. Under Liability and Medical ExpensesDefinitions, the definition of "Personaland advertisinginjury" is amendedto add the following:
h. Discriminationor humiliationthat resultsin injury to the feelingsor reputationof a naturalperson,but only if such discriminationor humiliationis:
(1) Not done intentionallyby or at the directionof:
(a) The insured;or
(b) Any "executiveofficer," director,stockholder,partner,memberor manager(if you are a limited liabilitycompany)of the insured;and
(2) Not directly or indirectly related to the employment,prospective employment,past employmentor terminationof employmentof any personor personby any insured.

SB146935E
(Ed. 10-19)

2. Under B. Exclusions,1. Applicableto BusinessLiabilityCoverage, the exclusion entitled Personaland Advertisinginjuryis amendedto add the followingadditionalexclusions:
(15)DiscriminationRelatingto Room,Dwellingor Premises
Causedby discriminationdirectlyor indirectlyrelatedto the sale, rental,lease or sub-leaseor prospective sale, rental,lease or sub-leaseof any room,dwellingor premisesby or at the directionof any insured. (16)EmploymentRelatedDiscrimination
Discriminationor humiliation directly or indirectly related to the employment, prospective employment, past employmentor terminationof employmentof any personby any insured. (17)Finesor Penalties
Fines or penaltieslevied or imposedby a governmentalentity becauseof discrimination.

3. This provision (Personal and Advertising Injury – Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement.

F. Personaland AdvertisingInjury- BroadenedEviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is amendedto deleteParagraphc. and replaceit with the following:
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premisesthat a person or organizationoccupiescommittedby or on behalf of its owner, landlord or lessor.

G. Waiverof Subrogation– Blanket
We waive any right of recoverywe may have against:

1. Any personor organizationwith whomyou have a writtencontractthat requiressuch a waiver.

H. AdditionalInsured– ExtendedCoverage
Whenan additionalinsuredis addedby this or any other endorsementattachedto this CoveragePart, the section entitledWhoIs An Insuredis amendedto make the followingnaturalpersonsinsureds:

If the additionalinsuredis:

1. An individual,then his or her spouseis an insured;

2. A partnershipor joint venture,then its partners,membersand their spousesare insureds;

3. A limitedliabilitycompany,then its membersand managersare insureds;

4. An organizationother than a partnership,joint ventureor limited liability company,then its executiveofficers, directorsand shareholdersare insureds;or

5. Any type of entity,then its employeesare insureds;
but only with respectto locationsand operationscoveredby the additionalinsuredendorsement'sprovisions,and only with respectto their respectiveroles within their organizations. Furthermore,employeesof additional insuredsare not insuredswith respectto liabilityarisingout of:
(1) "Bodily injury" or "personaland advertisinginjury" to any fellow employeeor to any natural person listed in paragraphs1. through4. above;
(2) "Propertydamage" to propertyowned,occupiedor used by their employeror by any fellow employee;or (3) Providingor failing to provideprofessionalhealthcare services.

All other termsand conditionsof the Policyremainunchanged.

Fullerton/Caltrans Clean California Maintenance
Agreement
Final Audit Report 2023-07-11
Created: 2023-07-03
By: Eric Corona ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAANfJv3XPIKtQ0eT6O1PgJ3bbrE8i-t_u "Fullerton/Caltrans Clean California Maintenance Agreement" Hi story
Document created by Eric Corona ([email protected])
2023-07-03 - 8:49:32 PM GMT
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City Council - Successor Agency - Housing AuthorityMay 21, 2024

City Council - Successor Agency - Housing Authority
May 21, 2024