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HomeMy WebLinkAboutCivic Solutions, Inc. - 2014-11-261, CONTRACTS SUBMITTAL TO re ' CITY' CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Civic Solutions, Inc. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Review and assess the City's land use and development regulatory process. Amount of Contract: $7,500 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: , l xtension City Attorney's Office X - G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIVIC SOLUTIONS, INC. FOR DEVELOPMENT SERVICES PROCESS ASSESSMENT THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Civic Solutions, Inc., a Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to review and assess the City's land use and development regulatory processess; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Tom Merrell who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professional Svcs to $49 10/12 1 of 1 I 3. TERM; TIME OF PERFORMANCE Time 9is of the essence of this Agreement. The services of CONSULTANT are to commence on V L'` ; 20('�— (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 3 years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seven Thousand Five Hundred Dollars ($7,500.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional svcs to $49 10/12 2 of I 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professional svcs to $49 10/12 3 of 11 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professional svcs to $49 10/12 4 of I I waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professionalsvcsto $49 10/12 5 of 11 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professional svcs to $49 10/12 6 of 11 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Ken Domer 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Civic Solutions, Inc. ATTN: Thomas Merrell 27362 Calle Arroyo San Juan Capistrano, CA 92675 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional Svcs to $49 10/12 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professional sves to $49 10/12 8 of 11 provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professional svcs to $49 10/12 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/surfnet/professional svcs to $49 10/12 10 of I 1 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Civic Solutions, Inc. COMPANY NAME prime ITS: (circle one) Chairm resi ent ice President AND B rin name ITS: (circle o Secretary hief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professional svcs to $49 10/12 11 of I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California i City Manager To HBMC §3.03.100) APPROVED ASTOFORM: City Attorne Date EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) An assessment of the City's permit, inspection and entitlement processes provided by the departments responsible for land use and development regulation to ensure the City is operating in a business -friendly manner. Civic Solutions will conduct the assessment in a three-phase process: 1) Applicant Feedback/Issue Identification, 2) Optional Draft Action Strategy, and 3) Optional Implementation tasks. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The first phase will include a review of feedback received by the City to date, followed by applicant and staff interviews to identify issue areas. Because the results of Phase 1 will largely determine the scope of Phases 2 and 3, only Phase 1 is detailed out in scope and cost. The scope and cost of subsequent steps, if any are needed, will be jointly determined by the City and Civic Solutions. Three members of Civic Solutions team will perform the tasks in phase 1. Tom Merrell, the company's president, will be integrally involved in the review and analysis. He brings decades of experience managing public planning and development review agencies and is adept at identifying problem areas and proposing solutions. Our Principal Project Manager, Maryann Marks, will manage the process, prepare documentation and conduct many of the planned interviews. Jeffrey Hook, also a Principal Project Manager with the firm, will work with EXHIBIT A our team to analyze input received about the City's development process and present findings and recommendations to the City Manager. The outline and tasks for the Phase 1 services are as follows: PHASE 1: APPLICANT FEEDBACK/ISSUE IDENTIFICATION SCOPE OF WORK 1. Compile List of Participants —Civic Solutions will collaborate with City staff to compile a list of applicants, developers, merchants or others to be interviewed or contacted to provide feedback on the City's development process. The list should include the Huntington Beach Chamber of Commerce and any others City staff recommends. 2. Review Existing Feedback— The Civic Solutions team will review feedback the City has received to date on its permit, inspection and entitlement processes. Feedback may include, but is not limited to, correspondence, public hearing minutes and videos, and the City's strategic objectives. 3. Meet with City Management Team — The Civic Solutions team will meet with the City Manager and other staff he may designate to discuss the draft list of applicants and interested parties to be interviewed and review the feedback received to date. At the conclusion of the meeting, the City and Civic Solutions will agree on a final list of parties to be interviewed. It is important that the consultant team have a general context or understanding of the potential concerns in order to effectively focus the inquiry. EXHIBIT A 4. Developer Feedback — Tom Merrell will meet with key developers and investors. The meetings are anticipated to take place at the respondent's location, will focus on their experience processing permits in the City of Huntington Beach, will be open ended to allow a wide range of input and identify areas of concern and satisfaction. The budget assumes 5 developer interviews will be conducted. 5. Merchant / Chamber of Commerce Feedback — Maryann Marks will speak with local merchants who have had applications in the past year to receive their input. In addition, she will meet with the Huntington Beach Chamber of Commerce to discuss the Chamber's observations on the City's development processes. The budget assumes 10 merchant interviews will be conducted. 6. Contractor / Owner -Builder Feedback — Maryann Marks will conduct interviews of Contractors/Owner-Builders. These are anticipated to take place at City Hall by appointment. Approximately 10 half-hour meetings are anticipated over the course of one to two days. The meetings will focus on their experience processing permits and building inspections in the City of Huntington Beach and any problem areas they have encountered. 7. Planning and Building Staff Feedback — Tom Merrell and Jeffrey Hook will conduct interviews of Planning & Building Department staff at City Hall over the course of one day. Planning & Building department management and staff will be interviewed. The meetings will focus on staff observations on the permit, inspection and entitlement processes, problem areas and areas in need of improvement. EXHIBIT A 8. Compilation/Analysis of Feedback — The Civic Solutions team will analyze all feedback received and identify issue areas and recommended next steps. The team will compile findings and observations in a summary report. Individual respondents comments will be kept confidential. The summary report will spell out any common themes, but will also provide a complete listing of all input, whether positive or negative. We will include recommendations for areas to focus and priorities. 9. Present findings to the City Manager — Civic Solutions will meet with the City Manager and any others he may designate to discuss the summary report, highlight observations and findings and make recommendations on next steps. C. CITY'S DUTIES AND RESPONSIBILITIES: Provide any documentation as requested. Allow for access to interview any and all city employees on site at City Hall. Assist in the compiling of participants to be interviewed. D. WORK PROGRAM/PROJECT SCHEDULE: .M EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Civic Solutions will provide the services in Phase 1 for an amount not to exceed $7,500. This budget assumes 5 developer meetings, 10 meetings with merchants (including the Chamber of Commerce), 10 meetings with local contractors, and meetings with Planning and Building staff. In the event the City requests additional meetings, Civic Solutions will apply the following hourly rates to the additional meetings: Principal -in -Charge / Tom Merrell: $150 Planning Services Director / Mary Wright: $135 Principal Project Manager / Maryann Marks: $110 B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 1 Exhibit B Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND CIVIC SOLUTIONS, INC. FOR DEVELOPMENT SERVICES PROCESS ASSESSMENT Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices......................................................................................... Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement ..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate................................................................................. I I CIVISOL-01 R0QCA1 '44c®mijP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/6/2014 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 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). PRODUCER License # 0564249 Heffernan Insurance Brokers 6 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 CONTACT NAME: PHONE 1 (714) 361-7700 ac : 1 (714) 361-7701 we No EXt: No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Travelers Indemnity Company of Connecticut 25682 INSURED INSURER B: Travelers Property Casualty Company of America 25674 Civic Solutions, Inc. 27362 Calle Arroyo INSURER C: Hanover American Insurance Company 36064 INSURER D: Continental Casualty Company 20443 INSURER E : San Juan Capistrano, CA 92675 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL NS S BR D POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR X X 6807276N41 ATCT14 05/15/2014 05/15/2015 PAMAGE TORIWT—ED REMISES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY FX] PRO LOC JE $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B ANY AUTO X X BA30531_60014 06/16/2014 06/15/2016 BODILY INJURY (Per accident) $ ALL OWNED SCHEOULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS ROP `dRTnDAMAGE PROPERTY $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,00 B EXCESS LIAB CLAIMS -MADE SFCUP3242TS64TIL14 06/16/2014 06/16/2016 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ® OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N/A WZ3928021203 09/01/2014 09/01/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D PROFESSIONAL MCH114130611 08/08/2014 08/08/2015 PER CLAIM 1,000,00 D LIABILITY MCH114130611 08/08/2014 08/08/2016 AGGREGATE 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Projects as on file with the inusred. The City of Huntington Beach, its officers, elected or appointed officials, employees agents, and volunteers are named as additional insureds and waiver of subrogation applies with respects to the,ge{ La8V1ity and a�utoo I bbililllIl policy per attached endorsement. PAS10 By. Annifer McGrath, City Attorney GtKI1FIGAI t HULUtK If n ,n IM V1AIVLCLL1AIIVI4 ` I City of Huntington Beach Attn: Ken Domer 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 AGUKU GUKPUKA I IUN. Au rlgnis reservea. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-7276N41A-TCT-14 ISSUE DATE: 04-29-14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL ., DD M This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): PER SCHEDULE ON FILE. PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury' for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 Of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy NO. BA30531_60014 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT i This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement, The -following -listing -is a- general _-cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT C.___EMPLOYEE -HIRED -AUTO _.. _ J.---PERSONAL-EFFECTS D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured. of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing _the.. policy_. period. over .._which _you _maintain ____-ganiza#ion qualifies as an "insured" -tinder the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: B. BLANKET ADDITIONAL INSURED The -following__is--added __to. .P._aragraph__c....in.-A.1.,.._.__ An 'employee of yours is an insured' while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA-T3-n 03 10 -___- _.... _._......... 02010- The -Travelers -Indemnity -Gompany. ___ _Page -1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto' that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto' you lease, hire, rent or borrow from ered "autos" you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, _ liability company) or members of their house - rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America. Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange_ to defend the "in - However, ari- "auto" that is leased, hired, y sured" against, and investigate or set - rented or borrowed with a driver is not a tie any such claim or "suit" and keep covered "auto'. us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) (Neither you nor any other involved An Insured, of SECTION 11 — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. _-- Any "-employee"-of-yours-is an--"insured°._while us- -_ _ _...(iii)_We.may,_at our_.discretion,_participate. ......._ ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or suit"— E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS (iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION 11— LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in - this insurance applies, ___thai the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para - we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC - these bonds. TIOIN 11— LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4). of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured"at our request, including_ actual _. loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION it — LIABILITY COVER- AGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the ap- plicable limit of --insurance in --_pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available -Page _2..of_4.. __C,-201D- The -Travelers indemnity-Gompany.-CA-T3-53-03 10 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter - Personal Effects ritories and possessions, Puerto Rico and ......... Canada . ... We will. pay_ up to $400 for_"loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an "insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3.. Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- ada. We assume no responsibility for the more airbags in a covered "auto" you own that in - furnishing of certificates of insurance, or flate due to a cause other than a cause of 'loss" for compliance in any way with the laws set forth in Paragraphs .._A.1 b .and AAc.; but of other countries relating to insurance only: G. WAIVER OF DEDUCTIBLE — GLASS a. If that "auto" is a covered "auto' for Compre- hensive Coverage under this policy; The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE b. The airbags are not covered under any war- ranty; and COVERAGE: No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage iftheglass is repaired rather than _We-- will .._pay _up to --a. maximum of-S1,000 for any. i replaced. one "loss". H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE — INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV — BUSINESS AUTO CONDITIONS: TION III — PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the accident" or loss" ap- for loss of use is $65 per day, to a maximum of plies onlywhen the "accident" or "loss" is known $750 for any one "accident". to: I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph AA.a., Transportation Expenses, of 11 HYSICA MAGE COVER (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany): SECTION I — P L DA (d) An executive officer. director or insurance AGE:_ _ ....... managei` (ifi you -are a corporation or other or - We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident" or "loss". ered "auto" of the private passenger type. O 2010-The-Travelers Indemnity......--- CA-T3-53-D31D__...._ __.... company. Page of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV= BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page-4-of-4- o2010The -Travelers indemnity -Company. __..._ CA-T3.53-031Q Includes copyrighted material of Insurance Services Office, Inc. with its permission. CIVISOL-01 ROQCAI � CERTIFICATE OF LIABILITY INSURANCE FDATE(M l'W, 10/6/2012014 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 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). PRODUCER License # 05564249 Heffernan Insurance Brokers 6 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 CONTACT NAME: PHONE FAX A/C No Ext: 1 (714) 361-7700 A/ No : 1 (714) 361-7701 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Indemnity Company of Connecticut 255682 INSURED INSURER B: Travelers Property Casualty Company Of America 25674 INSURER C:Hanover American Insurance Company 36064 Civic Solutions, Inc. INSURER D: Continental Casualty Company 20443 27362 Calle Arroyo San Juan Capistrano, CA 92675 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE I ADDLSUBR IU= WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE TOCCUR X X 6807276N41ATCT14 05/15/2014 05/15/2015 EACH OCCURRENCE $ 2,000,00 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,00 MED EXP (Any one person) $ 10,000 APPRC VED A$ TO FORM PERSONAL & ADV INJURY $ 2,000,000 8y. F GEN'L AGGREGATE LIMIT APPLIES PER_ POLICY JE� LOC OTHER: ENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OPAGG $ 4,000,00 / "�` 7 �./ `i $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,00 B ANY AUTO X X BA30531_60014 05/15/2014 05/15/2015 BODILY INJURY (Per person) $ X ALL OrED SCAUTOS HEDULED AUTOS HIRED AUTOS X NON-0WNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,00 AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE SFCUP3242T554TIL14 05/15/2014 05/15/2015 DED I I RETENTION $ r $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED' FE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 3928021203 09/01/2014 09/01/2015 X PER OTH- STATUTE I I ER E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,00 D PROFESSIONAL MCH114130611 08/08/2014 08/08/2015 PER CLAIM 1,000,00 D LIABILITY MCH114130611 08/08/2014 08/08/2015 AGGREGATE 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Projects as on file with the inusred. The City of Huntington Beach, its officers, elected or appointed officials, employees agents, and volunteers are named as additional insureds and waiver of subrogation applies with respects to the general liability and auto liabilility policy per attached endorsement City of Huntington Beach Attn: Ken Domer 2000 Main Street Huntington Beach, CA 92648 L;AIVL;LLLA I K)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-7276N41A-TCT-14 ISSUE DATE: 04-29-14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURD -. HITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGAN IZATI ON(S): PER SCHEDULE ON FILE. PROJECT/LOCATION OF COVERED OPERATIONS: PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Sched- ule above is an additional insured on this Cover- age Part, but only with respect to liability for "bod- ily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render- ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the addi- tional insured shown in the Schedule, the insur- ance provided to that additional insured under this CG D3 82 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insur- ance is primary to other insurance that is avail- able to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such addi- tional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional in- sured when the additional insured is also an addi- tional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the pro- ject, or at the location, shown in the Schedule above, performed by you, or on your behalf, un- der a "contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal in- jury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include the person or organization shown in the Schedule as an ad- ditional insured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs, and the "personal injury" is caused by an of- fense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 82 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission Policy No. BA30531_60014 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to _........... ._.-._.__........... the- _extent -that -coverage-_is- excluded --or -limited by -such -art -endorsement_-..The -following _listing .._is...a- general -cover--.-._.--- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT B. BLANKET ADDITIONAL INSURED 1. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT ----._._....C,__.EMPLOYEE-_HIRED AUTO----.._......._._.__. _-._...__.....---------------._...._..J_ PERSONAL EFFECTS —----.._........ D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION 11 - LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain gaRizatien qualifies�s-ten -insured under the 5010 or more ownership interest and that is not Who is An insured provision contained in Section separately insured for Business Auto Coverage. If. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION If - LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: An "employee" of yours is an "insured" while _._._The -following_ -is.... added -to.....Paragr..aph...c..-in ._A 1.,-----------._.. _._...._ Who Is An Insured, of SECTION 11 - LIABILITY operating an "auto' hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 04 10 C 201Q The Travelers indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services office, Inc, with Its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV - BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- "auto" you lease, hire, rent or borrow from ered "autos" you own: any of your "employees", partners (if you are a partnership), members (if you are a limited ----- - - _------- 1 An covered -'.`auto,.`__ otr-lease, -hire, ---- --- {) Y- Y liability company} or members of their house - rent or borrow; and holds. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of our business (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: y You must arran e to defend the in- - - Havveve�,-ariy "auto" -that -is leased fiired- - - -- - - sured" a ainst, and investigate or set - rented or borrowed with a driver is not a tie any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who is An Insured, of SECTION 11 - LIABILITY COV- ERAGE: (ii) Neither you nor any other involved "insured" will make any settlement without our consent. __..._.—Any -"ernplayee" of_yours-is.-an-:.insured"-while.-us-..__.__...------._._......... (:ui)._11Ve_.may,_at our_discretion--participats_......_...---- ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS - INCREASED "suit". LIMITS (iv) We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION 11- LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which 2 U to $3,000 for cost of bail bonds (in - this insurance a lies that the ' in- -- _--l_.�_.-..__......................_..__.....-----............_.._......_._.....-f----- ..__............---- ......_...... ----- ......._._...__.._.. --- pP__...__...._,.......-..__..._..._..-..._......_......_...... -- -- cluding bands far related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para - we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC - these bonds. TION 11- LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION 11- LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request. including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the insure against any such cause of time off from work. "suit", but only up to and included within the limit described in Para- F. HIRED AUTO - LIMITED WORLDWIDE COV- graph C., limit Of Insurance, of ERAGE - INDEMNITY BASIS SECTION 11 - LIABILITY COVER - The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV - BUSINESS AUTO CONDI- ends when we have used up the ap- _._. TJONSr.._.__.....-_--------.....-.-.-- -- pl.icable---limit-of-insurance---in_pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid and collectible other insurance available Page 2 of 4n ten,n n,e-_� ReEe� ir�demnity�Sempax�, 1! T3 �a3 9319 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO to the "insured" whether primary, excess J. PERSONAL EFFECTS contingent or on any other basis_ The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III - PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and -----._........---------_-_..............._.._Canada—_........... _ -------------We wiii..._paY.._up to $400 for "loss" to wearin�.._ap _ You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable -.. had you complied with the compulsory in- surance requirements. (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. -- ----... .............. -.......... .._............... ... ...... _----------._.._._...._ ...._.._... K. AIRBAGS The following is added to Paragraph B.3. Exclu- (d) It is understood that we are not an admit- sions, of SECTION III - PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to "loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of "loss' furnishing of certificates -of insurance, or - ..... _.. se# for## in -Paragraphs AA i -and -AA' c but or compliance in any way with tfie laws of other countries relating to insurance. only G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. _.._........------_- ..............___.._.glass damage i€- the -glass isrepairedrather- than- --- - - We will pay up to a maximum- of $1.,.000 .for....any........... replaced. one "loss". H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE - INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV - BUSINESS AUTO CONDITIONS: TION III - PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However the most we will pay for any expenses tive prompt notice of the "accident" or "loss' ap- for loss of use is $65 per day, to a maximum of plies only when the "accident" or "loss" is known $750 for any one "accident". to. - I. PHYSICAL DAMAGE - TRANSPORTATION (a) You (if you are an individual); EXPENSES - INCREASED LIMIT (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph AA.a., Transportation Expenses, of pany), SECTION III - PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance ----- .... _........... - ............. -- - —------..... ........... . manager (if youare a corporation or other -or -- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident" or "loss'. ered "auto" of the private passenger type. rfl T- 53 04 10 Q 2010 a Travelers Indemnity Company. Page 3 of11 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS TiONS. The following is added to Paragraph B.2., Con- — — —..... s. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of -Others T-a-tts----------- ----------_........... _........ _..._...—._S€CT#Ohl-tV-� BUSINESS AUTO CONDITIONS: --- We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. -Page4 of 4 � 2010 The Travelers indemnit} Se. —Pa- CA T3 53 03 40 Includes copyrighted material of Insurance Services Office, Inc. with its permission.