UEBTF UEBTF
$12.00
Premium discount PDIS
-$3.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D
OSHEF OSHEF
$73.00
Merit Surcharge MERIT
-$6.00
Assessment Fund ASMNT
$139.00
Surcharges SURC
$39.00
Merit Surcharge MERIT
-$27.00
Waiver of Subrogation WVSUB
$250.00
YBYI YBYI
-$869.00
UEBTF UEBTF
$4.00
Increased employer's liability INEL
$2.00
Premium discount PDIS
-$172.00
Second Injury Fund 2NDIN
$154.00
ADDITIONAL COVERAGES
Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Changes to Section A. Coverages
Changes to Section C. Who Is An Insured
Changes to Section D. Liability and Medical Expenses Limits of Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARCHITECTS, ENGINEERS AND SURVEYORS LIABILITY EXTENSION WITH OFFICE
POLLUTION LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
SCHEDULE OF LIMITS FOR OFFICE PREMISES LIMITED POLLUTION LIABILITY COVERAGE Each Pollution Incident Limit $2,000,000
Pollution Liability Aggregate Limit $4,000,000
(If no entries appear in the above Schedule, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
TABLE OF ENDORSEMENT CONTENTS
Item # Topic Name
1. Enhanced Supplementary Payments
2. Extended Property Damage Coverage
3. Contractual Liability for Personal and Advertising Injury
4. Owned Workboats and Non-owned Watercraft
5. Legal Liability – Damage to Premises / Alienated Premises
6. Personal and Advertising Injury – Discrimination or Humiliation
7. Property Damage - Elevators
8. Extended Coverage For Newly Acquire/Formed Organizations
9. Additional Insureds: State or Political Subdivisions – Permits, State or Political Subdivisions, Controlling Interest, Managers or Lessors of Premises, Mortgagee, Assignee or Receiver, Co-owner of Insured Premises, Lessor of Equipment, Lessor of Land, Trade Show Event Lessor, Engineers, Architects or Surveyors Engaged By You
10. Fellow Employee First Aid
11. Retired Partners, Members, Directors, and Employees
12. Participation in Professional Joint Ventures or in Terminated Joint Ventures, Partnerships or LLCs
13. Blanket Additional Insured with Products-Completed Operations Coverage Additional Insured – Extended Coverage
Estates, Representatives and Spouses
Blanket Waiver of Subrogation
14. General Aggregate Limit of Insurance – Per Location SB300176D (6-16)
Changes to Section B. Exclusions
20020003420971865342082
Policy 2097186534
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Changes to Section F. Liability And Medical Expenses Definitions Additional Insuring Agreements
Policy 2097186534
15. Broad Knowledge / Notice of Occurrence
16. Extended Bodily Injury
17. Contractual Liability – Railroads
18. Office Premises - Limited Pollution Liability Coverage
1. Enhanced Supplementary Payments
The values shown in paragraph 1.f., Coverage Extension – Supplementary Payments, of Section A. Coverages are amended as follows:
A. The amount shown in paragraph (b) for bail bonds is amended from $1,000 to $5,000.
B. The amount shown in paragraph (d) for actual loss of earnings because of time off work is amended from $250. per day to $1,000. per day.
2. Extended Property Damage
Exclusion 1.a., Expected or Intended Injury, of Section B. Exclusions Applicable to Business Liability Coverage, is deleted and replaced with the following:
This insurance does not apply to:
a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
3. Contractual Liability for Personal and Advertising Injury Exclusion 1.p.(5) of Section B. Exclusions Applicable to Business Liability Coverage, is deleted.
4. Owned Workboats and Non-owned Watercraft
Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Aircraft, Auto or Watercraft:
a. Add the following additional exception to the exclusion:
This exclusion does not apply to:
• Any watercraft owned by you that is less than 30 feet long while being used in the course of your inspection or surveying work.
b. Delete exception (3) and replace it with the following:
This exclusion does not apply to:
(3) A watercraft you do not own that is:
(a) Less than 75 feet long; and
(b) Not being used to carry persons or property for a charge.
5. Legal Liability – Damage to Premises / Alienated Premises A. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the first two exception statements beneath the exclusion entitled Damage to Property and replace them with the following:
SB300176D (6-16)
Changes to Section E. Businessowners Liability Conditions DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire or explosion) to premises rented to you or temporarily occupied by you with the permission of the owner, nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Liability And Medical Expenses Limits of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work." B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete the unnumbered exception statement beneath exclusion p., and replace it with the following:
Exclusions c. through i. and k. through o. do not apply to damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, nor to damage to the contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Liability And Medical Expenses Limits of Insurance.
6. Personal and Advertising Injury – Discrimination or Humiliation A. Under Liability And Medical Expenses Definitions, the definition of Personal and advertising injury is amended to add the following tort:
• Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to make the following changes to the exclusion entitled Personal And Advertising Injury to:
1. Delete its subparagraph (1) and replace it with the following:
This insurance does not apply to:
"Personal and advertising injury":
(1) Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury." This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) You; or
(b) Any of your "executive officers", directors, stockholders, partners or member or (if you are a limited liability company) your managers.
2. Add the following new exclusions:
This insurance does not apply to:
• Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. • Premises Related Discrimination
Discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination.
The coverage provided by this Personal and Advertising Injury – Discrimination or Humiliation provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
SB300176D (6-16)
20020003420971865342083
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
7. Property Damage – Elevators
Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to add the following additional exception statement beneath the exclusion entitled Damage to Property:
Paragraphs (3), (4), and (6) of this exclusion do not apply to "property damage" that results from the use of elevators.
8. Extended Coverage For Newly Acquire/Formed Organizations Who Is An Insured is amended to delete Paragraph 4.a..
9. Additional Insureds
Section C. Who Is An Insured is amended to include the following additional insureds, subject to the provisions stated below:
A. State or Political Subdivisions – Permits
1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit.
2. This insurance does not apply to:
a. "Bodily injury," "property damage," "personal and advertising injury" arising out of operations performed for the state or municipality; or
b. "Bodily injury" or "property damage" included within the "products-competed operations hazard." B. State or Political Subdivisions
A state or political subdivision subject to the following provisions:
1. This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies:
a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators.
2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit.
This insurance does not apply to "bodily injury," "property damage" or personal and advertising injury" arising out of operations performed for the state or municipality.
C. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of:
1. Their financial control of you;
2. Premises they own, maintain or control while you lease or occupy these premises.
This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured.
D. Managers or Lessors of Premises
A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions:
This insurance does not apply to:
1. Any "occurrence" which takes place after you cease to be a tenant in that premises; or
2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured.
SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
E. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured.
F. Co-owner of Insured Premises
A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the coowners liability as co-owner of such premises.
G. Lessor of Equipment
Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends.
With respect to the insurance afforded, these additional insureds, the following additional exclusions apply:
This insurance does not apply:
1. To any "occurrence" which takes place after the equipment lease expires; or
2. To "bodily injury," "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured.
Any insurance provided to an additional insured designated under paragraphs A. through G. above does not apply to "bodily injury" or "property damage" included within the "products-completed-operations hazard." H. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such land, provided that the "occurrence" giving rise to such "bodily injury" or "property damage", or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, or on behalf of, such additional insured.
I. Trade Show Event Lessor
1. With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury", "property damage" or "personal and advertising injury caused by:
a. Your acts or omissions; or
b. Acts or omissions of those acting on your behalf;
In the performance of your ongoing operations at a trade show event premises during the trade show event.
2. The coverage provided by this provision does not apply to "bodily injury" or "property damage" included within the "products-completed operations hazard."
J. Engineers, Architects or Surveyors Engaged By You
An architect, engineer or surveyor engaged by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your acts or omissions, or the acts or omissions of others acting on your behalf:
a. In connection with your premises; or
b. In the performance of your ongoing operations.
SB300176D (6-16)
20020003420971865342084
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
But the coverage hereby granted to such additional insureds does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional services by you or on your behalf, including but not limited to:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
10. Fellow Employee First Aid
Paragraph 2.a.(1)(d) of Section C. Who Is An Insured is deleted and replaced with the following:
However none of these "employees" is an insured for:
(d) "Bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. However this restriction does not apply to first aid administered by an "employee" who is not an employed doctor or nurse.
11. Retired Partners, Members, Directors, and Employees Paragraph 2. of Section C. Who Is An Insured is amended to include the following as insureds:
Individual persons who are retired partners, members, directors or employees are also insureds, but only for "bodily injury," "property damage," "personal and advertising injury" that results from services performed for you under your direct supervision. All limitations that apply to "employees" and "volunteer workers" also apply to anyone qualifying as an insured under this provision.
12. Participation in Professional Joint Ventures
A. The following paragraph 5. is added to Section C. Who Is An Insured:
5. You are also an insured for your participation in a past or present joint venture that is not named on the Declarations, but only if such joint venture meets all of the following criteria:
a. Each and every one of your co-venturers are architectural, engineering or surveying firms; b. The joint venture has no direct employees; and
c. The joint venture does not own, rent or lease any real or personal property.
However, you are insured only for the conduct of your business within such a joint venture. You are not insured for liability arising out of the acts or omissions of other co-venturers, nor of their partners, members or employees.
This insurance is excess over any other insurance available to such a joint venture, whether primary, excess, contingent, or on any other basis.
B. The last paragraph of Section C. Who Is An Insured is deleted and replaced by the following:
Except as provided in 5. above, 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.
13. Blanket Additional Insured with Products-Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage.
SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
B. The insurance provided to the additional insured is limited as follows:
1. That person or organization is an additional insured only with respect to such person or organization's liability for:
a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by:
(1) Your acts or omissions; or
(2) Acts or omissions of those acting on your behalf;
in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products-completed operations hazard", but only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
C. Under Businessowners Liability Conditions, the condition entitled Duties in the Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this policy will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this coverage part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this SB300176D (6-16)
20020003420971865342085
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
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:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(b) 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.
E. Additional Insured – Extended Coverage
When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds.
If the additional insured is:
a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds;
but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations.
Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds.
F. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business.
G. Blanket Waiver of Subrogation
The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
14. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project:
1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations.
2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits."
3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects.
4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit.
B. All:
1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved;
2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and
3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project;
will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit.
C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit.
D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project.
E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated.
SB300176D (6-16)
20020003420971865342086
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
15. Broad Knowledge / Notice of Occurrence
Under Businessowners Liability Conditions, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
You must give us or our authorized representative notice of an "occurrence", offense, claim or "suit" only when the "occurrence", offense, claim or "suit" is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an "employee" designated by any of the above to give such notice.
B. NOTICE OF OCCURRENCE
Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of such "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence", offense, claim or "suit."
16. Extended Bodily Injury
Under Liability And Medical Expenses Definitions, the definition of "Bodily injury," is deleted and replaced with the following:
"Bodily Injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental injury or mental anguish sustained by that person at any time which results as a consequence of the physical injury, sickness or disease.
17. Contractual Liability – Railroads
Under Liability And Medical Expenses Definitions, and with respect only to operations performed within 50 feet of railroad property, the definition of "insured contract" is deleted and replaced by the following:
"Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
a. Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities.
SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
18. Office Premises Limited Pollution Coverage
This Office Premises Limited Pollution Coverage section of the Architects, Engineers and Surveyors Extension endorsement modifies several portions of the Businessowners Liability Coverage Form. These modifications apply only to the coverage provided by this section of the endorsement.
A. The following paragraph 3. is added to SECTION A. COVERAGES:
3. Office Premises Limited Pollution Coverage
a. Insuring Agreement
(1) We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" which directly results from a covered "pollution incident" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages, even if any allegations of the "suit" are groundless, false or fraudulent. We may at our discretion investigate any "pollution incident" and settle any claim or "suit" that may result. But:
(a) The amount we will pay for damages is limited as described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement; and (b) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements.
(c) We have no duty to defend "suits" seeking damages not covered by this endorsement.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under paragraph 1.e. Coverage Extension – Supplementary Payments of SECTION A. as amended by this section of the endorsement.
(2) We will also reimburse you for "preventive remedial expense" that directly results from a covered "pollution incident" to which this insurance applies.
We will reimburse you up to $25,000 per annual policy period for all "preventive remedial expense" directly resulting from all covered "pollution incidents," subject to a deductible of $5,000 per covered "pollution incident." This annual limit is in addition to the per incident deductible, and is in addition to the Pollution Liability Aggregate Limit described in SECTION D. Liability And Medical Expenses Limits Of Insurance as amended by this endorsement.
This "preventive remedial expense" coverage does not apply to expenses that are covered by any other insurance available to the insured.
(3) This insurance applies to "bodily injury," "property damage" or "preventive remedial expense" at, on or from "your office premises" only if:
(a) The "bodily injury" directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises"; or
(b) The "property damage" occurs off of "your office premises" and directly results from a "pollution incident" that happens entirely above-ground at or from "your office premises"; or (c) The "preventive remedial expense" directly results from a "pollution incident" that happens entirely above-ground on "your office premises" and does not result in any covered "bodily injury" or "property damage; and
(d) The "pollution incident":
(i) is demonstrable as commencing and ending within 72 hours; (ii) is accidental;
(iii) "commences during the policy period"; and
(iv) happens in the "coverage territory."
SB300176D (6-16)
20020003420971865342087
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
(4) Commences during the "policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. (5) All "bodily injury" or "property damage" resulting from one "pollution incident" shall be deemed to have occurred only at the commencement date of the covered "pollution incident." (6) The insured's responsibility to pay damages because of "bodily injury" or "property damage" must be determined in a "suit" on the merits in the "coverage territory" or in a settlement we agree to. (7) Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services, or death resulting from the "bodily injury." B. SECTION B. EXCLUSIONS is deleted and replaced by the following:
This insurance does not apply to:
a. "Bodily injury," "property damage" or "preventive remedial expense" expected or reasonably foreseeable from the standpoint of the insured.
b. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which is a repeat or resumption of a previous "pollution incident" involving the same pollutant from essentially the same source within the previous twelve (12) months, at the same premises. c. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. "Bodily injury" to:
(1) An employee of the insured arising out of and in the course of:
(i) employment by the insured; or
(ii) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above.
This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
f. "Property damage" to
(1) A "waste facility" to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
(4) Property loaned to an insured; or
(5) Personal property in care, custody or control of an insured.
Paragraph (2) of this exclusion f. does not apply to "preventive remedial expense" at property you own, rent or occupy now.
g. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is consigned. h. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" at or from a "waste facility" which is on "your office premises." SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
i. "Bodily injury" or "property damage" included within the "products-completed operations hazard." j. "Bodily injury" or "property damage" arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended.
k. "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire at any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured.
As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.
l. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading."
This exclusion does not apply to "bodily injury" or "property damage" arising out of parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured.
m. "Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. n. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of:
(1) The insured; or
(2) You or any of your members, partners, executive officers or managers of limited liability companies. o. "Bodily injury," "property damage" or "preventive remedial expense" arising out of acid rain. p. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants" at any site which is included on an EPA or state environmental agency priority clean-up list prior to the "pollution incident." q. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" which results from failure of air or waste water pollution control equipment. r. "Bodily injury," "property damage" or "preventive remedial expense" resulting from the "hazardous properties" of "nuclear material."
As used in this exclusion:
"Hazardous properties" includes radioactive, toxic, or explosive properties; "Nuclear material" means "source material," "special nuclear material," or "by-product material"; "Source material," "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. s. "Bodily injury," "property damage" or "preventive remedial expense" arising out of a "pollution incident" from any insured's premises that was used by that insured for the storage, disposal, processing or treatment of waste materials and was:
(1) Sealed off, closed, abandoned or alienated prior to the effective date of this policy; or (2) Sealed off or closed subject to statute, ordinance or governmental regulation or directive requiring maintenance or monitoring during or after sealing off or closure. t. "Bodily injury," "property damage" or "preventive remedial expense" arising out of waste derived from medical services, procedures, testing or research, and which could potentially transmit disease.
SB300176D (6-16)
20020003420971865342088
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
u. Any multiple damages, "punitive or exemplary damages" or fines or penalties. However, if a "suit" is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and "punitive or exemplary" damages, then we will afford a defense to such action, without liability for such "punitive or exemplary damages." This exclusion does not apply to "suits" brought in the state of Texas. v. "Bodily injury," "property damage" or "preventive remedial expense" arising out of:
(1) the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean-up, remove, contain, or dispose of asbestos.
Asbestos means the mineral in any form whether or not the asbestos was at any time:
(1) Airborne as a fiber, particle, or dust;
(2) Contained in or formed a part of a product, structure, or other real or personal property; (3) Carried on clothing;
(4) Inhaled or ingested; or
(5) Transmitted by any other means.
w. "Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.
x. Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants."
However, this exclusion does not apply to liability for damages because of "property damage" that is not otherwise excluded by this coverage, Office Premises Limited Pollution Coverage, unless the request, demand, order or statutory or regulatory requirement or claim or "suit" is solely by or on behalf of a governmental authority.
C. Paragraph 2.b.(1) of Medical Expenses, of SECTION A. Coverages is deleted and replaced by the following:
(1) Expenses incurred by the insured for first aid to others at the time of a "pollution incident" for "bodily injury" to which this insurance applies.
D. SECTION C. WHO IS AN INSURED is amended as follows:
1. The following subparagraph d. is added to paragraph 4. of SECTION C. WHO IS AN INSURED:
d. Coverage 4., Office Premises Limited Pollution Coverage, does not apply to "bodily injury" or "property damage" arising out of "pollution incidents" that occurred before you acquired or formed the organization.
2. The following additional paragraph is added at the end of SECTION C. WHO IS AN INSURED:
No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE 4., Office Premises Limited Pollution Coverage, unless that endorsement specifically references Office Premises Limited Pollution Coverage by name.
SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
E. SECTION D. Liability And Medical Expenses Limits Of Insurance is deleted and replaced by the following:
LIMITS OF INSURANCE
1. The Limits of Insurance described in this endorsement's Schedule of Limits for Office Premises Limited Pollution Coverage, and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits."
2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily injury" and "property damage" directly resulting from all "pollution incidents" to which Office Premises Limited Pollution Coverage applies.
3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of "bodily injury" and "property damage" directly resulting from any one "pollution incident" to which Office Premises Limited Pollution Coverage applies.
4. The Limits of Insurance of this Office Premises Limited Pollution Coverage 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 preceding period for purposes of determining the Limits of Insurance.
5. The Limits of Insurance for this Office Premises Limited Pollution Coverage are separate from and not subject to the General Aggregate Limit for COVERAGE 1. Business Liability.
6. The Limits of Insurance for this Office Premises Limited Pollution Coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Office Premises Limited Pollution Coverage.
F. SECTION E. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS is amended as follows:
1. Condition 2.a. is replaced by the following:
2. Duties In The Event of Pollution Incident, Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include:
(1) How, when, and where the "pollution incident" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident."
2. The following Condition is added:
Remediation of Insured's Premises
a. Except for "preventive remedial expense" as described in paragraph 4.a.(2) of SECTION A.
COVERAGES, this policy's Office Premises Limited Pollution Coverage doesn't provide coverage for clean-up of "your premises." If a "pollution incident" happens on "your premises" that poses imminent and substantial danger of "bodily injury" or "property damage" to which this insurance applies, you must promptly take at your own expense all reasonable steps to curtail or prevent covered "bodily injury" or "property damage" from happening.
b. If, in defiance of the intent of this policy, we are ever compelled by court or governmental order to pay to clean up part or all of "your premises," you agree to reimburse us for all such costs.
SB300176D (6-16)
20020003420971865342089
Policy 2097186534
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB300176D
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
Policy 2097186534
G. SECTION H. OTHER INSURANCE of the Businessowners Common Policy Conditions is amended to add the following paragraph 4.:
4. This condition does not apply to coverage afforded under Insuring Agreement a.(2) of Coverage 4. Office Premises Limited Pollution Coverage.
H. SECTION F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS is amended to include the following definitions:
"Commences during the policy period" means that the first emission, discharge, release or escape of the "pollutant" or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period.
"Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of "pollutants" in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions, discharges, releases or escapes of "pollutants" will be deemed to be one "pollution incident." "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Preventive remedial expense" means expenses incurred by you for the removal or neutralization of "pollutants" on "your office premises", directly resulting from a covered "pollution incident." "Punitive or exemplary damages" means those damages imposed to punish a wrongdoer and to deter others from similar conduct."
"Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment.
"Your office premises" means "locations" you own, rent or occupy for general office purposes. "Your office premises" does not mean storage yards, nor land held for speculation or development, even if such yards or land adjoin your office building. "Your office premises" does not mean premises you live in. For the purpose of this definition, "location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
All other terms and conditions of the Policy remain unchanged.
SB300176D (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB146968B
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES.
BLANKET ADDITIONAL INSURED ENDORSEMENT
WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE
&
BLANKET WAIVER OF SUBROGATION
Architects, Engineers and Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be:
1. Currently in effect or becoming effective during the term of this policy; and
2. Executed prior to the:
a. "Bodily injury" or "property damage"; or
b. Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage
B. The insurance provided to the additional insured is limited as follows:
1. The person or organization 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:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage" included in the "products-completed operations hazard", and only if:
(1) The written contract or written agreement requires you to provide the additional insured such coverage; and
(2) This Coverage Part provides such coverage.
2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations.
3. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager.
SB146968B (6-16)
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D SB146968B
(Ed. 6-16)
Copyright, CNA All Rights Reserved.
4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor.
C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following:
An additional insured under this endorsement will as soon as practicable:
1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance;
2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part;
3. Except as provided for in paragraph D.2. below:
a. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and
b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured.
D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following:
2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured.
3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers.
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:
(a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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.
E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2. and replace it with the following:
2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged.
SB146968B (6-16) Page 2 of 2
Policy 2097186534
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 2018 Liberty Mutual Insurance
AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm1isosfio7n.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA BUSINESS AUTO COVERAGE
ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.
COVERAGE INDEX
SUBJECT PROVISION NUMBER
ACCIDENTAL AIRBAG DEPLOYMENT 12
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24
EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE - BROADENED COVERAGE 10
GLASS REPAIR - WAIVER OF DEDUCTIBLE 16
HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9
SUPPLEMENTARY PAYMENTS 4
TOWING AND LABOR 7
TWO OR MORE DEDUCTIBLES 18
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows:
21 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.
However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
38 of 86
Policy 7013446068 COMMERCIAL AUTO
AC 85 43 06 18
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm2isosfio7 Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".
However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.
The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:
SECTION II - LIABILITY , Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".
This coverage is excess over any other collectible insurance.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
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a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household.
Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".
7. TOWING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:
We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500.
9. RENTAL REIMBURSEMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
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d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension .
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.
If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.
For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage , is amended by adding the following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
B. SECTION V - DEFINITIONS is amended by adding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following:
If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.
13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:
Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.
14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following:
Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3) Physical damage coverages are provided for the covered "auto".
If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
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Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with Pits
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15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".
C. SECTION V - DEFINITIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.
A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.
16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:
The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
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Includes copyrighted material of Insurance Services Office, Inc., with Pits DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm6isosfio7 The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.
This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.
18. TWO OR MORE DEDUCTIBLES
Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.
For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.
20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.
To the extent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured’s" name and address; and
(c) The names and addresses of any injured persons and witnesses.
21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following:
If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.
22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
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DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D 2018 Liberty Mutual Insurance
Includes copyrighted material of Insurance Services Office, Inc., with Pitsagpeerm7isosfio7 This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.
23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:
This Coverage Form’s Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such other insurance; and
2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".
SECTION V - DEFINITIONS is amended as follows:
24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. 44 of 86
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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
With respect to all employees subject to the
workers' compensation laws of the state of
California, any person or organization for whom
the Named Insured has agreed by written
contract to furnish this waiver.
This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation 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.) Issued to
Premium
TRB AND ASSOCIATES
Carrier Code 00920
Endorsement No.
Countersigned at on By:
WC 04 03 06
Authorized Representative
(Ed. 4-84) © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 04 03 06 Policy EIG463819502 (Ed. 4-84)
This endorsement, effective 11/10/2022 at 12:01 AM standard time, forms a part of Policy No. EIG 4638195 02 Of the EMPLOYERS PREFERRED INS. CO.
DocuSign Envelope ID: B743DFA0-157B-4AD7-A4FB-28361395DB2D Certificate Of Completion
Envelope Id: B743DFA0157B4AD7A4FB28361395DB2D Status: Completed Subject: Complete with DocuSign: TRB Assocites Professional Services Agreement_LZ- Final.pdf Source Envelope:
Document Pages: 94 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 6 Anthony Cook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.198.246.140
Record Tracking
Status: Original
3/28/2023 11:11:23 AM
Holder: Anthony Cook
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Vallejo Location: DocuSign Signer Events Signature Timestamp
Todd Bailey
[email protected]
President
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Using IP Address: 174.83.149.80
Sent: 3/28/2023 11:15:55 AM
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Signed: 3/28/2023 1:22:21 PM
Electronic Record and Signature Disclosure:
Accepted: 3/28/2023 1:22:10 PM
ID: 50b73f86-f82a-49c7-9827-db2b0bece272
Christina Ratcliffe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.13.212.240
Sent: 3/28/2023 1:22:25 PM
Viewed: 3/28/2023 2:37:53 PM
Signed: 3/28/2023 2:38:08 PM
Electronic Record and Signature Disclosure:
Accepted: 2/9/2021 6:42:03 AM
ID: e7ed1df6-7283-4780-9d61-7b275de9aa19
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
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Using IP Address: 73.222.50.107
Sent: 3/28/2023 2:38:12 PM
Viewed: 3/28/2023 4:40:26 PM
Signed: 3/28/2023 4:43:25 PM
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Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 3/28/2023 4:43:30 PM
Resent: 3/29/2023 12:12:53 PM
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Signed: 3/29/2023 12:36:24 PM
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Veronica Nebb
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.101.37.162
Sent: 3/29/2023 12:36:28 PM
Viewed: 3/29/2023 4:24:29 PM
Signed: 3/29/2023 4:26:54 PM
Electronic Record and Signature Disclosure:
Accepted: 6/23/2021 5:11:28 PM
ID: efeca5c8-5bd2-4390-adf5-bad54db96447
Michael Malone
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 3/29/2023 4:26:57 PM
Viewed: 3/29/2023 4:59:15 PM
Signed: 3/29/2023 4:59:31 PM
Electronic Record and Signature Disclosure:
Accepted: 4/12/2020 2:08:19 PM
ID: a860947a-3e66-4b93-b9ec-f5e39f7bbae0
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.194.136.107
Signed using mobile
Sent: 3/29/2023 4:59:35 PM
Viewed: 3/29/2023 5:00:08 PM
Signed: 3/29/2023 5:00:20 PM
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
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Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 3/29/2023 5:00:24 PM
Electronic Record and Signature Disclosure:
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Anthony Cook
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/29/2023 5:00:25 PM
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Certified Delivered Security Checked 3/29/2023 5:00:08 PM Signing Complete Security Checked 3/29/2023 5:00:20 PM
Completed Security Checked 3/29/2023 5:00:25 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Todd Bailey, Christina Ratcliffe, Veronica Nebb, Michael Malone Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Vallejo:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
To contact us by email send messages to: [email protected] To advise City of Vallejo of your new email address
To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
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CONSENT CALENDAR 8.O.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, AICP
Planning and Development Services Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE EXISTING
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. TO INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $131,520 AND TO EXTEND THE TIME FRAME THROUGH AUGUST 31, 2024, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving a Second Amendment to the existing Consultant and Professional Services Agreement with Interwest Consulting Group, Inc. to increase the maximum not-to-exceed amount of the Agreement to $131,520 and to extend the time frame through August 31, 2024, and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The Planning Division is extremely short-staffed and additional assistance is required while recruiting for fulltime positions. Interwest Consulting Group, Inc. provides expert assistance in this area.
BACKGROUND AND DISCUSSION
The Planning Division uses contractual services such as those provided by Interwest, Inc. on an as-needed basis to assist staff with plan review, permits, and other work related to planning permits during periods of high activity or for projects requiring specialized knowledge. Contractual support supplements the City staff's effort to reduce planning permit process turn-around time, provide customer support and manage the workload in light of ongoing staffing shortages.
FISCAL IMPACT
There will be no impact on the General Fund as a result of the recommended action. Funding for planning services as described herein will come from vacancy savings.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS
1. Interwest 2nd Amendment Resolution_CAO_Stamp
2. Interwest Second Amendment to Professional Services Agreement_CAO_Stamp
3. 1st_Amendment_Interwest
Date: May 28, 2024
Subject: ADOPT A RESOLUTION APPROVING A SECOND AMENDMENT TO THE EXISTING
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. TO INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $131,520 AND TO EXTEND THE TIME FRAME THROUGH AUGUST 31, 2024, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
4. Interwest Professional Services Agreement_CAO Stamp- Executed
CONTACT
Christina Ratcliffe, AICP
Planning and Development Services Director
[email protected]
RESOLUTION NO. 24- _____ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE
SECOND AMENDMENT TO THE EXISTING CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST CONSULTING GROUP, INC. TO INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT OF THE AGREEMENT TO $131,520 AND TO EXTEND THE TIME FRAME THROUGH AUGUST 31, 2024, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME
WHEREAS, the City of Vallejo Planning and Development Services Department Planning Division uses contractual services on an as-needed basis to assist staff with plan review, and other work related to planning permits during periods of high construction activity or for projects requiring specialized knowledge; and
WHEREAS, contractual support supplements the City staff's effort to reduce permit processing turn-around time, manage the workload in light of fluctuating demand; and WHEREAS, contractual services assist the Planning Division to maintain critical staffing levels when positions become vacant and/or service needs increase; and WHEREAS, the Division current staffing level is not sufficient to support the work required to process complex planning applications, and requires outside consultants to provide technical expertise on a range of disciplines necessary to process complex projects in a timely manner; and
WHEREAS, Interwest Consulting Group, Inc. provides necessary specialized planning consulting services; and
WHEREAS, this second amendment provides an additional $31,520 for a new not to exceed amount of $131,520 through August 31, 2024; and
WHEREAS, the City’s Planning and Development Services Department salary savings will pay for this work; and
WHEREAS, This action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the Second Amendment to the existing Consultant and Professional Services Agreement with Interwest Consulting Group, Inc. to increase the maximum not-to-exceed amount of the Agreement to $131,520 and to extend the time frame through August 31, 2024.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute same.
Adopted by the City Council of the City of Vallejo at a regular meeting held on May 28, 2024, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST: ______________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and Interwest Consulting Group, Inc.
SECOND AMENDMENT TO
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT BETWEEN
CITY OF VALLEJO
AND
INTERWEST CONSULTING GROUP, INC.
This Second Amendment to the Consultant and Professional Services Agreement made and entered into on June 13, 2023, hereinafter referred to as “Agreement,” between Interwest Consulting Group, Inc., a California corporation, therein referred to as “Consultant, and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 28th day of May 2024.
Whereas, on March 28, 2024, the parties amended the Agreement to increase compensation to the Consultant by $31,520 to a maximum not-to-exceed amount of $100,000.
Whereas, the parties wish to amend the Agreement to amend the Agreement to allow consultant to continue work on existing pending projects.
Now, therefore, Consultant and City mutually agree as follows:
1. Revised Term of the Agreement. Section 16 of the Agreement, “Term”, shall be modified to read in its entirety as follows:
“The Term of this Agreement shall commence on June 13, 2023 and shall continue in full force and effect until August 31, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of three months, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section shall not exceed three years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement and relieve City of any further obligation therefor.”
2. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $31,520 to a maximum not-to-exceed amount of $131,520.00.
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and Interwest Consulting Group, Inc.
3. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and CONSULTANT shall perform all duties, obligations and conditions required under the Agreement.
4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
7. Authority. The person signing this Second Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Second Amendment on behalf of Consultant.
SIGNATURES ON THE FOLLOWING PAGE
Second Amendment to Consultant Professional Services Agreement Between City of Vallejo and Interwest Consulting Group, Inc.
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
INTERWEST CONSULTING, INC.,
a California corporation
BY:
Paul Meschino
Vice President of Operations
DATE:
11711334
Vallejo Business License No
(City Seal)
CITY OF VALLEJO,
a municipal corporation
BY:
Gillian Haen
Assistant City Manager
DATE:
ATTEST:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe, AICP
Planning & Development Services Director
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
First Amendment to Agreement between City of Vallejo and Interwest Consulting Group, Inc. Page 1 of 3 (Rev. 09/13)
FIRST AMENDMENT TO
AGREEMENT BETWEEN
CITY OF VALLEJO
AND
INTERWEST CONSULTING GROUP, INC.
This First Amendment to the Consultant and Professional Services Agreement made and entered into on June 13, 2023, hereafter referred to as “Agreement,” between Interwest Consulting Group, Inc., a California corporation, therein referred to as “Consultant,” and the City of Vallejo, a municipal corporation, therein referred to as “City,” is made and entered into on this 28th day of March 2024.
Consultant and City do mutually agree as follows:
1. Revised Compensation to Consultant. Consultant’s compensation as set forth in Section 1.A of Exhibit B of the Agreement is hereby increased by $31,520.00 to a maximum not to exceed amount of $100,000.00.
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement, and all prior amendments, if any, shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
DocuSign Envelope ID: 0198D212-F56B-48AF-A26D-134789BD2746 First Amendment to Agreement between City of Vallejo and Interwest Consulting Group, Inc. Page 2 of 3 (Rev. 09/13)
(SIGNATURES ARE ON THE FOLLOWING PAGE)
DocuSign Envelope ID: 0198D212-F56B-48AF-A26D-134789BD2746 First Amendment to Agreement between City of Vallejo and Interwest Consulting Group, Inc. Page 3 of 3 (Rev. 09/13)
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
Interwest Consulting Group,
A California corporation
By:
Paul Meschino
Vice President of Operations
DATE: ____________________
11711334
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
A municipal corporation
By:________________________
Michael Malone
City Manager
DATE:___________
ATTEST:
By:________________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
__________________________
Christina Ratcliffe, AICP
Planning and Development Services
Director
APPROVED AS TO INSURANCE:
__________________________
Armond Sarkis
Risk Manager
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
DocuSign Envelope ID: 0198D212-F56B-48AF-A26D-134789BD2746 3/28/2024 4/9/2024
Jun 15, 2023 9:53 AM, 1112261299
Contract and Routing Form
Requisition Number: 1112257716
Date Originated:
Finance Department ∙ 555 Santa Clara Street ∙ Vallejo ∙ CA ∙ 94590 ∙ 707.648.4592 Department: Planning and Building Services, Planning Division Staff Contact: Anthony Cook, [email protected] Contract Type: Professional Services Agreement
Vendor: Interwest Vendor Number:101915
Business License Number: 11711334
Contract Not to Exceed Amount: 68480.00
Contract Start Date: Jun 13, 2023 End Date: Jun 13, 2024 Option to Extend: City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 5 of 10 exceed three years.
Authority to Contract: City Manager
Other Comments:
City Council approved with Reso. 23-085
Insurance attached
Pre-Req #1112257716 attached
Attachments are uploaded for review here: https://bit.ly/vContracts Approved Pre-Requisition Form
Insurance
I have uploaded additional files.No
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 Contract and Routing Form
Signature Page
Department Initial Date Comment
Originating Department/Division
Risk Manager
Finance Department
City Attorney
City Manager
City Clerk
Return executed contract to: Anthony Cook
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 6/20/2023
6/22/2023
6/22/2023
6/23/2023
6/26/2023
6/26/2023
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 1 of 10
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
Interwest Consulting Group
This Consultant and Professional Services Agreement ("Agreement") is made at Vallejo, California, dated for reference this 13th day of June, 2023, by and between the City of Vallejo, a municipal corporation ("City"), and Interwest Consulting Group, Inc., a Colorado corporation, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this Agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
The provisions of this section shall survive the expiration or termination of this Agreement.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 2 of 10
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 3 of 10 whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 4 of 10
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
16. Term. The term of this Agreement shall commence on June 13, 2023 and shall continue in full force and effect until June 13, 2024.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of one year, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 5 of 10 exceed three years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is initially approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
17. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
18. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 6 of 10
19. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
20. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance, which consent shall not be unreasonably denied or delayed. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
21. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
22. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 7 of 10 orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
23. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City: Christina Ratcliffe, AICP
Planning and Development Services Director
Planning and Development Svcs. Dept.
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
If to Consultant: Richard Smeaton
Principal Planner
Interwest Consulting Group
39355 California St, Suite 200
Freemont, CA 94538
[email protected]
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 8 of 10 deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as "City Information") which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 9 of 10 Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative's designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 10 of 10 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
Interwest Consulting Group, Inc.
a Colorado corporation
By:
Paul Meschino
Vice President of Operations
DATE:
11711334
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Gillian Hayes
Assistant City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
Christina Ratcliffe, AICP
Planning and Development Services
Director
APPROVED AS TO FORM:
Veronica A.F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 6/20/2023 6/26/2023
May 3, 2023
Christina Ratcliffe
Planning and Development Services Director
City of Vallejo
555 Santa Clara St
Vallejo, CA. 94590
RE: Interwest Consulting Group – Contract Planning Services Dear Ms. Ratcliffe,
Please accept this proposal package for the Interwest’s Planning Services Group for Contract Planning Services.
We understand the City is seeking assistance in managing complex current planning projects and are pleased to present this proposal for contract planning services.
Our staff will be directed from our Fremont office. Our Project Administrator, Richard Smeaton, will be responsible for the contract and billing. His contact information is:
Interwest is proposing Erwin Ordonez as the Principal Planner to assist the City. His resume is attached to this proposal.
Scope of Work
We understand the City is seeking an experienced Principal Planner to act as an extension of staff under the direction of the Planning Manager or their designee to assist with zoning code amendments, housing policy related work, and/or municipal entitlements. Possible assignments include:
Deliverables include:
Researching and Writing Zoning Code Amendments
Process General Plan Amendments and Zoning Code Amendments as needed. Assist the City in conducting studies funded through grants. Update planning regulations, such Accessory Dwelling Units, to meet current State law requirements. Attend meetings of the City Council, Planning Commission, DRB, AHLC, City staff, community members, developers, contractors and the general public as directed.
Richard Smeaton
Project Administrator | Principal Planner
(408) 430-2203 | [email protected]
EXHIBIT A DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 Other planning-related duties as assigned by the Planning Manager.
The scope of work assumes that the City will make available templates for all required staff reports, standard conditions of approval, resolutions/ordinances, and other documents needed to process the application. It is also assumed that the City will publish and mail public hearing notices.
At the City’s request the scope of work can be expanded to cover specialized studies or projects involving additional Interwest staff. A separate scope of work can be provided for these tasks if they are requested.
Work will be provided onsite or remotely as agreed upon by the City of Vallejo and Interwest.
Payment Schedule
The rates displayedin the fee schedule belowreflectInterwest’s currentfees.Hourly rates are typically reviewed yearly on July 1 and may be subjectto revision unless under specific contract obligations.Our rates will be firm for the first year of the agreement. In addition, there is no charge for shipping, supply, or material costs.
Classification Hourly Billing Rate
Planning Services
Community Development Director...........................................................................................................$200 Planning Manager........................................................................................................................................185 Principal Planner..........................................................................................................................................165 Senior Planner.............................................................................................................................................. 155 Associate Planner......................................................................................................................................... 125 Assistant Planner ......................................................................................................................................... 100 Planning Tech................................................................................................................................................. 80 No price increases will occur during the first year of the Contract. Thereafter, rates will be increased annually on January 1st. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
The invoices shall reference the project title, entitlement project or tracking number, and list charges by task, worker classification hours, billing rate, and totals.
The Not to Exceed amount for planning contract services is $68,480. Term is for one calendar yearfrom date of contract execution.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 Erwin Ordonez, AICP, EDFP
PRINCIPAL PLANNER
Erwin has over 25 years of work experience managing community development, housing and economic development programs and projects and 10+ years of managing local housing agencies and supervision. He has worked in conjunction with elected officials, senior management, community groups, developers, nonprofits and colleagues in other agencies to build professional relationships and to identify goals and complete projects of community significance. He understands housing opportunities at all socio-economic levels, while maintaining safe livable communities with the necessary economic activity required to thrive.
PROFESSIONAL HISTORY
Principal Planner / Interwest Consulting Group / 2021 – Present Erwin performs complex, advanced level professional planning work in current planning, advanced planning, or housing related projects throughout Northern California. He provides supervision to professional planning staff and coordinates and manages all activities related to the project.
Senior Business Development Manager / MidPen Housing, CA / 2017 - 2018
Erwin Served as a manager for the Business Development Team to research, analyze and evaluate potential sites for affordable housing developments and tax credit funding throughout the Bay Area and adjacent counties; He coordinated the preparation of special studies, evaluation reports, memorandum of understanding, letters of intent and purchase and sale documents. Erwin conducted field visits, site research and met with key stakeholders, elected/public officials and property owners. He also provided support to the Business Development Director and Chief Real Estate Officer for presentations and reports to the non-profit Development Committee and Board of Directors. Erwin also attended local advocacy and public meetings to represent MidPen and support its efforts related to affordable housing. Key projects included successful 1st SF Teacher Housing Development RFQ proposal, SJ Moorpark Supportive Housing Development, Mountain View Sobrato Affordable Housing Development, TreeHouse Morgan Hill Intergenerational Housing and the Sobrato Redwood City Homeless Housing Site Evaluation, Destination Home RFQ response.
Community Development Director / City of Saratoga, Ca / 2015 - 2017 Erwin provided leadership as the City's principal planner and a member of its executive management team. He was responsible for overseeing all activities and operations of the community development department, including long-range and current planning, development review permitting, housing element compliance, business licensing and building and code compliance services.
Senior Planner | Acting Advance Planning Manager / Town of Los Gatos, CA / 2012 - 2015
Erwin served as the Chair of the Development Review Committee, Housing Programs Manager, Project Planner and former RDA Board Liaison. Tasks included but were not limited to managing Staff and the General Plan Committee Years of Experience: 25+
Education
BS, Urban Studies and
Planning, University of
California, San Diego, CA
Major Coursework
Completed, Urban and
Regional Planning Program,
San Jose State University, CA
Registrations/Certifications
Certification, American
Institute of Certified
Planners
Certification, Economic
Development Finance
Professional, National
development Council
Professional Affiliations
Former Chair, Santa Clara
County Planning Officials
(SCCAPO)
Awards
2013 Silicon Valley
Leadership Group/Housing
Action Coalition Housing
Hero Recognition
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 ERWIN ORDONEZ, AICP, EDFP – PRINCIPAL PLANNER
and Housing Element Advisory Board, Managing the 2014 Housing Element update and managing staff for the Urban County/CDBG Technical Advisory Committees.
Senior Project Manager | Housing Manager / City of Morgan Hill, CA / 2008 - 2012 Erwin managed the Housing Services Division’s seven member staff and administered Morgan Hill’s acclaimed housing programs. He coordinated the annual City/RDA funding process for services and development applications and was responsible for the preparation of the $6M annual budget with Redevelopment housing, CDBG and in-lieu fee funds. Erwin also managed staff to the Mobile Home Rent Commission and City Council’s Community and Economic Development Committee. He coordinated preparation of the State Certified Housing Element and the staffing of the Housing Element Taskforce. Erwin also managed the economic development programs during the wind down of Morgan Hill’s Redevelopment Agency.
Senior Housing Planner / City of Santa Clara, CA / 2002 - 2008 Erwin served as the assistant manager for the Housing and Community Services Division 5 member staff. He was the primary negotiator for the redevelopment agency’s affordable housing projects and served in a Dual-role as RDA housing project manager and development review project planner for residential projects. Erwin also conducted special projects as the planner or planning director.
Associate Planner / City of Sunnyvale, CA / 2000 - 2002 Erwin served as the lead planner on assignments for significant residential and commercial development projects where he coordinated 2000 Comprehensive Zoning Ordinance Updates, Completed Crawford Drive and County Pockets Annexations and served as lead Planner for Moffett Park Specific Plan and EIR preparation, including development of TDR concept.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 1 of 2 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant, at the rate(s) specified below, for those services set forth in Exhibit A of this Agreement, for a total not to exceed Sixty-Eight Thousand and Four Hundred Eighty Dollars and Zero Cents ($68,480.00).
2. Appropriate Billable Hourly Rates for Services and Additional Services.
Consultant’s billable hourly rates shall be as listed in Attachment 1 of Exhibit B, attached hereto and incorporated herein by this reference.
3. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
4. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed.
B. Request for payment shall be sent to:
Anthony Cook
Administrative Analyst
Planning and Development Services
555 Santa Clara Street
Vallejo, CA 94590
[email protected]
5. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 2 of 2 Exhibit B - Compensation
6. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
7. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 Other planning-related duties as assigned by the Planning Manager.
The scope of work assumes that the City will make available templates for all required staff reports, standard conditions of approval, resolutions/ordinances, and other documents needed to process the application. It is also assumed that the City will publish and mail public hearing notices.
At the City’s request the scope of work can be expanded to cover specialized studies or projects involving additional Interwest staff. A separate scope of work can be provided for these tasks if they are requested.
Work will be provided onsite or remotely as agreed upon by the City of Vallejo and Interwest.
Payment Schedule
The rates displayed in the fee schedule below reflect Interwest’s current fees. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. Our rates will be firm for the first year of the agreement. In addition, there is no charge for shipping, supply, or material costs.
Classification Hourly Billing Rate
Planning Services
Community Development Director ........................................................................................................... $200 Planning Manager ........................................................................................................................................ 185 Principal Planner .......................................................................................................................................... 165 Senior Planner .............................................................................................................................................. 155 Associate Planner ......................................................................................................................................... 125 Assistant Planner ......................................................................................................................................... 100 Planning Tech................................................................................................................................................. 80 No price increases will occur during the first year of the Contract. Thereafter, rates will be increased annually on January 1st. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”) for the Municipality or, if not reported for the Municipality the CPI for cities of a similar size within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.
The invoices shall reference the project title, entitlement project or tracking number, and list charges by task, worker classification hours, billing rate, and totals.
The Not to Exceed amount for planning contract services is $68,480. Term is for one calendar year from date of contract execution.
ATTACHMENT 1 OF EXHIBIT B
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer's Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. Other than workers compensation coverage, for any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. 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.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
Consultant and Professional Services Agreement_ Interwest Consulting Group, Inc. Page 3 of 3 Exhibit C – Insurance Requirements
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/3/2023
RBN Insurance Services
303 E Wacker Dr Ste 650
Chicago IL 60601
Symone White 312-856-9400 312-856-9425 [email protected] Hartford Fire Insurance Co. 19682 SAFELLC-01 Hartford Casualty Insurance Co 29424 Interwest Consulting Group
444 N. Cleveland Ave.
Loveland CO 80537
Great American E&S Ins. Co. 37532 Bridgeway Insurance Company 12489 TWIN CITY FIRE INS CO CO 29459 Lexington Insurance Company 19437 163133000 A X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X
Y 83UENZV3951 10/3/2022 10/3/2023
2,000,000
B 1,000,000 X
X X
83UENPY9100 10/3/2022 10/3/2023
D
F
X 10,000,000 X
8E-A7-XL-0002079-01
011170903
10/3/2022
10/3/2022
10/3/2023
10/3/2023
10,000,000 X
0 E X
N
Y 83WECE0623 5/12/2022 5/12/2023
1,000,000 1,000,000 1,000,000
C Professional Liability TER 4495168 10/3/2022 10/3/2023 Each Claim/Aggregate 10,000,000 RE: Lake Dalwigk project
The City of Vallejo, its officers, officials, employees, agents and volunteers are Additional Insured with respect to General Liability as required by written contract. A waiver of subrogation applies to the workers compensation policy as required by written contract. City of Vallejo; Attn: Risk Manager 555 Santa Clara Street
Vallejo CA 94590
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
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DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 ROMS, tapes, drives, cells, data processing 25. "Your work":
devices or any other media which are used with a. Means:
electronically controlled equipment. (1) Work or operations performed by you or 21."Suit" means a civil proceed ing in which on your behalf; and damages because of "bodily injury", "property (2) Materials, parts or equipment furnished in damage" or "personal and advertising injury" to connection with such work or operations. which this insurance applies are alleged. "Suit" includes: b. Includes
a. An arbitration proceed ing in which such (1) Warranties or representations made at damages are claimed and to which the any time with respect to the fitness, insured must submit or does submit with our quality, durability, performance or use of consent; or "your work", and
b. Any other alternative dispute resolution (2) The providing of or failure to provide proceedi ng in which such damages are warnings or instructions. claimed and to which the insured submits with
our consent.
22."Temporary worker" means a person who is
furnished to you to substitute for a permanent
"employee" on leave or to meet seasonal or
short-term workload conditions.
23."Volunteer worker" means a person who
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope
of duties determined by you; and
d. Is not paid a fee, salary or other
compens ation by you or anyone else for their
work performed for you.
24."Your product":
a. Means:
(1) Any goods or products , other than real
property, manuf actured, sold, handled,
distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose
business or assets you have acquired;
and
(2) Containers (other than vehicles),
materials, parts or equipment furnished in
connection with such goods or products.
b. Includes
(1) Warranties or representations made at
any time with respect to the fitness,
quality, durability, performance or use of
"your product"; and
(2) The providing of or failure to provide
warnings or instructions.
c. Does not include vending machines or other
property rented to or located for the use of
others but not sold.
HG 00 01 09 16 Page 21 of 21
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER
FROM OTHERS ENDORSEMENT
Endorsement Number:
Polley Number: 83 WE CE0623
Effective Date: 05/12/22
Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: SAFEBUIL T LLC
3755 PRECISION DR ST 140
LOVELAND CO 80538
INTERWEST CONSUL TING GROUP
PO BOX 18330
BOULDER CO 80308
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 shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
Any person or organization from whom you are required by contract or agreement to obtain this waiver from us.
Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Form WC 00 03 13 Printed in
U.S.A. Process Date: 05/11/22
Countersigned by ------------------- Authorized Representative Polley Expiration Date: 05/12/23
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9
INSR ADDL SUBR
LTR INSR WVD
DATE (MM/DD/YYYY)
PRODUCER CONTACT
NAME:
PHONE FAX
(A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER
POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:
JECT LOC
COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS
AUTOS ONLY
HIRED PROPERTY DAMAGE $
AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY
NON-OWNED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Berkshire Hathaway Homestate Ins Co
5/18/2023
McGriff Insurance Services LLC
201 Alhambra Circle, 14th Floor
Miami, FL 33134
305 670-0083
Lauren Mayer
305 670-0083 8668028668
[email protected]
Interwest Consulting Group
444 N. Cleveland Avenue
Loveland, CO 80537
20044
A
N
Y SAWC458304 05/12/2023 05/12/2024 X
1,000,000
1,000,000
1,000,000
RE: Lake Dalwigk project
A waiver of subrogation applies to the workers compensation policy as requir City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
1 of 1
#S32165196/M32162319
Client#: 2303750 132SAFEBLLC
LEMA
1 of 1
#S32165196/M32162319
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 This page has been left blank intentionally.
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 RESOLUTION NO. 23-085 N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH INTERWEST, INC. FOR PLANNING SERVICES NOT TO EXCEED $68,480 THROUGH JUNE 2024 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the Planning Division’s current staffing level is not sufficient to support the work required to function appropriately and an outside consultant is required to provide technical expertise to process planning applications in a timely manner; and WHEREAS, Interwest, Inc. is well-qualified, willing, and able to provide such staffing and planning services; and
WHEREAS, the City’s Planning and Development Services Department has sufficient funds in its Professional Services budget to pay for this work.
NOW, THEREFORE BE IT RESOLVED that the Council hereby approves a Consultant and Professional Services Agreement between the City of Vallejo and Interwest, Inc., attached hereto as Exhibit A, in an amount not to exceed $68,480 through June 30, 2024.
BE IT FURTHER RESOLVED that the Council hereby authorizes the City Manager to execute the aforementioned Agreement.
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 13, 2023, with the following vote:
AYES: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Bregenzer, Loera-Diaz, Matulac, and Palmares
NOES: None
ABSENT: None
ABSTAIN: None
______________________________________
ROBERT MCCONNELL, MAYOR
ATTEST:
_____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/Organization: Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All CO Operations 827.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. © 1983 National Council on Compensation Insurance
(Ed. 4-84)
WC 00 03 13 Countersigned by ____________________________________ Insurance Company: Berkshire Hathaway Homestate Ins Co
Insured:
Endorsement Effective: 05/12/2023 Policy No.: SAWC458304 Endorsement No.:
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Premium $
DocuSign Envelope ID: 20CA08D6-3AA0-4DF8-81B0-479E3339CEC9 Certificate Of Completion
Envelope Id: 20CA08D63AA04DF881B0479E3339CEC9 Status: Completed Subject: Complete with DocuSign: Interwest Professional Services Agreement_CAO Stamp- Final.pdf, CO Waiv...
Source Envelope:
Document Pages: 54 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 6 Anthony Cook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.128.39.127
Record Tracking
Status: Original
6/15/2023 9:59:44 AM
Holder: Anthony Cook
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Vallejo Location: DocuSign Signer Events Signature Timestamp
Paul Meschino
[email protected]
President
Interwest Consulting Group
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.25.220.226
Sent: 6/15/2023 10:04:04 AM
Resent: 6/15/2023 10:41:13 AM
Resent: 6/15/2023 5:51:51 PM
Resent: 6/20/2023 9:37:19 AM
Resent: 6/20/2023 3:13:03 PM
Viewed: 6/20/2023 3:46:26 PM
Signed: 6/20/2023 3:47:34 PM
Electronic Record and Signature Disclosure:
Accepted: 6/9/2021 3:10:24 PM
ID: 783a13d0-b812-479b-9393-db2de7fa5367
Christina Ratcliffe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 6/20/2023 3:47:37 PM
Viewed: 6/20/2023 4:00:33 PM
Signed: 6/20/2023 4:00:42 PM
Electronic Record and Signature Disclosure:
Accepted: 2/9/2021 6:42:03 AM
ID: e7ed1df6-7283-4780-9d61-7b275de9aa19
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.222.50.107
Sent: 6/20/2023 4:00:44 PM
Resent: 6/21/2023 11:01:12 AM
Resent: 6/21/2023 3:40:45 PM
Resent: 6/22/2023 1:36:01 PM
Viewed: 6/22/2023 1:36:36 PM
Signed: 6/22/2023 1:37:01 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 6/22/2023 1:37:04 PM
Viewed: 6/22/2023 5:06:21 PM
Signed: 6/22/2023 5:06:29 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Veronica A.F. Nebb
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.101.37.162
Sent: 6/22/2023 5:06:31 PM
Resent: 6/23/2023 9:10:21 AM
Viewed: 6/23/2023 4:27:36 PM
Signed: 6/23/2023 4:32:07 PM
Electronic Record and Signature Disclosure:
Accepted: 6/23/2021 5:11:28 PM
ID: efeca5c8-5bd2-4390-adf5-bad54db96447
Gillian Hayes
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 71.128.39.127
Sent: 6/23/2023 4:32:09 PM
Resent: 6/26/2023 9:38:17 AM
Viewed: 6/26/2023 11:37:59 AM
Signed: 6/26/2023 11:38:58 AM
Electronic Record and Signature Disclosure:
Accepted: 4/15/2020 8:49:56 AM
ID: 64073036-7742-40cb-9ec6-9617d2aada96
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 166.137.163.36
Sent: 6/26/2023 11:39:01 AM
Viewed: 6/26/2023 11:40:25 AM
Signed: 6/26/2023 11:40:33 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2023 11:40:36 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Cook
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2023 11:40:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Maria Haro-Sullivan
[email protected]
Interwest
Security Level: Email, Account Authentication
(None)
Sent: 6/26/2023 11:40:39 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/15/2023 10:04:04 AM
Envelope Updated Security Checked 6/22/2023 1:33:45 PM
Certified Delivered Security Checked 6/26/2023 11:40:25 AM Signing Complete Security Checked 6/26/2023 11:40:33 AM Completed Security Checked 6/26/2023 11:40:39 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Paul Meschino, Christina Ratcliffe, Veronica A.F. Nebb, Gillian Hayes Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
Until or unless you notify City of Vallejo as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Vallejo during the course of your relationship with City of Vallejo.
CONSENT CALENDAR 8.P.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Christina Ratcliffe, AICP, Planning and Development Services Director SUBJECT: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH LAND LOGISTICS, INC. FOR PLANNING CONSULTANT SERVICES TO INCREASE THE CONTRACT AMOUNT BY $100,000 FOR A MAXIMUM NOT-TO-EXCEED AMOUNT OF $200,000 THROUGH AUGUST 31, 2024, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
RECOMMENDATION
Adopt a Resolution approving the Third Amendment to the Consultant and Professional Services Agreement with Land Logistics, Inc. for Planning Consultant Services to increase the contract amount by $100,000 for a maximum not-to-exceed amount of $200,000 through August 31, 2024, and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
The Planning Division is extremely short-staffed and additional assistance is required while recruiting for full time positions. Land Logistics, Inc. provides expert assistance in this area.
BACKGROUND AND DISCUSSION
The Planning Division uses contractual services on an as-needed basis to assist staff with plan review, permits, and other work related to planning permits during periods of high activity or for projects requiring specialized knowledge. Contractual support supplements the City staff's effort to reduce planning permit process turn-around time, provide customer support and manage the workload in light of on-going staffing shortages.
FISCAL IMPACT
There will be no impact on the General Fund as a result of the recommended actions. Funding for planning services as described herein will come from the Department's vacancy savings.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378, as it is not a project that has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS
1. Resolution 3rd Amendment Land Logistics_CAO_Stamp
2. 3rd Amendment Land Logistics Agreement_CAO Stamp
3. 3rd amendment Exhibit A-1
4. 2nd_Amendment_Land_Logistics CAO Stamp
5. 23-PS145 1st Amend Land Logistics
6. Land_Logistics_Professional_Services_Agreement-Contract_Planner_lz-_Executed Date: May 28, 2024
Subject: ADOPT A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH LAND LOGISTICS, INC. FOR PLANNING CONSULTANT SERVICES TO INCREASE THE CONTRACT AMOUNT BY $100,000 FOR A MAXIMUM NOT-TO-EXCEED AMOUNT OF $200,000 THROUGH AUGUST 31, 2024, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME