CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
INFRASTRUCTURE ARCHITECTS
THIS AGREEMENT is made and entered into this 18TH day of October, 2022 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and INFRASTRUCTURE ARCHITECTS, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide on-call architectural and engineering services in addition to accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated, including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; and
C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a number of sites within the City to comply with all applicable accessibility requirements. Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint; E. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scone of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference, including but not limited to, preparing all design documents free from defects.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter
2.5 of Title 21 of the California Code of Regulations. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant
shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warrantv. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services 2 INFRASTRUCTURE ARCHITECTS
contemplated by this Agreement.
1.7. Deleaation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed One Hundred Fifty Thousand Dollars ($ 150,000.00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.
Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.
2.3. Method of Bi!lino. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.
Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3 3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on October 18, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. One (1) two-year extension is available on Consultant performance and at the discretion of the City. Approval of the term extension is contingent upon City Council review and approval at the conclusion of the initial three-year term.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; 4 INFRASTRUCTURE ARCHITECTS
d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scooe and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
5 INFRASTRUCTURE ARCHITECTS
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.
The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not Tess than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.
If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or 6 INFRASTRUCTURE ARCHITECTS
borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, 7 INFRASTRUCTURE ARCHITECTS
directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT
Infrastructure Architects
3111 N Tustin Ave, Suite 270
Orange, CA 92865
Tel: 714-940-0100
Attn: Ray Abassi
President
IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8132
Attn: Masoud Sepahi
City Engineer
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, 8 INFRASTRUCTURE ARCHITECTS
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.
This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9 Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.
Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.).
Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
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6-15. Responsibility for Errors. Consultant -shall -be -responsible -for -its -work -and -results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Emolovment. Consultant will not employ any regular employee of City while this Agreement is in effect. Furthermore, Consultant will comply with the following:
(a) Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City. (b) E-Verifv. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E - Verify program within fifteen (15) days of the effective date of this Agreement to verify the employment authorization of employees assigned to perform work hereunder. Consultant shall verify employment authorization within three (3) days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at htto:// www.uscis.gov , or access the registration page at httos://e-verifv.uscis oov/enroll Consultant shall certify its registration with E -Verify and provide City its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
11 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. 12 CITY OF PLACENTIA,
A municipal corporation
Damien R. Arrula, City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
rail aloaSSi
Signature
Rav Abassi, President
Name and Title
82-2434824
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
Rosanna Ramirez, Risk Management
APPROVED AS TO CONTENT:
Masoud Sepahi, City Engineer
DEPARTMENTAL APPROVAL
13 Date:
Date:
Date:
Date:
Date:
9/28/2022
INFRASTRUCTURE ARCHITECTS
Luis Estevez, Deputy
ity Administrator
14 Date:
INFRASTRUCTURE ARCHITECTS
Certificate Of Completion
Envelope Id: B378F37EA4FF436A90D62BC42A05DBD9
DocuSign
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Subject: City of Placentia Signature Request: PSA - Architecture, Engineering - Infrastructure Architects.pdf Source Envelope:
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Ray Abassi
ra bassi@ infrastructurea rchitects. com
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Envelope Originator:
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401 E. Chapman Avenue
Placentia, CA 92870
[email protected]
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Electronic Record and Signature Disclosure created on: 9/26/2018 1:17:11 PM Parties agreed to: Ray Abassi
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EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
15 INFRASTRUCTURE ARCHITECTS
A. Letter of Transmittal
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
June 23, 2022
Masoud Sepahi
City Engineer
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Subject: Qualifications for On -Call Architectural & Engineering Design Services Infrastructure Architects (iArch) was founded in California in 2008 as an S Corporaton. iArch is excited to submit our professional architectural and engineering design services proposal in response to the Architectural & Engineering Design Services Request for Qualifications (RFQ) released by the City of Placentia ("City"). iArch has had the distinct pleasure of providing a full range of architectural services to many local municipalities and educational institutions in the Southern California region.
Our proposed architectural team is comprised of talented individuals who have over 150 years of cumulative architectural and engineering design expertise. This experience includes designing a wide variety of public and private development facilities. In addition, we have teamed with exceptional subconsultants who bring decades of experience as well. iArch will utilize two subconsultants for the City's architectural service needs. Get Structural Engineering and Consulting will assist with structural engineering. Get Structural is located in Brea, California and can be contacted via phone at (714) 332-2741. Robert Foster from FDG Consulting Engineers, Inc. will assist with mechanical, electrical, and plumbing engineering. FDG is located in Tustin, California. Mr. Foster can be contacted via phone at (949) 253-9630 or via email at [email protected].
iArch and our subconsultants understand that the City is asking for professional architectural and engineering design services.
I have read, understand, and agree to all statements in this RFP. I agree to all addenda issued. I agree to the terms, conditions, and attachments referenced. After reviewing our qualifications, if you should have any questions, please contact me as Principal -in -Charge, Ray Abassi, at (714) 940-0100, ext. 5050, or by email at [email protected].
Sincerely,
6--A27e0Th
Ray Abassi, MSCE, PE, TE, QSD/QSP
President
ilPage
B. Table of Contents
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
A. Letter of Transmittal i
B. Table of Contents ii
C. Summary Sheet 1
D. Allocation of Resources 12
E. Understanding of Scope of Work 13
F. References 17
G. Certification of Proposals 24
ii1Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
C. Summary Sheet
1. Appendix B
Infrastructure Architects' "Appendix B: Summary Sheet" appears on the following page. 11 Page
APPENDIX B
SUMMARY SHEET
Firm Name: Infrastructure Architects
Firm Parent or Ownership: Ray Abassi
Firm Address: 3111 N. Tustin Ave. Suite 270, Orange, CA 92865 Firm Telephone Number: (714) 940-0100
Firm Fax Number: (714) 940-0700
Number of years in existence: 14
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Ray Abassi Title: President
Telephone Number: (714) 940-0100
Email: [email protected]
Fax: (714) 940-0700
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Mark Dwyer Title: Senior Architect
Telephone Number: (714) 940-0100 Fax: (714) 940-0700
Email:
Types of services provided by the firm:
Architecture
B-29
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
2. Name, Title, Experience, and Qualifications of Personnel Matthew Salek — Senior Job Captain
Education:
• BA, Architecture, AKU
University, Iran.
Years of Experience: 4
documents.
Relevant Experience
Matthew is responsible for various tasks in the development on construction documents. Mathew has over four (4) years of experience and obtained his BA of Architecture from he AKU University in Iran. Matthew is involved in dealing with client's needs, coordination of the project and consultants. He initiates project research for the development of construction
Senior Job Captain, Infrastructure Architects, Orange, CA.
Development in multi -use projects at Magnolia Crossings in Riverside, CA. Development of building design and site planning. Coordination of construction documents for UCI residential housing units. Coordination of City of Bell Gardens ABC Fields Park project.
Architectural Staff Designer, Westberg & White Architects and Planners, City of Tustin, CA.
RUSD and LAUSD school development projects. Coordination of projects with Office of the State Architect in Los Angeles.
Drafter, Sonex Inc., City of Costa Mesa, CA.
Residential project design and coordination of construction documents for various remodels. 3lPage
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
3. Resumes of Management Contact and Project Manager
Raymond Abassi — Principal -in -Charge
Education:
• MS, Transportation,
California State
University, Long Beach
• BS, Civil Engineering,
University of South
Florida, Tampa, FL
Registrations/Certifications:
• Registered Civil
Engineer,
• CA, No. 48091
• Registered Traffic
Engineer, CA, No. 1759
• Registered Civil
Engineer, FL, No. 41797
• Qualified SWPPP
Developer, QSP/D Ca,
No. 41797
Years of Experience: 40
Relevant Experience
Ray Abassi has more than 30 years of professional experience in both civil and traffic engineering design, as well as project management. He has professional certifications in the field, including professional engineer, traffic engineer as well as storm water management. Ray's experience covers all aspects of traffic engineering, including signal design and operation.
Ray has worked on hundreds of street improvement designs involving investigations, studies, design plans and
specifications, construction documents, and quality assurance as well as taking projects through the bid process and
construction management. He has provided construction
oversight associated with infrastructure improvements, such as pavement, drainage, utilities, and onsite water and
wastewater systems. Further traffic experience includes traffic operations and associated design elements including impact studies, traffic circulation, feasibility studies, transportation planning and preparation of the PS&E for traffic safety improvements. In addition, Ray has provided contract City Engineer and City Traffic Engineer services to various cities in Southern California.
Contract City Traffic Engineer, City of Calexico, CA.
Ray was responsible for providing oversight of the widening of Second Street from a two-lane to a six -lane facility. The project's design and construction for Phase 1 were completed on schedule and within the budget with minimal change orders.
Contract City Traffic Engineer, City of Yorba Linda, CA.
Ray was instrumental in reorganizing the traffic department to clear a huge backlog of work, citizens' complaints, and CIP projects. In addition, Ray presented the various traffic items to the Traffic Commission and followed up with projects through implementation and reported back to the City Engineer.
Contract City Traffic Engineer, City of Hermosa Beach, CA.
Ray provided the traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. Ray attended Public Works Commission meetings, providing needed expertise to help the commissioners decide on traffic -related issues.
41 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
Contract City Traffic Engineer, City of La Puente, CA.
Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. Ray attended City Council meetings to provide needed expertise to help Council members and Commissioners decide on traffic -related issues.
Contract City Traffic Engineer, City of Montebello, CA.
Ray provided traffic engineering expertise to help the City implement many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. He would attend the Traffic Safety Commission and the City Council meetings providing needed expertise to help the Council members and Commissioners decide on traffic -related issues.
Contract City Engineer/City Traffic Engineer, City of Maywood, CA.
Ray provided city engineering and city traffic engineering expertise to help the City of Maywood implement CIP projects. Several significant projects were completed while Ray was the City Engineer.
Those projects included American Recovery and Reinvestment Act street improvements, Los Angeles County truck -impacted intersections, County Traffic Signal Synchronization Program projects, and design and construction of the Maywood Aquatic Center and the Maywood Riverfront Park. Ray also implemented many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, and speeding and cut -through traffic. He would attend City Council meetings to provide needed expertise to help the Council members decide on engineering issues.
Contract City Engineer/City Traffic Engineer, City of Bell Gardens, CA.
Ray provided city engineering and city traffic engineering expertise to help the City implement CIP projects. There were several significant projects completed in the City while Ray was the City Engineer.
Ray also implemented many safety improvements, including intersection traffic signal modifications and traffic signal timing. He conducted studies involving neighborhood traffic calming, stop sign warrant analysis, speeding, and cut -through traffic. Ray attended City Council meetings to provide needed expertise to help the Council members decide on engineering issues.
Manager, Various Projects, Engineering Services, City of La Puente, CA.
Ray was a manager supporting City engineering efforts on a multitude of work, including final design PS&E, studies, and plan -check reviews. Design projects included the city hall basement renovation, the city hall freight elevator renovation, traffic signal synchronization of Temple Avenue, street pavement reconstruction and rehabilitation for Temple Avenue (two segments), Nelson Avenue, Francisquito Avenue, Hacienda Boulevard, and Amar Street, and a Project Study Report Equivalent for widening of the Valley Boulevard Bridge. Plan -check services included review, comment, and approval of developer - submitted tract and parcel maps, site grading, drainage, and utility connections.
Project Manager, Various Street Rehabilitation Projects, City of La Puente, CA.
Was responsible for final PS&E documents and construction support for several street rehabilitation projects. Specific work included geotechnical evaluations, detailed field observations, field surveys, 51 Page
D
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
topographic mapping, and final PS&Es for pavement rehabilitation, concrete repairs to curbs, gutters, and sidewalks, bus pads, utility adjustments, restriping, and other related improvements. • Temple Avenue (STPL/Prop C), Orange to Sunset. Approximately 2,000 feet of four -lane arterial.
Selective pavement replacement overlay and concrete improvements. • Amar Road (Prop C), Hacienda to Easterly. Approximately 2,600 feet of four -lane arterial with raised medians. Complete pavement replacement.
• Hacienda Boulevard (STPL), Amar to Maple Grove. Approximately 3,050 feet of four -lane major arterial with raised medians. Selective pavement replacement overlay and concrete improvements.
Manager, Various Projects, Engineering Services, City of Montebello, CA.
Managed supporting City engineering efforts on a variety of work including final design PS&E for street improvements and pavement rehabilitation. Projects included:
• Prop C Street Rehabilitation. Several arterial streets were rehabilitated by various methods based on geotechnical recommendations and available budget. These included areas of slurry seal, milling and overlay, and selective areas of reconstruction. • Wilcox Street Widening. Widened both sides of the existing street from Beverly Boulevard to Lincoln Avenue (approximately 1,700 feet) to accommodate an additional lane in each direction.
This project required the existing parkway to be removed, right-of-way acquisition, numerous utility relocations (on public and private properties), and existing pavement rehabilitation. • Traffic Signal Modifications along Wilcox Street (Beverly Boulevard, Lincoln Avenue, and Westmoreland Street). Three separate signal modifications included relocating existing equipment and upgrading standards and functionality (adding protected left -turns; improving lane storage and designation; and improving phasing).
Project Manager, On -Call Traffic Engineering Services, City of Anaheim, CA.
Ray was responsible for on-call traffic engineering services pertaining to traffic signals in the City of Anaheim. Responsibilities included traffic studies and analyses and the design of signal upgrading and ITS projects.
Project Manager, Baldwin Avenue Reconstruction and California Avenue Reconstruction, City of Baldwin Park, CA.
Ray was the Project Manager responsible for final design PS&E for the reconstruction and widening of two roadways within a residential area. Each was approximately 1,300 feet in length. In addition to plans, specifications, and engineer's construction cost estimate, both projects were located within assessment districts and required the generation of an assessment report and map to apportion assessment fees to owners based upon benefited frontage. Sufficient detail was required within the design to properly identify and assess the numerous modifications required on private property. Close coordination was required with City staff and affected utility companies. 61 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
Mark Dwyer, NCARB — Senior Architect/Senior Project Manager Education:
• BS, Architecture,
California State
Polytechnic University,
Pomona, CA.
Registrations/Certifications:
• California Architects
License C 23283
• National Council of
Architectural
Registration Boards
Years of Experience: 40+
As Senior Project Architect for iArch, Mark is responsible for project design, design development, construction document preparation and coordination, and construction
administration. Mark is the in-house code expert for all aspects of iArch projects regardless of occupancy, and has developed internal courses, checklists, and drawing templates for code analysis. As a certified instructor through the California Architects Board, Mark has also written and taught courses for Accessibility Continuing Education Requirements for license renewal for California State Architecture licensure.
Relevant Experience
Senior Project Manager, Infrastructure Architects,
Orange, CA.
As the Senior Project Manager at iArch, Mark brings over forty years of experience and knowledge to the company. Mark conducts weekly project meetings with iArch team members and managers and leads projects for our client cities. Mark has worked on various types of projects and shares his extensive knowledge with our team.
Project Manager, LPA Inc., City of Irvine, CA.
Projects: Murrieta Healthcare Resort. Skilled Nursing Facility, 63,500 square feet, two story building ($26 million project), Various healthcare projects — construction administration.
Project Manager, Ware Malcomb, City of El Monte, CA.
Projects: Longo Lexus/Toyota Campus remodel — Six buildings, 50,000 square feet, ground -up and tenant improvement construction including the new service pavilion building, site upgrades, landscaping, and multiple existing building renovations ($20 million project), Huntington Beach medical office building — shell only, Hyland's Pharmaceutical manufacturing plant — building retrofit, Porsche Experience driving school facility — construction administration.
Project Manager, Northwest Tower and Central Plant, St. Jude Medical Center. City of Fullerton, CA.
St. Joseph Health System Fullerton, California. 250,000 square feet, four story tower. $300 million construction cost. The tower holds 120 -beds, private and semi -private, across four nursing units; 14 operating rooms, including robotic surgical suites; a pre-op/post-op anesthesia care unit; dining; pharmacy, including robotics; sterile processing; physician and staff lounges; and patient and staff healing gardens. Central Utility Plant. 14,000 square feet.
71 Page
Qualifications for On -Call Architectural & Enjineering Design Services City of Placentia —June 23, 2022
Project Manager, Anderson Medical Pavilion, City of La Jolla, CA.
Scripps Health La Jolla, California, 175,000 square feet, seven story tower. $250 million construction cost.
New construction, outpatient, design -build. The clinic features office and administration space, diagnostic facilities, and roughly 15 medical procedure departments.
Project/Account Manager, J. Alexander's Steak House, Nashville, TN.
Account Manager on 8,000 sq. ft. restaurants for a restaurant chain out of Nashville, Tennessee known as J. Alexander's (Volunteer Capital Corp.). In charge of entire account -client contact, all consultant coordination, scheduling, and construction administration. 81 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
Alex Serafin — Project Manager
Education:
• BA, Art, California State
Fullerton, Fullerton, CA.
Registrations/Certifications:
• Revit 2021 Certificate
Years of Experience: 30
station design.
Relevant Experience
Alex has over 30 years of architectural experience acting on behalf of owners and organizations managing new and
remodel projects from project conception to agency review, construction documentation preparation and construction completion. This expertise was developed while working on project types such as residential, commercial, hospitality, liturgical design, retail, health care facilities, institutional projects (K-12 and higher education). Site planning, and fuel Project Lead, Infrastructure Architects, Orange, CA.
Manages project schedules and staff. Oversees project budgets and project schedules. Leads teams on conceptual designs, design development and interior design.
Associate/Project Manager, Greenberg Farrow Architects, Irvine, CA.
Worked on various commercial projects such Panda Express, Honey Birdette, Home Depot, and a broad range of tenant improvements. Developed construction documents for permitting.
Project Manager, Daniel D. White Architects, Covina, CA.
Project Manager for the institutional branch (church design) from Armando Ruiz and Associates.
Developed construction documents for permitting.
Project Manager, API Consultants, La Jolla, CA.
Institutional (USC campus). Developed construction documents for permitting.
Project Coordinator, KSP Studio, Lake Forest, CA.
Retail projects (Home Depot). Developed construction documents for permitting.
Project Coordinator, Lundstrom & Associates, Irvine, CA.
Project Coordinator/Institutional (USC campus). Developed construction documents for permitting.
Project Manager, Steven Langford Architects, Inc., Irvine, CA.
Project Manager/Project Coordinator for hospitality projects. Developed construction documents for permitting.
Project Manager, Ruhnau Clarke Architects, Riverside, CA.
Project Coordinator/Institutional (USC campus). Developed construction documents for permitting.
Project Manager, Armando Ruiz and Associates, Diamond Bar, CA.
Project Manager and Designer for Commercial, residential, and institutional (church design). Developed construction documents for permitting.
91 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
Project Manager, Greenberg Farrow Architects, Irvine, CA.
Project Coordinator/Project Manager for retail (Home Depot projects). Developed construction documents for permitting.
Project Manager, Henry Woo Architects Inc., Costa Mesa, CA.
Project Manager/Project Coordinator for commercial, governmental, and institutional projects.
Developed construction documents for permitting.
101 Page
4. Organization Chart
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia — June 23, 2022
Raymond Abassi, TE, PE, QSD/QSP, MSCE
Principle -in -Charge
Get Structural
Engineering and
Consulting
Subconsultant
Structural Engineer
Mark Dwyer, NCARB
Senior Architect/Senior Project
Manager
Alex Serafin
Project Manager
1 Matthew Salek
Senior Job Captain
FDG Consulting
Engineers, Inc.
Subconsultant
Mechanical,
Electrical, Plumbing
•
Robert Foster
111Page
D. Allocation of Resources
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
iArch maintains the capabilities to provide a full range of services, from feasibility studies through construction management. The following list provides architectural and engineering design projects for various types of facilities for several cities in the Southern California area. • Design and construction management for the handball court at Riverfront Park, City of Maywood • Schematic design layouts for the lobby and canopy renovation at Rosa Parks Transit Center, City of Lynwood
• Design, construction management and inspection for police department facilities renovation, City of Bell Gardens
• Design, construction management and inspection for City Hall Council Chambers lighting upgrades, City of Bell Gardens
• Design, construction management and inspection for various building roof replacements, City of Bell Gardens
• Design and construction management for HVAC replacement for the Police Department, City of Montebello
• Design of replacement of existing air handler at City Hall West and boiler replacement at the Aquatic Center, City of El Monte
12IPage
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
E. Understanding of Scope of Work
We believe that the fundamental framework for successful delivery of program and project management remains the same; nonetheless, the approach to different projects needs to be dynamic and innovative enough to address the unique characteristic of each project. As such, we do not believe in prescribing generic solutions and products. Our approach to managing projects begins with gaining a thorough understanding of the City's needs, not by making assumptions but through careful study and evaluation of pertinent documents and, more importantly, by carefully listening to the ideas and needs of all stakeholders. Only then do our team members start to devise tailor-made strategies and procedures.
As project task orders are issued, we will begin the design process by following the steps provided in the next section.
Architectural and Associated Engineering Services
The process provided here is an example that was taken from a public works building renovation and associated equipment yard project that our team worked on.
A. Kick-off Meeting
Once team assignments have been made, a kick-off meeting will be held to identify key components to be included in the design. As a part of this process, the project will be reviewed to ensure that all project elements meet the requirements of the funding source. In addition, all current design standards impacting the project, including federal Americans with Disabilities Act (ADA) requirements, will be identified to be included in the project.
iArch team members are accustomed to thinking outside
the box to identify the challenges of the project and
develop and implement innovative design strategies to
create cost efficiencies. All of iArch's projects are
designed to ensure that the impacts to the community
are minimized.
B. Existing Records Review
All available records, including existing improvement
plans, as -built drawings, utility plans, reports
(geotechnical, pavement investigation, EIR, and
hydrology), studies, and other pertinent information within the project limits will be obtained from the City's Records Department and other available sources. The iArch design team will review these records and incorporate them, as appropriate, to prepare its preliminary findings and tentative recommendations.
To obtain immediate response from the utility companies, iArch pays directly for the services as soon as the scope of the work is approved by the City.
131 Page
Qu aIifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
C. Environmental (if required)
iArch's environmental team will review and assess the proposed project by use of the California Environmental Quality Act (CEQA), National Environmental Protection Act (NEPA), and City
environmental guidelines to identify any specific items of environmental concern. The iArch environmental team will discuss the environmental assessment with City project staff and City personnel responsible for environmental matters and policies.
Based on the City's review and determination, the appropriate document will be drafted and submitted at the 30% -level of submittal. Should the City -required document be at the level of an Environmental Impact Report, iArch's environmental team will prepare the necessary document for circulation and will have it certified and adopted by the City.
D. Engineering Surveying (if required)
When appropriate, in preparation for engineering design, surveying will facilitate preparation of design documents. The general approach of survey work would follow the steps as outlined:
Surveying and planimetrics of site features, such as curb and gutter, sidewalks, drive approaches, curb ramps, surface utilities (boxes, vaults, manholes, post, poles, fire hydrant, catch basin, valves), traffic striping, signage, traffic loops, trees, landscaping, street-scaping, surveying monuments, etc.
Cross-sections at 50 -foot plus/minus intervals and additional asphalt grid shots, as required.
Prepare a topographic survey of existing features including right-of-way lines, 1 -foot contours, and all data collected during the field survey.
Locate, survey, record, and re-establish all surveying monuments.
To expedite the project, engineering surveying will begin as soon as possible and in conjunction with utility notification, geotechnical exploration, and any needed right-of-way acquisition. Depending on the size and type of projects, iArch can also use aerial mapping as a part of the land surveying.
E. Utility Research, Notification, and Coordination (if required) All utilities will be delineated on the plans within the sphere of the project. iArch staff will initiate the three-step notification process below early in the design process and will identify early on any conflicts to meeting the City's intended schedule. iArch is aware of typical concerns about any and all possible conflicts impacting project schedules; our team will dedicate itself to making sure there will be no such delays.
First Notice - Utility Information Request. Ask utility companies for location, size, etc., of their facilities within the project limits. This notice is forwarded concurrently with commencement of design.
Second Notice - Prepare to Relocate Notice/Final Utility Notice Form. In the event utilities exist within a proposed project site, iArch will transmit notice and preliminary plans to the affected utility agencies to confirm that their facilities have been shown correctly on the plan. If relocations or adjustments are needed, we will determine the magnitude of the relocation, schedules, and further coordination requirements.
141 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
Third Notice - Notice to Relocate. Prior to project bidding, the project manager will consult with the City about prior rights of any utility company's structure, should there be a need for its relocation. If the City has to pay for relocation or modification of equipment, the item would be communicated to the utility company and a detailed relocation or modification plan will be included in the bid schedule. However, if the utility company will pay for relocation, iArch will transmit the notice and approved project plans to the affected utility agencies, requesting immediate relocation. iArch will provide the utility company name, construction field representative name, and phone number for inclusion on the plans and in the specifications.
In order to expedite the project, the utility notification will begin as soon as possible, concurrently with surveying and right-of-way acquisition.
F. Field Review/Investigation
Our approach to a professional design starts with a full understanding of field conditions. We bring the entire team involved in the project to the site for a field visit and perform a comprehensive field investigation to document and verify existing conditions. This effort will also entail review of drainage characteristics, surface utility features, and other visual constraints within the project area. At the conclusion of this task a comprehensive concept plan report will be compiled, including documented findings and photographs. The intent of this report is to obtain the City's concurrence with proposed improvements before proceeding with the design. Any needed geotechnical investigation will begin during this phase. We will engage a geotechnical engineering subconsultant to work with iArch and City staff to conduct any needed geotechnical investigation and site exploration. Soil and asphalt conditions will be tested and preliminary results will be provided within one business day after drilling and the final report within two weeks after drilling.
G. Conceptual/Schematic Design Phase
iArch will meet with City staff to receive their input on the specifics of the conceptual design. We will then develop a schematic design. The schematic design documents will
incorporate the information gathered through existing
information and site measurements and will represent the scale and relationship of the project components. These documents will be used to determine areas, area relationships, volume, or other units necessary to calculate the project requirements. At a minimum, this will include the following:
1. iArch will prepare, for approval by the City of Placentia, schematic floor plans and other documents that generally illustrate the scale and relationship of project components, indicate plan arrangements, the general scope and character of the project for the new design.
2. In addition, this document will include the following based on the type and scope of project:
• ADA design
• Geotechnical Engineering
• Land Survey
• Life Safety/Code Consulting
• Audio Visual
151 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
• Physical and Electronic Security Design
• Parking Structure Design
• Code Analysis
• Sustainable Site and Building LEED Design Goals
• Commissioning
• All Related Documentation
H. Design Development Phase
Upon the City's approval ofthe schematic design, iArch will update schematic design documents, including estimated project construction costs, and prepare design development documents consisting of drawing and other necessary documents that describe the size and character ofthe interior design, the appropriate engineering for the project and all other systems and components that are appropriate for the building.
Detailed architectural drawings, including floor plans, roof plans, elevations, sections, and schedules (windows, finish, etc.) will be provided at 65% and 90% completion phases. iArch will provide recommendations for furniture, fixture, equipment, and layout.
The design development documents will include:
1. Preparation and further development of drawings and details of significant aspects of the design
2. Outline specifications, including an index and technical sections
3. iArch will conduct a meeting with the City team to review all documents. Meeting with City Council is anticipated during this phase.
1. Construction Documentation Phase
Upon approval of the design development documents by the City, the architect will update all the design development documents and prepare construction documents. These documents will include plans and specifications that in detail set forth the requirements for construction. The construction documents will include drawings, as follows:
1. iArch will provide all drawings and specifications, including but not limited to civil, landscape, architectural, structural, plumbing, HVAC, electrical, an index and construction documents
2. Structural, mechanical, and electrical calculations and energy analysis will be provided
3. Drawings to be sealed by iArch or its contracted engineers
4. iArch will provide general coordination with documents prepared by its engineers or consultants.
Review of such documents prepared by others is only for conformance to iArch contract documents.
5. iArch will lead the City team in submitting construction documents for all permit applications and in obtaining permits.
J. Bidding Phase
With the City's input, iArch will prepare a complete set of bidding documents for public bid. iArch will be responsible for preparing any clarifications or addendums during the bidding process. The City will arrange for distribution of the construction documents to the general contractors during bidding process. The bidding phase will include the following steps:
1. iArch will assist the City in the review and evaluation of the bids, if required.
2. iArch will attend pre-bid conference and site visits with potential bidders, as requested. 161 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
F. References
1. City of Bell Gardens Restroom Building at ABC Fields Scope: Architectural design services to provide location of new restroom building.
Timeline: July 2020 —June 2022
2. City of Bell Gardens Site Improvements and Water Pump Building at Well #1 Scope: Architectural design services to provide new water pump building and water tank.
Timeline: July 2019 — Ongoing
171 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
3. City of Bell Gardens Aquatic Center
Scope: Architectural and landscape design, civil, structural and MEP engineering services for Ford Park Aquatic Center project located in Bell Gardens, CA. Site development and ground -up design for a new aquatics center including pool and associated support buildings. Other site improvements will include landscaping, pedestrian hardscape, utility upgrades, and accessibility improvements to the path of travel and parking lot.
Timeline: December 2019 — February 2020
Contact:
Grissel Chavez, Director of Public Works
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Phone: (562) 806-7770
Email: [email protected]
181 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
City of Baldwin Park
1. Baldwin Park City Hall Renovation - 2nd Floor
Scope: Schematic design of the City Hall second story interior renovations.
Timeline: March 2020 —June 2020
Contact:
Sam Gutierrez, Director of Public Works
City of Baldwin Park
14403 E.. Pacific Avenue
Baldwin Park, CA 91706
Phone: (626) 960-4011 ext. 460
Email_ [email protected]
19 'Page
City of Lynwood
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
1. Lynwood Transit Center Conceptual Plans
Scope: Architectural design services, schematic design layouts for lobby and canopy renovation of Rosa Parks Transit Center.
Timeline: June 2018 — September 2018
Contact:
Ernie Hernandez, City Manager
City of Lynwood
11330 Bullis Road
Lynwood, CA 90262
Phone: (310) 603-0220 ext. -834
Email: [email protected]
Before
After
201 Page
p
0 Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
UCI Campus
1. UCI Campus Bus Parking
Scope: Architectural design services and site improvement at the bus parking location.
Timeline: February 2020—June 2021
2. UCI Campus Rowland Hall Renovation
Scope: Architectural design services of existing interiors along with electrical, mechanical, and plumbing.
Timeline: February 2020 — October 2020
211 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
3. UCI Campus Village Tenant Improvements
Scope: Architectural design services for Campus Village renovation project.
Timeline: February 2020 — June 2021
4. UCI Campus Mesa Tower
Scope: Architectural design services of mail room renovation project.
Timeline: March 2020 —June 2020
1 1
221 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
5. UCI Campus Palo Verde Housing Remodel
Scope: Architectural design services and renovation of existing housing units.
Timeline: 10-05-21— Ongoing
Contact:
Craig Denney, Construction Project Manager
Facilities Management
University of California, Irvine
201 Facilities Management Building
Irvine, CA 92697
Phone: (949) 824-5853
Email: [email protected]
1 1
231 Page
Qualifications for On -Call Architectural & Engineering Design Services City of Placentia —June 23, 2022
G. Certification of Proposals
Appendix C
1:
241 Page
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFQ), dated June 2022, and to be bound by the terms and conditions of the RFQ.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated June 2022.
5. This firm has carefully read and fully understands all of the items contained in Section 7, General Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from June 22, 2022.
Name of Firm: Infrastructure Architects
By:
(Authorized Signature)
Type Name: Ray Abassi
Title: President
Date: June 23, 2022
C-30
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Principal in Charge $238
Civil Engineering/Traffic Engineering
Project Manager
Principal Engineer
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Associate Engineer
Assistant Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Designer
CAD Technician
Engineering Technician
Principal Traffic Engineer
Senior Traffic Engineer
Traffic Engineer
Water/Wastewater/NPDES
Senior Water Engineer
Water Engineer
Program Manager (NPDES)
Inspector(NPDES)
Environmental Scientist
Surveying
Project Manager
Plan Checker
(Subdivision & Survey Document)
Survey Analyst
Survey Crew (2 -man)
Survey Crew
(2 -man, prevailing wages)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Utilities Coordinator
Senior PW Observer/Inspector
Senior PW Observer/Inspector
(prevailing wages)
PW Observer/Inspector
PW Observer/Inspector
(prevailing wages)
$185
$180
$170
$175
$165
$155
$145
$135
$115
$150
$135
$110
$100
$105
$185
$170
$150
$167
$158
$168
$110
$105
$185
$162
$150
$236
$278
$188
$188
$163
$138
$130
$191
$113
$159
Community Development—
Environmental & Planning
Director
Development Services Manager
Project Manager
Planning Manager
Principal Planner
Senior Planner
Associate Planner
Assistant Planner
Planning Technician
CEQAMEPA Specialist
Environmental Specialist
Senior Environmental Planner
Environmental Planner 11
Environmental Planner 1
Environmental Technician
Municipal Engineering Support
Interim City Manager
Assistant/Deputy City Manager
City Engineer
City Traffic Engineer
Deputy City Engineer
Deputy City Traffic Engineer
Plan Check Engineer
Plan Examiner
CIP Manager
Associate Engineer
Engineering Associate
Engineering Assistant
Engineering Technician
Building & Safety
Building Official
Plan Check Engineer
Landscape Plan Checker
Senior Certified Access Specialist
Certified Access Specialist
Plans Examiner
Code Enforcement Manager
Code Enforcement Officer
Senior Building Inspector
Building Inspector
Grading Inspector
Counter Technician
$195
$189
$173
$167
$163
$153
$139
$129
$98
$175
$170
$165
$155
$144
$ 100
$220
$197
$178
$169
$169
$161
$178
$155
$178
$149
$142
$118
$106
$175
$165
$162
$165
$155
$145
$145
$127
$127
$120
$120
$105
141: 111 INFRASTRUCTURE
• ARCHITECTS
Fire Prevention
Fire Marshal $165
Fire Investigator $154
Fire Plans Examiner $143
Senior Fire Inspector $138
Fire Inspector $120
Counter Technician $93
Architectural Services
Director $200
Studio Manager $184
Senior Project Manager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor Compliance Coordinator $105
Administrative & Clerical Services
Organizer/Supervisor
Administrative Assistant $90
Clerk Typist
Other Charges
Delivery $110
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel Cost + 15%
Reimbursements Cost + 15%
$108
$80
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 306D Saturn Street suite 250. Bleu, CA 92821. Ter 1714) 940-1100. Fax; j7141 940.0700 . ,,vww,infrasiructure•engineers,corn
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
16 INFRASTRUCTURE ARCHITECTS
AC RO a0
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
10/3/2022
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 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). { CONTACT
i NAME: Marie Swaney
PHONE
(ATC, No, EA, 626-696-1890
ADDRESS: CertsuesignPronAssuredPartners.com
INSURER(S) AFFORDING COVERAGE
License#t 6003745 INSURER A : Sentinel Insurance Company INSURER e: Aspen Specialty Insurance Company
INSURER C : Trumbull Insurance Company
INSURER D :
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 419428641 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH DOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' POLICY EFF
POLICY NUMBER IMM/DD/YYYYI
PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
INSURED
Infrastructure Architects
714-982-5044
3111 Tustin Ave., Suite 270
Orange CA 92865
FAX
INC. Nal:
INFRARC-01
NAIC
11000
10717
27120
71.1177. TYPE OF INSURANCE
A X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE , X OCCUR
X Contractual Dab
X Xcu Included
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY X PRO-
JECT LOC
OTHER.
A AUTOMOBILE LIABILITY
A
C
ANY AUTO
OWNED
AUTOS ONLY
X HIRED
AUTOS ONLY
X No Ownd Auto
X UMBRELLA LIAB
EXCESS LIAB
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
X OCCUR
CLAIMS -MADE
DED X [ RETENT ON $ In nnn
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRI ETORiPART NER/EXE CUTIV E
OFFICERIMEMBEREXCLUDEG?
(Mandatory in NH)
tI yea, describe under
DESCRIPTION OF OPERATIONS below
Y/N
ADIJL SUBP
INV) WVD
Y Y
72SBWBD0834
Y Y 72SBWBD0834
Y Y 72SBWBD0834
Y 57WEGAFODZT
NIA
B Professional Liability AAAE30009602
POLICY EXP
IMM/DD/YYYY1 I LIMITS
1/1/2022 1/1/2023 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTE JD
PREMlsEs [Ea occu tense) $ 1,000,000
!MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG 1 $ 2,000,000
I$
1/1/2022 1/1/2023 COMBINED SINGLE LIMIT I $ 1,000,000
_(Ea eocjdenn I`
BODILY INJURY (Per person) $
1/1/2022
1/1/2022 1/1/2023
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per eccldenll
1/1/2023 EACH OCCURRENCE
AGGREGATE
$ 5,000,000
$ 5,000,000
X I STATUTE I I EERH
E.L. EACH ACCIDENT $ 1,000,000
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E L. DISEASE - POLICY LIMIT
1/1/2022 1/1/2023 Per claim
Aggregate Limit
$ 1,000,000
$1,000.000
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace is required) Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies. Umbrella Liability policy is a follow -form underlying General Liability/Auto Liability/Employers Liability.
City of Placentia is named as an additional insured as respects general & auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s).
CANCELLATION/CHANGE: 30 day notice will be sent to the certificate holder.
CERTIFICATE HOLDER CANCELLATION 30 Day Notice Will Be Sent to Holder City of Placentia, Deot of Public Works
401 E Chapman Ave
Placentia CA 92870
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
©1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Policy # 72SBWBD0834
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following
BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.
The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -
OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:
The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury',
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.
The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford
Policy # 72SBWBD0834
(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. Newly 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
BUSINESS LIABILITY COVERAGE FORM
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.
5. 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.
6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.
A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.
However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. — Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:
This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
Policy # 72SBWBD0834
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.
Policy # 72SBWBD0834
(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.
BUSINESS LIABILITY COVERAGE FORM
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 -
completed 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 of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
Form SS 00 08 04 05 Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM Policy # 72SBWBD0834
(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
Of lnsurance.
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.
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.
5. 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 shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Policy # 72SBWBD0834 BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.
E. LIABILITY AND MEDICAL EXPENSES
GENERAL CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.
You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to
the extent that 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.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
Policy # 72SBWBD0834
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your wore;
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A.—Coverages.
Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(5)
Policy # 72SBWBD0834
(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
When You Add Others As An
Additional Insured To This
Insurance
(7)
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.
BUSINESS LIABILITY COVERAGE FORM
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 rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
Policy # 72SBWBD0834
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HIRED AUTO AND NON -OWNED AUTO
This endorsement modifies insurance provided under the following:
BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:
A. Amended Coverage:
Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non -owned auto".
B. Paragraph B. EXCLUSIONS is amended as
follows:
1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non -owned
auto".
2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".
3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".
Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".
Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
Form SS 04 38 09 09
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)
Policy # 72SBWBD0834
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".
4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.
C. With respect to "hired auto" and "non -owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:
The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "non -
owned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.
D. With respect to the operation of a "hired auto" and
"non -owned auto", the following additional
conditions apply:
1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.
However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.
in 2. TWO OR MORE COVERAGE FORMS OR
POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.
E. The following definitions are added:
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:
1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),
Policy # 72SBWBD0834
or your "executive officers" or members of
their households.
This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.
2. "Non -owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.
Form SS 04 38 09 09 Page 3 of 3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57WEGAFODZT Endorsement Number:
Effective Date: 01/01/2022 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Infrastructure Architects
3111 Tustin Ave., Suite 270
Orange, CA 92865
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.
SCHEDULE
Person or Organization Job Description
Any person or organization from 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.
v
Authorized Representative
Policy Expiration Date: 01/01/2023