CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
RHA LANDSCAPE ARCHITECTS PLANNERS, INC
THIS AGREEMENT is made and entered into this 23 day of January, 2034 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and RHA LANDSCAPE ARCHITECTS PLANNERS, INC, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to Design a Dog Park in the City of Placentia, Phase 1 35% 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; 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, 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. Scope 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.
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. 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.
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. Warranty. 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 contemplated by this Agreement.
1.7. Delegation 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 independantly 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 2 RHA Landscpe Architects Planners, INC
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 Eighty Thousand Dollars ($ 80,000.00).
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. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. 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.
3.0. 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 3 RHA Landscpe Architects Planners, INC
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 5 months, ending on June 30, 2024, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
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; 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 4 RHA Landscpe Architects Planners, INC
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 Scope 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 spedified 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.
(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 5 RHA Landscpe Architects Planners, INC
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 less 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:
(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 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."
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(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 endoresements 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, 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. Proiect 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 7 RHA Landscpe Architects Planners, INC
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: IF TO CITY:
RHA Landscape Architects -
Planners, INC
6800 Indiana Ave. Suite 245
Riverside, CA 92506
Tel: 951-781-1930
Fax: 951-686-8091
Attn: Doug Grove
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8232
Fax: 714-961-0283
Attn: Madelinne Villapando
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, 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 apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and 8 RHA Landscpe Architects Planners, INC
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.
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 9 RHA Landscpe Architects Planners, INC
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.
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 Employment. 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 10 RHA Landscpe Architects Planners, INC
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 http://www.uscis.gov , or access the registration page at https://e-verifv.uscis.gov/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.
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.
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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. Severability. 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.
CITY OF PLACENTIA,
A municipal corporation
[Mayor]
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
12 Date:
RHA Landscpe Architects Planners, INC
CONSULTANT
V OLAI a'bv-t, Date: 1/17/2024
Signature
Doug Grove
Name and Title
33-0092783
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO INSURANCE:
Risk Management
APPROVED AS TO CONTENT:
Project Manager
DEPARTMENTAL APPROVAL
Date:
Date:
Date:
Date:
Karen Crocker, Director of Community Services
13 RHA Landscpe Architects Planners, INC
EXHIBIT A
CONSULTANT'S PROPOSAL
14 RHA Landscpe Architects Planners, INC
City of Placentia
Professional Architectural and Engineering and Design Services Placentia Dog Park
Bid No. CS -23-02
Presented to:
RHA Landscape Architects -Planners, Inc.
6800 Indiana Avenue
Suite 245
Riverside, CA 9250
951-781-1930
www.rhala.com i
LANDSCAPEliQUA
ARCHITECTS
PLANNERS, INC.
Placentia Dog Park Architecture & Engineering Design Services City of Placentia
City of Placentia
Att: Maddie Villapando, Management Analyst
401 E Chapman Avenue
Placentia, California 92870
RE: Professional Architectural and Engineering Design Services Placentia Dog Park
Bid No. CS -23-02
October 31, 2023
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
RHA Landscape Architects -Planners, Inc. is very pleased to submit this Proposal to the City Placentia for Architecture and Engineering Design Services for the Placentia Dog Park Project.
We will provide all of the landscape architecture and engineering services required by the city and we have reviewed and understand all elements of the Placentia Dog Park project. RHA Landscape Architecture is eager and willing to enter into a contract under the terms and conditions prescribed by the RFP and in the sample agreement. This proposal will remain valid for not less than 120 Days.
RHA is are currently working with the City of Placentia on the La Placita Parquette project and have completed or are currently working on the PAWS-adena dog park for South Pasadena, the Yorba Park Dog Park for City of Orange, a new Dog park for City of Monrovia, the Essig Dog Park in the Town of Yucca Valley and the Carlson Bark Park on the City of Riverside.
Established in 1979, RHA is a California corporation, with offices in the City of Riverside since 1980 and currently licensed to practice in the State of California. RHA offers a wide range of landscape architectural and planning services to assist public agencies in development of a variety of large public spaces such as parks, recreation areas, specialty play area design, including dog parks. RHA is dedicated to the concept of a thorough environmental design process, and we are motivated toward providing personal service. RHA has over 39 years of experience in Riverside under our legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. RHA has not filed for bankruptcy under any business name, ever.
Notable RHA projects in the greater Inland Empire include: the California Citrus State Historic Park, the California Speedway [AAA Speedway], the Pechanga Hotel, Casino and Entertainment Center, the Riverside Old City Hall redevelopment, the Mission Inn redevelopment, the Redlands Orange Blossom Trail, Reid Park, Janet Goeske Senior Center, the US Bankruptcy Court & US District Court in Riverside, Riverside County Superior Court, Riverside Municipal Auditorium, White Park, Orange Terrace Community Park, Mission Blvd. Revitalization, Orange Terrace Parkway, Inland Empire Blvd. & Haven Avenue in Ontario, University Avenue Phase III and Victoria Avenue Beautification and trails.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Cover Letter and Introdiction
1 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Key personnel of RHA hold appropriate licenses for the discipline of Landscape Architecture and for the Services on the date this proposal is submitted. The primary point of contact for services provided by RHA is Doug Grove, RLA, LEED, supported by Greg Meek, RLA, David Black, RLA, and Lauren McHugh, RLA ... all licensed landscape architects of the State of California and experienced in the landscape architecture. RHA is registered with the Department of Industrial Relations, #1000038360.
The management and primary contacts with the city from our office will be Doug Grove, RLA, LEED AP and Greg Meek RLA, CPSC. Both Doug and Greg are licensed Landscape Architects who are extremely experienced in park design and construction. Greg will be the single point of contact during the RFQ review process.
Doug Grove, email [email protected] Telephone (951) 781- 1930 ex 121 Greg Meek, email [email protected] Telephone (951) 781- 1930 ex 122 RHA is unequivocally committed to deliver a high quality project on time, within budget, and in a professional and competent manner.
WITH THE RHA TEAM YOU GET...
• One of California's leading landscape architecture, planning and design firms • LEED certified design firm focused on sustainable "green" design • Experienced streetscape, park design and urban renewal firm • Experienced working relationship with public agencies • A business located in the City of Riverside within minutes Placentia • A high degree of understanding and 37 years of experience. • Highly experienced, senior level personnel to serve in all key roles for RHA • A solid reputation for the production of technically outstanding documents • A strong Quality Control program
Thank you for the opportunity to submit this Proposal. We enthusiastically look forward to an opportunity to present our team members and qualifications in person and to respond to any questions you may have.
Sincerely,
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Doug Grove, RLA, LEED® AP
President
951-781-1930 ext 121
951-686-8091 FAX [email protected]
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Cover Letter and Introdiction
2 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
Executive Summary
RE: City of Placentia Dog Park
Established and Experienced
Established in 1979, RHA Landscape Architects -Planners, Inc. offers a wide range of landscape architectural and planning services to assist public agencies. Doug Grove and Greg Meek will be the points contact for the City of Chino. Doug and Greg's combined landscape Architecture experience is over 70 years. Through our On- call contract with the City of El Cajon, Doug already knows many of the city staff. Greg has work for three different public agencies during his career and has an understanding of City policies and community development goals and public works procedures. Our staff of seven (7) persons includes four (4) licensed landscape architects as well as support designers is the optimal size to provide personalized service and be highly productive.
We are currently working with the City of Placentia on the La Placita Parquette project and have completed or are currently working on dog parks for South Pasadena, the City of Orange, the City of Monrovia, the town of Yucca Valley and the City of Riverside.
October 31, 2023
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
Team Approach
RHA is headed by two principals: Doug Grove, RLA, LEED AP the firm's president and Greg Meek, RLA. We use a "team" approach under the direction of the firm's principals and its associates.
We also provide services in a way that feel like we are part of you staff. We are available by phone, cell phone, email, and can even do a Zoom meeting at a moments notice. With the development of new technologies created and practiced during Covid, communication has never been better!
Consultant Team
RHA has a strong consultant team that we have worked closely with on hundreds of projects and feel like staff. Our consultant team include:
DAVID BECKWITH ASSOCIATES INC.— Civil Design, Land Surveying and Mapping- PE, QSD, QSP JCA ENGINEERING INC. — Electrical Engineering& Consulting ULTRA SYSTEMS ENVIRONMENTAL— Environmental Consulting
GEOCON WEST, INC- Geotechnical Engineering
Depth of Public Agency Experience
RHA has been providing professional landscape Architectural and planning services for cities, counties, school districts, college districts, and other public agencies for over 35 years. RHA RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Executive Summary
3 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
provides master planning and design for sports parks, community parks, neighborhood parks, pocket parks, trails, streetscapes, Head start facilities, K12 schools, college campuses and almost all other types of public and private facilities.
Knowledge of Applicable Codes
RHA's successful background providing services to the City of El Cajon reflects our incisive working knowledge of all applicable local, state, and national building codes, standards and regulations. This includes uniform building codes, state administrative codes, etc.
Best Choice
RHA is the best firm for you landscape architectural needs because of our vast experience doing projects for public agency and dog park work. We will feel like an extension of you staff and make ourselves available by phone, cell phone, email, zoom during all working hours and often more.
We provide personal attention and our goal is to make the employees of Placentia look good. We enjoy what we do and are good at it! We look forward to this opportunity to provide landscape architectural services to the City of Placentia.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Executive Summary
4 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
TABLE OF CONTENTS
Cover Letter 1
Executive Summary 3
Project Team Organization 6
Experiences 11
Project Understanding and Approach 15
Scope of Work 19
Schedule 27
Required Statements 28
Resource Allocation and Cost Proposal
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Table of Contents 5
Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
COMPANY PERSONNEL
RHA is headed by two principals, Doug Grove, RLA, LEED AP the firm's president, and Greg Meek, RLA, principal. We use a "team" approach under the direction of the firm's principals and its associates. RHA is located in the City of Riverside with a staff of 7 persons that includes 4 licensed landscape architects and one LEED Accredited Professional.
The RHA organizational system utilizes a team approach. Under principal management, our project assignments are organized into teams of professionals, with each team led by a principal. RHA maintains a ratio of one licensed landscape architect per each designer.
RHA STAFF
Doug Grove, RLA
Greg Meek, RLA
David Black, RLA
Lauren McHugh, RLA
Jennifer Salazar
Andrew Lytle
Arielle Talley
President/Landscape Architect/LEED AP
Principal/Landscape Architect
Project Manager/Landscape Architect
Project Manager/Landscape Architect
Project Manager/Landscape Designer
Landscape Designer
Landscape Designer
All projects with the County will be managed by Greg Meek, Principal, and Landscape Architect. He will be assisted by one of the project managers listed above as needed, depending on the type and timing of the specific project.
Resumes of Doug Grove, Greg Meek, have been included in this Statement of Qualifications. • Doug Grove
• Greg Meek
• David Black
• Lauren McHugh
(951) 781-1930 ext. 121
(951) 781-1930 ext. 122
(951) 781-1930 ext. 120
(951) 781-1930 ext. 125
[email protected]
[email protected]
[email protected]
[email protected]
Also included in the resumes is an extensive list of project experience on relevant public works projects.
Staff Availability
All of our Staff are available to work on and assist with the Kabian Memorial Park Improvement Project.
Our current work load allows for additional new project and we have the ability to add additional employees to work on other projects if needed.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Personnel
6 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Project Team Organizational Chart
Doug Grove
President
Landscape Architect
LEED AP
Jennifer Salazar
Project Manager
Landscape Designer
Aerille Talley
Landscape Designer
Sub Consultant Information
Lauren McHugh
Project Manager
Landscape Architect
Greg Meek
Principal
Landscape Architect
David Black
Project Manager
Landscape Architect
Andrew Lytle
_ Project Captain
Landscape Designer
DAVID BECKWITH ASSOCIATES INC.— Civil Design, Land Surveying and Mapping- PE, QSD, QSP 9431 Haven Avenue Suite 232
Rancho Cucamonga, CA 91730
714.349.7007 (T)
GEOCON WEST, INC- Geotechnical Engineering
41571 Corning Place, Suite 101
Murrieta, CA 92562
951-304-2300 (T)
JCA ENGINEERING INC. — Electrical Engineering& Consulting 8048 Palm Avenue
Highland, CA 92346
909-864-0223 (T)
ULTRA SYSTEMS ENVIRONMENTAL — Environmental Consulting
16431 Scientific Way
Irvine, CA 92618
940-788-4900 (T)
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Personnel
7 KEY PERSONNEL RESUMES — Doug Grove
Doug Grove, RLA, ASLA, LEED® AP
President
Education:
BS/1985/Landscape Architecture/
Cal State Polytechnic University, Pomona
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
Active Registration:
1987/Landscape Architect/2799/State of California
LEED Accredited Professional — United States Green Building Council (USGBC) Mr. Grove is President, Principal Landscape Architect, and LEED Accredited Professional with RHA Landscape Architects - Planners, Inc. He graduated from California State Polytechnic University, Pomona in 1985 and holds a Bachelor of Science degree in Landscape Architecture. A professional Landscape Architect for over 38 years, his wide range of experience in the public works sector includes in the design and project management of hundreds of park projects as well as housing development, streetscape, institutional and commercial projects.
Mr. Grove has established his ability to work efficiently and professionally throughout all aspects of project development.
His extensive experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating public meetings, design development, and approval on numerous public works and parks projects as well as following through with obtaining all other necessary approvals needed for final drawing and project completion.
Mr. Grove serves on the California Park and Recreation Society (CPRS) State Board of Directors as the President. He also serves on the Board of Directors for the California Turf and Landscape Foundation at the University of California, Riverside and the Building Industry Association (BIA) Riverside County as Secretary. He is a past President of the CPRS State Development and Operations Section and a past Board Member for the United States Green Building Council — Inland Empire (USGBC-IE).
Representative projects include (partial list):
Park and Recreation Needs Assessments
• Benicia Parks, Trails, and Open Space Master Plan
• Chino Parks and Facilities Master Plan
• Carlsbad Parks and Recreation Master Plan
Neighborhood Parks
• Chino Rancho Park, City of Chino
• Lucinda Garcia Park, City of Monrovia
• Dolphin Park Inclusive Playground, City of Carson
Historical Parks
• Chino Old Schoolhouse Museum, City of Chino
• Aliso Viejo Ranch, City of Aliso Viejo
Community and Sports Parks
• La Palma Park, City of Anaheim
• Torrance Park, City of Torrance
• Yorba Park, City of Orange
• Oak Park Sports Fields, Pleasant Hill Recreation & Parks District RHA LANDSCAPE ARCHITECTS - PLANNE1S, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 — (951)781-1930 — (951) 686-8091— www.rhala.com
KEY PERSONNEL RESUMES — Greg Meek
GREG MEEK, RLA
PRINCIPAL
EDUCATION:
BA/LANDSCAPE ARCHITECTURE/TEXAS A&M UNIVERSITY
Performance Leadership — DunkinWorks 2016
Resolve - Negotiations training — Agreement Dynamics Inc. 2017 ACTIVE REGISTRATION:
Landscape Architect/2484/State of California
Certified Playground Safety Inspector (CPSI)
LANDSCAPE
ARCHITECTS
PLANNERS, INC.
Mr. Meek is a Principal Landscape Architect with RHA Landscape Architects -Planners, Inc. He graduated from Texas A&M and holds a Bachelor of Arts degree in Landscape Architecture. A professional Landscape Architect for over 36 years, his wide range of experience in the public works sector includes 3 years as the Senior Landscape Architect for the City of San Jose, the tenth largest city in the United States and 10 years of experience as a park development coordinator for various cities in California. He has been responsible for managing Park Dwelling and Park Impact fees, preparing and monitoring agency capital budgets, planning and managing agency capital improvement program, developing requests for services, agreements, and contracts, negotiating fees for services, preparing contracts, and managing staff and contractors.
Mr. Meek's experience in the private sector has included business development, client and project management, preparing budgets and cost estimates as well as the design of sports parks, neighborhood parks, schools, and streetscape projects. He has also provided consultant plan checking services for the cities of Jurupa Valley, Rialto, Diamond Bar and Palm Desert as well as in his capacity as landscape architect at the cities of Fullerton, San Jose, and San Mateo.
Representative projects include (partial list):
• Rialto Landscape Plan Checking Services, City of Rialto, California • Elysian Park Inclusive Play Area and Splash Pad Los Angeles, California • Lucinda Garcia Park Monrovia, California
• Marine Park Inclusive Play Area Santa Monica, California • Lee Owens Park Expansion and Renovation, City of Whittier, California • Dolphin Park Inclusive Playground, City of Carson, California • Acacia Park Renovation and Play Areas, City of El Segundo, California • Washington Park Play Area, City of El Segundo, California • Jurupa Valley Planning Department Plan Checking, City of Jurupa Valley, California • Hayward Square Park, City of San Mateo, California
• Beresford Park, City of San Mateo, California
• Martin Luther King Park, City of San Mateo, California • Poplar Creek Golf Course club House Landscape Renovation, City of San Mateo, California • Lake Cunningham Bike Park/ Extreme Sports Park, San Jose, California • Grand Terrace Fitness Park, Grand Terrace, California • Bagdouma Park Renovation Project, City of Coachella, California • Dateland Park Renovation Project, City of Coachella, California • Casmalia and Alder Street Beautification Project, Rialto, California • Terra Bella Specific Plan Landscape Design Guidelines, French Valley California RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
6800 Indiana Avenue, Suite 245, Riverside, California 92506 — (951)781-1930 — (951) 686-8091— www.rhala.com 9 KEY PERSONNEL RESUMES — David Black
David Black, RLA
Project Manager
Education:
BS/1999/LANDSCAPE ARCHITECTURE/
CAL STATE POLYTECHNIC UNIVERSITY, POMONA
Active Registration:
2009/Landscape Architect/5509/State of California
Contractor License CA #789824(C27)
Mr. Black is a Project Manager and Licensed Landscape Architect with RHA Landscape Architects -Planners, Inc. He graduated from California State Polytechnic University, Pomona, and holds a Bachelor of Science degree in Landscape Architecture. He has more than 24 years of landscape design and construction experience and specializes in irrigation design for all projects at RHA. As a professional Landscape Architect, Mr. Black has established his ability to work efficiently and professionally throughout all aspects of project development. His experience has included management and design of projects from preliminary phases to construction documents, and coordination and observation of project installation. He has been responsible for coordinating meetings with clients and governing agencies, overseeing project budget preparation, design development and approval on numerous projects as well as following through with obtaining all other necessary approvals needed for final drawing completion.
Representative projects include:
Neighborhood Parks
• Dolphin Park Inclusive Playground, City of Carson
• Shadow Mountain Park Inclusive Playground, City of Moreno Valley • Moreno Valley Community Park Skatepark, City of Moreno Valley • Lancaster Skatepark, City of Lancaster
• Lee Owens Park, City of Whittier
• Acacia and Washington Parks , City of El Segundo
• Monte Vista Park, City of Chino
• Concourse & Mountain View Parks, City of Lake Forest
• Rimgate & Tamarisk Parks, City of Lake Forest
• Stagecoach Park, City of Corona
• San Antonio Park, City of Upland
• Jameson Park, City of Corona
• Pikes Peak Park, City of Norco
Community and Sports Parks
• Yorba Park, City of Orange
• Columbia Park, City of Torrance
• Fergusson Park, City of Rialto
• Rancho Jurupa Regional Sports Complex (synthetic turf), County of Riverside • Rancho Jurupa Park — RV Park, Water Play & Miniature Golf, County of Riverside • Moreno Valley Community Park — Soccer Field Renovations (synthetic turf), City of Moreno Valley RHA LANDSCAPE ARCHITECTS - PLANNERS, INfp
6800 Indiana Avenue, Suite 245, Riverside, California 92506 — (951)781-1930 — (951) 686-8091— www.rhala.com
Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
South PAWS-adena Dog Park
RHA worked with the City of South Pasadena to develop a concept plan for their dog park. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.
Client:
Contact:
City of South Pasadena
Sheila Pautsch, Community Services Director - (626) 403-7362 [email protected]
Estimated Construction Cost: $500,000
Doug Grove
Principal -in -Charge:
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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Dog Park Qualifications
11 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Yorba Park Dog Park
RHA worked with the City of Orange to develop a concept plan and construction documents for their dog park. Unique to this design was a large dog park big enough so that the city can open and close each section so the turf has time to recover. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.
Client: City of Orange
Contact: Nathan Bluhm, Senior Project/Landscape Coordinator - (714) 532-6491 [email protected]
Estimated Construction Cost: $725,000
Doug Grove
Principal -in -Charge:
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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Dog Park Qualifications
12 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
RRR 6.a.OU.o
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Monrovia Dog Park
RHA worked with the City of Monrovia to develop a concept plan for their dog park. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.
Client: City of Monrovia
Contact: Tina Cherry, Community Services Director - (626) 256-8226 [email protected]
Estimated Construction Cost: $650,000
Principal -in -Charge: Doug Grove
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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Dog Park Qualifications
13 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Essig Dog Park
RHA worked with the Town of Yucca Valley to develop a concept plan and construction documents for South Side Community Park with includes a dog park as shown in the red circle below. A community meeting was held to discuss what the community would like to see in the park including surfacing type, shade, furniture, fencing, etc.
Client:
Contact:
Town of Yucca Valley
Shane Stueckle, Deputy Town Manager - (760) 369-1265 Ext. 305 [email protected]
Estimated Construction Cost: $685,000
Doug Grove
Principal -in -Charge:
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RHA LANDSCAPE ARCHITECTS - PLANNERS, INC.
Dog Park Qualifications
14 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
Project Understanding & Approach - Dog Park Experience
We have all seen how excited dogs get while allowed to run and play with other dogs. This can be a real problem if the park is not designed properly. Exercise equipment, trees, benches, and boulders can be life threatening to a distracted dog running fast with other dogs. Speaking with several cities who operate existing dog parks and while designing new dog parks for other cities, we have developed strategies for creating interesting and exciting parks for both the dogs and their owners that are safe, functional, and maintainable.
Design Opportunities
• Dog safety is one of our top priorities, so we will speak with local veterinarians in Glendale and determine the most
frequent injuries they see from dogs using dog parks. We want to ask the vets what their concerns are about dog parks and what they would design differently.
• Just like other types of parks, dog parks can be a very social event where neighbors meet, friendships are made, and
strong communities begin. Creating comfortable areas in and around the Dog Park where people can interact, rest, and recharge from a busy schedule is important. The dogs are having fun so we feel the humans should also! We have some fun and creative ideas on how to make the Glendale Park dog park great for people as well!
• We will address all of the standard items such as grading, accessibility, accessible parking stalls, efficient irrigation, benches, drinking fountains, drainage, lighting, fencing, gates, waste stations, etc. But what will make this park amazing are the things you don't associate with a dog park. Things like land form grading to create interest, logs to walk on, boulders to stand on, and maybe even water to cool off in? We have visions of a nature park for dogs with native perimeter plantings, nature themed site furnishings, and nature themed exercise/agility equipment. We will be bringing nature to all the dogs that never make it out of the City.
• We will design the space to prevent unauthorized use through the use of fencing, security cameras, good sight lines, and security lighting.
Creative fencing can add fun to the park!
Carlson Bark Park, Riverside
We understand that the dog interaction areas, separated by fencing to create separate areas for smaller dogs, larger dogs and to leave areas off limits for maintenance is the preferred design. We implemented a similar design for Yorba Park in the City of Orange. The Dog Park may also include the following elements:
• Shade structures, with tables and seating
• Water fountains for dogs and owners
• Seating areas
• Amenities and furnishings that will create a healthy, interactive and social experience for dogs and owners.
• Restroom facilities with storage (the City may opt to go with a prefabricated restroom) • Walkways
• Trail markers and park area signage, as needed
• Parking lot with handicap and electric vehicle charging • Lighting for dog interaction areas, pedestrian lighting, parking lot lighting RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Dog Park Experience
15 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
• Dog -friendly landscaping with proper irrigation
• Waste receptacles and pet waste stations
Scope of Services
1. Project Management and Coordination
We will prepare and update a project schedule and coordinate the project with you and your staff as required. We will be available for project discussions in person, over the phone, and via email.
We will manage and coordinate the project internally to ensure it stays on schedule.
2. Base Plan
We will prepare our base plan from a topographic survey we prepare and information provided by the city.
3. Site Research
We will visit the site to confirm our base sheet and improvement plans and make any adjustments necessary based on actual site conditions. We will also visit other dog parks in the city with city staff to review the pros and cons of each site.
Leash holders are an important
amenity at a successful dog park
Orange Dog Park at Yorba Park
4. Design Development Package
We will prepare a design development package showing the layout of all hardscape and landscape areas. This plan will include a conceptual planting plan with images of all plants on a large image board. We will also prepare an image board with all proposed site amenities. We will review the drawings with you and your staff and make revisions based on comments received. All amenities including brands and part numbers will be finalized before proceeding to construction documents.
5. Demolition Plan
We will prepare demolition plans delineating which site elements are to remain and which are to be removed. We anticipate removal of some of the trees, concrete paving, and the perimeter fence.
6. Grading and Drainage Plan
DBA Engineering will prepare the grading and drainage plan and details.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Dog Park Experience
Dog drinking fountains are a must!
Orange Dog Park at Yorba Park
16 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
7. Construction Plan and Details
We will prepare a construction plan that
will locate by dimensioning the location of
the proposed hardscape improvements.
Details will be provided to demonstrate
proper construction and installation will
be provided. Design elements will include
fencing and gates, new concrete
walkways, seating areas, benches, tables,
trash receptacles.
8. Planting Plan and Details
We will prepare planting plans and details
designating plant selection for the
landscape in this area. Details for proper
installation of all plant material will be provided.
9. Irrigation Plan and Details
We will prepare irrigation plans and details
to provide water for the landscape in this
area. Irrigation calculations and details for
proper installation of all irrigation
equipment will be provided.
10. Electrical Plan and Details
JCA Engineering will prepare all electrical
engineering to include all necessary plans
to provide lighting and electricity for all
elements of the site. These elements will
include outdoor lighting, conduit for
future cameras, and secure electrical
outlets.
wiZ
l
Concept Plan
4 si
11. Opinion of Probable Construction Cost
We will prepare opinions of probable construction cost at each phase of the project for all improvements shown on our plans.
12. Specifications
We will prepare book specifications identifying types and qualities of materials and methods to be used in construction.
SOUTH POIS-ADEHA
DOG PARK
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Dog Park Experience
17 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
13. Owner Review Coordination and Revisions
We will coordinate plan reviews with you, your
staff and other city departments and make
revisions to plans and specifications as required.
14. Design Meetings
We have budgeted for meetings with you and City
staff during the duration of the design portion of
the project.
15. Bidding Coordination
We will respond to questions during the bidding
period and provide written responses to you for
distribution to the contractors.
16. Construction Administration
We will attend job site meetings during the course
of the project construction in order to generally
review and evaluate the construction schedule,
monitor performance, review quality control
standards, and provide assistance for any clarification or revision to the contract for construction.
October 31, 2023
We will explore creative signage like this dog park
in Sacramento
Shade Structure and Benches
South PAWS-adena Dog Park
Dog "restroom"
Orange Dog Park at Yorba Park
Orange Dog Park at Yorba Park
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Dog Park Experience
Yucca Valley Dog Park
18 SCOPE OF WORK
A. PROJECT MANAGEMENT AND COORDINATION
We will attend status meetings as necessary during the course of the project to keep the City staff abreast of the project development. We will establish review milestones in the project schedule and submit deliverable products in a timely manner for adequate City review and revision. We have included ten (10) scheduled meetings or presentations during design development and construction document preparation.
Schedule: This project will have an efficient timeline because of the Placentia Dog Park improvements March, 2024 ARPA funding deadline. Contract Documents must be completed and ready for Bid Advertisement.
B. RESEARCH AND SITE ANALYSIS
We will perform all necessary data collection that
will include research, gathering and reviewing
existing City and County records appropriate for
the project site. This information will include but
not be limited to:
• Existing utility record drawings
• City record drawings
• Photos and analysis of existing park
features and amenities
Mountain View Park
lake IhreFl. l'al�fn�n�e CbI19P]ISIfl PINI
We will complete all field reconnaissance necessary to verify existing improvements and site conditions and locate and identify undocumented surface improvements relevant to the proposed site improvements.
We will provide a new topographic survey for the project and utilize it for the base plan.
C. SCOPE OF WORK
RHA will identify an optimal location and create a concept plan for the City's first dog park on an existing park area. We understand there are currently five potential park locations for the Dog Park to be installed and the proposed locations are Parque de Los Ninos, Parque de Los Vaqueros, Kramer Park, McFadden Park, or Richard R. Samp Park. The exact locations of the Dog Park will be determined by the RHA and City of Placentia staff. RHA will help determine the overall best location including non -City property. The development of the "City of Placentia Dog Park" (the "Project") will include two separate off -leash spaces for large and small dogs. Additionally, improvements will include agility course features, a dog washing station, site furnishing, landscape, and automated irrigation system. We understand that the new dog park will be utilized citywide by dog owners, families with children and by various programs conducted or coordinated by the City of Placentia Community Services Department.
19 RHA will consider the following components to be incorporated within the new dog park:
• Optimal Dog Park Location within the City limits
• Park signage
• Two separate off leash spaces for small dogs and large dogs • Access to existing park area, if located at a City park • Perimeter fencing and security gates
• Pet proof fence and gate which include dog park entry corals • Walkways
• Installation of agility course features
• Optimal surface material for dog parks
• Dog wash station
• Water wise landscaping, including trees and landscape mounds • Site lighting
• Automatic irrigation system
• Survey: On -the -ground field topographical survey work is to be determined by DBA Engineering if any existing or horizontal and vertical features are needed for the project.
Itis the Consultant's responsibility to provide only the survey necessary for the design of the project components identified within this RFP. Consultant shall identify in the proposal a detail list of features thesurvey would include. Design level survey and base mapping of the project site shall be prepared in US customary English units by a California licensed Land Surveyor in accordance with the City guidelines and in MicroStation CONNECT computer Aided design and Drafting (CADD) format. The horizontal datum shall be NAD 83 and the vertical datum shall be NAVD 88. • Geotechnical investigation and report: The Consultant shall provide geographical services which includes but is not limited to infiltration testing, geographical exploration, and provides remediation recommendations if necessary • Environmental clearance: The consultant shall prepare, distribute, and file any environmental noticing, documents, preparation of studies and technical reports for environmental clearances that may be needed for the project to meet state funding. This includes, but is not limited to stateand local regulations, policies and procedures as they pertain to CEQA, environmental studies, environmental site assessment, and environmental reports
• Water Quality: The Consultant shall coordinate with the City for the Low Impact Development (LID) requirements of the project and prepare a Water Quality Management Plan (WQMP) if deemed required. Consultant shall provide BMPs with appropriate size based on treatment and peak flow rates, freight to job site and one year of maintenance to include units and cost in the engineer's cost estimate. The selection of Best Management Practices (BMPs) will always be subject to site specific conditions and the Consultant will be required to perform the research into the site- specific 'conditions (e.g. prior contamination, depth to ground water, soil conditions, interfering utilities, etc.) that could preclude
20 infiltration. The Consultant shall also perform the required soils and/or infiltration system assuming it is the selected LID approach.
• Utility Coordination: The Consultant shall be responsible for all utility coordination efforts, including but not limited to; coordination with Edison for any electrical service connections, and water service connections for irrigation and water fountains • Site amenities:
> Waste bag dispensers, trash bins, recycle bins, dog waste bins, hydration stations with pet bowls, interpretive signage, park benches, picnic tables, drinking fountains at entrances
RHA will organize a kick-off meeting with City staff to discuss conceptual design plans, project goals and objectives, potential elements and issues, project schedule, review of existing information, and conduction of a site visit to all five proposed locations. RHA will utilize the five proposed sites and will be responsible for providing all design and engineering as required for all components within the project scope of work which includes but is not limited to the preparation and submittal of the PS&E package through completion with the approval from City to release construction. The RHA Team will research all information pertinent to the project including, but not limited to existing field condition, as - built plans and record drawings, right-of-way data and all future improvement plans adjacent to or affecting the project site. The RHA Team will identify all existing and proposed facilities within the project's limits and potential conflicts. Additional input will be gathered from City staff and the 5 community meetings that will be required for the firm and City to hold. The RHA Team will provide permit -ready improvement plans, construction and bid documents for typical Public Works Projects as well as provide bidding and construction support. All work shall be prepared under the supervision of an architect licensed by the State of California, experienced in designing Public Dog Parks and all subconsultants will be licensedin their respective fields as well..
We Understand the city is adopting a two-phase process for delivering the final design effort of the project. Under Phase I, the RHA project team will receive a Notice to Proceed to complete a Needs Assessment and report that will also include the full complement of equipment, signage and amenities to use in the dog park and conceptual renderings, 35% complete design stage improvement plans, site plans and ALTA survey, refined site plans and space utilization based on input received from city staff and a 35%
21 design level construction cost estimate. The results of the Phase 1 35% design effort and construction cost estimate shall be shared with the City Council to evaluate whether it would like to proceed with the project through completion of the design phase and construction, or to scale back the size and scope of the project. The City Council could also elect to cancel the project at that phase. Proposers are asked to bifurcate work scopes, schedule and fees for the Phase 1 35% complete level and the Phase II 100% complete level in their proposals.
I. Project Management, Meetings and Task Effort
RHA will prepare and submit a comprehensive schedule to reflect the time frames required for completing each task of Phases I and 11 and show work tasks, phases, durations, milestones, assignments, critical path, and other relevant data. Milestones, which are interdependent, and the completion date of each milestone must be identified.
The RHA Team will provide overall management of the project, including approvals for a needs assessment, preliminary conceptual designs and coordination with the City, utilities and agencies as necessary to complete the scope of work. The consultant will be responsible for facilitating monthly virtual progress meetings with City Staff to Obtain input and discuss any project related items as well as provide project schedule. Meetings may include but not be limited to kick off and project development team meetings with City staff and future preconstruction and construction progress meetings.
RHA will attend at least five (5) community meetings to obtain the residents' input throughout the design process. Each Community Meeting will take place at the locations proposed.
Management activities will include development and maintenance of a critical path method (CPM) design schedule and progress reports to be distributed monthly. The schedule and billings shall be submitted in the form and in sufficient detail to track the project status and contract expenditures as outlined by the City at the beginning of the project.
Progress design coordination meetings: RHA at or before these progress design coordination meetings, shall supply two copies of all completed or partially completed reports, studies, plans, specifications and estimates which have been developed or altered during the previous month.
RHA will keep minutes of meetings and distribute a draft copy of minutes to the City for comments and approval. City comments shall be incorporated into the final meeting minutes by the Consultant to the satisfaction of the City.
Phase 1 35% Design Effort
We Understand that the City's anticipated delivery schedule for Phase I of this project is as follows:
January 2024 — City Council awards professional services agreement for Phase! 35% complete level architectural and engineering design services.
January 2024 — March 2024 — Phase 1 35% design effort completed.
April 2024 — City Council evaluation of 35% Phase I design effort. 22 Task 1.0 Needs Assessment
Utilizing the proposed site plans as a starting point, the consultant will work with City staff and the community to further refine the equipment, signage, amenities, and space utilization based on input provided by the City to identify in greater detail the various features, function, and form of the new Dog Park. Through the Community meetings the consultant will finalize the various equipment and amenities layout of the individual spaces within the site that fit with the intended programming usage. A Phase I Environmental Report and geotechnical investigation of the proposed project site must be completed as part of the project Needs Assessment.
The finished product will result in detailed site plans in conformance with current building codes and facilities of comparable size and amenities. Afinal detailed list of equipment, signage, and amenities are to be supplied and installed by the building contractor will also be provided. Schematic improvement plans, refined site plans and ALTA survey for the new Dog Park will be developed in tandem with the proposed programmatic uses for exterior spaces as part of this project phase. At the conclusion of Task
2.0, the consultant shall prepare a 35% level construction cost estimate for the project.
Task 2.0 Phase II 100% Improvement Plans and Construction Documents Should the City Council elect to proceed with this project after considering the 35% design effort, the City and consultant will amend the existing professional services agreement to proceed with Phase II of the project under a separate Notice to Proceed.
Under Phase II, the RHA Team will prepare permit -ready final engineered Plans, Specifications, and Estimates (PS&E) for the project based on the City Council- approved preferred project alternative.
The plans and specifications will be prepared and reviewed by the City at the 65%, and 100% design stages. The City's Building Official will also review and approve the plans for code compliance. Plans shall be prepared at a scale of 1" = 40' and shall be prepared using the latest version of AutoCAD. The improvement plans will include but are not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural designs, interior designs, furniture or equipment selections, electrical engineering, mechanical and pluming engineering, etc.
The RHA Team will need to coordinate with utility companies for any electrical service connections and water service connections for irrigation and water fountains. The bid specifications and construction documents shall be prepared based on typical Public Works construction and contract administration specifications such as the "Greenbook." The consultant will utilize the City's existing front-end boilerplate bid specifications and contract documents and attach all relevant technical specifications developed by the consultant for use on this project. All proposed Americans with Disability Act (ADA) improvements must follow current ADA and/or California Building Code (CBC) regulations. In addition, the consultant shall engage a Certified Access Specialist (CASp) to review its plans as well as to certify the final plan set as fully compliant with current ADA and/or CBC standards.
D. CONSTRUCTION DOCUMENTS
23 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
All plans will be developed using AutoCAD 2018. We will utilize the City title block at 24" x 36".
1. DEMOLITION PLAN
RHA will prepare a demolition plan that will identify all existing items within the proposed improvement area and whether they are to be protected -in-place or removed.
2. PRECISE GRADING & DRAINAGE PLAN
DBA will prepare precise grading and drainage plans. Plans will include plotting of the existing and proposed structures, finished grading design, and local area drainage design. Includes agency plan check revisions, construction notes, quantities, and construction details
3. HYDROLOGY REPORT
DBA will prepare a hydrologic analysis report in compliance with the Riverside County Hydrology Manual, latest addition. Report will document existing and proposed drainage patterns and systems. Includes hydrology map, hydrologic calculations, and a written narrative of the proposed project, its impacts, and how they are mitigated. Task does not include the analysis of off-site flows. WATER QUALITY MANAGEMENT PLAN/LOW IMPACT DEVELOPMENT (WQMP/LID)DBA will prepare the WQMP/LID documents in
conformance with the requirements and
conditions for Low Impact Development
(LID) improvements that are compliant with
NPDES Order R8-2010-0036 and NPDES No
CAS 618036 for the County of Los Angeles.
The WQMP/LID will analyze and prescribe
structural and non-structural Best
Management Practices (BMPs) in
compliance with LID standards. Treatment
control BMP's will be appropriately sized to
meet minimum flow rate/volume mitigation
design requirements of the local municipal
agency.
Mountain View Park, Lake Forest
4. CONSTRUCTION PLAN & DETAILS
RHA will prepare a construction plan that will locate by dimensioning all site elements including, splash pad, restroom, playground area, basketball courts, exercise stations, trail, concrete paving, and parking lot improvements and striping. Details will be provided to demonstrate proper construction and installation of all the site elements. 24 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
October 31, 2023
5. IRRIGATION PLAN & DETAILS
RHA will prepare irrigation plans that will provide irrigation systems on site to accommodate all new improvements. RHA will work with City staff to determine the location of point of connection and irrigation equipment to be incorporated into the design around the new amenities. Pressure loss calculations, point of
connection, mainline, lateral and head layout,
drip irrigation layout, controller location, and
flow calculations will be provided. Details will
be provided to demonstrate proper installation
of all irrigation equipment.
6. PLANTING PLAN & DETAILS
RHA will prepare detailed plans for all new
planting areas on the site. These plans will
locate and identify all items of plant material to
be used. Drought tolerant plant materials will
Butterfly Park, Ontario
be used to conserve water, reduce maintenance and ensure the long-term health and viability of the plant material.
7. ELECTRICAL PLAN & DETAILS
JCA Engineering will prepare an electrical plan and details that will locate lighting and provide power to the new light poles.
8. SPECIFICATIONS
We will prepare book specifications identifying types and qualities of materials and methods to be used in construction.
E. OPINION OF PROBABLE CONSTRUCTION COSTS
We will prepare a detailed opinion of probable construction cost at the design development stage and at 100% submittal of the construction documents. The estimate will be a very detailed line item document identifying all of the specific amenities proposed for construction.
F. BIDDING ASSISTANCE & COORDINATION
We understand that the City will coordinate the advertising of the plans and specifications for bidding and hand out all plans and specifications to the contractors. We will assist the City in preparing addendums, answering questions and attending a pre-bid conference.
G. CONSTRUCTION SUPPORT
RHA will review shop drawings, respond to requests for information, attend the preconstruction meeting, make eight (8) field observation visits of the project during construction to review construction progress as requested by the City. The City's inspector will provide the day-to-day inspection and organize the meetings. We will support the City, advising and making recommendations.
The following duties will be included in the construction administration phase:
25 Placentia Dog Park Architecture & Engineering Design Services City of Placentia
1. A pre -construction conference will be conducted
to be attended by the City, Design Team, and the
contractor along with major subcontractors for
the project. All of the requirements regarding the
hours of operation during the length of the
construction process will be carefully outlined. All
of the required contracts, bonds, and insurance
will be reviewed with the contractor.
Construction schedules as provided by the
contractor along with the schedule of values will
be reviewed and approved.
2. Periodic visits (a total of 8 visits @ 3 hours/visit have been budgeted) to the job site will be
conducted including meetings with the general
contractor and the City to ascertain the progress
of the project and its compliance with the contract documents. Meeting minutes will be prepared for distribution.
October 31, 2023
Rancho Jurupa Regional Sports Park, Jurupa
Valley
3. All necessary drawings/specification clarifications will be prepared to further indicate project requirements.
4. All submittals provided by the contractor as required in the contract documents will be reviewed and approved including shop drawings, samples, and product data. Turnaround time for review of submittals will be two (2) weeks from receipt of submittals in RHA's office.
5. Assistance will be provided as to the appropriateness of all testing and inspection related to the project.
6. Upon completion of the project, a final punch list will be prepared for items to be corrected on the project by the contractor. Assistance will be provided in coordinating all of the required guarantees and operating manuals for all of the components of the irrigation systems.
7. A final inspection of the park at the conclusion of the landscape maintenance period. We will make recommendations for acceptance by the City as appropriate.
8. We will prepare as -built record drawings of the final installation based on as -built redline plans provided by the contractor.
26 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
SCHEDULE
RHA LANDSCAPE ARCHITECTS WILL PROVIDE A DETAILED MICROSOFT PROJECTS SCHEDULE FOR EACH OF THE PROJECT TASKS AT THE KICK OFF MEETING FOR THE PLACENTIA DOG PARK PROJECT. THE FOLLOWING ARE THE MILESTONE DATES THAT WE WILL MEET:
January 2024 — City Council awards professional services agreement for Phase! 35% complete level architectural and engineering design services.
January 2024 — March 2024 — Phase 1 35% design effort completed.
April 2024 — City Council evaluation of 35% Phase I design effort.
May 2024 — City Council awards professional services agreement for professional architectural and engineering design services for Phase 11 100% Improvement Plans and Construction Documents effort.
May 2024 — August 2024 — Phase I 1100% Improvement Plans and Construction Documents effort completed.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Schedule
27 Placentia Dog Park Architecture & Engineering Design Services October 31, 2023 City of Placentia
REQUIRED STATEMENTS
1. RHA Landscape Architects will perform the services and adhere to the requirements described in this RFP, including any addenda.
2. RHA understands that subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
3. RHA Landscape Architects will not substitute members of our designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.
4. RHA Landscape Architects has no Conflicts of Interests.
5. RHA Landscape Architects has had no Collusion with other proposing firms.
6. RHA Landscape Architects can and will fulfill the indemnification and insurance requirements contained in the sample contract.
RHA LANDSCAPE ARCHITECTS -PLANNERS, INC.
Required Statements
28 Subtotal Hours
Subtotal Dollars
Placentia Dog Park
RHA Landscape Architects -Planners, Inc.
Resource Allocation and Cost Proposal
TASK
Phase 1 Needs Assessment and Preliminary Plan (35%)
Project Managemet and City Staff Meetings
Identify Optimal location and Preliminary Design
Community Meetings (5)
Design/Topographic Survey
Underground Utility Locating
Site Research and Review Project Data
Environmental Project Description
Biological Resources Survey
Aborist Survey & Tree Protection Plans
Environmental Records Search
Air Quality Assessment
Noise Assessment
Cultural Resources Record Search
Prepare Screencheck Class 32 Exemption Document
Revise Screencheck and Submit Final Class 32 Exemption
Prepare NOEs and Submit to County Clerk
Prelimnary Planning and Dog Park Design
Opinion of Probable Construction Cost(35%)
RHA Landscape Architects -Planners,
Inc.
Project Landscape
Principal
Manager Designer
$210
4 8
4 4
8 Subtotal Hours'
Subtotal Dollars' $
Expenses!
TOTAL
PHASE!! 100% IMPROVEMENT PLANS and CD's
Project Management and City Staff Meetings
Geotechnical Investigation & Report
Demolition Plan
Precise Grading and Erosion Control Plans
On Site Wet Utility Plan
Hydrology Study
WQMP/LID
Construction Plan & Details
Electrical Plan & Details
Irrigation Plan & Details
Planting Plan & Details
Specifications
Plan Revisions and Coordination
Opinion of Probable Construction Cost (65% & 100%)
Expenses!
TOTAL
TOTAL HOURS
TOTAL EXPENSES
TOTAL FEES
TOTAL DOLLARS
$175
12 8
20 2
$130
7 24
16 40
5 4
28 71 83
5,880 $ 12,425 $ 10,790 $
$1,530
$30,625
2 2
20 16
2 2
4 4
8 8
2 62
$ 4,200 $ 10,850
$1,470
$38,375
48 133
16 12
52 2
38 24
4 12
8 168
$ 21,855 $
David Beckwith & Associates
Principal
$325
Project
Manager
$305
Staff
$275
JCA Engineering
Principal
$230
20 12 14 2
Project
Manager
$180
6,500 $ 3,660 $ 3,850 $ 460 $
8 8
45 14,625
251 65
$3,000
$ 10,080 I $ 23,275 1 $
$69,000
Staff
$165
$14,010 $460
20 16
8 65
$ 19,825
$44,625
77 24
2 11
37 $ 10,175
24 24
$ 5,520
28 28
5,040
22 22
$ 3,630
$14,190
51 26
32,645 $
$0
21,125 1 $ 23,485 1 $ 14,025
$58,635
28 Principal
$220
Geocon
Project
Manager
$160
Staff
$100
8 $ 1,760
20 20
$ 3,200
39 39
$ 3,900
$8,860
22 8
$0
20 RHA Landscape Architects -Planners, Inc.
Principal
$200
UltraSystems
Project Manager
$165
Staff
$100
8 14
8 2
8 12
4 12
4 6
12 11
1 12
8 4
11 4
84 77
16,800 $ 12,705 $
Total Hours
47 40
24 26
14 22
4 18
6 32
16 35
3 8 28
13 33
8 6 29
1 9
4 64
9 54' 445
5,400
$34,905
39 84
$0
$ 5,980 1 $ 5,040 1 $ 3,630 $ 1,760 1 $ 3,200 1 $
$14,650 $8,860
77 54
$0
3,900 $
16,800 1 $ 12,705 1 $
$34,905
5,400 I
56 69
22 52
26 16
27 64
78 42
28 24
22 12
538
983
January 9, 2024
TOTAL
$ 9,370
$ 6,200
$ 4,340
$ 7,590
$ 4,170
$ 3,740
$ 2,990
$ 5,380
$ 5,015
$ 565
$ 4,380
$ 5,020
$ 1,460
$ 4,815
$ 1,560
$ 800
$ 9,680
$ 1,395
$ 78,470
$ 1,530
$ 80,000
$ 11,600
$ 9,210
$ 3,380
$ 15,300
$ 8,030
$ 5,040
$ 8,065
$ 9,000
$ 14,800
$ 5,640
$ 3,835
$ 5,490
$ 3,380
$ 1,810
! $ 104,580
1 $ 1,470
$ 106,050
983
3,000
Is
183,050
$ 186,050
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 RHA Landscpe Architects Planners, INC
N
N
Insured: RHA Landscape Architects -Planners, Inc.
Policy Number: OB3D820387
Policy Effective : 2/3/2023 Policy Expiration : 2/3/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit
2. Additional Insured - Broad Form Vendors
3. Alienated Premises
4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators
5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics)
6. Personal and Advertising Injury - Broad Form
7. Product Recall Expense
Product Recall Expense Each Occurrence Limit
Product Recall Expense Aggregate Limit
Product Recall Deductible
8. Unintentional Failure to Disclose Hazards
9. Unintentional Failure to Notify
This endorsement amends coverages provided under the
coverages and broader coverage grants. This coverage is Businessowners Coverage Form, except as provided below.
The following changes are made to SECTION II -
LIABILITY:
1. Additional Insured by Contract, Agreement
Permit
The following is added to SECTION II
LIABILITY, C. Who Is An Insured:
Additional Insured by Contract, Agreement or
Permit
a. Any person or organization with whom you
agreed in a written contract, written
agreement or permit to add such person or
organization as an additional insured on
your policy is an additional insured 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,
but only with respect to:
(1) "Your work" for the additional insured(s)
designated in the contract, agreement or
permit;
Limits
Included
Included
Included
Page
1 2
3 Included 3
Included
Included
Included
$25,000
Occurrence
$50,000
Aggregate
$500
Included
Included
3 4
4 5
5 5
6 6
Businessowners Coverage Form through new
subject to the provisions applicable to the
(2) Premises you own, rent, lease or
occupy; or
or use of
or (3) Your maintenance, operation
equipment leased to you.
b. The insurance afforded to such additional
insured described above:
(1) Only applies to the extent permitted by
law; and
(2) Will not be broader than the insurance
which you are required by the contract,
agreement or permit to provide for such
additional insured.
Applies on a primary basis if that is
required by the written contract, written
agreement or permit.
(4) Will not be broader than coverage
provided to any other insured.
Does not apply if the "bodily injury",
"property damage" or "personal and
advertising injury"is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto.
391-1006 08 16
(3)
(5)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6
c. This provision does not apply:
(1) Unless the written contract or written
agreement was executed or permit was
issued prior to the "bodily injury",
"property damage", or "personal injury
and advertising injury".
(2) To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
To any lessor of equipment:
(a) After the equipment lease expires; or
(b) If the "bodily injury", "property
damage", "personal and advertising
injury" arises out of sole negligence
of the lessor.
(4) To any:
(a) Owners or other interests from whom
land has been leased if the
"occurrence" takes place or the
offense is committed after the lease
for the land expires; or
(b) Managers or lessors of premises if:
(i) The "occurrence" takes place or
the offense is committed after
you cease to be a tenant in that
premises; or
(ii) The "bodily injury", "property
damage", "personal injury" or
"advertising injury" arises out of
structural alterations, new
construction or demolition
operations performed by or on
behalf of the manager or lessor.
To "bodily injury', "property damage" or
"personal and advertising injury" arising
out of the rendering of or the failure to
render any professional services.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision,
hiring, employment, training or
monitoring of others by that insured, if
the "occurrence" which caused the
"bodily injury" or "property damage" or
the offense which caused the "personal
and advertising injury" involved the
rendering of or failure to render any
professional services by or for you.
d. With respect to the insurance afforded to
these additional insureds, the following is
added to SECTION II - LIABILITY, D. Liability
and Medical Expense Limits of Insurance:
(3)
(5)
391-1006 08 16
Hanover
Insurance Group..
OB3 D820387 1001051
The most we will pay on behalf of the
additional insured for a covered claim is the
lesser of the amount of insurance:
1. Required by the contract, agreement or
permit described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations.
This endorsement shall not
applicable Limits of Insurance
Declarations
e. All other insuring agreements, exclusions,
and conditions of the policy apply.
2. Additional Insured - Broad Form Vendors
The following is added to SECTION
LIABILITY, C. Who Is An Insured:
Additional Insured - Broad Form Vendors
increase the
shown in the
a.
b.
c.
II -
Any person or organization that is a vendor
with whom you agreed in a written contract
or written agreement to include as an
additional insured under this Coverage Part
is an insured, but only with respect to liability
for "bodily injury" or "property damage"
arising out of "your products" which are
distributed or sold in the regular course of
the vendor's business.
The insurance afforded to such vendor
described above:
(1) Only applies to the extent permitted by
law;
(2) Will not be broader than the insurance
which you are required by the contract or
agreement to provide for such vendor;
Will not be broader than coverage
provided to any other insured; and
Does not apply if the "bodily injury',
"property damage" or "personal and
advertising injury" is otherwise excluded
from coverage under this Coverage Part,
including any endorsements thereto
With respect to insurance afforded to such
vendors, the following additional exclusions
apply:
The insurance afforded to the vendor does
not apply to:
(1) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reasons of the assumption of
liability in a contract or agreement. This
exclusion does not apply to liability for
damages that the insured would have in
the absence of the contract or
agreement;
(2) Any express warranty unauthorized by
you;
(3)
(4)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6
(3)
Any physical or chemical change in the
product made intentionally by the
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of inspection,
demonstration, testing, or the
substitution of parts under instruction
from the manufacturer, and then
repackaged in the original container;
Any failure to make such inspection,
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 sale
of the product;
(6) Demonstration, installation, servicing or
repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
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;
(8) "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:
(a) The exceptions contained within the
exclusion in subparagraphs (4) or (6)
above; or
(b) 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.
"Bodily injury" or "property damage"
arising out of an "occurrence" that took
place before you have signed the
contract or agreement with the vendor.
(10)To any person or organization included
as an insured by another endorsement
issued by us and made part of this
Coverage Part.
(11)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.
d. With respect to the insurance afforded to
these vendors, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expense Limits of Insurance:
(5)
(7)
(9)
391-1006 08 16
The most we will pay on behalf of the vendor
for a covered claim is the lesser of the
amount of insurance:
1. Required by the contract or agreement
described in Paragraph a.; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
3. Alienated Premises
SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage k.
Damage to Property, paragraph (2) is replaced by
the following:
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any part
of those premises and occurred from hazards
that were known by you, or should have
reasonably been known by you, at the time
the property was transferred or abandoned.
4. Broad Form Property Damage - Borrowed
Equipment, Customers Goods, Use of Elevators
a.
b.
The following is added to SECTION II -
LIABILITY, B. Exclusions, 1. Applicable To
Business Liability Coverage, k. Damage to
Property:
Paragraph (4) does not apply to "property
damage" to borrowed equipment while at a
jobsite and not being used to perform
operations.
Paragraph (3), (4) and (6) do not apply to
"property damage" to "customers goods"
while on your premises nor to the use of
elevators.
For the purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Customers goods" means property of
your customer on your premises for the
purpose of being:
a. Worked on; or
b. Used in your manufacturing process.
c. The insurance afforded under this provision is
excess over any other valid and collectible
property insurance (including deductible)
available to the insured whether primary,
excess, contingent or on any other basis.
5. Incidental Malpractice - Employed Nurses, EMT's
and Paramedics
SECTION II - LIABILITY, C. Who Is An Insured,
paragraph 2.a.(1)(d) does not apply to a nurse,
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6
emergency medical technician or paramedic
employed by you if you are not engaged in the
business or occupation of providing medical,
paramedical, surgical, dental, x-ray or nursing
services.
6. Personal Injury - Broad Form
a. SECTION II - LIABILITY, B. Exclusions, 2.
Additional Exclusions Applicable only to
"Personal and Advertising Injury", paragraph
e. is deleted.
b. SECTION II - LIABILITY, F. Liability and
Medical Expenses Definitions, 14. "Personal
and advertising injury", paragraph b. is
replaced by the following:
b. Malicious prosecution or abuse of
process.
c. The following is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions, Definition 14. "Personal and
advertising injury":
"Discrimination" (unless insurance thereof is
prohibited by law) that results in injury to the
feelings or reputation of a natural person,
but only if such "discrimination" is:
(1) Not done intentionally by or at the
direction of:
(a) The insured;
(b) Any officer of the corporation,
director, stockholder, partner or
member of the insured; and
(2) Not directly or indirectly related to an
"employee", not to the employment,
prospective employment or termination
of any person or persons by an insured.
d. For purposes of this endorsement, the
following definition is added to SECTION II -
LIABILITY, F. Liability and Medical Expenses
Definitions:
1. "Discrimination" means the unlawful
treatment of individuals based upon race,
color, ethnic origin, gender, religion, age,
or sexual preference. "Discrimination"
does not include the unlawful treatment
of individuals based upon developmental,
physical, cognitive, mental, sensory or
emotional impairment or any
combination of these.
e. This coverage does not apply if liability
coverage for "personal and advertising
injury" is excluded either by the provisions of
the Coverage Form or any endorsement
thereto.
7. Product Recall Expense
a. SECTION II - LIABILITY, B. Exclusions, 1.
Applicable To Business Liability Coverage,
391-1006 08 16
Hanover
Insurance Group..
OB3 D820387 1001051
o. Recall of Products, Work or Impaired
Property is replaced by the following:
o. Recall of Products, Work or Impaired
Property
Damages claimed for any loss, cost or
expense incurred by you or others for
the loss of use, withdrawal, recall,
inspection, repair, replacement,
adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
If such product, work or property is
withdrawn or recalled from the market or
from use by any person or organization
because of a known or suspected defect,
deficiency, inadequacy or dangerous
condition in it, but this exclusion does
not apply to "product recall expenses"
that you incur for the "covered recall" of
"your product".
However, the exception to the exclusion
does not apply to "product recall
expenses" resulting from:
(4) Failure of any products to accomplish
their intended purpose;
(5)
Breach of warranties of fitness,
quality, durability or performance;
(6) Loss of customer approval, or any
cost incurred to regain customer
approval;
Redistribution or replacement of
"your product" which has been
recalled by like products or
substitutes;
Caprice or whim of the insured;
A condition likely to cause loss of
which any insured knew or had
reason to know at the inception of
this insurance;
(10)Asbestos, including loss, damage or
clean up resulting from asbestos or
asbestos containing materials; or
(11)Recall of "your products" that have
no known or suspected defect solely
because a known or suspected
defect in another of "your products"
has been found.
b. The following is added to SECTION II -
LIABILITY, C. Who Is An Insured, paragraph
3.b.:
"Product recall expense" arising out of any
withdrawal or recall that occurred before you
acquired or formed the organization.
(7)
(8)
(9)
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6
c. The following is added to SECTION II -
LIABILITY, D. Liability and Medical Expenses
Limits of Insurance:
Product Recall Expense Limits of Insurance
a. The Limits of Insurance shown in the
SUMMARY OF COVERAGES of this
endorsement and the rules stated below
fix the most that we will pay under this
Product Recall Expense Coverage
regardless of the number of:
(1) Insureds;
(2) "Covered Recalls" initiated; or
(3) Number of "your products"
withdrawn.
b. The Product Recall Expense Aggregate
Limit is the most that we will reimburse
you for the sum of all "product recall
expenses" incurred for all "covered
recalls" initiated during the policy period.
c. The Product Recall Each Occurrence
Limit is the most we will pay in
connection with any one defect or
deficiency.
d. All "product recall expenses" in
connection with substantially the same
general harmful condition will be
deemed to arise out of the same defect
or deficiency and considered one
"occurrence".
e. Any amount reimbursed for "product
recall expenses" in connection with any
one "occurrence" will reduce the amount
of the Product Recall Expense Aggregate
Limit available for reimbursement of
"product recall expenses" in connection
with any other defect or deficiency.
f. If the Product Recall Expense Aggregate
Limit has been reduced by
reimbursement of "product recall
expenses" to an amount that is less than
the Product Recall Expense Each
Occurrence Limit, the remaining
Aggregate Limit is the most that will be
available for reimbursement of "product
recall expenses" in connection with any
other defect or deficiency.
Product Recall Deductible
We will only pay for the amount of
"product recall expenses" which are in
excess of the $500 Product Recall
Deductible. The Product Recall
Deductible applies separately to each
"covered recall". The limits of insurance
will not be reduced by the amount of this
deductible.
We may, or will if required by law, pay all
or any part of any deductible amount, if
applicable. Upon notice of our payment
g.
391-1006 08 16
of a deductible amount, you shall
promptly reimburse us for the part of the
deductible amount we paid.
The Product Recall Expense Limits of
Insurance 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
the purposes of determining the Limits of
Insurance.
d. The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expense
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
You must see to it that the following are
done in the event of an actual or anticipated
"covered recall" that may result in "product
recall expense":
(1) Give us prompt notice of any discovery
or notification that "your product" must
be withdrawn or recalled. Include a
description of "your product" and the
reason for the withdrawal or recall;
(2) Cease any further release, shipment,
consignment or any other method of
distribution of like or similar products
until it has been determined that all
such products are free from defects that
could be a cause of loss under this
insurance.
e. For the purposs of this endorsement, the
following definitions are added to SECTION
II - LIABILITY, F. Liability and Medical
Expenses Definitions:
1. "Covered recall" means a recall made
necessary because you or a government
body has determined that a known or
suspected defect, deficiency,
inadequacy, or dangerous condition in
"your product" has resulted or will result
in "bodily injury" or "property damage".
2. "Product recall expense(s)" means:
a. Necessary and reasonable expenses
for:
(1) Communications, including radio
or television announcements or
printed advertisements including
stationary, envelopes and
postage;
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6
(2) Shipping the recalled products
from any purchaser, distributor or
user to the place or places
designated by you;
Remuneration paid to your
regular "employees" for
necessary overtime;
(4) Hiring additional persons, other
than your regular "employees";
Expenses incurred by "employees"
including transportation and
accommodations;
Expenses to rent additional
warehouse or storage space;
Disposal of "your product", but
only to the extent that specific
methods of destruction other than
those employed for trash
discarding or disposal are
required to avoid "bodily injury"
or "property damage" as a result
of such disposal,
you incur exclusively for the purpose
of recalling "your product"; and
b. Your lost profit resulting from such
"covered recall".
f. This Product Recall Expense Coverage does
not apply:
(3)
(5)
(6)
(7)
391-1006 08 16
Hanover
Insurance Group..
OB3 D820387 1001051
(1) If the "products - completed operations
hazard" is excluded from coverage under
this Coverage Part including any
endorsement thereto; or
To "product recall expense" arising out of
any of "your products" that are otherwise
excluded from coverage under this
Coverage Part including endorsements
thereto.
8. Unintentional Failure to Disclose Hazards
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions:
Representations
We will not disclaim coverage under this
Coverage Part if you fail to disclose all hazards
existing as of the inception date of the policy
provided such failure is not intentional.
9. Unintentional Failure to Notify
The following is added to SECTION II -
LIABILITY, E. Liability and Medical Expenses
General Conditions, 2. Duties in the Event of
Occurrence, Offense, Claim or Suit:
Your rights afforded under this Coverage Part
shall not be prejudiced if you fail to give us
notice of an "occurrence", offense, claim or "suit",
solely due to your reasonable and documented
belief that the "bodily injury", "property damage"
or "personal and advertising injury" is not
covered under this Policy.
(2)
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6
Insured: RHA Landscape Architects -Planners, Inc.
Policy Number: OB3D820387
Policy Effective : 2/3/2023 Policy Expiration : 2/3/2024 Hanover
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Insurance Group...
OB3 D820387 1001051
AVENUES BUSINESSOWNERS DELUXE PLATINUM ARCHITECTS AND
ENGINEERS PROGRAM BROADENING ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT The following is added to SECTION I - PROPERTY :
The limits applicable to the coverages included in this endorsement may either be in addition to or included within the applicable Limit of Insurance. For application of the limits, refer to each coverage within this endorsement. Words or phrases in quotation marks have special meanings. The meaning of words or phrases in quotation marks is explained within the applicable coverage section. The coverages in this endorsement amend the coverage provided under the Businessowners Coverage Form through new coverages and replace coverage grants. These coverages are subject to the provisions applicable to this policy, except where amended within this endorsement.
If any of the property covered by this endorsement is also covered under any other provisions of the policy of which this endorsement is made a part of, or if more than one coverage under this endorsement applies, in the event of loss or damage, you may choose only one of these coverages to apply to that loss. The most we will pay in this case is the limit of insurance applying to the coverage you select. Coverages included in this endorsement apply either separately to each described premises or on an occurrence basis. Refer to each coverage within this endorsement for application of coverage.
We provide no coverage for Business Income; Extended Business Income; Extra Expense; or Business Income and Extra Expense from Dependent Properties for any of the Coverages included as part of this endorsement unless specifically stated, and then only to the extent provided for within that Scheduled or Blanket Coverage provision.
I. COVERAGES
1 Scheduled Coverages
1. Accounts Receivable On Premises
Accounts Receivable Off Premises
2. Backup or Overflow of a Sewer, Drain or Sump
3. Brands and Labels
4. Business Income Billable Hours Option
5. Business Income and Extra Expense - Dependent Properties
6. Transit Business Income and Extra Expense
7. Business Income from Websites
8. Civil Authority
9. Computer Equipment
Computer Equipment In Transit or Off Premises
Computer Equipment - Newly Acquired or Constructed Property
10. Computer and Funds Transfer Fraud
11. Consequential Loss to Stock
12. Contract Penalties
13. Denial of Access to Premises
114. Electronic Vandalism
115. Employee Theft Including ERISA Compliance
391-1448 08 16
Limit
$250,000
$250,000
Included 3
Included 3
$25,000 4
$100,000 4
$50,000 5
$50,000 / 7 Days 5
24 hour waiting
period
Included
$100,000 6
$100,000
$10,000 6
Included 6
$25,000 6
30 Days; 72 Hour 6
Waiting Period
$100,000 7
$50,000 7
Page
3 5
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 17
116.
117.
18. 1 19.
20. Expediting Expenses $25,000 7
Extended Business Income 90 Days 7
Fine Arts (Including Architectural Models) $100,000 8
Forgery or Alteration $50,000 8
Hired Auto - Physical Damage $50,000 8
21. Identity Theft Expense Reimbursement $15,000 9
22. Interruption of Computer Operations On Premises $500,000 10 Interruption of Computer Operations Off Premises $25,000/$50,000
23. Marring and Scratching Included 11
24. Money and Securities Inside the Premises $25,000 11 Money and Securities Outside the Premises $25,000
Money Orders and Counterfeit Money $25,000 11
Newly Acquired or Constructed Property -Business Income and Extra $500,000 11 Expense
Ordinance or Law - Demolition Cost Coverage and Increased Cost of $25,000 11 Construction
125.
26. 27.
28. Ordinance or Law - Increased Period of Restoration $50,000 11
29. Ordinance or Law (Tenants Improvement Extension) $25,000 12
30. Outdoor Property $25,000 12
31. Personal Effects $75,000 12
32. Portable Electronic Devices Coverage Worldwide $10,000 12
33. Precious Metal Theft Payment Changes $25,000 13
34. Preservation of Property - Expense $25,000 13
35. Personal Property in Transit Included 13
36. Sales Representative Samples $25,000 13
37. Temporary Relocation of Property $50,000 13
38. Tenant Signs Included 14
39. Utility Services
Direct Damage (Including Overhead Transmission Lines) $25,000 14 Business Income (Including Overhead Transmission Lines) $25,000
40. Valuable Papers and Records (Other Than Electronic Data) On Premises
Valuable Papers and Records (Other Than Electronic Data) Off Premises
141. Worldwide Property Off Premises
391-1448 08 16
$100,000
$100,000
14 $50,000 14
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 17
(SECTION II - LIABILITY Changes
11. 2.
Additional Insured by Contract, Agreement or
Additional Insured by Contract, Agreement or
Non-contributory
3. Aggregate Limit of Insurance (Per Project)
4. Damage to Premises Rented to You - Revised Limit
5. Limits of Insurance - Medical Expenses
6. Newly Acquired or Formed Organizations
7. Non -Owned Watercraft
8. Who Is An Insured - Unnamed Joint Venture
Permit - Amended
Permit - Primary and
II. DEDUCTIBLES
Deductibles are subject to the provisions
applicable to the Businessowners Coverage
Form except as provided below. We will not
pay for covered loss or damage in any one
occurrence unless the amount of loss or
damage exceeds the applicable Deductible
amount. We will then pay the amount of loss
or damage in excess of the Deductible up to
the applicable Limit of Insurance.
III. COVERED PROPERTY
Scheduled Coverages
1. Accounts Receivable
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, f. Accounts
Receivable, paragraphs (2) and (3) are
replaced by the following:
(2) We will pay under this Coverage
Extension for loss or damage in any
one occurrence at the described
premises. The most we will pay is
$250,000 for accounts receivable at
the described premises, unless a
higher Limit of Insurance for accounts
receivable is shown in the Additional
Property Coverage Schedule.
We will pay under this Coverage
Extension for loss or damage in any
one occurrence not at the described
premises. The most we will pay is
$250,000 for accounts receivable not
at the described premises.
2. Backup or Overflow of a Sewer, Drain or
Sump
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Backup or Overflow of a Sewer, Drain or
Sump
(3)
391-1448 08 16
Limit
Included
Included
Hanover
Insurance Group..
OB3 D820387 1001051
$1,000,000
$10,000 per person
180 Days
75 Feet
Included
Page
15 15
16 16
16 17
17 17
(1) We will pay for direct physical loss or
damage to Covered Property at the
described premises, solely caused by
or resulting from water or waterborne
material carried or moved by water
that backs up or overflows or is
otherwise discharged from a sewer,
drain, sump, sump pump or related
equipment. The term drain includes a
roof drain and its related fixtures.
(2) For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, B. Exclusions, g. Water,
paragraph (3) is deleted.
Payment under this Additional
Coverage is included within the
applicable Limit of Insurance for
Covered Property at a premises
described in the Declarations. This
Additional Coverage does not
increase the Limits of Insurance.
(4) Special Sewer Backup Exclusion
We will not pay for:
(a) Loss or damage from water or
other materials that back-up or
overflow from any sewer or drain,
sump, sump pump or related
equipment when it is caused by or
results from any "flood",
regardless of the proximity of the
back-up or overflow to the "flood"
condition; or
(b) Failure to keep a sump pump or
its related equipment in proper
working condition; or
(c) Failure to perform routine
maintenance or repair necessary
to keep a sewer or drain free from
obstructions.
(3)
3. Brands and Labels
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 17
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:
Brands and Labels
(1) If Covered Property that has a brand
or label is damaged by a Covered
Cause of Loss and we elect to take
all or any part of the damaged
property at an agreed or appraised
value, you may extend the insurance
that applies to your Business
Personal Property to:
(a) Pay expenses you incur to:
(i)
Remove the brand or label
and then relabel the damaged
property to comply with any
applicable law; or
(ii) Label or stamp the damaged
property Salvage, if doing so
will not physically damage the
property.
(b) Cover any reduction in the
salvage value of the damaged
property as a result of the
removal of the brand or label.
(2) Payment under this Extension is
included within the Limit of Insurance
applicable to your Business Personal
Property.
4. Business Income Billable Hours Option
The following is added to SECTION I -
PROPERTY, A. Coverage, E. Property
Loss Conditions, 5. Loss Payment:
Business Income Billable Hours Option
(1) At your option you may choose to
settle a covered Business Income
and Extra Expense loss, as described
under the Business Income, Extra
Expense and Utility Services
Additional Coverages, on a billable
hours basis. If you choose this
settlement method, the billable hours
will be verified through review of your
historical financial records or based
on an average of your billable hourly
rate over the past 12 months.
(2) This loss settlement option is only
available to you prior to your
submission to us of calculations
described under SECTION I -
PROPERTY, A. Coverage, 5.
Additional Coverages, f. Business
Income.
If you choose this option, SECTION I -
PROPERTY, A. Coverage, 5.
Additional Coverages, f. Business
Income, paragraph (c) is replaced by
the following:
(c) Business Income means the:
(3)
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(i) Income that would have been
generated from billable hours
normally charged by you to
your clients for services
performed by you or your
employees if no physical loss
or damage occurred;
(ii) Other income of your business
that would have been incurred
if no physical loss or damage
occurred;
(iii) Continuing normal operating
expenses incurred, including
"payroll expenses". However,
if your business is not
generating any income
because you are primarily in
research or development or
have not yet brought your
product to market, your
continuing normal operating
expenses, including "payroll
expenses" will not be offset by
the Net Loss; and
(iv) "Rental Value".
For manufacturing risks, Net
Income includes the net sales
value of production.
(4) For any occurrence, the two
available methods for adjusting
and calculating Business Income
and Extra Expense loss may not
be combined. When the
alternative billable hours approach
described above is selected, the
maximum coverage under this
loss settlement option is $25,000
on an actual loss sustained basis.
5. Business Income and Extra Expense -
Dependent Properties
The heading for SECTION I - PROPERTY,
A. Coverage, 5. Additional Coverages, m.
Business Income from Dependent
Properties is replaced by the following:
m. Business Income and Extra Expense
from Dependent Properties
The following is added to Business
Income and Extra Expense from
Dependent Properties:
We will pay the necessary Extra
Expense you incur due to direct
physical loss of or damage to
"dependent property" caused by or
resulting from a Covered Cause of
Loss.
The definition of Extra Expense for this
Additional Coverage is replaced by
the following:
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Extra Expense means necessary
expenses you incur during the "period
of restoration" for the "dependent
property" that you would not have
incurred if there had been no direct
physical loss or damage to the
premises of any "dependent property"
caused by or resulting from a
Covered Cause of Loss:
(1) To avoid or minimize the
"suspension" of business and to
continue "operations"; or
(2) To minimize the "suspension" of
business if you cannot continue
"operations".
We will reduce the amount of your
Extra Expense loss to the extent
you can return "operations" to
normal and discontinue such
Extra Expense.
Paragraph (2) of this Additional
Coverage is replaced by the
following:
(2) The most we will pay under
this Additional Coverage is
$100,000 per occurrence,
regardless of the number of
"dependent properties"
affected.
6. Transit Business Income and Extra
Expense
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Transit Business Income and Extra
Expense
(1) We will pay the actual loss of
Business Income you sustain and
necessary and reasonable Extra
Expense you incur caused by direct
physical Toss of or direct physical
damage to Covered Property while "in
transit" caused by or resulting from a
Covered Cause of Loss.
(2) SECTION I - PROPERTY, B.
Exclusions, paragraphs 1.b Earth
Movement and 1.g Water do not apply
to this Additional Coverage:
The most we will pay for loss in any
one occurrence under this Additional
Coverage is $50,000.
(4) The amount payable under this
Additional Coverage is additional
insurance.
7. Business Income from Websites
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
(3)
(3)
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Business Income from Websites
(1) You may extend this insurance to
apply to a "suspension" of
"operations" caused by direct
physical loss or damage to
property that you depend on for
"web site and communications
services" from a Covered Cause of
Loss.
(2) We will not pay for any loss of
Business Income you incur during
the first 12 hours that immediately
follows the time when you first
discovered the Covered Cause of
Loss. This Waiting Period does not
apply to Extra Expense.
The most we will pay for the actual
loss of Business Income and
necessary and reasonable Extra
Expense in any one occurrence
under this Additional Coverage is
$50,000 and only for the 7 -day
period immediately following the
Covered Cause of Loss.
(4) Coverage does not apply to
Websites unless there is a
duplicate or back-up copy of your
Web Page stored at a location that
is at least 1,000 feet away from the
premises of the vendor that
provides "web site and
communications services".
"Web Site and Communication
Services" means:
(a) Internet access, e-mail, web
hosting, value added network
services and application
software services at the
premises of others; or
(b) Network and router
infrastructure located more
than 1,000 feet from the
described premises.
b. This Additional Coverage is not subject
to SECTION I - PROPERTY, C. Limits of
Insurance.
8. Civil Authority
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, i. Civil Authority,
paragraph (2) is replaced by the following:
(2) Civil Authority Coverage for Business
Income will begin 24 hours after the
time of the first action of civil authority
that prohibits access to the described
premises and will end:
(a) Four consecutive weeks after the
time of that action; or
(b) When your Civil Authority Coverage
for Business Income ends;
(3)
(5)
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whichever is later.
9. Computer Equipment
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, r. Computer
Equipment, paragraph (6) is replaced by
the following:
(6) Regardless of the number of insured
locations involved, the most we will
pay for loss or damage under this
Additional Coverage in any one
occurrence is the applicable Limit of
Insurance for Covered Property at the
premises described in the
Declarations. .
The most we will pay for loss or
damage under this Additional
Coverage to property described in
paragraphs (1) and (2) above in any
one occurrence while "in transit" or at
a premises other than the described
premises is $100,000.
The most we will pay for loss or
damage under this Additional
Coverage to property described in
paragraphs (1) and (2) above in any
one occurrence for property that you
newly acquire is $100,000.
With respect to newly acquired
property under this Additional
Coverage, coverage will end when any
of the following occurs:
(a) The policy expires;
(b) 180 days after you acquire the
property listed in (1)(a - d);
(c) You report values to us.
The most we will pay for Extra
Expense is $5,000 or the amount
shown in the Additional Property
Coverage Schedule in any one
occurrence.
This Additional Coverage is not
subject to SECTION I - PROPERTY, C.
Limits of Insurance.
10. Computer and Funds Transfer Fraud
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, hh. Computer and
Funds Transfer Fraud, paragraph (3) is
replaced by the following:
(3) The most we will pay per occurrence
under this Additional Coverage is
$10,000 unless a higher Limit of
Insurance is shown in the Schedule of
Amended Limits of Insurance.
11. Consequential Loss to Stock
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:
Consequential Loss to Stock
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(1) You may extend the insurance that
applies to your Business Personal
Property to apply to the reduction in
value of the remaining parts of "stock"
in process of manufacture that are
physically undamaged but are
unmarketable as a complete product
because of direct physical loss or
damage from a Covered Cause of Loss
to other parts of covered "stock" in
process of manufacture at an insured
location.
(2) Should it be determined that such
"stock" retains only a salvage value,
we retain the option of paying the full
value of the "stock" as agreed within
this policy, and taking the damaged
property for salvage purposes.
Payment under this Coverage
Extension is included within the
applicable Limit of Insurance.
12. Contract Penalties
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Contract Penalties
(1) We will pay for contract penalties you
are required to pay due to your failure
to provide your product or service
according to contract terms because of
direct physical loss or damage by a
Covered Cause of Loss to Covered
Property.
(2) The most we will pay for all penalties
in any one occurrence is $25,000.
The amount payable under this
Additional Coverage is additional
insurance.
13. Denial of Access to Premises
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Denial of Access to Premises
(1) We will pay for the actual loss of
Business Income you sustain and
necessary Extra Expense you incur
when ingress to or egress from the
described premises is prevented, due
to direct physical loss of or damage to
property that is away from but within
2000 feet of the described premises,
caused by or resulting from any
Covered Cause of Loss covered under
this policy.
(2) The coverage for Business Income will
begin 72 hours after the loss or
damage to the premises that causes
the denial of access and will apply for
(3)
(3)
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(3)
a period of up to 30 consecutive days
after coverage begins.
The coverage for Extra Expense will
begin immediately after the loss or
damage to the premises that causes
the denial of access and will end:
(a) 30 consecutive days after
coverage begins; or
(b) When your Business Income
coverage ends;
whichever is earlier.
(4) The definitions of Business Income
and Extra Expense contained in the
Business Income Additional Coverage
and the Extra Expense Additional
Coverage also apply to this Denial of
Access to Premises Additional
Coverage.
14. Electronic Vandalism
SECTION I - Property, A. Coverage, 5.
Additional Coverages, dd. Electronic
Vandalism, paragraph (3) is replaced by
the following:
(3)
The most we will pay for loss of or
damage to computer "hardware" or
"software" in any one occurrence
under this Additional Coverage is
$5,000. The most we pay for all
covered losses to computer
"hardware" or "software" under this
Additional Coverage during each
separate 12 -month period of this
policy is $100,000.
The most we will pay under this
Additional Coverage for all loss or
damage sustained in any one policy
year, regardless of the number of
occurrences of loss or damage or the
number of premises, locations or
computer systems involved, is
$100,000, unless a higher Limit of
Insurance is shown in the
Declarations. If loss payment on the
first occurrence does not exhaust this
amount, then the balance is available
for subsequent loss or damage
sustained in, but not after, that policy
year. With respect to an occurrence
which begins in one policy year and
continues or results in additional loss
or damage in a subsequent policy
year(s), all loss or damage is deemed
to be sustained in the policy year in
which the occurrence began.
15. Employee Theft Including ERISA
Compliance
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, p. Employee Theft
Including ERISA, paragraph (6), is
replaced by the following:
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(6) The most we will pay for all loss
resulting directly from an occurrence is
$50,000. Regardless of the number of
years this policy remains in force or the
number of premiums paid, no Limit of
Insurance cumulates from year to year.
16. Expediting Expenses
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Expediting Expenses
(1) When a Covered Cause of Loss occurs
to Covered Property, we will pay for the
reasonable and necessary additional
expenses you incur to:
(a) Make temporary repairs;
(b) Expedite permanent repair or
replacement of damaged property;
or
(c) Provide training on replacement
machines or equipment.
(2) The most we will pay for loss under this
Additional Coverage in any one
occurrence is $25,000.
The amount payable under this
Additional Coverage is additional
insurance.
17. Extended Business Income
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, f. Business Income,
(2) Extended Business Income, (a) Extended
Business Income - Other Than Rental Value,
paragraph (ii) and (b) Extended Business
Income - Rental Value, paragraph (ii) are
replaced by the following:
(a) Extended Business Income - Other Than
Rental Value
(ii) Ends on the earlier of:
1) The date you could restore
your operations, with
reasonable speed, to the level
which would generate the
business income amount that
would have existed if no direct
physical loss or damage had
occurred; or
2) 90 consecutive days after the
date determined in (2)(a)(i)
above.
(b) Extended Business Income - Rental
Value
(ii) Ends on the earlier of:
1) The date you could restore
tenant occupancy, with
reasonable speed, to the level
which would generate the
"Rental Value" that would have
(3)
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existed if no direct
physical loss or damage had
occurred; or
2) 90 consecutive days after the
date determined in (2)(b)(i)
above.
18. Fine Arts
a. SECTION I - PROPERTY, A. Coverage,
6. Coverage Extensions, x. Fine Arts,
paragraph (3) is replaced by the
following:
(3) The most we will pay for loss
under this Additional Coverage is
$100,000 per occurrence
regardless of the number of
locations or buildings involved.
b. For the purpose of this Additional
Coverage, SECTION I - PROPERTY, G.
Property Definitions, 21. "Fine Arts" is
replaced by the following:
21. "Fine Arts" means architectural
models, paintings, etchings,
pictures, tapestries, rare art glass,
art glass windows, valuable rugs,
statuary, sculptures, "antique"
furniture, "antique" jewelry,
bric-a-brac, porcelains, and
similar property of rarity, historical
value, or artistic merit.
19. Forgery or Alteration
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, k. Forgery or
Alteration, paragraph (5) is replaced by
the following:
(5) The most we will pay for any loss,
including legal expenses, under this
Additional Coverage is $50,000.
20. Hired Auto - Physical Damage
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Hired Auto - Physical Damage Coverage
(1) We will pay for loss to an "auto" you
or an "employee", at your direction,
lease, hire or rent without a driver for
a period of 30 days or less for the
purpose of conducting customary
operations for your business. This
does not include any "auto" you lease,
hire or rent from any of your
"employees" or members of their
households.
We will pay for loss to a covered
"auto" or its equipment caused by:
(a) Comprehensive coverage
From any cause except:
(i) The covered "auto's" collision
with another object; or
391-1448 08 16
(ii) The covered "auto's" overturn.
(b) Collision coverage
(i) The covered "auto's" collision
with another object; or
(ii) The covered "auto's" overturn.
(2) For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, A. Coverage, 2. Property
Not Covered, paragraph a. is replaced
by the following:
a. Aircraft, automobiles, motortrucks
and other vehicles subject to motor
vehicle registration and:
(1) Any "auto" as described in
paragraph (1) above, while
used in any professional or
organized racing or demolition
contest or stunting activity, or
while practicing for such
contest or activity;
(2) Tapes, records, discs or other
similar audio, visual or data
electronic devices designed for
use with audio, visual or data
electronic equipment;
Any device designed or used to
detect speed measuring
equipment such as radar or
laser detectors and any
jamming apparatus intended to
elude or disrupt speed
measurement equipment; or
(4) Any electronic equipment,
without regard to whether this
equipment is permanently
installed, that receives or
transmits audio, visual or data
signals and that is not
designed solely for the
reproduction of sound.
For the purpose of this Additional
Coverage only, SECTION I -
PROPERTY, B. Exclusions does not
apply with the exception of the
following exclusions:
(a) 1.d. Nuclear Hazard;
(b) 1.f. War and Military Action
For the purpose of this Additional
Coverage only, the following
exclusions are added to SECTION I -
PROPERTY, B. Exclusions:
1. We will not pay for loss to a
covered "auto" caused by or
resulting from someone causing
you to voluntarily part with the
"auto" by trick or scheme or under
false pretenses; or
(3)
(3)
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2. We will not pay for loss caused by
or resulting from wear and tear,
freezing; mechanical or electrical
breakdown; blowouts, punctures
or other road damage to tires.
(4) For the purpose of this Additional
Coverage only, the following is added
to SECTION I - PROPERTY, C. Limits
of Insurance:
Hired Auto Physical Damage Limits of
Insurance
The most we will pay for loss to any
one covered "auto" is the lesser of:
a. The actual cash value of the
damaged or stolen property as of
the time of loss;
b. The cost of repairing or replacing
the damaged or stolen property
with other property of like kind
and quality; or
c. $50,000.
The following is added to SECTION I -
PROPERTY, D. Deductibles,
paragraph 5.:
Hired Auto - Physical Damage
(6) For the purpose of this Additional
Coverage only, the following is added
to SECTION I - PROPERTY, G.
Property Definitions:
1. "Auto" means a land motor
vehicle, trailer or semitrailer that
is subject to motor vehicle
registration, or designed for travel
on public roads, including any
attached machinery or equipment.
The amount payable under this Additional
Coverage is additional insurance.
This coverage is excess to any other valid
insurance whether collectible or not.
21. Identity Theft Expense Reimbursement
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Identity Theft Expense
(1) We will pay for "expenses" incurred
by an "insured person" as a direct
result of any one "Identity Theft" first
discovered or learned of by such
"insured person" during the policy
period.
Any act or series of acts committed by
one or more persons, or in which
such persons are aiding and abetting
others against an "insured person", is
considered to be one "identity
theft" even if a series of acts
(5)
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continues into subsequent policy
period(s).
(2) With respect to this Additional
Coverage:
(a) "Expenses" means:
(i)
Costs for notarizing affidavits
or similar documents attesting
to fraud required by financial
institutions or similar credit
grantors or credit agencies;
(ii) Costs of certified mail to law
enforcement agencies, credit
agencies, financial institutions
or similar credit agencies;
(iii) Lost income resulting from:
1) Time taken off work to
complete fraud affidavits;
or
2) Meeting or talking to law
enforcement agencies,
credit agencies or legal
counsel.
(iv) Loan application fees for
reapplying for a loan or loans
when the original application is
rejected solely because the
lender received incorrect credit
information;
(v) Reasonable attorney fees to:
1) Defend lawsuits brought
against an "insured person"
by merchants, financial
institutions or their
collection agencies;
2) Remove any criminal or
civil judgments wrongly
entered against an
"insured person"; or
3) Challenge the accuracy or
completeness of any
information in a consumer
credit report;
(vi) Charges for long distance
telephone calls due to "Identity
theft" to:
1) Merchants;
2) law enforcement agencies;
3) Financial institutions or
other similar credit
grantors; or
4) Credit agencies
(vii)Reasonable fees for
professional financial advice or
professional credit advice.
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(3)
The most we will pay for
"expenses" under paragraph (2)
(a) is $5,000, subject to a
maximum of $200 per day.
(b) For purposes of this Additional
Coverage, "identity theft" means:
The act of knowingly transferring
or using, without lawful authority,
a means of identification of an
"insured person" with the intent to
commit, or to aid or abet another
to commit, any unlawful activity
that constitutes a violation of
Federal law or a felony under any
applicable state or local law; and
(c) "Insured person" means:
(i)
For sole proprietorships: The
individual who is the sole
proprietor of the Named
Insured shown in the
Declarations;
(ii) For partnerships: Any
individual that is a partner of
the Named Insured shown in
the Declarations;
(iii) For corporations or any other
type of organization: The
Chief Executive Officer, and
any individual who has an
ownership interest of at least
20% of the Named Insured,
shown in the Declarations.
The following additional exclusions
apply to this Additional Coverage:
We will not pay for:
(a) Expenses incurred due to any
fraudulent, dishonest or criminal
acts by:
(i) An "insured person";
(ii) Any person aiding or abetting
an "insured person"; or
(iii) Any authorized representative
of an "insured person";
whether acting alone or in
collusion with others; or
(b) Loss other than "expenses".
Account balances which arise out
of fraudulent or unauthorized
charges would be one example of
loss other than "expenses".
(4) Regardless of the amount of the
deductible for Covered Property
shown in the Declarations, the most
we will deduct from any claim for
"expenses" under this Additional
Coverage for any one "identity theft"
is $250.
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(5)
The most we will pay under this
Additional Coverage for all "Expenses"
arising out of all "Identity Theft" against
an "Insured Person" incurred in any
one policy year, regardless of the
number of "Identity Thefts" involved, is
$15,000 unless a higher Limit of
Insurance is shown in the Declarations.
(6) In order for coverage to be provided
under this Additional coverage, you
must send to us, within 60 days after
our request, receipts, bills or other
records that support your claim for
"expenses" under "identity theft"
coverage.
22. Interruption of Computer Operations
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, ee. Interruption of
Computer Operations, paragraph (3) is
replaced by the following:
(3) The most we will pay under this
Additional Coverage - Interruption of
Computer Operations for all loss
sustained and expense incurred in any
one policy year, regardless of the
number of interruptions or the number
of premises, locations or computer
systems involved is:
(a) $500,000 unless a higher Limit of
Insurance is shown in the
Declarations. If loss payment
relating to the first interruption
does not exhaust this amount, then
the balance is available for loss or
expense sustained or incurred as a
result of subsequent interruptions
in that policy year. A balance
remaining at the end of a policy
year does not increase the amount
of insurance in the next policy
year. With respect to any
interruption which begins in one
policy year and continues or
results in additional loss or
expense in a subsequent policy
year(s), all loss and expense is
deemed to be sustained or
incurred in the policy year in which
the interruption began.
(b) $25,000 in any one occurrence for
interruptions covered under
paragraphs (1) and (2) above for
loss arising out of a Covered
Cause of Loss occurring away from
the described premises. This per
occurrence limit applies regardless
of the number of premises
involved.
(c) $50,000 for all losses arising out of
interruptions covered under
paragraphs (1) and (2) that arise
out of a Covered Cause of Loss
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occurring away from the described
premises during each separate 12
month period of this policy.
23. Marring and Scratching
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:
Marring and Scratching
(1) You may extend the insurance that
applies to Business Personal Property
to apply to damage caused directly by
sudden and accidental marring and
scratching of:
(a) Your "stock";
(b) Your printing plates; or
(c) Property of others that is in your
care, custody or control.
(2) This Coverage Extension does not
apply to:
(a) Property at other than the
described premises; or
(b) Personal Property in transit.
Payment under this Coverage
Extension is included within Limit of
Insurance applicable to your Business
Personal Property.
24. Money and Securities
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, s. Money and
Securities, paragraph (5) is replaced by
the following:
(5) The most we will pay for loss in any
one occurrence is:
(a) $25,000 or the amount shown in
the Additional Property Coverage
Schedule Inside the Premises for
"money" and "securities" while:
(3)
(i)
(ii)
In or on the described
premises; or
Within a bank or savings
institution in the coverage
territory; and
(b) $25,000 or the amount shown in
the Additional Property Coverage
Schedule Outside the Premises
for "money" and "securities" while
at any other location listed in (1)
above and while in the coverage
territory.
25. Money Orders and Counterfeit Money
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, j. Money Orders
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and Counterfeit Money, paragraph (3) is
replaced by the following:
(3) The most we will pay for any loss
under this Additional Coverage is
$25,000.
26. Newly Acquired or Constructed Property -
Business Income and Extra Expense
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, a. Newly Acquired or
Constructed Property, paragraph (3) is
replaced by the following:
(3) Business Income and Extra Expense
You may extend the insurance that
applies to Business Income and Extra
Expense to apply to property at any
location you acquire. The most we will
pay for loss or damage under this
Extension is $500,000 at each
premises.
27. Ordinance or Law - Demolition Cost and
Increased Cost of Construction
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, I. Ordinance or Law,
(5) Loss Payment, paragraph (d) is
replaced by the following:
(d) The most we will pay for the total of all
covered losses for Demolition Cost and
Increased Cost of Construction for
each building described in the
Declarations is $25,000 or the amount
shown in the Additional Property
Schedule. If a damaged building(s) is
covered under a Blanket Limit of
Insurance and the Blanket Limit of
Insurance applies to more than one
building or item of property, then the
most we will under this Additional
Coverage, for each building, is $25,000,
or the amount shown in the Additional
Property Coverage Schedule.
28. Ordinance or Law - Increased Period of
Restoration
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law,
paragraph (4) Coverage:
If a Covered Cause of Loss occurs to
property at the premises described in
the Declarations, coverage is extended
to include the amount of actual and
necessary loss you sustain during the
increased period of "suspension" of
"operations" caused by or resulting
from the enforcement of any ordinance
or law that:
(a) Regulates the construction or
repair of any property;
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(b) Requires the tearing down of parts
of any property not damaged by a
Covered Cause of Loss; and
(c) Is in force at the time of loss.
However, coverage is not extended
under this endorsement to include
loss caused by or resulting from the
enforcement of any ordinance or law
which requires:
(d) The demolition, repair,
replacement, reconstruction,
remodeling or remediation of
property due to contamination by
"pollutants" or due to the
presence, growth, proliferation,
spread or any activity of "fungi",
wet or dry rot or bacteria; or
(e) Any insured or others to test for,
monitor, clean up, remove,
contain, treat, detoxify or
neutralize, or in any way respond
to, or assess the effects of
"pollutants", "fungi", wet or dry rot
or bacteria.
b. The following is added to SECTION I -
PROPERTY, A. Coverage 5. Additional
Coverages, I. Ordinance or Law, (5)
Loss Payment, paragraph (c):
The most we will pay for loss under
Increased Period of Restoration in any
one occurrence is $50,000 for each
described building shown in the
Declarations or the amount shown in
the Additional Property Coverage
Schedule. If a damaged building(s) is
covered on a blanket Limit of
Insurance which applies to more than
one building or item of property, then
the most we will pay for Increased
Period of Restoration for each
described building in any one
occurrence is $50,000.
29. Ordinance or Law (Tenant's Improvement
Extension)
a. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law,
paragraph (4) Coverage:
Coverage provided under paragraphs
(a), (b) and (c) above applies to
tenant's improvements and
betterments but only if a Limit of
Insurance is shown in the Declarations
for Business Personal Property.
Business Personal Property must be
insured on a replacement cost basis.
This extension is provisional and
excess to any other valid insurance
for tenant's improvements and
betterments whether collectible or not.
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b. The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages, I. Ordinance or Law, (5)
Loss Payment, paragraph (c):
Regardless of the number of locations
insured or buildings involved, the most
we will pay for any loss to tenant's
improvements and betterments under
this Additional Coverage in any one
occurrence is $25,000.
30. Outdoor Property
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, c. Outdoor Property,
paragraph (3) is replaced by the following:
(3) Regardless of the number of described
premises involved, the most we will
pay for loss or damage under this
Extension, including debris removal
expense, is $25,000, but not more than
$1,000 for any one tree, shrub or plant.
31. Personal Effects
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, d. Personal Effects,
paragraph (3) is replaced by the following:
(3) The most we will pay for loss or
damage under this Extension is $75,000
at each described premises.
32. Portable Electronic Devices Coverage
Worldwide
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Portable Electronic Devices Coverage
Worldwide
(1) We will pay for loss or damage caused
by or resulting from a Covered Cause
of Loss to portable electronic devices
while anywhere in the world, including
while "in transit".
(2) For the purpose of this Additional
Coverage, the following is added to
SECTION I - PROPERTY, G. Property
Definitions:
Portable electronic devices includes
laptops, tablets, e -readers,
smartphones or other lightweight,
hand-held or wearable devices capable
of storing, retrieving and processing
data.
(3) This coverage is provided when the
property is owned by you or owned by
others when in your or your
"employees- care, custody or control,
subject to SECTION I - PROPERTY, E.
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Property Loss Conditions, 5. Loss
Payment, paragraph d.(3)(b).
(4) We will not pay for loss or damage to
portable electronic devices when
caused by, resulting from, or arising
out of "theft" or unexplained loss
when the property is checked
baggage with a carrier for transit.
The provisions for a Business Income
loss will be governed by the terms of
SECTION I - PROPERTY, A. Coverage,
5. Additional Coverages, f. Business
Income except:
(a) There is no requirement that a
loss occur within 1,000 feet or at
the described premises as stated
in paragraph (1)(a); and
(b) The following are not included
under this Additional Coverage:
(i) Continuing normal operating
expenses incurred, including
"payroll expense";
(ii) Extended Business Income.
(6) The provisions for Extra Expense loss
will be governed by the terms of
SECTION I - PROPERTY, A. Coverage,
5. Additional Coverages, g. Extra
Expense except:
(a) There is no requirement that a
loss occur within 1,000 feet or at
the described premises as stated
in paragraph g.(1) and g.(2).
Limitations, item b. does not apply to
this Additional Coverage.
(8) SECTION I - PROPERTY, B.
Exclusions, 5. Business Income and
Extra Expense Exclusions, paragraph
(4) does not apply to this Additional
Coverage.
Regardless of the number of lost or
damaged portable electronic devices,
the most we will pay per occurrence
including actual loss of Business
Income you sustain and necessary
Extra Expense you incur, is $10,000.
(10)The amount payable under this
Additional Coverage is additional
insurance.
33. Precious Metal Theft Payment Changes
SECTION I - PROPERTY, A. Coverage, 4.
Limitations, paragraph c. is replaced by
the following:
c. For loss or damage by "theft", the
following types of property are
covered only up to the limits shown:
(5)
(7)
(9)
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(3)
Hanover
Insurance Group..
OB3 D820387 1001051
$10,000 for furs, fur garments and
garments trimmed with fur.
$10,000 for jewelry, watches, watch
movements, jewels, pearls,
precious and semi-precious stones.
This limit does not apply to jewelry
and watches worth $250 or less per
item.
$25,000 for bullion, gold, silver,
platinum and other precious alloys
or metals.
34. Preservation of Property - Expense
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Preservation of Property - Expense
(1) If it is necessary to move Covered
Property from the described premises
to preserve it from loss or damage by
a Covered Cause of Loss, we will pay
your expenses to move or store the
Covered Property.
(2) This coverage applies for 90 days after
the property is first moved, but does
not extend past the date on which this
policy expires.
(3) The most we will pay under this
Additional Coverage is $25,000.
This Additional Coverage is an additional
amount of insurance.
35. Personal Property in Transit
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, i. Personal Property
in Transit, paragraph (5) is replaced by the
following:
(5) Payment under this Coverage
Extension is included within the Limit of
Insurance applicable to your Business
Personal Property
36. Sales Representative Samples
SECTION I - PROPERTY, 5. Additional
Coverages, y. Sales Representative
Samples, paragraph (3) is replaced by the
following:
(3) The most we will pay for any loss or
damage under this Additional
Coverage is $25,000.
37. Temporary Relocation of Property
The following is added to SECTION I -
PROPERTY, A. Coverage, 5. Additional
Coverages:
Temporary Relocation of Property
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(1) We will pay for loss of or damage to
Covered Property from a Covered
Cause of Loss while it is away from
the described premises, if it is being
stored temporarily at a location you do
not own, lease or operate while the
described premises is being renovated
or remodeled.
(2) This coverage applies for 90 days after
the property is first moved, but does
not extend past the date on which this
policy expires.
The most we will pay under this
Additional Coverage is $50,000.
(4) The amount payable under this
Additional Coverage is additional
insurance.
38. Tenant Signs
SECTION I - PROPERTY, A. Coverage, 5.
Additional Coverages, t. Tenant Signs,
paragraph (4) is replaced by the following:
(4) The most we will pay for loss or
damage in any one occurrence is the
Limit of Insurance for Business
Personal Property shown in the
Declarations.
39. Utility Services (Including
Transmission Lines)
a. SECTION I - PROPERTY, A. Coverage,
5. Additional Coverages, bb. Utility
Services, paragraphs (1) and (2) are
replaced by the following:
(1) We will pay for Toss of or damage
to Covered Property caused by an
interruption in service to the
described premises. The
interruption must result from direct
physical Toss or damage by a
Covered Cause of Loss to property
not on the described premises that
provides the services shown in
paragraph (3) below.
The most we will pay for Toss in
any one occurrence under this
Additional Coverage is $25,000 at
each described premises or the
Limit of Insurance shown in the
Additional Property Coverage
Schedule.
(2) We will pay for the actual Toss of
Business Income you sustain and
necessary Extra Expense you incur
caused by the interruption of
service at the described premises.
The interruption must result from
direct physical Toss or damage by
a Covered Cause of Loss to
property not on the described
premises that provides the
services shown in paragraph (3)
(3)
Overhead
391-1448 08 16
below.
We will only pay for loss you
sustain after the first 24 hours
following the direct physical loss or
damage to the property described
above.
The most we will pay for loss in
any one occurrence under this
Additional Coverage is $25,000 at
each described premises or the
Limit of Insurance shown in the
Additional Property Coverage
Schedule.
b. SECTION I - PROPERTY, A. Coverage,
5. Additional Coverages, bb. Utility
Services, paragraph (4) is deleted.
40. Valuable Papers and Records (Other Than
Electronic Data)
SECTION I - PROPERTY, A. Coverage, 6.
Coverage Extensions, e. Valuable Papers
and Records (Other Than Electronic Data),
paragraphs (2) and (3) are replaced by the
following:
(2) The most we will pay under this
Coverage Extension for loss or
damage to "valuable papers and
records" in any one occurrence at the
described premises is $100,000.
The most we will pay under this
Coverage Extension for loss or
damage to "valuable papers and
records" in any one occurrence not at
the described premises is $100,000.
41. Worldwide Property Off Premises
The following is added to SECTION I -
PROPERTY, A. Coverage, 6. Coverage
Extensions:
Worldwide Property Off -Premises
(1) You may extend the insurance that
applies to your Business Personal
Property and Personal Property of
Others to apply to that property while
it is temporarily outside the coverage
territory if it is:
(a) Temporarily at a location you do
not own, lease or operate;
(b) Temporarily on display or exhibit
at any fair, trade show or
exhibition;
(c) Samples of your "stock" in trade in
the custody of your sales
representatives; or
(d) While "in transit" between the
described premises and a location
described in (a), (b) or (c) above.
(2) The most we will pay for loss or
damage under this Extension is
$50,000.
(3)
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(3) This Extension provides an additional
amount of insurance.
SECTION II - LIABILITY
Paragraphs 2. through 8. amend coverage
provided under SECTION II - LIABILITY.
1. Additional Insured by Contract, Agreement or
Permit - Amended
For purposes of the coverage provided by this
endorsement, Coverage 1. Additional Insured
by Contract, Agreement or Permit,
subparagraph c. (5) of the Businessowners
Liability Special Broadening Endorsement is
replaced by the following:
This provision does not apply to:
(5)
All professional liability as an
architect or engineer arising out of
any construction agreement or
activities under which any insured or
anyone acting on any insured's behalf
provides or provided service, advice,
expertise or work. Construction
includes, but is not limited to, the
plan, conception, design, build,
construct, assembly, development,
safety, erection, formation,
reconstruct, rehabilitation, repair, or
any improvement made to real
property. Construction also includes
the hiring, supervision or
management of any of these
activities. However, this exclusion
does not apply to liability arising out
of an insured's presence at a jobsite
that was not caused by professional
activities listed in the above
paragraph.
This exclusion applies even if the
claims against any insured allege
negligence or other wrongdoing in the
supervision, hiring, employment,
training or monitoring of others by
that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage" or the offense which caused
the "personal and advertising injury"
involved professional liability as an
architect or engineer arising out of
any construction agreement or
activities under which any insured or
anyone acting on any insured's behalf
provides or provided service, advice,
expertise or work.
2. Additional Insured by Contract, Agreement or
Permit - Primary and Non-contributory
a. The following is added to SECTION III -
COMMON POLICY CONDITIONS
(APPLICABLE TO SECTION I - PROPERTY
AND SECTION II - LIABILITY), paragraph
H. Other insurance:
Additional Insured - Primary and
391-1448 08 16
Hanover
Insurance Group..
OB3 D820387 1001051
Non -Contributory
If you agree in a written contract, written
agreement or permit that the insurance
provided to any person or organization
included as an Additional Insured under
SECTION II - LIABILITY, C. Who is an
Insured, is primary and non-contributory,
the following applies:
If other valid and collectible insurance is
available to the Additional Insured for a
loss covered under SECTION II -
LIABILITY of this Coverage Part, our
obligations are limited as follows:
(1) Primary Insurance
This insurance is primary to other
insurance that is available to the
Additional Insured which covers the
Additional Insured as a Named
Insured. We will not seek contribution
from any other insurance available to
the Additional Insured except:
(a) For the sole negligence of the
Additional Insured;
(b) When the Additional Insured is an
Additional Insured under another
primary liability policy; or
(c) When b. below applies.
If this insurance is primary, our
obligations are not affected unless any
of the other insurance is also primary.
Then, we will share with all that other
insurance by the method described in
c. below.
(2) Excess Insurance
(a) This insurance is excess over any
of the other insurance, whether
primary, excess, contingent or on
any other basis:
(i)
That is Fire, Extended
Coverage, Builder's Risk,
Installation Risk or similar
coverage for "your work";
(ii) That is Fire insurance for
premises rented to the
Additional Insured or
temporarily occupied by the
Additional Insured with
permission of the owner;
(iii) That is insurance purchased by
the Additional Insured to cover
the Additional Insured's liability
as a tenant for "property
damage" to premises rented to
the Additional Insured or
temporarily occupied by the
Additional with permission of
the owner; or
(iv) If the loss arises out of the
maintenance or use of aircraft,
Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 17
(3)
"autos" or watercraft to the
extent not subject to Exclusion
g. of SECTION II - LIABILITY.
B. Exclusions, 1. Applicable to
Business Liability Coverage.
(v) That is insurance available to
you for your participation in
any past or present "unnamed
joint venture".
(vi) That is any insurance you may
have that provides coverage
for your professional services.
(b) When this insurance is excess, we
will have no duty 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.
(c) 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:
(i) The total amount that all such
other insurance would pay for
the loss in the absence of this
insurance; and
(ii) 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.
Method of Sharing
If all of 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.
b. For the purposes of coverage provided
under this endorsement, the following
definition is added to SECTION II -
391-1448 08 16
LIABILITY, F. Liability and Medical Expense
Definitions:
1. "Unnamed joint venture" means any
joint venture in which you are a
member or partner where:
a. Each and every one of your
co -ventures in that joint venture is
a hair salon.
b. That joint venture is not.
3. Aggregate Limit of Insurance (Per Project)
a. For purposes of the coverage provided by
this endorsement, the following is added to
SECTION II - LIABILITY, D. Liability and
Medical Expenses Limits:
The General Aggregate Limit under D.
Liability and Medical Expenses Limits of
Insurance applies separately to each of
"your projects" or each location listed in
the Declarations.
b. For purposes of the coverage provided by
this endorsement, the following definition
is added to SECTION II - LIABILITY, F.
Liability And Medical Expenses Definitions:
1. "Your project" means:
a. Any premises, site or location at,
on, or in which "your work" is not
yet completed; and
b. Does not include any location
listed in the Declarations.
4. Damage to Premises Rented To You - Revised
Limit
SECTION II - LIABILITY, D. Liability And
Medical Expenses Limits of Insurance,
paragraph 4. is replaced by the following:
4. The most we will pay under Business
Liability Coverage f or damages because
of "property damage" to any one premises,
while rented to you or while temporarily
occupied by you with permission of the
owner will be the greater of:
a. $1,000,000; or
b. The Limit of Insurance f or Damage to
Premises Rented To You shown in the
Declarations.
5. Limits of Insurance - Medical Expenses
For purposes of the coverage provided by this
endorsement, SECTION II - LIABILITY, D.
Liability and Medical Expenses Limits of
Insurance, paragraph 3. is replaced by the
following:
3. Subject to the Liability and Medical
Expenses Limits Limit, the most we will
pay for all medical expenses because of
"bodily injury" sustained by any one
person is $10,000 or the Medical Expenses
limit shown in the Declarations, whichever
is greater.
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6. Newly Acquired or Formed Organizations
SECTION II - LIABILITY, C. Who is An
Insured, paragraph 3. a. is replaced by the
following:
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.
7. Nonowned Watercraft
SECTION II - LIABILITY, B. Exclusions, 1.
Applicable to Business Liability Coverage, g.
Aircraft, Auto or Watercraft, (2) Aircraft (Other
Than Unmanned Aircraft), paragraph (b) is
replaced by the following:
(b) A watercraft you do not own that is:
(i) Less than 75 feet long; and
(ii) Not being used to carry persons or
property for a charge.
8. Who is an Insured - Unnamed Joint Venture
a. For purposes of the coverage provided by
this endorsement, the final paragraph of
SECTION II - LIABILITY, C. Who Is An
Insured is replaced by the following:
Unnamed Joint Venture
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. However, this does not
apply to you, for your participation in any
past or present "unnamed joint venture",
or if that person or organization is
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Hanover
Insurance Group..
OB3 D820387 1001051
otherwise an additional insured under
Additional Insureds - Unnamed Joint
Venture below.
b. For purposes of the coverage provided by
this endorsement, the following is added to
SECTION II - LIABILITY, C. Who is an
Insured:
Additional Insureds - Unnamed Joint
Venture:
You, as an insured for your participation in
any past or present "unnamed joint
venture". However, you are not an insured
if the "unnamed joint venture" has:
(1) Direct employees; or
(2) Owns, rents, or leases any real or
personal property.
No other member or partner, or their
spouses, of any past or present "unnamed
joint venture" is an insured.
c. For purposes of the coverage provided by
this endorsement, the following definition is
added to SECTION II - LIABILITY, F.
Liability And Medical Expenses Definitions:
1. "Unnamed joint venture" means any
joint venture in which you are a
member or partner where:
a. Each and every one of your
co -ventures in that joint venture is
an architectural, engineering or
surveying firm; and
b. That joint venture is not named in
the Declarations.
ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED.
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WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 as required by written contract.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/21/2023 Policy No. SWC1449782
Insured RHA Landscape Architects -Planners, Inc.
Insurance Company Security National Insurance Company
Countersigned by
WC 04 03 06
(Ed. 04-84)
Endorsement No. 0
Premium $