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HomeMy WebLinkAboutWLC Architects - 2021-03-31 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON 131-ACI-I AND WLC ARCHITECTS FOR ASSESSMENT OF FIRE FACILITIES WITHIN THE CITY OF HUNTINGTON BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Fluntington Beach; a municipal corporation of the State of California. hereinafter referred to as "CITY." and WLC ARCI IITLCTS. hereinafter referred to as "CONSULTANT." \ FIFREAS. CITY desires to engage the services of a consultant to provide assessment of fire facilities within the City of Huntington Beach, 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: I. 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 Kelley Needham, AIA 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. 21-939724742e 05119-204132 1 of 12 3. TERNC TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on March 31 . 2021 (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 one Year 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 "ll," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses. not to exceed Twenty Six Thousand Dollars ($26,000.00). 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." 21-9397047426 05/19-204132 2 01 12 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. Thcsc materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. 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, it 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. Q. To the extent that CONSULTANT performs"Design Professional Services" within the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in place of'subsection A above: 21-9197r47J16 05n9-204132 3 of 12 "CONSULTANT hereby agrees to protect, defend. indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of even nature or liability of any kind or nature) to the extent that the claims against CONS UL.'TANf arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTAN'T's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify. including the duly and the cost to defend, is limited rnia Civil Code Section 2782.8. as provided in Califo C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorneys fees incurred by CITY in enforcing this obligation. '['his indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. '['his 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 CTIY; however an insurance 21-9397R47J26 05/19-204132 4 of' 12 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 ofat 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 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. CERTIFICA-I-L 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: 21-9397a47-126 0I19-204132 5 of' 12 f3. 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 full), completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONS ULTANT'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 hercinabove 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 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 OE AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT-ANT'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 21-9397247426 05/19-204132 6 of 12 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. A.SS.IGNMI-N'l- 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. COPY RIGHTS/PATIN'I'S CITY shall own all rights to any patent or copyright on any work. item or material produced as a result of this Agreement. 15. CITY ENIPLOYEES 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 Anv 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. 21.939724742E 05/19-204132 7 of 12 CITY and CONSULTANT ANT 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: TO CONSULTANT: Cite of Huntington Beach WLC ARCHITECTS AT TN: Scott I-laberle AVI'N: Kelley Needham 2000 Main Street 8163 Rochester Ave.. Suite 100 Huntington Beach, CA 92648 Rancho Cucamonga, CA 91730 17. CONSEN"r 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. 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 21-939724 7426 05/19-204132 8 of 12 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 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. ININ91GRA"fION 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 21.9397P47426 05/19-204132 9 of 12 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. ATTORNE-VS PEES 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 attornev's fees. such that the prevailing party shall not be entitled to recover its auornev's lees from the nonprevailing party. 25. SURVIVAL -Perms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LA`r't7 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. F_NTIRETY 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 21-9397R47426 05/19-204132 10 of12 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 Ibrth 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. 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. 21.9i97124 426 05n9-204132 11 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of WLC ARCHITECTS California By: Director/Chief (Pursuant To HBMC§3.03.100) print name APPROVED AS TO FORM: ITS: (circle one)Chairman/PresidenW ice President AND By: tpt City A orney Uv Date print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurer Q � .,..1.� City Clerk 'S Date A6M&0'y COUNTEIRPART 21.9397/247426 _ 05/19-204132 12 of 12 CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of WLC ARCHITEC I-S California By: —J Director/Chief •1 U (Pursuant To H8t4C§3.03.100) print"•"` APPROVED AS TO FORM: ITS: (dmk one)Ch■irmadPre0dentNice Pros dan AND By: City Attorney Y Date print name ITS: (rude one)scaetnry/Chief Financial O1TncdAsst. RECEIVE AND FILE: Seaeury-Trcmm City Clerk Date COUNTERPART 21.9397/247426 05/19-204132 12 of 12 EXHIBIT "A" A. STATEMENT Ol- WORK: (Narrative of work to be performed) Develop facility assessment of its existing fire stations. The purpose of the assessment is to determine spatial inefficiencies as they relate to equipment. satety, gender equality, privacy and compliance with ADA requirements. Expansion and remodel alternatives will be considered in conjunction with preliminary cost estimates. 13. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The following is a list of the basic tasks and deliverables anticipated for the assessments ofvour lacilitics. • Meet with Fire Department staff to verify goals and objectives. • Review as-built documentation and history of each tacility. • TOUr each station. • Provide an analysis of each station's current space allocation. • Provide recommendations on possible alternatives for modifications or additions required to meet department goals. • Develop floor plan/site plans from available as-built information. • Develop preliminary cost estimates. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHE-DULL: EX1-11BIT A Exhibit B Fee Proposal Your contract with WLC will mark a purposeful investment in your facilities. We are here to make sure that you consider that investment to be a good one, with significant returns. WLC is extremely flexible when it comes to the fee structure that best suits each new commission. We want the City and Department to feel that you are getting both a quality architectural product and excellent professional services at a fair market price. In an effort to better define our fee proposal, we have broken it down into the following components: A. Basic Architectural Fee B. Reimbursables C. Assumptions/Exclusions D. Hourly Rates A description of each component is as follows: A. BASIC ARCHITECTURAL FEE Our fee for basic architectural services will be a fixed lump sum and includes the following disciplines. • Architectural Design A breakdown of our proposed fee is as follows: PHASE OF SERVICE FEE Tour Existing Facilities $ 3,500.00 Develop Building/Site Program 8,000.00 Develop New Floor Plan/Site Layouts 8,000.00 Prepare Cost Estimates 5,000.00 Prepare Final Report 500.00 SUBTOTAL BASIC ARCHITECTURAL FEE $ 25,000.00 Reimbursable Allowance 1,000.00 TOTAL BASIC ARCHITECTURAL FEE $ 26,000.00 B. REIMBURSABLES Items required or requested by the City, Department, or approving agency will be invoiced as reimbursable without markup on monthly intervals. Reimbursables generally include the following: I. Printing/Mylars. 2. Computer plotting. 3. Express or overnight mail/courier service. City of Huntington Beach Page 3 C. ASSUMPTIONS/EXCLUSIONS The following is a list of items which are excluded from our scope of services or are not anticipated to be required. However, these services can be included, if requested, or once additional information is known: I. Services not specifically listed within our proposal. 2. Our fee assumes that as-built drawings are available for each station. Field measuring for the creation of as-built conditions is not within our scope of work. 3. Area of coverage studies. D. HOURLY RATE SCHEDULE For additional services, the following hourly rotes are proposed for the basis of negotiating scope modifications which may be necessary for the project.Hourly rates include mark-up that will be applied to all fees.Reimbursable costs for reprogrophic services,computer plotting,and printing will be negotiated at the time additional services are requested. ARCHITECT Principal $255.00 Associate/Director/Coordinator $225.00 Senior Project Architect/Manager $205.00 Project Architect/Manager $175.00 Design Studio $125.00 Clerical $105.00 City of Huntington Beach Page 4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OI HUNTINGTON BEACH AND FOR Table of Contents IScope of Services................................................................................................................ I 2 Cite StafAssistancc.......................................................................................................... . 2 3 Penn: Time of Performance................................................................................................2 4 Compensation...................................................................................................................... 2 5 Extra Work..........................................................................................................................2 6 Nlethodof'Payment............................................................................................................. 3 7 Disposition of Plans. Estimates and Other Documents.......................................................3 8 Ilold Harmless.....................................................................................................................3 9 Profcssional Liability Insurance ..............................................................................4 10 Certificate of Insurance..................................................................._.................I............_.. 5 II Independent Contractor.......................................................................................................6 12 Termination of Agreement..................................................................................................6 13 Assignment and Delegation.................................................................................................. 6 14 Copyrights/Patents .............................................................................................................. 7 15 City Employees and Officials.............................................................................................. 7 16 Notices... .................................................................................................................7 17 Consent................................................................................................................................ 8 18 Modification........................................................................................................................ 8 19 Section Headings................................................................................................................. 8 20 Interpretation of this Agreement ......................................................._............................. 8 21 Duplicate Original...............................................................................................................9 22 Immigration............................................................._............................._............................9 23 Legal Services Subcontracting Prohibited ................................................................._........9 24 Attornev's Fees..................................................................................................................... 10 25 Survival ........................................................................................................I....................... 10 26 Goyernine Law- ..... ... ........................... ... . . .... .... .... ..... ... ... ... .... .... .... 10 27 Sienatories............................................................................................................................ 10 28 Entiretv................................................................................................................................. 10 29 Effective Date................................................................................. I I A� CERTIFICATE OF LIABILITY INSURANCE DnTEtMk+DrwYYYn 3124/2021 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(los) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, sub)ect 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 endorsements . PRODUCER NA G T G Merle Swaney Dealey, Renton&Associates PHONE FAX No 790 E Colorado Blvd,#460 jAtC No ExIl' I Pasadena CA 91101 'MaL mswane deals renton.com INSUNERIS)AFFOILDINGCOVERAGE NAIC0 g&_0j)Z 7$R INSURER A:Travelers Casualty and Surety Co of America 31194 INSURED NiCARCHOI INSURER a:Trumbull Insurance Company 27120 Architects, Inc. 909 987-0909 INSURER c:Continental Casualty Company 20443 909 8163 Rochester Ave., Suite 100 INSURER D: Rancho Cucamonga, CA 91730 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:576753740 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. ILTR AbDLSUTYPEOFINSURANCE HH POLICYPOLICY NUMBER Lwow EfF POLICY UP LIMITS C X COMMERCIALGENER^ALLIAOILITY Y Y 6074682729 411I2021 4/12022 EACH OCCURRENCE $1000000 CIAIMSMADE Ll OCCUR PREMISES fE.xc,nm S 1,000,000 X Cc0nIauai Lleh MED EXP we non $10,000 X XCUM ed PERSONAL&ADV INJURY $1,000,000 GENL AGGREGATE LW.IT �PL APIEIS PER CENERALAGGREGATE $2.000.000 POLICY�°ECT uLOC PRODUCTS.COWMP AGO $2.000.000 OTHER: $ C AUTOMOBILELIABILM Y Y 6074682729 4/1/2021 4M2022 OOMBINEDSWGLE LIMIR$1000000 ,000 ANYAUfO BODILY INJURY(Per pers OWNED SCHEWLED GODLY INJURY(Par octl AUTOS OM.Y AUTOS X HIRED x NON WNED PROPERTY OMAAGE AUTOS ONLY AUTOS ONLY (Pot ap;fdanll APP O UMBRELLAIL10 OCCUR EACH OCCURRENCE EXCESS LIAR CWMS-MADE B '� AGGREGATE $ CEO RETENTIONS MICHAEL E. G e WORKERS COMPENSATION Y 72WE !ATTORNEY 4112021 4112022 X PER ANDEMPLOYERS'LIABILITY YIN ITY OF HUNTINGTON BEA H E.L.EACH ACCIDENT E000 ANYPROPRIETORNARTNEAIEXECUTIVE OFFICERB.tEMBEREXCLUDEDe NIA (Mandatory In HH) E.L.DISEASE-EA EMPL ,000 Il CHIP dhe mtler TTONS W!wr E.L.DISEASE-POLICY L 000A Pnxesuanal miry 107242467 4/112021 4/112022 Pef ClNm 00.000 Aggregate Umll s41000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.AddlUooel Remmka Schaduls,may In;eusched It moro span h nequbed) NOTE: Insured owns no company vehicles;therefore,hlredlnon-owned auto Is the maximum coverage that apptles. AM Best's Rating for all policies is AJXII or greater. Some policy numbers and effective dates have changed above due to cancenatlonlrewrite to make all policies have same expiration date. RE: #2008-63.AS Fire Station Fedlity Assessment-- City of Huntington Beach,Its officers.elected or appointed officials,enlptoyyees,agents and volunteers are named as an additional Insured as respects general liability as required per written Contract or agreement.General Liability fs PdmarylNon-Contributory per policy form wording. Insurance coverage Includes waiver of subrogation per the attached endorsement(s). Professional LJadllty policy Is the only policy that has a deductible which Is:$10,000 per claim;and with a relro-active dale of:0610111974. CERTIFICATE HOLDER CANCELLATION 30 Day Notice will be sent to holder SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach Fire Department 2000 Main St AUTHOR(WDREPRESENTATIVE Huntington Beach CA 92648 0 1 9 88-2 015 ACORD CORPORATION. All rights roserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AAA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72WEGAK9JF5 Endorsement Number: Effective Date:04/01/2021 Effective hour Is the same as stated on the Information Page of the policy. Named Insured and Address: WI_C Architects,Inc. 6163 Rochester Ave.,Suite 100 Rancho Cucamonga,CA 91730, We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed In U.S.A. Policy Expiration Date:04/01/2022 S DNA POIIC # 6074682729 (Ed.6-i6) 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. e 3. The Insurance provided to the additional Insured does not apply to'bodily injury", "properly 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 e b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of c which you serve as construction manager. C SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. SB146968B CNA (Ed. 6-16) 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 Copyright,CNA All Rights Reserved. CNA sB1d.602c Polley Number:6074882729 (Ed. -16) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies Insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance Is provided only with respect to those coverages for which a specific limit Is shown: COVERAGE LIMIT Hired Auto Liability: $ 1,000,000 Non-owned Auto Llablll : $ 1.000,000 (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit Is shown In the SCHEDULE above, the insurance provided under Coverage A.I. Business Liability for "bodily Injury" and "property damage' also applies to 'bodily Injury" or "property damage"arising out of the maintenance or use of a: "Hired auto"used by you or your"employee"In the course of your business;and/or "Non-owned auto" used In the course of your business. Maintenance or use of a "non-owned auto" Includes test driving In connection with an"auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability Is amended to: 1. Delete paragraph AA.b.(11)(b)and replace It with the following: b. This Insurance applies: (1) To"bodily Injury"and"property damage"only if: (b) The"occurrence"occurs during the policy period; and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses Limits of Insurance Is deleted in Its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: a. Insureds; b. Claims made or"sulls"brought; c. Persons or organizations making claims or bringing"suits";or d. "Autos," the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown In the Declarations Is the most we will pay for damages under SECTION A. Coverages because of all'bodily Injury"and 'property damage" resulting from any one "occurrence' allsing out of the maintenance or use of a "hired auto" or "non-owned auto." SB146gt)2G (Ed. 6-16) Page 1 of 3 Copyright,CNA All Rights Reserved, SB146902G CNA (Ed. 6-16) C. EXCLUSIONS With respect only to the Insurance provided by this endorsement: 1. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage Is amended to delete all exclusions except exclusions a., b.,d., e.,f.and I. and to add the following exclusions: This insurance does not apply to: Fellow Employee "Bodily injury"to: (1) Any fellow "employee" of the insured arising out of and In the course of employment by the Insured or while performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph(1) above. Care, Custody or Control "Property Damage"to: (1) Property owned or being transported by, or rented or loaned to the Insured; or (2) Property in the care,custody or control of the Insured. D. WHO IS AN INSURED With respect only to the Insurance provided by this endorsement,Who Is An Insured Is replaced by the following: Each of the following is an insured under this Insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your "employee" while operating an "auto° hired or rented under a contract or agreement, with your permission, In that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else Including any partner or"executive officer"of yours while using with your permission a "hired auto"or a"non-owned auto"except: a. The owner or lessee (of whom you are a sublessee)of a"hired auto"or the owner or lessee of a"non-owned auto"or any agent or"employee"of any such owner or lessee; a b. Your"employee" if the covered "auto" Is owned by that"employee"or a member of his or her household; c. Your "employee" if the covered "auto" Is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or"executive officer"with respect to any"auto" owned by such partner or officer or a member of his or her household; e. Any partner or "executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed In or otherwise engaged in duties in connection with an "auto business," other than an"auto business"you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while e moving property to or from a"hired auto"or a"non-owned auto"; or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an Insured under 1., 2.or 3. above. — E. AMENDED DEFINITION a The Definition of"insured contract"In Section F—Definitions is amended by the addition of the following exceptions to e paragraph f.: SB146902G (Ed. 6.16) Page 2 of 3 Copyright,CNA All Rights Reserved. SB146902G CNA (Ed. 6-16) Paragraph f.does not Include that part of any contract or agreement: That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," If the 'auto" is loaned, leased or rented with a driver;or That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization Is authorized to serve by public authority. F. ADDITIONAL DEFINITIONS Section F. Definitions Is amended by the addition of the following definitions: a. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking"autos," b. "Hired auto" means any"auto"you or your 'employee" lease, hire, rent or borrow In the course of your business. This does not Include: I. Any"auto"you lease, hire or rent under a lease or rental agreement for a period of 180 days or more,or II. Any"auto" you lease, hire, rent or borrow from any of your"employees," partners, stockholders, or members of their households. c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used In the course and scope of your business at the time of the "occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the"occurrence." If you are a sole proprietor, "non-owned auto" means any"autos"you do not own, lease, hire, rent or borrow that are being used In the course and scope of your business or personal affairs at the time of the"occurrence." G. With respect only to the operation of a 'hired auto" or "non-owned auto," Paragraph H, of the Buslnessowners Common Policy Conditions Is deleted and replaced with the following: H. Other Insurance 1. Except for any liability assumed under an"Insured contract"the Insurance provided by this Coverage Form Is excess over any other collectible Insurance. However, If your business Is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement Is primary when covered "bodily Injury' or "property damage" arises out of the operation of a customer's"auto"by you or your"employee." 2. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share Is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged, SB146902G (Ed. 6-16) Page 3 of 3 Copyright,CNA All Rlghls Reserved.