Contract No. 10636 (CCS)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement"), entered into as of ar 2018 ("Execution Date"), by and between the City of Santa Monica ("City") and IDS Group, Inc. ("IDS"), is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. IDS is qualified to do business, and is doing business, in the State of California. IDS represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and IDS now desire to enter into an agreement for IDS to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on December 31, 2020, unless sooner terminated in accordance with Section 14.
1.1. Option to Extend. The City, in its sole and complete discretion, shall have the option to renew this agreement for up to (1) additional (1) year period ("Extension Term"). The City may exercise its option by letter to the Contractor from its City Manager, and the exercise of the option shall automatically extend the term of this Agreement up through the extension period.
2. IDS Services. IDS will perform all of the services ("Services") described in Exhibit A, Scope of Services. IDS will complete the Services in accordance with Exhibit B, Budget.
3. City Services. The City agrees to:
3.1 Make available to IDS any currently existing documents, data or information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff review by IDS.
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4. Compensation. The City will compensate IDS for the Services performed in an amount not to exceed $525,000, as set forth in Exhibit B.
4.1 Extension Term. The compensation during the Extension Term, if any, shall be for $100,000. The total amount of compensation for Services Rendered during Original Term and the Extension Term, if any, shall not exceed $625,000 as set forth in Exhibit B.
5. Invoices. IDS will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt. All invoices must delineate the projects reviewed, hours charged to each project, and titles of staff performing each review during the invoiced period.
6. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
Building and Safety Division
City of Santa Monica
1685 Main St., Room 111
Santa Monica, California 90401
Attention: Kevin Purcell
Re: Contract No. 10636
with a copy to:
Santa Monica City Attorney's Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10636
6.2 All notices, demands, requests or approvals to IDS:
IDS Group
1 Peters Canyon Road
Suite 130
Irvine, CA 92606
Attention: Rami Elhassan
(949) 387-8500
Re: Contract No. 10636
7. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct - 2-
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of IDS or any of IDS's agents, employees, or subconsultants, except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and IDS, and approved as to form by the City Attorney.
9. Insurance. Prior to commencing work, IDS must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by IDS or IDS's agents, representatives, employees or subconsultants for the duration of this Agreement. IDS must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
10.1 Indemnification. As to IDS's Services produced under this Agreement, IDS agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, "City") from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney's fees, or payments for injury to any person or property (collectively, "Losses") caused or claimed to be caused by the acts, errors and/or omissions of IDS, or IDS's employees, agents, officers, and subconsultants.
IDS's responsibilities under this Section 10.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of IDS, its employees, agents or officers, or subconsultants; provided, however, that IDS's duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding IDS's obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from IDS, if City chooses to do SO.
10.2 Enforcement Costs. IDS agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.
11. Prohibition Against Transfers.
11.1 IDS may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior - 3-
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written consent of City. Any attempt to do so without the City's consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of IDS or of any general partner or joint venturer or syndicate member of IDS, if a partnership or joint venture or syndicate exists, which results in changing the control of IDS, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. IDS, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
14. Default and Termination.
14.1 IfIDS fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City's written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to IDS.
14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days' written notice to IDS. Upon termination of this Agreement, City will pay IDS any compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. IDS must comply with all laws of the State of California and the United States, and all ordinances, rules, and regulations enacted or issued by City.
16. Discrimination. IDS may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
17. Nuisance. IDS may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
18. Records.
18.1 IDS must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subconsultant costs, or other direct costs. IDS must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment. - 4-
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18.2 IDS must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. IDS must clearly identify all records and make them readily accessible to the City.
At the City's request, IDS must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
18.3 IDS must allow the City to have free access to IDS's books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit IDS's records, and IDS agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by IDS, IDS agrees to pay the cost of the City's audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by IDS or any subconsultant for this Agreement will be the exclusive property of City. No work product given to or prepared by IDS or any subconsultant pursuant to this Agreement may be made available to any individual or organization by IDS without prior written approval by City.
19.2 At the City's request, IDS must furnish reports concerning the status of the Services.
20. Standard of Care. IDS agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of IDS's profession currently practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 IfIDS proposes to have any subconsultant perform any part of the Services, IDS must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subconsultant, and the total price or hourly rates used in preparing an estimated cost for the subconsultant's services. The City, in its sole discretion, may grant or deny the request.
21.2 IDS will be responsible for the quality of any subconsultant's work. Every subcontract or agreement of any kind entered into between IDS and any subconsultant (or between any subconsultant and others) must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 10636 (CCS) entered into between the City of Santa Monica and IDS on
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22. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and IDS agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate.
The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
25. Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
CITY OF SANTA MONICA,
ATTEST: a municipal corporation
Tick ble
denise Anderan Mar
By:
DENISE ANDERSON-WARREN RICK COLE
City Clerk City Manager
APPROVED AS TO FORM:
LANE DILG
City Attorney
IDS Group, Inc.
This
By: _
Name: Rami Elhassan
Title: Principal
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Exhibit A
Scope of Services
This professional service contract is for Structural Evaluation Report review/Peer Review services. These services could be utilized for either the Seismic Retrofit Program or general plan check reviews that are submitted to the City. Examples of services include, but are not limited to:
• Structural Engineering and Report Review/Peer Review:
• Review and evaluate structural retrofit evaluation reports. • Verify a project's submission conforms to applicable State and local codes. • Verify pertinent City policies and guidelines are satisfied. • Verify that supporting structural data are adequate and consistent with conclusions concerning existing site conditions.
• Site field investigations to verify building conditions as part of the report evaluation.
• Verify supporting seismic retrofit design criteria and construction recommendations are appropriate for the proposed scope of work. • Research city records to verify permit or plan submittal history justifying existing structural design methods described in the reports. • Provide written correspondences/correction lists and a final letter of approval as needed.
• Consult with engineers/applicants on accepted structural analysis methods, codes, standards and guidelines within the context of the SMMC Ord. 2537.
• Make appropriate entries into the City's ProjectDox module within the City's established timelines as needed.
• Additional structural engineering services as requested by the City.
Please note that entering into a professional services agreement with the City for peer review and plan check services precludes IDS from accepting seismic retrofit engineering work within the City of Santa Monica from other clients for the term of the agreement.
Exhibit B
Budget
All peer review and plan check services will be charged according to the following hourly rates:
Title - Project Role Hourly Rate
Principal $165
Project Manager / Senior Architect or Enrineer $140
Lead Structural Engineer Reviewer $135
Structural Engineer Reviewer $125
Project Architect or Engineer $125
CAD Drafting Engineer | Architect $80
Office Administration $50
The total amount of compensation for Services Rendered during the Original Term and the Extended Term, if any, shall not exceed $625,000.
Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
With Professional Liability
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non- owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant's profession with a limit of not less than $1,000,000 each claim/$2,000,000 in the annual aggregate (see footnote #2).
If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
With Professional Liability
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non- owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant's profession with a limit of not less than $1,000,000 each claim/$2,000,000 in the annual aggregate (see footnote #2).
If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
With Professional Liability
Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees or subcontractors.
Minimum Scope/Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if the Consultant has no owned autos, Code 8 (hired) and Code 9 (non- owned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: Workers' Compensation insurance as required by the State of California, with Statutory Limits and Employers' Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant's profession with a limit of not less than $1,000,000 each claim/$2,000,000 in the annual aggregate (see footnote #2).
If the Consultant maintains higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.
Other Insurance Provisions
1. The policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status (CGL): The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance at least as broad as Insurance Services Office Form CG 20 10 11 85.
b. Primary Coverage (CGL, Auto, and Professional Liability): For any claims related to this contract, the Consultant's insurance shall be primary as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not c. Notice of Cancellation (all policies): Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation (all policies): Consultant hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Consultant may acquire against the City of Santa Monica by virtue of payment of any loss.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self insured retentions must be declared to and approved by the City of Santa Monica. The City of Santa Monica may require the Consultant to purchase coverage with a lower deductible or retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Santa Monica.
Claims Made Policies
1. If the Professional Liability policy provides "claims made" coverage:
a. The Retroactive Date must be shown, and must be before the date of this Agreement or the start of work.
b. The insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another "claims made" policy form with a Retroactive Date prior to the effective Agreement date, the Consultant must purchase "extended reporting" coverage for a minimum of 5 years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required herein. All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Consultant resulting from said breach. Alternatively, the City of Santa Monica may purchase such coverage (but has no special obligation to do so), and without further notice to the Consultant, the City may deduct from sums due to the Consultant any premium costs advanced by the City for such insurance.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.
Footnotes
#1: Workers' Compensation insurance coverage is not required if the Consultant does not have employees. The Consultant must, however, execute the City's Workers' Compensation Coverage Exemption Declaration Form.
#2: Professional Liability insurance is required if the Consultant is providing a professional service regulated by the State (e.g., insurance agents, doctors, lawyers, architects, engineers, certified public accountants, etc.). However, some Consultants, such as software designers, claims administrators, or human resources professionals, should also carry Professional Liability insurance. Contact Risk Management for guidance.
CONTRACT CHECKLIST
Santa Menica
The Contracts Coordinator has determined the following requirements must be met for Building and Safety's (insert division name) request to procure the following service:
Seismic Retrofit Structural Evaluation Report Peer Review services.
Section 1: Soliciting Proposals
• Informal Proposals Required
• Professional Services: less than $80,000
• Contractual Services: $10,000 to $175,000
1 Formal one or are rear an or agrequired
Contractual Services: greater than $175,000
_ Exception to Competitive Process- Contact Purchasing Services Manager Complete Exception to Competitive Process Request Form
Attach Exception to Competitive Process Form approved by Department Director/Purchasing Manager/City Manager
• Other or N/A
Section 2: Supplemental Forms Required?
Coversheet TW9 Form • Living Wage Certification • Oaks Initiative Disclosure (new vendor) (if over $54,200, renewed annually) | (if over $25k, renewed annually) Business base • City Council Staff Report (if applicable) 3618 Section 3: Contract Type (Templates are available on e-desk except for Custom Agreements) I Professional Services Agreement C
Contractual Services Agreement
Modification to Professional Services Agreement / Modification to Contractual Services Agreement Prevailing Wages Agreement
Construction Contract / Construction Management Agreement Software License and/or Software Maintenance and Support Agreement CCS Instructors Agreement
Grant Agreement
Custom Agreement
Exercising Renewal Options - Renewal Letter
Other:
Section 4: Insurance Requirements
I Professional Services Insurance Requirements - Template 1 (requires professional liability insurance) Professional Services Insurance Requirements - Template 2 (omits professional liability insurance) Contractual Services Insurance Requirements Template
Prevailing Wage insurance Requirements Template
Risk Mgmt. Confirmation (for Modifications and Renewal Letters ONLY)-Original Requirements met Custom Insurance Requirements
Attach approval from Risk Manager Pid curl Attal f
Section 5: Contract Authorization/Execution Process
City Manager approval required
Professional Services: less than $80,000 including renewals and contingency Contractual Services: $10,000 to $175,000
ty Manager and City Council approval (statt report require rotessional Services: greater than $80,000
Contractual Services: greater than $175,000
contracts Coordinatol
Da3. 218
CITY OF SANTA MONICA
LIVING WAGE ORDINANCE CERTIFICATION
July 1, 2017 through June 30, 2018
TO BE COMPLETED BY ALL CONTRACTORS PROVIDING SERVICES TO THE CITY OF SANTA MONICA IN EXCESS OF $54,200
MINIMUM WAGE - $15.87 per hour
Please read, complete, and sign the following:
THIS CONTRACT IS SUBJECT TO THE LIVING WAGE ORDINANCE
THIS CONTRACT IS NOT SUBJECT TO THE LIVING WAGE ORDINANCE • f this contract is not subject to the Living Wage Ordinance requirements, please note the reason belor na attach supporting documentation for exemption. For example, in order to be exempt pursuant to :
collective bargaining agreement, a signed collective bargaining agreement must be attached. (a). contractor is a government agency and is exempt
(b) contractor is a City grantee and is exempt
(C) contractor is a non-profit corporation and is exempt (d) contractor is an employer whose employees are covered by a bona fide collective bargaining agreement where the waiver is explicitly set forth in an agreement in clear and unambiguous terms
(e) _ contractor is a corporation providing banking services The undersigned, on behalf of himself or herself individually and on behalf of his or her business or organization, hereby certifies that he or she is fully aware of Santa Monica's Living Wage Ordinance (LWO), and the applicability of the LWO, and the applicability of the subject contract, as determined herein. The undersigned further agrees to be bound by all terms of the LWO, as mandated in all sections of Santa Monica Municipal Code, Chapter 4.65. If, at any time during the term of the contract, the answers to the questions posed herein change so that Contractor would be subject to the LWO, Contractor will promptly notify the Director of Finance in writing. Contractor further understands and agrees that the failure to comply with the LWO, this certification, or the terms of the Contract as it applies to the LWO, shall constitute a default of the Contract, which shall be grounds for termination. City shall have the right to examine all books and records of the Contractor as they relate to compliance with the LWO. Payroll records shall at a minimum include the full name of each employee performing labor or providing services under the contract, job classification, and rate of pay.
These statements are made under penalty of perjury under the laws of the State of California.
Printed Name: Brianna Ri Title: Administrative Assisant Signature: _Date: _3/5/2018
Contractor: IDS Group, Inc.
_ Bid Number (if applicable):
Service Description:
Structural Engineering
City Council
City of Report
Santa Moniea®
City Council Meeting: March 6, 2018
Agenda Item: 3.E
To: Mayor and City Council
From: David Martin, Director, Building & Safety
Subject: Award Contracts for Seismic Retrofit Program Engineering Reviews Recommended Action
Staff recommends that the City Council:
1) Award RFP# 147 to the following four firms:
a) Degenkolb Engineers, a California-based company for seismic structural evaluation report peer review services;
b) IDS Group, a California-based company for seismic structural evaluation report peer review services;
c) JAS Pacific, a California-based company for plan review services; and d) Interwest Consulting Group, a California-based company for plan review services.
2) Authorize the City Manager to negotiate and execute professional service agreements with:
a) Degenkolb Engineers, in an amount not to exceed $525,000 (for three years, with one additional one-year renewal option in the amount of $100,000 on the same terms and conditions) for a total amount not to exceed $625,000 over a four-year period, with future year funding contingent on Council budget approval;
b) IDS Group, in an amount not to exceed $525,000 (for three years, with one additional one-year renewal option in the amount of $100,000 on the same terms and conditions) for a total amount not to exceed $625,000 over a four-year period, with future year funding contingent on Council budget approval;
c) JAS Pacific, in an amount not to exceed $125,000 (for three years), with future year funding contingent on Council budget approval; and d) Interwest Consulting Group, in an amount not to exceed $125,000 (for three years), with future year funding contingent on Council budget approval;
Executive Summary
In order to meet the demands of the City's Seismic Retrofit program, the Building and Safety Division will need to hire engineering consultants with expertise in analyzing large, complex buildings. As part of the Seismic Retrofit Program, engineers and architects will submit structural evaluation reports regarding buildings on the City's list of 1 of 6
1) Seismic Retrofit Report Review - Covers cost of City staff time to review a structural report of a building subject to the Seismic Retrofit law. 2) Seismic Retrofit Plan Check - Covers cost of City staff time, or outside consultant, to review a plan check submittal for a proposed retrofit of a building subject to Seismic Retrofit law.
3) Seismic Retrofit Permit - Covers cost of retrofit permit issuance and subsequent City inspections associated with retrofit construction for a building subject to Seismic Retrofit ordinance.
4) Seismic Retrofit Peer Review - Covers cost of peer review of a structural report by an outside agency for a building subject to the Seismic Retrofit law..
Discussion
The entire PSVB list encompasses just under 2,000 buildings. Non-Ductile Concrete (NDC) and Steel Moment Frame (SMF) buildings comprise roughly 140 of the overall total; however, they are the largest and most complex building types on the list. The submitted structural evaluation reports for these buildings must be reviewed by the City to determine whether or not the building in question needs to be retrofitted. There is not a sufficient amount of Building & Safety plan check staff with the technical expertise necessary to quickly and efficiently evaluate the very dense and highly technical reports for NDC and SMF building types. Therefore, outside consultant services are needed to perform these evaluations and make a recommendation to Building and Safety staff based on their review.
A similar situation will arise when NDC and SMF owners submit plans for a retrofit plan check review. The complexity of these building types demands a high level of structural expertise to thoroughly evaluate a plan submission. Additional consultant services will also be necessary to assist the City with the review of these plan checks.
The final round of Building Officer orders for the Seismic Retrofit Program is scheduled to be distributed to property owners on August 6, 2018. Property owners will have anywhere from two to twenty years (depending on the building type) from the date their order was issued to complete the retrofit of their building(s). It is anticipated that the 3 of 6
overflow of retrofit plan check submissions due to the Seismic Retrofit program. If a consistent increase in volume occurs, additional funding will be necessary to accommodate the increase and staff, as authorized by Council. Again, all expenditures for seismic retrofit plan checks to outside consultants would be entirely recouped through Seismic Retrofit Plan Check fees. Staff recommends executing contracts with both JAS Pacific and Interwest Consulting Group to perform the seismic retrofit plan check reviews for the same reasons stated above regarding structural evaluation report reviews.
Vendor/Consultant Selection
In November 2017, the City published a Request for Proposals (RFP) to provide both structural evaluation report peer review services and seismic retrofit plan check services to the Building and Safety Division in accordance with City specifications. The RFP was posted on the City's online bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. The City received 15 proposals. Proposals were evaluated and the respondents were ranked based on the criteria in SMMC Section 2.24.073 for selecting the best qualified person or firm. Firms had the option to submit only for structural evaluation report peer review, only retrofit plan check, or both. After considering the proposals, evaluators selected the top two firms for structural report review and the top two firms for plan check services based on overall qualifications.
The firms selected for structural report review are 1) Degenkolb Engineers and 2) IDS Group. The firms selected for plan check services are 1) JAS Pacific and 2) Interwest Consulting Group. All four companies specialize in the areas they were selected for and excel in at least three of the four major evaluation criteria: engineering experience, staff qualifications, record of success with past clients, and fee proposal.
Staff recommends that Council authorize the City Manager to negotiate and execute a professional services agreement with Degenkolb Engineers and IDS Group for structural report peer review services. Each agreement would be for an amount not to 5 of 6
Kevin Purcell
From: Michael penelli
Sent: Tuesday, March 20, 2018 10:55 AM
To: Kevin Purcell
Subject: Re: IDS Group Insurance
Insurance requirements are met.
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From: Kevin Purcell
Sent: Tuesday, March 20, 2018 9:38:49 AM
To: Michael Spenelli
Subject: IDS Group Insurance
Good morning,
Can you please verify that IDS Group has met the Insurance requirements for a PSA with professional liability (attached)?
Kevin
ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement o is certificate does not confer riahts to the certificate holder in lieu of such endorsements
CONTACT
NAME: Risk Strategies Company
2040 Main Street, Suite 450 PHONE FAX
(A/C, No, Ext): 949-242-9240 (A/C, No):
Irvine, CA 92614 E-MAIL
ADDRESS: [email protected]
INSURERS) AFFORDING COVERAGE NAIC #
www.risk-strategies.com CA DOI License No. 0F06675 INSURER A: Travelers Property Casualty Co. of America 25674 INSURED INSURER B: Continental Casualty Company 20443
IDS Group, Inc
1 Peters Canyon Rd., Ste 130 INSURER C :
Irvine CA 92606 INSURER D:
INSURER E :
INSURER F:
CERTIFICATE NUMBER: 40719097 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD EUSONE AN CONDIE OF SUCH POLICE TIME HENCE AT AN EN RELE ST RD CANED HERE IS SURE TO AL PRE TERMS.
INSR
LTR TYPE OF INSURANCE POLICY NUMBER
A COMMERCIAL GENERAL LIABILITY i v 6809H717919 5/1/2017 5/1/2018 EACH OCCURRENCE $ $2,000,000
DAMAGE TO RENTED
CLAIMS-MADE |/ OCCUR PREMISES (Ea occurrence) S$1,000,000 MED EXP (Any one person) $$10,000
PERSONAL & ADV INJURY $$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $$4,000,000 POLICY V LOC PRODUCTS- COMPO AGG $54,00,000
OTHER:
A AUTOMOBILE LIABILITY / BA8F335897 5/1/2017 5/1/2018 LINERSINGLE LIMIT $$1,000,000
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED
AUTOS ONLY AUTOS ONL
A UMBRELLA LIAB _ OCCUR CUP6B555880 2/8/2018 5/1/2018 EACHOCCURRENCE $ $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$4,000,000
DED | V RETENTION$O
A (WORKERS COMPENSATION / UB3459T675 5/1/2017 5/1/2018
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $$1,000,000 OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $$1,000,000 DÉSCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $$1,000,000 Professional Liability AEH288340328 11/12/2017: 11/12/2018 Per Claim: $3,000,000 Aggregate: $3,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
City of Santa Monica SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Architecture Services Division ACCORDANCE WITH THE POLICY PROVISIONS. 1437 4th St., Ste 300
Santa Monica CA 90401
AUTHORIZED REPRESENTATIVE
Michael Christian
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 40719097 | 17-1B GI-INOA-UL-WC-PL | Sherry Young | 3/7/2028 9:53:35 AM (PST) | Page 1 Of B Insured: IDS Group, inc.
Policy No.: 6809H717919 COMMERCIAL GENERAL LIABILITY
Effective Date: 5/1/2017
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your work" and included
Any person or organization that you agree in a completed operations hazard" unless the "written contract requiring insurance" to include as
insurance
an additional insured on this Coverage Part, but: specifically requires you to provide suct a. Only with respect to liability for "bodily injury",
"property damage" or "personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier.
The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS:
c. With respect to the independent acts or
omissions of such person or organization; or The insurance provided to the additional insured is excess. over any valid and collectible other
d. For "bodily injury", "property damage" or insurance, whether primary, excess, contingent or "personal injury" for which such person or on any other basis, that is available to the organization has assumed liability in a
additional insured for a loss we cover. However, if
contract or agreement. you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and
e. This insurance does not apply on any basis to
any person or organization for which non-contributory basis, this insurance is primary to other insurance available to the additional
coverage as an additional insured specifically
is added by another endorsement to this insured which covers that person or organizations as a named insured for such loss, and we will not
Coverage Part. share with the other insurance, provided that:
f. This insurance does not apply to the
or failure to render any (1) The "bodily injury" or "property damage" for rendering of
which coverage is sought occurs; and
"professional services".
(2) The "personal injury" for which coverage is
g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations
exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance" , the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section ||| - person or organization is an additional insured Limits Of Insurance. under any other insurance.
CG D3 81 09 15 @ 2015 The Travelers Indemnity Company. All rights reserved Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission 40719097 | 17-18 GL-HNOA-UL-WC-PL | Sherry Young | 3/7/2018 9:53:35 AM (PST) | Page 2 of 8
COMMERCIAL GENERAL LIABILITY
3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section:
of SECTION IV - COMMERCIAL GENERAL
"Written contract requiring insurance" means that
LIABILITY CONDITIONS:
part of any written contract under which you are
We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done
caused by an offense committed:
under a "written contract requiring insurance" with
that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you
before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury"
offense is committed.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission 40719097 | 17-18 GL-HNOA-UL-WC-PI, | Sherry Young | 3/7/2018 9:53:35 AM (PST) | Page 3 of 8 BA8F335897 COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement.
GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS
OF USE - INCREASED LIMIT
B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS
D. EMPLOYEES AS INSURED K. AIRBAGS
E. SUPPLEMENTARY PAYMENTS - INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT
LIMITS OR LOSS
F. HIRED AUTO - LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION
COVERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS
PROVISIONS
A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or "property damage" occurs and that is in effect
The following is added to Paragraph A.1., Who Is during the policy period, to be named as an addi- An Insured, of SECTION II - LIABILITY COV-
tional insured is an "insured" for Liability Cover-
ERAGE:
age, but only for damages to which this insurance
Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or- C. EMPLOYEE HIRED AUTO ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II - LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE:
The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II - LIABILITY operating an "auto" hired or rented under a contract or agreement in that "employee's"
COVERAGE:
name, with your permission, while performing
Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness.
that person or organization, that is signed and
CA T3 53 03 10 © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. 10719097 | 17-18 GL-HNOA-UL-MC-PL | Sherry Young | 3/7/2018 9:53:35 AM (PST) | Page 4 of B
COMMERCIAL AUTO
2. The following replaces Paragraph b. in B.5.., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV - BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an
b. For Hired Auto Physical Damage Cover-
"auto" you lease, hire, rent or borrow from
age, the following are deemed to be cov-
ered "autos" you own: any of your "employees", , partners (it you are a partnership), members (if you are a limited
(1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow; and holds.
(2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of imployed employee perio America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to • the conduct of Rico and Canada:
your business.
(i) You must arrange to defend the "in-
However, any "auto" that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac-
D. EMPLOYEES AS INSURED tions.
The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II - LIABILITY COV- "insured" will make any settlement ERAGE: without our consent.
Any "employee" of yours is an "insured" while us- (ili) We may, at our discretion, participate ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or "suit".
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS (iv) We will reimburse the "insured" for
sums that the "insured" legally must
1. The following replaces Paragraph A.2.a.(2). pay as damages because of "bodily of SECTION II - LIABILITY COVERAGE: injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II - LIABILITY COVERAGE.
2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II - LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included within the limit described in Para-
F. HIRED AUTO - LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of
ERAGE - INDEMNITY BASIS SECTION II - LIABILITY COVER-
The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV - BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay-
(5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or
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COMMERCIAL AUTO
to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph A.4., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III - PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE:
country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and
Canada. We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are
You agree to maintain all required or
compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will
not invalidate the coverage afforded by theft of your covered "auto". this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage.
had you complied with the compulsory in- K. AIRBAGS
surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III - PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE:
United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can-
more airbags in a covered "auto" you own that in-
ada. We assume no responsibility for the flate due to a cause other than a cause of "loss" furnishing of certificates of insurance, or
for compliance in any way with the laws set forth in Paragraphs A.1.b. and A.1.c., but of other countries relating to insurance. only:
a. If that "auto" is a covered "auto" for Compre-
G. WAIVER OF DEDUCTIBLE - GLASS hensive Coverage under this policy; The following is added to Paragraph D., Deducti- b. The airbags are not covered under any war- ble, of SECTION III - PHYSICAL DAMAGE
ranty; and
COVERAGE:
c. The airbags were not intentionally inflated.
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one "loss"
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
USE - INCREASED LIMIT LOSS
The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph A.4.b., Loss Of Use Expenses, of SEC- SECTION IV - BUSINESS AUTO CONDITIONS:
TION III - PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident" or "loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION (a) You (if you are an individual); EXPENSES - INCREASED LIMIT (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany);
SECTION III - PHYSICAL DAMAGE COVER-
(d) An executive officer, director or insurance
AGE:
manager (if you are a corporation or other or-
We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident" or "loss". ered "auto" of the private passenger type.
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COMMERCIAL AUTO
M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract.
of SECTION IV - BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con-
5. Transfer Of Rights Of Recovery Against calment, Misrepresentation, Or Fraud, of Others To Us SECTION IV - BUSINESS AUTO CONDITIONS:
We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or "loss", provided that the "accident" or "loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal.
Includes copyrighted matenat of Traurance Services Coice, Inc. with is permission. 40719097 | 17-18 GL-HNOA-UL-WC-PI. | Sherry Young | 3/7/201B 9:53:35 AM (PST) | Page 7 of 8
WORKERS COMPENSATION
AND
E TRAVELERS EMPLOYERS LIABILITY
ENDORSEMENT WC 99 03 76 (00)
Insured: IDS Group, Inc.
Policy No.: UB3459T675
Effective Date: 5/1/2017
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
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.
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 5.000% of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization
ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER
PRIOR TO THE DATE OF LOSS
Job Description:
Projects as on file with the insured.
Sundattineno
Authorized Representative
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