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HomeMy WebLinkAboutKOA Corporation - 2022-04-19 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KOA CORPORATION. FOR ON-CALL TRANSPORTATION ENGINEERING SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City,"and KOA CORPORATION,a California Corporation,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated April 19,2022,entitled"Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to extend the term, NOW,THEREFORE,it is agreed by City and Consultant as follows: 1. TERM The term of the Agreement is extended for one additional year until April 18, 2026. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 141741....2 1 , 2025. 25-15915/367729 1 CONSULTANT, CITY OF HUNTINGTON BEACH, a KOA CORPORATION municipal corporation of the State of California By: print name May r ITS: (circle one)Chairman/PresidentNice President rr� AND City lerk .3 IS' By: INITIATED AND APPR VED: print name ITS: (circle one)Secretary/Chief Financial Director of Public Works Officer/Asst. Secretary-Treasurer APPR VED AS TO FORM: (/\t" -- City ttorney �--�— COUNTERPART 25-15915/367729 2 CONSULTANT, CITY OF I IUNTINGTON BEACH, a KOA.CORPORATION municipal corporation of the State of California By: s s f. print name Mayor ITS: (circle one)Chairman/President/Vice President AND City Clerk INITIATED AND APPROVED: Gft vtseppe Lain2ovi've,ri print name ITS:(circle one)Secretary/Chief Financial l W Officer/Asst.Secretary-Treasurer Director of Pubic orks APPROVED AS TO FORM: City Attorney COUNTERPART 25-15915/367729 Job Framework Title 2025 2026 Former Job Titles in 2021-2024 Rates Regional Manager $378 $397 President/CEO Office Manager I $347 $364 Principal II Program Director I $315 $331 Principal I Project Manager III $315 $331 Principal I Project Manager II $263 $276 Senior Planner II/Senior Engineer II Project Manager I $210 $221 Senior Planner I/Senior Engineer I Engineer IV $315 $331 Senior Engineer II Engineer III $263 $276 Senior Engineer I Engineer II $210 $221 Senior Associate Engineer II Engineer I $189 $198 Senior Associate Engineer I Engineer Associate II $168 $176 Associate Engineer II Engineer Associate I $147 $154 Associate Engineer I Planner IV $210 $221 Senior Planner I Planner III $189 $198 Senior Associate Planner II Planner II $168 $176 Associate Planner II Planner I $147 $154 Associate Planner I Designer III $189 $198 Senior Designer II Designer II $168 $176 Senior Designer I Designer I $147 $154 Associate Designer II Construction Engineer III $242 $254 Construction Engineer II $221 $232 Senior Construction Manager Construction Engineer I $168 $176 Construction Manager Inspector III $168 $176 Senior Construction Inspector Inspector II $158 $165 Construction Inspector Project Services Coordinator III $147 $154 Project Services Coordinator II $126 $132 Administrative Assistant II Project Services Coordinator I $105 $110 Administrative Assistant I Intern $100 $105 Intern LOCHNER Corporate Signing Authority Policy Revision 4 Effective March 1, 2024 This Policy is provided to ensure that only authorized signatories execute contracts and other forms of binding agreements ("Contracts") on behalf of H.W. Lochner, Inc. and/or its affiliated companies (the "Lochner Family of Companies" or "Lochner") and only after all internal reviews and approvals required by other policies and procedures have been completed. A. Implementing Guidelines 1. Signing authority dollar limits are on a per-transaction basis. 2. This Policy does not extend to non-binding documents such as statements of qualifications, letters of interest, or general qualification responses. 3. The Policy applies to Contracts, including but not limited to: a. Proposals that, upon acceptance by the client, become binding on the firm as to scope, schedule, pricing, and/or personnel; b. Client contracts, change orders, modifications, and/or amendments; c. Long-term contracts, including but not limited to master on-call agreements and master service agreements for the delivery of project services on a task/work order basis; d. Subconsulting agreements, change orders, modifications, and/or amendments; e. Teaming Agreements, Joint Venture Agreements, and/or any other form of binding partnership agreement with another firm where the intent of the relationship is to jointly pursue work; f. Non-Disclosure Agreements, which legally bind the parties to the protection of confidential information; g. Performance, Payment, and Bid Bonds; h. Settlement of legal claims and/or litigation; i. Independent Consultant Agreements; j. Real estate and property leases; and k. Vehicle and equipment leases. B. Signing Authority Limits 1. This Policy delegates signing authority limits based on an employee's Job Framework Classification, Role, and Salary Grade for their assigned legal entity in accordance with Table 1 below, and subject to the limitations set forth in Section C, Elevated Risk Contracts, of this Policy. 1 LOCHNER Table 1 Job Framework Can Sign Across Maximum Signing Authority Classification/Role Legal Entities Limits' CEO Yes Unlimited CFO Yes Unlimited COO Yes Unlimited CGO Yes Unlimited Salary Grade 13+ in No. Only assigned $10 Million (Subject to Section C) Operations Management Job entity Family Salary Grade 11+ in No. Only assigned $5 Million (Subject to Section C) Operations Management Job entity Family Salary Grade 10+ in No. Only assigned $1 Million (Subject to Section C) Operations Management Job entity Family 2. An employee with signing authority may delegate such authority (not-to-exceed their signing authority limit) to another employee on a client, project, or transaction-specific basis. Delegation of signing authority must be in writing using the Delegation of Signature Authority form attached as Exhibit 1 to this Policy. C. Elevated Risk Contracts 1. Only the CEO or COO may execute the following types of Contracts (including Teaming Agreements, unless the CEO or COO delegates their authority to employees with Salary Grades 10 and higher in the Operations Management Job Family using the Delegation of Signature Authority form attached as Exhibit 1 to this Policy): a. Foreign client contracts; b. US Federal Agency contracts; c. Design-Build (including Progressive Design-Build); d. Joint Venture Agreements; e. Independent Consulting Agreements (i.e. management consulting, marketing, business development, public accounting, audit and legal services); f. Settlement of legal claims and/or litigation; g. Contracts that include any of the following provisions: 1 The values in this table represent maximum signing authority. The CEO may limit signing authority below these amounts for specific roles and/or individual employees. 2 LOCHNER i. Liquidated damages; ii. Consequential damages; and/or iii. Project-specific insurance policies; h. Property Transfer Site Assessments, Phase I Environmental Site Assessments, and other similar assessments where the owner/client or a 3rd party is relying on the assessment to establish a property value, or buy, sell, transfer, dispose of, develop or reuse the property; i. Feasibility studies, including but not limited to traffic and revenue forecasts; and j. Contracts for dam, levee, and/or reservoir design. 2. Only the CFO may execute the following types of Contracts (unless the CFO delegates their authority to employees with Salary Grades 10 and higher in the Operations Management Job Family using the Delegation of Signature Authority form attached as Exhibit 1 to this Policy): a. Performance, Payment, and Bid Bonds b. Real estate and property leases; c. Vehicle and equipment leases; and d. Letters of Credit. I hereby certify I am the CEO of H.W. Lochner, Inc., and the above authority has not been amended or rescinded and remains in full force and effect as of this date. 1.4.04A# vallS 03-01-2024 Terry Ruhl Date Chief Executive Officer 3 LOCHNER DELEGATION OF SIGNATURE AUTHORITY Employee Name (First, Last) Michael Nilsson Job Title/Role Office Manager I Employee Number 40094 Email Address mnilsson a hwlochner.com Legal Entity KOA Corporation Signature Authority Amount $1 Million Effective Date of Delegation March 1, 2024 Is Signature Authority limited to a No client, project, or specific role? Delegation of Signature Authority I, Terry Ruhl, hereby Delegate Signature Authority as specified above and acknowledge that Signature Authority must be exercised in accordance with the Corporate Signing Authority Policy and all other applicable Lochner Risk Management policies and procedures. This delegated Signature Authority is limited to the amount and client, project or specific role specified above and does not delegate or authorize any other signature authority. IAAA,16 -2mQ By: Terry Ruhl, Chief Executive Officer Date:March 1, 2024 Acknowledgement of Delegation I, Michael Nilsson, acknowledge receipt of this Delegation of Signature Authority by signing and returning a copy to: Risk Management 74/Zae.---f7724,...)‹ Employee Signature Date: March 2024 LOCHNER DELEGATION OF SIGNATURE AUTHORITY Employee Name (First, Last) Giuseppe Canzonieri Job Title/Role Office Manager I Employee Number 40017 Email Address gcanzonieri(@hwlochner.com Legal Entity KOA Corporation Signature Authority Amount $1 Million Effective Date of Delegation March 1, 2024 Is Signature Authority limited to a No client, project, or specific role? Delegation of Signature Authority I, Terry Ruhl, hereby Delegate Signature Authority as specified above and acknowledge that Signature Authority must be exercised in accordance with the Corporate Signing Authority Policy and all other applicable Lochner Risk Management policies and procedures. This delegated Signature Authority is limited to the amount and client, project or specific role specified above and does By: Terry delegate or authorize any other signature authority. V Terry Ruhl, Chief Executive Officer Date:March 1, 2024 Acknowledgement of Delegation I, Giuseppe Canzonieri, acknowledge receipt of this Delegation of Signature Authority by signing and returning a copy to: Risk Management Employee Signa ure Date: March 12, 2024 March 2024 • vi CERTIFICATE OF LIABILITY INSURANCE DATEIMI,IIDDrYYYY) :3/12/2025 • 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.PRODUCEK-AND•THE CERTIFICATE HOLDER; : IMPORTANT:. If the certificate holder Is an:ADDITIONAL INSURED,.the:,poitcy(ies)must have ADDITIONAL INSURED provisions or be endorsed: If SUBROGATION IS'WAIVED,::subjectto the terms and conditions`of`the polley,.cettaln policies may requIre<an.endorsement. A statement on :this certificate deesnot confer.riglite.to the certificate holder:iii:.Iieu of`such;endorsentent(s). • . ..... ... .. CONTACT' .. PRODUCER' NAME: Grayling COFSpeciallet EdgeWOod partners;insurance Agency' PHONE: FAX 3780 Mansell`Rd.Suite 370 fAtc:No:Exo:770.670.5324 (AIC.No):'770.670:5324 ' : .. ... E-MAIL: Alpharetta.GA:30022 'ADDREss; greylingcerts@greyling.com . INSURER(S)AFFORDING COVERAGE ((Ater/ INSURERrA:The COntinental insurance.Company. 35289 • • E INSURED; IMIOCHN imam National Fire`insurance Co of Hartford. 20478' KOA Corporation 1100;Corporate Center Drive;:Suite 201` INSURER C American CasualtyCo of Reading,PA .. .. 20427 : Monterey Park,CA 91764, INSuRERD:Lioyd's;of London • 85202. . INSURER E INSURER E: • COVERAGES CERTIFICATE:NUMBER:1831677454. REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED.BELOW HAVE BEEN'ISSUED TO THE.INSURED:NAMED ABOVE THE POLICY.PERIOD INDICATED: NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION;:OF ANY CONTRACT OR R MEN OTHE DOCUT: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.LIMITSSHOWN MAY HAVE'BEEN REDUCED BY PAID CLAIMS; ' INSR ' , • •' ADDL SUER' POLICY EFF •POLICYEXP. • LTR TYRE'OFINSURANCE _ INSD wVD. _POLICY NUMBER:.. (MMIDDIYYYY) .(MMIDOIYYYYI .LIMITS I1/2074: 51112025 EACH X .coMMERCIAL'GENERALLIABILrT.Y :7092014905' S1000,000. DAMAGE TO RENTED CLAIMS-MADE X .00CUR' PREMISES(ES ocairrencel $1;000,000' MED EXP(Any'onoperson) $15;000: PERSONAL B ADV INJURY .S1,000.000 GEM AGGREGATE LIMIT APPUESPER! •GENERALAGGREGATE $2,000,000. POLICYI X 128Y J,LOC PRODUcTS COMP/OP AGO S2;000.00D OTHER: ._ `S e AuTomoeILELIABILITY •7091863062 '5/1/2024: 511/2026: COMBINED SINGLE aEaaccidentl $1;000,000 X ANY AUTO BODILY,INJURY:(Perpe(son): S OWNED SCHEDULED,AUTOS ONLY AUTOS BODILY INJURY(Peraccidant) S X ' HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY X. ,AUTOS ONLY (Per'accident) $ S A X •UMBRELLALIAB' X OCCUR 709203654,7 .5/1/2024 5/1/2025 EACHOCCURRENCE S15:000,000 EXCESS:LIAB CLAIMS-MADE AGGREGATE' $15,000,000 DEO X RETENTIONS 10-t[nn ' ' $ C. WORKERS COMPENSATION 7092004665 ADS) 5/1/2024 5/1/2025 XSTATUTE FP.- ND A: A EMPLOYERs LIABILITY' y/N '7092009168(CA) 5/1/2024: 5/1/2025. ANYPROPRIETORIPARTNERIEXECUTIVE . -EL:EACH:ACCIDENT S1,000,000 OFFICERIMEMBEREXCLUDED?' N N I'A (Mandatory.inNH) E,L DISEASE.EA EMPLOYEE•51:000,000, If yes,deerAlin under DESCRIPTION OF OPERATIONS bele& E.L.DISEASE-POLICY LIMIT' S 1;009,000 D rol s`slorialtlabTty1ndr B0146LDUSA2405200. 5/1/2024 5/1/2025� Per Claim: '$10;000,000: Pollutlon Uabt6ty Aggregate $10,000,000. DESCRIPTION OF OPERATIONS/LoCAliopsiVEHICtes-:(ACOR0101,'Additlonal.RemarksScliaduto piny*atiach$dlfmorespacetsrequired) KOA project number/name KAJC13098 Huntington Beach Traffic On-Call The„City of Huntington Beach,:its officers,elected or appointed Officials employees;agents and volunteers are included as;Additional Insured in accordance,• with the policy provisions of the General Liability and Automobile Liability policies General Liability policy evidenced herein is Primary and Non-Con butory to other insurance available to Additional Insured,,but onlyIn:accordance,with the poiic s: rovisions;A Waiver o spa o e ificate. Holder in accordance with the policy,provisions:of.:the eneral Liability;Automobile L at biillity.and•Workers'ConleIfsMi 1 rdlic107,. By:: MICHAEL J.VIGLIOTTA. CERTIFICATE HOLDER CANCELLATION CITY ATT9nwaY CITY DE I41,INTINO 1 ONI.DEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE •THE EXPIRATION DATE:'THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE pcsucy PROVISIONS City of Huntington Beach 2000 Main Street Huntington Beach CA 9.264.8 AUTHORREDREPnesENTATtvE i ' ©1988-2015 ACORri CORPORATION. All rights.reserved. ACORD.25(2016/03) The ACORD name•and logo:are registered marks cif ACORD‘ CNA Business Auto Policy Policy Endorsement II ,:., a° F r 'ati {` r .- } s�''`�' " a »b" $m °' `2�`} �g�Ca °'fir �_ "'7 ,,_`� A �,41pN IN U . E DO SEIvE T igpn RA LfAt~. Ftl-1G�A `IO ,, Y- i' f , It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: it s € ^ §e t w�F €i€: f t ,0 € p d kSCHEDULE ` Name`� of Add�t�onal Insured Person Or Orgar►�zat�ori N t� `=r E� E � - .. ...-, xeiF ,..°f€.th E`. m ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. Paragraph A.1. Who Is An Insured of Section II - LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV - BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a "suit". 4. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition: Form No: CNA71526XX(10-2012) Policy No:BUA 7091863062 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01/2024 Endorsement No: 52; Page: 1 of 2 Policy Page: 228 of 807 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Material used with permission of ISO Properties,Inc Business Auto Policy c,NA Policy Endorsement "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, !takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. • Form No: CNA71526XX (10-2012) Policy No:BUA 7091863062 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2024 Endorsement No: 52; Page: 2 of 2 Policy Page: 229 of 807 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St,Chicago, IL 60606 °Copyright CNA All Rights Reserved. Material used with permission of ISO Properties,Inc CNA Business Auto Policy Policy Endorsement ADpDI ONE Ir°S1SIJ-RED1 � IMA�, "NQ�RWOA LI'll*Q.Frit 0 . ,�e a ,a � et: . to d. i i - .wse'.'47,4aai _1 f a x': .a=_ ` It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: ,SCHEDUC f yy (, .����. _,� ,:��Qa � ..„-�< � ���( ��#�,etEhk?t �"� t�I`F�, �€.� .�H€....�.€ � *`.�,�_ ''. , 4s; E E u'a.���E ��E .��..:._�, n, €ram Ea,. ¢ �. �E..,�(L� E€ �%r • ..�� Name of,E,Additional,Insured Persons Or Organrzationt.:I . €«, ,E..,. :- °til liZ!.. _..__ n.iiii i. ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged . 1This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. • • Form No: CNA71527XX (10-2012) Policy No:BUA 7091863062 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:05/01/2024 • Endorsement No: 53; Page: 1 of 1 Policy Page: 230 of 807 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St,Chicago, IL 60606 °Copyright CNA All Rights Reserved. Business Auto Policy . CNA Policy Endorsement l J,G � �: - ad,a per. y^-.. -.� „'� :. i �' Aai1lERt01=7it1 S' ER OFF' )GIl1"�a O, E i ER ° , :.' 4`. ; '` tNS?Orf ERSaTO S (1NAI1l,ER$0. SsUBgo:GA i0 4' " ffi �` � 9 z s' 9 ..p P ,a„,r ,.®,;' ,,,,, ,.. , `". :#'_+err '* C. '.,,t....„ 9!'m... i„ &_„,: . _ ..,!�€�z_.... ate;' ' ._..e s£ x°3;f':"&s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: H. W. LOCHNER INC Endorsement Effective Date: 05/21/2024 SCHEDULE Ir" 6,.(.,,.R�,I€.Ea .�', ,. i „ili d�`7 19 lb,., :.d, E Es. € i 4 2itiii ZM i.. Names) Of'Person(s) Or Qrganization(sl E`E E EE ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. • Form No: CA 04 44 10 13 Policy No:BUA 7091863062 Endorsement Effective Date: 05/21/2024 Endorsement Expiration Date: Policy Effective Date: 05/01/2024 Endorsement No: 71; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St,Chicago, IL 60606 °Copyright Insurance Services Office, Inc., 2011 CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Additional Insured—Extended Coverage 4. Boats 5. Bodily Injury—Expanded Definition 6. Broad Knowledge of Occurrence!Notice of Occurrence 7. Broad Named Insured 8. Contractual Liability—Railroads 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability—Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage—Elevators 23. Retired Partners, Members, Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation—Blanket 27. Wrap-Up Extension:OCIP, CCIP or Consolidated(Wrap-Up)Insurance Programs CNA74858XX(1-15) Policy No: 7092014905 Page 1 of 18 - Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A.through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part;and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through I.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling interest Any person or organization with a controlling interest in a Named insured,but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. B.' Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily Injury,property damage or personal and advertising Injury as co-owner of such premises. C. Engineers,Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury,property damage or personal and advertising Injury caused in whole or in part by the Named insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named insured's premises;or b. in the performance of the Named insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury,property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of,or for the Named Insured,including but not limited to: CNA74858XX(1-15) Policy No: 709 20149 05 Page 2 of 18 Endorsement No: 11 r The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 1. the preparing,approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;or 2. supervisory, inspection,architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named insured leases equipment, but only with respect to liability for bodily Injury,property damage or personal and advertising Injury caused, in whole or in part, by the Named • Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury,property damage or the offense giving rise to such personal and advertising Injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured,or such owner or lessor's real estate manager, but only with respect to liability for bodily Injury,property damage or personal and advertising Injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily Injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. Mortgagee`Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's N liability for bodily injury, property damage or personal and advertising Injury arising out of the Named insured's ownership, maintenance, or use of a premises by a Named insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage or personal and advertising injury arising out of: — 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults,street banners, or decorations and similar exposures;or b. the construction, erection, or removal of elevators;or c. the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX(1-15) Policy No: 7092014905 Page 3 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily Injury,property damage or personal and advertising Injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision;or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named insured's participation in a trade show event as an exhibitor,presenter or displayer, any person or organization whom the Named insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury,property damage or personal and advertising injury caused by: a. the Named insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily Injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARYAND NON-CONTRIBUTORYTO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED—EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part,WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual,then his or her spouse is an Insured; b. A partnership or joint venture,then its partners, members and their spouses are Insureds; c. A limited liability company,then its members and managers are Insureds;or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX(1-15) Policy No: 70920149 05 Page 4 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability • Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. • Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. 5. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily Injury is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured,to a partner, executive officer, manager or member of a Named Insured,or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily Injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence,offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3.in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or mums b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess,contingent or otherwise, which provides coverage to such organization, or which would have - CNA74858XX(1-15) Policy No: 7092014905 Page 5 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect,control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of Insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an Insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily Injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: CNA74858XX(1-15) Policy No: 7092014905 Page 6 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection,architectural or engineering activities. 9. ESTATES,LEGAL REPRESENTATIVES AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse,where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured,and the spouses of members or partners of joint venture or partnership Named insureds are Insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury , Bodily injury or property damage expected or intended from the standpoint of the Insured.This exclusion does not apply to bodily Injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION A. A separate Location General Aggregate Limit,equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily Injury or property damage included in the products completed operations hazard;and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. MEM B. All: 1. Damages under Coverage B,regardless of the number of locations involved; CNA7485E00X(1-15) Policy No: 7092014905 Page 7 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily Injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location"means: 1. a premises the Named insured owns or rents;or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables,the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit,depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily Injury or property damage included in the products-completed operations hazard, regardless of the number of locations involved, will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations. F. ,The provisions of LIMITS OF INSURANCE not,otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE-PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured,or chartered by or for the Named Insured,will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily Injury that arises out of a health care incident: A. Under COVERAGES,Coverage A Bodily Injury And Property Damage Liability,the insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily Injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858)0((1-15) Policy No: 7092014905 Page 8 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily Injury arising from a health care incident is covered by other liability insurance available to the insured (or which would have been available but for exhaustion of its limits). IL delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. M. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act,error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. 0 C. DEFINITIONS is amended to: I. add the following definitions: Health care Incident means an act, error or omission by the Named insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX(1-15) Policy No: 70920149 05 Page 9 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA • CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; J. Other allied health professional;or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. II. delete the definition of occurrence and replace it with the following: Occurrence means a health care Incident All acts, errors or omissions that are logically connected by any common fact,circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; ill. amend the definition of Insured to: a. add the following: the Named insured's employees are Insureds with respect to: (1) bodily Injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business;and (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Named insured's business; when such bodily Injury arises out of a health care Incident the Named insured'svolunteerworkers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named • Insured or while performing duties related to the conduct of the Named insured's business; when such bodily Injury arises out of a health care Incident b. delete Subparagraphs(a),(b),(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance CNA74858XX(1-15) Policy No: 7092014905 Page 10 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES A. Past Joint Ventures,Partnerships,Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense,first occurred after such termination date; b. the bodily Injury or property damage first occurred after such termination date;and c. there is no other valid and collectible insurance purchased specifically to insure the partnership,joint venture or limited liability company. If the joint venture, partnership or limited liability company is or was insured under a consolidated(wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c.above. But this provision will not serve to exclude-bodily injury,property damage or personal and advertising injury that would otherwise be covered under the Architects,Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)insurance program. B. Participation in Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the s Declarations, but only if such joint venture meets all of the following criteria: a. Each and every one of the Named insured's co-venturers are architectural, engineering or surveying firms only;and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However,the Named Insured is an Insured only for the conduct of such Named insured's business within such .. a joint venture. The Named insured is not insured for liability arising out of the acts or omissions of other co- venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement(if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named insured in the Declarations. CNA74858XX(1-15) Policy No: 7092014905 Page 11 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion J.Damage to Property in its entirety and replace it with the following: This insurance does not apply to: J. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named insured's behalf are performing operations, if the property damage arises out of those operations;or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1),(3)and(4)of this exclusion do not apply to property damage(other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage to: I. tools,or equipment the Named Insured borrows from others, nor II. other personal property of others in the Named Insured's care,custody or control while being used in the Named insured's operations away from any Named insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication,or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX(1-15) Policy No: 7 09 2 0149 05 Page 12 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto,aircraft or watercraft; d. property in transit;or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5.above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named insured's care, custody or control, while being used in the Named insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6.,Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, (the Each Occurrence Limit),the'Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of:. $ a. $500,000; or s b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(II)of the Other Insurance Condition is deleted and replaced by the following: (II) That is property insurance for premises rented to the Named Insured,for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named insured's care,custody or control; • 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an • additional insured on this Coverage Part. CNA74858)OC(1-15) Policy No: 7092014905 Page 13 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7.(the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES,the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured,provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada,designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured;and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES; Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured,provided the watercraft is: (a) less than 75 feet long;and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising Injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX(1-15) Policy No: 7092014905 Page 14 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury.This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named insured is a limited liability company)of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement;or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY g A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY- LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d.is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the —. indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX(1-15) Policy No: 7092014905 Page 15 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Architects,Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will,be paid as defense costs.Such payments will not be deemed to be damages for personal and advertising Injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY-LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs(3),(4)and (6)of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE— ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS,MEMBERS,DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily Injury, property damage or personal and advertising Injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGESA AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit;and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. • 26. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS,the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named insured's ongoing operations;or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX(1-15) Policy No: 709 2 0149 05 Page 16 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily Injury,property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION— CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated(wrap-up)insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily Injury,property damage,or personal or advertising Injury that occurs during the Named insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily Injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named insured being a participant in a consolidated(wrap-up) Insurance program,but only as respects the Named insured's involvement in that consolidated(wrap-up) Insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated(wrap-up)insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30%or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX(1-15) Policy No: 7092014905 Page 17 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION:OCIP,CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858)O((1-15) Policy No: 7092014905 Page 18 of 18 Endorsement No: 11 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional insured-Owners, Lessees or Contractors-with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily Injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract,but only with respect to bodily Injury or property damage included in the products-completedoperatlons hazard,and only if: 1. the written contract requires you to provide the additional insured such coverage;and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily Injury,property damage or personal and advertising Injury arising out of your work that is subject to such written contract III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or 8 B. a higher limit of insurance than required by the written contract IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury,property damage,or personal and advertising injury arising out of: A. the rendering of,or the failure to render, any professional architectural,engineering, or surveying services, including: �; 1. the preparing, approving, or failing to prepare or approve maps,shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;and a 2. supervisory, inspection, architectural or engineering activities;or mmft B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to MEM add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7092014905 Page 1 of 2 Endorsement No: 20 The Continental Insurance Co. Insured Name:H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors-with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim;and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily Injury or property damage;or 2. the offense that caused the personal and advertising Injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7092014905: Page 2 of 2 Endorsement No: 20 The Continental Insurance Co. Insured Name: H. W. LOCHNER INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. c wi t, Workers Compensation And Employers Liability Insurance Policy Endorsement d ';Ia` ¢. �, ,fee w - i4:rf' „ ' olirANKET WAwER�OF�O ; RIGHyT -A,to w R FROM�OT.ERS i 9 CF `r " i i.y g '� ., '�"` te "��' S �; a � r . s ' � +�tee' .g�.�����n�^� .ytk t" This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2.5%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. j Form No: G-19160-B(11-1997) Policy No:WC 7 92009168 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01/2024 Endorsement No: 16;Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 @ Copyright CNA All Rights Reserved. ���NT�N'Grp4 2000 Main Street, of - Huntington Beach,CA 92648 jQ City of Huntington Beach �i ✓!� 7-v File #: 22-301 MEETING DATE: 4/19/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: William F. Janusz, Principal Civil Engineer Subject: Approve and authorize execution of Professional Services Contracts for On-Call Transportation Engineering Consulting Services with Advantec Consulting Engineers, Inc., AGA Engineers, Inc., FPL and Associates, Inc., .(OA Corporation, Linscott, Law & Greenspan Engineers dba LG2WB Engineers, Inc. and Michael Baker International Inc. Statement of Issue: The Public Works Department requires on-call transportation engineering consulting services for as- needed support to assist with the design and construction of capital improvement projects identified in the annual Capital Improvement Program (CIP). Financial Impact: The City's adopted Fiscal Year (FY) 2021/2022 and proposed FY 2022/2023 Capital Improvement Program budgets total $39.3 million and $59.7 million, respectively. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management and other required costs. The six recommended engineering contracts include a maximum allowable expenditure of$500,000 over the 3 year term of the respective contracts. All contracted work efforts will be funded within each project's individual CIP budget or through budgeted professional services as needed each fiscal year. No minimum expenditures are required with any of the contracts. As such, no additional funding is required by this action. Recommended Action: •' A) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Advantec Consulting Engineers, Inc. for On-Call Transportation Engineering Services;" and, B) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services;" and, City of Huntington Beach Page 1 of 3 Printed on 4/13/2022 powerell�Legislar"'% e �c File #: 22-301 MEETING DATE: 4/19/2022 C) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On-Call Transportation Engineering Services;" and, D) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services;" and, E) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Linscott, Law & Greenspan dba LG2WB for On- Call Transportation Engineering Services;" and, ;4; F) Approve and authorize the Mayor and City Clerk to execute a $500,000 "Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Transportation Engineering Services." Alternative Action(s): Do not authorize the contracts and direct staff accordingly. Budgeted capital improvement projects could be delayed until new contracts are approved. Analysis: On September 1, 2021, the City advertised a Request for Qualifications (RFQ) for On-Call Transportation Engineering Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Thirteen proposals were received for transportation engineering services. In accordance with qualifications-based selection procurement, per the federal "Brooks Act", State Senate Bill 419 and the City of Huntington Beach Municipal Code, Section 3.03, "Professional Services", the Public Works Department established a review board. Proposals were then evaluated and ranked by a review board, which identified the top six firms. The scope of service these contracts provide include design services for capital improvement projects and for other professional traffic engineering services. Examples of Capital Improvement Projects include traffic signal improvements, street lighting, and mobility projects, but can also include traffic studies and speed zone surveys. Consultant services have historically been used to supplement City staff to meet annual Capital Improvement Program (CIP) goals, and provide expertise on unique projects. The proposed contract amounts are a not-to-exceed amount for a three-year term with no guarantee of work or expenditure of the entire amount. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Public Works Commission Action: Not applicable. City of Huntington Beach Page 2 of 3 Printed on 4/13/2022 powerell9ili Legistar" File#: 22-301 MEETING DATE: 4/19/2022 Environmental Status: Not applicable. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Advantec Consulting Engineers, Inc. for On-Call Transportation Engineering Services 2. Professional Services Contract Between the City of Huntington Beach and AGA Engineers, Inc. for On-Call Transportation Engineering Services 3. Professional Services Contract Between the City of Huntington Beach and FPL and Associates, Inc. for On-Call Transportation Engineering Services 4. Professional Services Contract Between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services 5. Professional Services Contract Between the City of Huntington Beach and Linscott, Law & Greenspan dba LG2WB for On-Call Transportation Engineering Services 6. Professional Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. for On-Call Transportation Engineering Services 7. Professional Services Award Analysis - On-Call Transportation Engineering Services City of Huntington Beach Page 3 of 3 Printed on 4/13/2022 powere'lt4 Legistarr" PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND KOA CORPORATION F FOR ON-CALL TRANSPORTATION ENGINEERING SERVICES 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 KOA CORPORATION, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide On-Call Transportation Engineering Services; 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 Stephen Bise, CE, TE 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. 22-11017/276012 1 of 11 5/19-204082 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Q4p-il /' , 20 ZZ(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 three (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 Five Hundred Thousand Dollars ($500,000.00). 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." 22-11017/276012 2 of 11 5/19-204082 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 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, 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. B. 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: 22-11017/276012 3 of 11 5/19-204082 "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 every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT 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 CONSULTANT'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 duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This 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. 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 22-11017/276012 4 of 11 5/19-204082 i 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 effect 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. 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 22-11017/276012 5 of 11 5/19-204082 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 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 22-11017/276012 6 of 11 5/19-204082 • 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. i r { 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. 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: 22-11017/276012 7 of 11 5/19-204082 • TO CITY: TO CONSULTANT: City of Huntington Beach KOA Corporation ATTN: Director of Public Works ATTN: Stephen Bise 2000 Main Street 1100 Corporate Center Drive, Suite 201 Huntington Beach, CA 92648 Monterey Park, CA 91754 17. CONSENT 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 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 22-11017/276012 8 of 11 5/19-204082 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. 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. 22-11017/276012 9 of 11 5/19-204082 i - 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. 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 22-11017/276012 10 of 11 5/19-204082 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 Council. 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, CITY OF HUNTINGTON BEACH, a KOA CORPORATION municipal corporation of the State of Cal r is J By: 11*./.j,� Min Z ou. CEO/President 1 , print name Mfier ITS: (circle one)Chairman/PresidenWice President (*Piot, ei0444Z4.1444) AND City Clerk y/2 972Z By'-----� � INITI• D AND APP' e ED: �v r+ C�Jt'�rcZ C.F o print name e/ � ITS: (circle one)Secretary/Chief Financial Officer/Asst. — — — Secretary-Treasurer erector o ublic • RE D A APPROVED: City Manag r APPROVED A City Attorney K 22-11017/276012 11 of 11 5/19-204082 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) To provide on-call transportation and engineering services. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. Prepare Traffic Design Plans. 2. Prepare Traffic Signal Timing Plans. 3. Design Plan Check Review. 4. Construction Support. 5. Prepare Traffic Impact Analysis Reports. 6. Prepare Parking Demand Analysis Reports. 7. Grant Preparation and Administration Assistance. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A EXHIBIT `B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANTS fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT`B" • B. Travel Charges for time during travel are not reimbursable. C. Billing 1. 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. 3. 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. • 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. 1 Exhibit B 5. 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 • . ..,..- ,k:. •,.„,2,•C• '1,01N.4..e • -0. • ..... .„,... . ., .,..... . CERTIFICATE OF LIABILITY INSURANCE ,DATE0m,p , 4P.i.i..0‘40.; ,•!: , . •....: .. .., .. , TH.is...cgfillFICAT414Jqpigly,Aq A AliglEktiFINFPRIVIAT4Ott01LY;AND:OONFERG.NO...;RIGHTS pporETHe:.eERTIFICATE HOLDER THIS - ICERTIFICATE DOES NO AFFIRMATIVELY OR NEGATIVELY AmEN.pi.;iiT.ENDpR.,ALTER,TtiE COVERAGE AFFORDED BY THE POLICIES ,!! EigOint.,:tiiitCettriMATE 0 INSURANCE DOES NOT CONSTITUTE A.-4Q.NTRACT BETWEEN THE ISSUING II'(SURER(S), AUTHORIZED !. 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RE :KO*.:1.0.01get..:0/S.-;: MC40:91 Project Name Huntingtonte..ack t.,4=,,•,cor...TrAn.'ipprtolo Engineering,.,rimp, ty,,R,f.-±11,4,0tfogtol Aeatk. ;iz+! its officers, elected. ee'4130Otite4C officials,,,'0'003ifiVe'e .:-i-0..OhtitAiiitiMillinx0#'..0:40,:itIWPAIXihd44011,43,,,46,51ja4,;00,00000,.:aiid ..' -••! AutO!LiALitii. i:040.'.00114;!fcieffi WOli,,,, .i00 50. to' the operations r.. ki.perteisees.-::Of the Named %,05iiiiimalowiwSkw,r,r-Mtil.WO:e§taet,;"0e: -Trif 44teiiiikett 400:0l.f,glabiTityi, or,th4Try/Naii.4Coiitilliatiii*'0 .Fellei-''fornOldlidliv Xnsurance toki.040'100044A.,41..; :;f0f , subrogation::POr attachedi ' ''-'''''::?‘; '' .3r1 - MICHML E ATES ... • . ' K Co-t ATTanNty CERTIFICATEHOLDER CANCELLATION CITY-OF HUNT]H&C N..BEACH 10.0 *tic, Of THE ABOVE ,P.E:Sdlill3ED,,.,p,iiiiit*,.,eg CANCELLED 0gf0.04:THE EXPIRATION DATE THEREOF i NOTICE),inu,..,!',Bg.,;,40.0igego IN ACco,FIDANCe*Olf:4.110> .1?0,4#03.0.1004 •i'.; . of Huntington Beach ....„ .2.AuT.Hor#44.0eme5etirow Attrit)ofpecor of.0kO.c.W.00.1f5,.}. 2600CA.4,bt'U- 1.0 ., ,„:': .:"-- " ,.,.,„„: ,, , •i1/44_,_), .000§t00300tit a,92.648..mSA '= . .. .. - 0108:(1401'00014.0.00.0.4(OWAtilfglif$'re.sery.eii, 0004.01(00.040):. TileAC,'"OfiVi.101.:044):01044#0.':000.0.1.01.11.1000:0AP0130 ,, • AGENCY CUSTOMER ID: 570000088080 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. KOA Corporation POLICY NUMBER See Certificate Number: 570099770906 CARRIER NAIC CODE see Certificate Number: 570099770906 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. 1NSR ADDL SUER POLICY NUMBER POLICY POLITY LIMITS TYPE OF INSURANCE L\SD WVD F.FFF.CrIVP. EXPIRATION DATE DATE (MMIDDIYYYY) (MMUDD/YYYY) OTHER D Environmentalom contractor C2AEA4230401 06/01/2023 05/01/2024 8.03 Poll S10,000,000 Poll $10,000,000 Aggregate Deductible S10,000 ACORD 101(2008101) 02008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Effective date of this Endorsement: 31-May-2023 This Endorsement is attached to and forms a part of Policy Number: C2AEA4230401 Beazley America Insurance Company, Inc. Referred to in this endorsement as either the"Insurer" or the"Underwriters" REDUCED DEDUCTIBLE AND INDEMNIFICATION AGREEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: AFB A&E MEDIA TECH®POLICY In consideration of the premium charged for the Policy, it is hereby understood and agreed that: 1. If the Insured enters into a contract or agreement where the Insured elects to show a Deductible less than the amount stated in the Declarations,the insured's Deductible in respect of any Claim arising from such contract or agreement shall be the lesser amount stated in the contract or agreement. 2. The Underwriters offer this Reduced Deductible and Indemnification Agreement Endorsement in consideration of the Insured's agreement to hold the Underwriters harmless and to promptly indemnify the Underwriters, when requested by the Underwriters, for amounts paid by the Underwriters under this Reduced Deductible and Indemnification Agreement Endorsement. Such amounts to be reimbursed by the Insured to the Underwriters include (a)the total sum difference between the Deductible stated in the Declarations and any reduced Deductible agreed to by the Insured and (b) any costs, expenses or attorneys fees the Underwriters incur in enforcing this Reduced Deductible and Indemnification Agreement Endorsement. All other terms and conditions of this Policy remain unchanged. Authorized Represent ive A-E00046 Page 1 of 1 062019 ed. AC RL® CERT! iruCATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/29/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER _ CONTACT NAME: Jody Shigetani AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 (A/c.No.Extl: 510-398-0744 (NC,No): Lafayette CA 94549 ADDaess: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Travelers Property Casualty Company of America 25674 INSURED KOACORP-01 INSURER B:Sentinel Insurance Company 11000 KOA Corporation INSURER C:Travelers Casualty and Surety Co of America 31194 1100 Corporate Center Drive#201 Monterey Park, CA 91754 INSURER D: (323)260-4703 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:822801763 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD VI/VD (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y 84SBVVBH9362 3/13/2022 3/13/2023 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL 8 ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROVED AS TO FORM GENERAL AGGREGATE $4,000,000 POLICY X JECOT- LOC PRODUCTS-COMP/OP AGG $4,000,000 By: $ OTHER: CHAEL E. GATES COMBINED SINGLE LIMIT B AUTOMOBILE LIABILITY Y Y 84SBWBH936 IYYATTORNEY 3/13/2022 3/13/2023 (Ea accident) $2,000,000 ANY AUTO CITY OF HUNTINGTON BEACH BODILY INJURY(Per person) $ — OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS - y HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLA LIAB X OCCUR 84SBWBH9362 3/13/2022 3/13/2023 EACH OCCURRENCE $8,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $8,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y UB2L459350 9/19/2021 9/19/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE YyN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liability 107587482 3/13/2022 3/13/2023 Per Claim 2,000,000 Aggregate Limit 4,000,000 Pollution Liability Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.WC Officers and Directors Exclusion:Walter Okitsu,V.P. Umbrella Liability policy is follow-form to its underlying Policies:General Liability/Auto Liability/Employers Liability. KOA Project No:MC13091 Project Name:Huntington Beach On-Call Transportation Engineering — The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insured on General and Auto Liability,per policy forms,with respect to the operations of the Named Insured as required by written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per attached. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. ATIN: Director of Public Works 2000 Main St AUTHORIZED REPRESENTATIVE Huntington Beach CA 92648 04 i 1d�—Cxl- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I •,N _.tom POLICY NUMBER: 84 SBW BH9362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM We waive any right of recovery we may have against: 1. Any person or organization shown in the Declarations, or 2. Any person or organization with whom you have a contract that requires such waiver. Form SS 12 15 03 00 Page 1 of 1 © 2000, The Hartford • Policy# 84SBWBH9362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PROVISIONS - CALIFORNIA This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. It is agreed that paragraph (2) of subsections 6.d. OPTIONAL ADDITIONAL INSURED and 6.f. of Section C. - WHO IS AN INSURED is COVERAGES; and it is agreed the following replaced by the following: paragraphs replace section b. of subsection 9. of (2) The insurance afforded by paragraph (1) above Section F. - OPTIONAL ADDITIONAL INSURED does not apply if your acts or omissions, or the COVERAGES. These paragraphs do not attach or acts or omissions of those acting on your behalf, amend the language of any of the other subsections that are alleged to have caused the "bodily of Section F -OPTIONAL ADDITIONAL INSURED injury", "property damage" or "personal and COVERAGES: advertising injury", involve professional The insurance afforded by this subsection does not architectural, engineering or surveying services, apply if your acts or omissions, or the acts or including but not limited to: omissions of those acting on your behalf, that are (a) The preparing, approving, editing of or alleged to have caused the "bodily injury", "property failure to prepare or approve, shop damage" or "personal and advertising injury", drawings, maps, opinions, reports, surveys, involve professional architectural, engineering or) change orders, field orders, designs, surveying services, including but not limited to: drawings, specifications, warnings, (a) The preparing, approving, editing of or recommendations, permit applications failure to prepare or approve, shop payment requests, manuals or instructions; drawings, maps, opinions, reports, surveys, (b) Supervisory, inspection, quality control, change orders, field orders, designs, architectural, engineering or surveying drawings, specifications, warnings, activities or services; recommendations, permit applications (c) Maintenance of job site safety, construction payment requests, manuals or instructions; administration, construction contracting, (b) Supervisory, inspection, quality control, construction management, computer architectural, engineering or surveying consulting or design software development activities or services; or programming service, or selection of a (c) Maintenance of job site safety, construction contractor or programming service; administration, construction contracting, (d) Monitoring, sampling, or testing service construction management, computer necessary to perform any of the services consulting or design software development included in a. b. or c. above; or programming service, or selection of a (e) Supervision, hiring, employment, training or contractor or programming service; • monitoring of others who are performing (d) Monitoring, sampling, or testing service any of the services included in a., b. or c. necessary to perform any of the services above. included in a. b. or c. above; The insurance afforded to such additional (e) Supervision, hiring, employment, training or insured: monitoring of others who are performing any (a) Only applies to the extent permitted by law; of the services included in a., b.or c.above. and The insurance afforded to such additional insured: (b) Will not be broader than that which you are (a) Only applies to the extent permitted by law; required by the contract or agreement to and provide for such additional insured. (b) Will not be broader than that which you are B. It is agreed that the following paragraphs are added required by the contract or agreement to to the end of subsections 1. and 8. of Section F - provide for such additional insured. Form SS 51 14 04 17 Page 1 of 1 © 2017,The Hartford Policy# 84SBWBH9362 BUS , - S LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or "employees", "volunteer workers", 'any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having' proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with respect to liability arising out of the operation as a named insured does not apply to injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named > 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVER-. 3 FORM Policy# 84SBWBH9362 contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of"your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 Policy#84SBWBH9362 BUf.` AS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or > f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVER?, :FORM Policy# 84SBWBH9362 (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps; shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D, — Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business a. Insureds; Liability Coverage for damages because of "property damage" to any one premises, while b. Claims made or"suits"brought; or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing"suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the —_> 6. How Limits Apply To Additional Insureds Declarations. b. Damages because of all other bodily The most we will pay on behalf of a person or or 'personal organization who is 'an additional insured injury", property damage" and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement .or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05 Policy# 84SBWBH9362 �_ BUS._ 4S LIABILITY COVERAGE FORM If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or"suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or"suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3.above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the"suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months,starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes of determining the Limits of Insurance. d. Obligations At The Insured's Own Cost E. LIABILITY AND MEDICAL EXPENSES No insured will, except at that insured's own GENERAL CONDITIONS cost, voluntarily make a payment, assume any obligation, or incur any expense, other 1. Bankruptcy than for first aid,without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered 2. Duties In The Event Of Occurrence, by other insurance available to an Offense,Claim Or Suit additional insured, such additional insured a. Notice Of Occurrence Or Offense must submit such claim or "suit" to the other insurer for defense and indemnity. You or any additional'insured must see to it that we are notified as soon as However, this provision does not apply to practicable of an "occurrence" or an the extent that you have agreed in a offense which may result in a claim. To written contract, written agreement or the extent possible, notice should include: permit that this insurance is primary and non-contributory with the additional (1) How,when and where the"occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence"or offense. known to: b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual; against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership; (1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or"suit"as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERT. ,4 FORM Policy#84SBWBH9362 This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose a. When this policy is certified as proof of Hazards financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. b. With respect to "mobile equipment" to If other valid and collectible insurance is which this insurance applies, we will available for a loss we cover under this Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other coverage required by any motor vehicle a. Primary Insurance law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also 4. Legal.Action Against Us primary, we will share with all that other No person or organization has a right under insurance by the method described in c, this Coverage Form: below. a. To join us as a party or otherwise bring us b. Excess Insurance into a "suit" asking for damages from an This insurance is excess over any of the insured;or other insurance, whether primary, excess, b. To sue us on this Coverage Form unless contingent or on any other basis: all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage, A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for"your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of this insurance or that are in excess of the That is fire, lightning or explosion applicable limit of insurance. An agreed insurance for premises rented to you settlement means a settlement and release of or temporarily occupied by you with liability signed by us, the insured and the permission of the owner; claimant or the claimant's legal representative. (3) Tenant Liability 5. Separation Of Insureds That is insurance purchased by you to Except with respect to the Limits of Insurance, cover your liability as a tenant for and any rights or duties specifically assigned "property damage" to premises rented in this policy to the first Named Insured, this to you or temporarily occupied by you insurance applies: with permission of the owner; a. As if each Named Insured were the only (4) Aircraft,Auto Or Watercraft Named Insured; and If the loss arises out of the maintenance b. Separately to each insured against whom or use of aircraft, "autos"or watercraft to a claim is made or"suit" is brought. the extent not subject to Exclusion g. of Section A.—Coverages. 6. Representations (5) Property Damage To Borrowed a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not (2) Those statements are based upon subject to Exclusion k. of Section A. — representations you made to us; and Coverages. Page 16 of 24 Form SS 00 08 04 05 Policy# 84SBWBH9362 ,' BU:� �S LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance. > (7) When You Add Others As An We will share the remaining loss, if any,with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs(a)and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional > b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all orpart of anypayment, defend the insured against any"suit" if anyg p Y 9 including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 / \Je Policy#84SBWBH9362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM This coverage is subject to all provisions in the moved from the place where they are BUSINESS LIABILITY COVERAGE FORM not accepted by the"insured"for movement into expressly modified herein: or onto the covered "auto"; or c. After the "pollutants" or any property in A. Amended Coverage: which the "pollutants" are contained are Coverage is extended to "bodily injury" and moved from the covered "auto" to the place wherefinally "property damage" arising out of the use of a "hired they are delivered, disposed of auto"and"non-owned auto". or abandoned byy thee"insured". B. Paragraph B. EXCLUSIONS is amended as Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other follows: similar. "pollutants" that are needed for or 1. Exclusion g. Aircraft, Auto or Watercraft does result from the normal electrical, hydraulic not apply to a "hired auto" or a "non-owned or mechanical functioning of the covered auto". "auto"or its parts, if: 2. Exclusion e. Employers Liability does not (1) The "pollutants" escape, seep, migrate, apply to "bodily injury"to domestic "employees" or are discharged or released directly not entitled to workers' compensation benefits from an "auto" part designed by its or to liability assumed by the"insured" under an manufacturer to hold, store, receive, or "insured contract". dispose of such"pollutants"; and 3. Exclusion f. Pollution is replaced by the (2) The "bodily injury" and "property following: damage" does not arise out of the "Bodily injury" or "property damage" arising out operation of any equipment listed in of the actual, alleged or threatened discharge, paragraphs 15.b. and 15.c. of the dispersal, seepage, migration, release or definition of"mobile equipment". escape of"pollutants": Paragraphs b. and c. above do not apply to a. That are, or that are contained in any "accidents" that occur away from premises property that is: owned by or rented to an "insured" with (1) Being transported or towed by, handled, respect to "pollutants" not in or upon a coveredauto if: or handled for movement into, onto or from, the covered"auto"; (1) The "pollutants" or any property in (2) Otherwise in the course of transit by or which the "pollutants" are contained are on behalf of the"insured"; or upset, overturned or damaged as a result of the maintenance or use of a (3) Being stored, disposed of, treated or covered "auto";and processed in or upon the covered "auto". b. Before the "pollutants" or any property in which the "pollutants" are contained are Form SS 04 38 09 09 Page 1 of 3 © 2009,The Hartford (Includes copyrighted material of ISO Properties, Inc.,with its permission) Policy# 84SBWBH9362 (2) The discharge, dispersal, seepage, company)for an "auto"owned by him or her migration, release or escape of the or a member of his or her household. "pollutants" is caused directly by such d. Anyone liable for the conduct of an "insured" upset, overturn or damage as a result of described above but only to the extent of that the maintenance or use of a covered liability. "auto". D. With respect to the operation of a "hired auto" and 4. With respect to this coverage, the following "non-owned auto", the following additional additional exclusions apply: conditions apply: a. Fellow employee 1. OTHER INSURANCE Coverage does not apply to"bodily injury"to a. Except for any liability assumed under an any fellow "employee" of the "insured" "insured contract"the insurance provided by arising out of the operation of an "auto" this Coverage Form is excess over any owned by the "insured" in the course of the other collectible insurance. fellow"employee's"employment. b. Care,custody or control However, if your business is the selling, servicing, repairing, parking or storage of Coverage does not apply to "property "autos", the insurance provided by this damage" involving property owned or endorsement is primary when covered transported by the "insured" or in the "bodily injury" or "property damage" arises "insured's"care, custody or control. out of the operation of a customer's "auto" C. With respect to "hired auto" and "non-owned auto" by you or your"employee". coverage, Paragraph C. WHO IS AN INSURED is b. When this Coverage Form and any other deleted and replaced by the following: Coverage Form or policy covers on the The following are"insureds": same basis, either excess or primary, we will pay only our share. Our share is the a. You. proportion that the Limit of Insurance of our b. Your "employee" while using with your Coverage Form bears to the total of the permission: limits of all the Coverage Forms and,policies (1) An"auto"you hire or borrow; or covering on the same basis. (2) An "auto" you don't own, hire or borrow in 2. TWO OR MORE COVERAGE FORMS OR your business or personal affairs; or POLICIES ISSUED BY US (3) An "auto" hired or rented by your If the Coverage Form and any other Coverage "employee" on your behalf and at your Form or policy issued to you by us or any direction. company affiliated with us apply to the same maximum Limit of ' c. Anyone else while using a "hired auto" or"non- Insurance under alleg y heeCoverage Forms or owned auto"with your permission except: policies shall not exceed the highest applicable (1) The owner or anyone else from whom you Limit of Insurance under any one Coverage hire or borrow an"auto". Form or policy. This condition does not apply to (2) Someone using an auto while he or she is any Coverage Form or policy issued by us or an working in a business of selling, servicing, affiliated company specifically to apply as repairing, parking or storing "autos" unless excess insurance over this Coverage Form. that business is yours. E. The following definitions are added: (3) Anyone other than your "employees", G. LIABILITY AND MEDICAL EXPENSES partners(if you are a partnership), members DEFINITIONS: (if you are a limited liability company), or a 1. "Hired auto" means any "auto" you lease, lessee or borrower or any of their hire, rent or borrow. This does not include "employees", while moving property to or any auto you lease, hire, rent or borrow from an"auto". from any of your"employees", your partners (4) A partner (if you are a partnership), or a (if you are a partnership), members (if you member (if you are a limited liability are a limited liability company), Page 2 of 3 , Form SS 04 38 09 09 Policy# 84SBWBH9362 or your "executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. "Non-owned auto " means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your"employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto" that is in your care, custody or control for service. Form SS 04 38 09 09 Page 3 of 3 Policy# 84SBWBH9362 r THIS ENDORSEMENT CHANGES THE POLICY.-PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your"projects". be the same"project". 2. The limits shown in the Declarations for Liability 5. The provisions'of Section D. LIABILITY AND and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply. shall continue to apply as stipulated. 3. When coverage for liability arising out of the B. Additional Definitions "products-completed operations hazard" is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of"bodily injury" or "property damage" included DEFINITIONS: in the "products-completed operations hazard" 1. "Project" means "your work" at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of 1 © 2005,The Hartford TRAVELERS J ' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76( A)— POLICY NUMBER: UB2L459350 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) ,i4d 401 Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 3/29/2022 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. SPECIFIED PERSON OR ENTITY—NOTICE OF CANCELLATION PROVIDED BY THE COMPANY This endorsement changes the following: Professional Liability Terms and Conditions PROVISIONS: If the Company cancels this policy for any statutorily permitted reason other than nonpayment of premium,the Company will mail or deliver notice of cancellation to the Specified Person or Entity shown in such Notice Schedule.The Company will mail or deliver such notice to the address shown in the Notice Schedule at least the number of days shown for cancellation in such Notice Schedule before the effective date of cancellation. Notice Schedule Number of Days Notice of Cancellation: 30 Specified Person or Entity: City of Huntington Beach Specified Person or Entity Address: 2000 Main St. Huntington Beach,CA 92648 Nothing herein contained shall be held to vary, alter,waive or extend any of the terms, conditions, exclusions or limitations of the above-mentioned policy, except as expressly stated herein. This endorsement is part of such policy and incorporated therein. Issuing Company:Travelers Casualty and Surety Company of America Policy Number: 107587482 PTC-2072 Ed.05-11 Page 1 of 1 ©2011 The Travelers Indemnity Company.All Rights Reserved POLICY NUMBER: 84 SBW BH9362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 30 DAY NOTICE OF CANCELLATION IN CONSIDERATION OF NO CHANGE IN PREMIUM, IT IS HEREBY AGREED AND UNDERSTOOD THAT FORM IH0315 APPLIES AS PER THE ATTACHED CITY OF LONG BEACH, BOARD OF HARBOR COMMISSIONERS CITY OF BEVERLY HILLS CITY OF HUNTINGTON BEACH CITY OF RANCHO MIRAGE BROWN & CALDWELL DMC RAVEN CONSTRUCTION, INC. CITY OF PASADENA SEE ATTACHED FORM IH0315 FOR EACH NAME ABOVE Form IH 12 00 11 85 T SEQ.NO. 004 Printed in U.S.A. Page 001 Process Date: 02/25/22 Expiration Date: 03/13/23 POLICY NUMBER: 84 SBIti, 1I9362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER SCHEDULE Number of Days Notice: Name of Certificate Holder: City of Huntington Beach Part A: 30 Part B: 30 Mailing Address: 2000 Main St Part C: 30 Huntington Beach, CA 92648 This policy is subject to the following additional If notice is mailed, proof of mailing notice to the Conditions when a number of days are shown in the certificate holder's mailing address as shown in Schedule for any of the above Parts. the Schedule will be sufficient proof of notice. If A. If this policy is cancelled by the Company, other the number of days notice in the schedule for any than for nonpayment of premium, notice of such Part is left blank or is shown as zero, no notice will cancellation will be provided to the certificate be provided to the Scheduled certificate holder holder in the Schedule, at least the number of under that Part. days in advance of the cancellation effective date, Any notification rights provided by this as shown in Part A. endorsement apply only to active certificate B. If this policy is cancelled by the Company for holder(s) who were issued a certificate of nonpayment of premium, notice of such insurance applicable to this policy's term cancellation will be provided to the certificate Failure to provide such notice to the certificate holder in the Schedule within the number of days holder(s) will not amend or extend the date the notice of the cancellation effective date, as shown cancellation becomes effective, nor will it negate in Part B. cancellation of the policy. Failure to send notice C. If this policy is cancelled by the insured, notice of shall impose no liability of any kind upon the such cancellation will be provided to the certificate Company or its agents or representatives. holder in the Schedule, within the number of days notice of the cancellation effective date, as shown in Part C. Form IH 0315 0611 Page 1 of 1 ©2011,The Hartford PRC 3SIONAL SERVICE AWARD AN4 JSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: Advantec Consulting Engineers, Inc. OVERALL RANKING: 1 of 13 SUBJECT MATTER EXPERTS/RATERS: I. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: • dvantec=Minimrum Qualifications Revielru' r y , ; ' r �.� v�r tkE -,...�,:� {?�a , xr .a- �,13. , �{�,�� < a: _a...,-.]::�:--==._.:_'�".::£ �!'A'��"ax'.b_ac'''s:�,:.�� .c��..�:-�...�i,.• ....:`��.k......t iv..,'�' ,_r_...al�.._.._. _k yr__y„_-, a_.. Total Weighted Maximum Criteria Score Score Staffing 425 500 Technical Approach 275 300 Qualifications 447.5 500 Clarity 175 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 9 Total ,z `� 4:22~5� 700 SM t.s_..�. 1. II. DUE DILIGENCE REVIEW • Interview Ranking: Axlvant�ec�-WSummary� f Reviewr, 1 z y X Oki 3 t ?'Lyr£ e- ..✓qs Lka 3 F.�; S.xL sx� ,f.. xm Mm t..7 s 4 p_x tc i _a,.u. .K>_.u�:.a ,�,_z. .�`r. ._�}:.�_- giAr^a:ai.f. a..,__-�.�.S_. W-'�c'�. . .- ..:' • Experienced design firm. Applicable project experience. Airgt tec p[lir'111C i lay x °R 4 <. l w r � � v t M n,'u� ya 2 j n q l ara' 4A.' ,:st P,taig a s, 'uir 5 x t.r -'a..g',a e S c1'�e K � �"...,.x�uc�:�:..cx.�.+.v1..,,_„��x�f�x..v�.,�r,5�i.,t iW,.nye'�,k•s:.as..:L,�.�_,,.: ..__.a xavk<ct� "�?.-.�.u•.a..�...Ys�s..->.u�s�......_..� • Separate from Proposal 307 PRC ;3SIONAL SERVICE AWARD AN `'SIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: FPL and Associates, Inc. OVERALL RANKING: 2 of 13 SUBJECT MATTER EXPERTS/RATERS: 9. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: is I a �. L �a a s � e$x: L^a:1, p, _'p.'. FPL—=MVlinimhmn0�ialifcationsReview k �i a.�s z # . -may �s E } �" t �' Y a49`.U r r^[�.. n r � .Y_ ��,iz, _ t� .s . jyt �_,�...�sa4�z_.._x �`-' S i�` ? ;,, ''�lr t"�c F -' i-t^"'. ,C`.yea ti.>ti f�„ -% Y+as". e:s,S r2 -•-r`ce': Total Weighted Maximum Criteria Score Score Staffing 400 500 Technical Approach 256.5 300 Qualifications 447.5 500 Clarity 165 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total II. DUE DILIGENCE REVIEW • Interview Ranking: P gWumimary of evie vtTP Ems= �, .' s. "k'��j� �f ;12Ag rr ,'a z $"`i;.*_ i-V-xm jP( err. Ar�, a S v bt"x M 3 IV01 ,r' � :, ii .r E-_+.'�TA il:.k.c._.S('�' _S.k�- �..f.�''` �.3 ..-E ,. .,^�.,_.az_..<,,�dit • Experienced design firm. Applicable project experience. Past success working with City. i s 'w x K -GTE I+s, . . t e- ey�.a t' rt u. ,yi;ir,y`�^__ FPk Par�c�n .5. r f t ?i,y' y.-t43... y� v3`'�4 hr` ��` 50W i -d T 7�-�'.3k ,7�,�K...tY,J �' 11 e�.,�w...v....�'�..._., _..._._..r v..t'-r.,.a�.rr m..x.>?^s..r° :.w..:.c�a ,e�i�.:..._._. �.w.i�r. t r t u,v • Separate from Proposal 308 PRC ,3SIONAL SERVICE AWARD AN, 'SIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: KOA Corporation OVERALL RANKING: 3 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works • I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: KQA''Minimum Qivalifications�Review'S} � "� "nt '�' g g r iV rM A+.,.ir:-'k �4 t P '. {y ,4:: 7i ei s 5 YN Total Weighted Maximum Criteria Score Score Staffing 362.5 500 Technical Approach 228 300 Qualifications 410 500 Clarity 160 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total . pr64V N 16a0 r .m_ .ems,11suA- 'Y:v. , __ ge2.II. DUE DILIGENCE REVIEW • • Interview Ranking: MKOA:4 Summalry.gto iev�►p i r z , ' T f w ,t �:�i� . cy.wSn ., _.s-.*:.�.f� 5.... T' J. _,�:(�..fC.+'h.�' r ' 1� ._.0� ����,..�...L;�:.Yj •y. vTL� �J�h r 1.�?+�+L.r..au.�i_.�.y..y 4 • Experienced design firm. Applicable project experience. KOA—Pricin_g til i 3 yat-rq,F r .y�x�;L a _'y,,„Est` ,_a-f _. l5- h .'},_ -e• S' r Yr t a rx•fy.'kt� k •xis. x�.rr ri ,ri ,p t .x. _.....�m�t��,.�s,,.......�..�....�'`..,.,uz,,�; �..x `iE ,,1,4.E r.�,�.. �..��w�:..:ss .�„ask rl.»:�f • Separate from Proposal 309 PRC J SIONAL SERVICE AWARD ANi—;SIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: LG2WB (LLG) OVERALL RANKING: r4 of 13 SUBJECT MATTER EXPERTS/RATERS: 9. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 0LG.2WB.-=Mmimum1 ualifieations`RevieWIn y kf rakd`�kets_.k.�f.-__..$x MMVEy`x nMINSSIMM�....z�a..`.�..._.A4zu4-� Total Weighted Maximum Criteria Score Score Staffing 367.5 500 Technical Approach 219 300 Qualifications 355 500 Clarity 140 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total to i"1281 5M1 e 1700 MA II. DUE DILIGENCE REVIEW • Interview Ranking: X �2'A/ S v T T � ,ri ;,� ? A.,ti�+k"+' nk'ac a .. a, � Summalry of Review 6r M1�.'V'uTT T"��r 4µ k �; r!�k y<,�61 ..E'er Ly„ 3 lrr E 3P "k 1f YY i^y l �4.�y x vo • Experienced design firm. Applicable project experience. LG2WBi'�tl Pr cingk�` '� h,'#,'�S c+,y� C F42 +'y,�,.-. 1s n fti 4s ^z f C*, r,, '.� jF .,f .c m S'r .1"' c z o 3�, v .y- .s 1a`-t1Fa ri 2,1 i a``� . ��7 c f ys X{ a ^�#z'h aR ,t ,� ..er!s_ r v!v'"�"�' 5ity ti m f.g t�,e_,��,'3+,. ..� :e�.�*,.,..et' zcGu�tisl:�,«"'..s....:._?*....E..'v._ti.�s:..u,.�+..a3'�..�:�.�.:�s.;ts,mil;:zra,.u.Uaar-�La.,:...� .,;:.c�A • Separate from Proposal 310 PRC '3SIONAL SERVICE AWARD AN iSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering supporffor City's annual Capital Improvement Program projects VENDOR: AGA Engineers, Inc. OVERALL RANKING: 5 of 13 SUBJECT MATTER EXPERTS/RATERS: 1. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: EGA ` Minimum Qualifications t'eview. K ti y ri, i }y tkVA- a r.: .- j 004.r,r,•tixs( Total Weighted Maximum Criteria Score Score Staffing 325 500 Technical Approach 222 300 Qualifications 375 500 Clarity • 155 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 taKit TotalVO i- - -A �r II. DUE DILIGENCE REVIEW • Interview Ranking: x p y� , AGA—SUmmaiy titRIevieV�`!i i LYE w<4�..1t ,..v r:N f�� . t i4� k 7"��.�Y".. "` k -s i moz k �s'Y w .,3-;:47 t� '.£t�i,u'-ut o ,i s 1`s�."''`y"�� "��, , ��r �ititi._yr; '� • Experienced design firm. Applicable project experience. Past success working with City. l4 i s-'s'k;�"M1fg ' i4aah t !u d t�4k `4'`1'±� .tr y �E yam{ 4 ACA -���cing �,, '.r 3 d`"�.., -I4 gi ,VF' ,A Ig rp�t, r �. T•}r,V`y's 3 IP f " aaa,�, +x— w.....�ligi l�-. Ew.:..i1,L.L::-.:tsku'7'r'Gt;T�ss� +"c_,''.,.Se u_.�..a�..zrat.,:.E ems .,.�.�:�g-Wf 1 igita t "'r^7?_r. • Separate from Proposal 311 PR( SSIONAL SERVICE AWARD AN PSIS SERVICE: On-Call Transportation Engineering Services SERVICE DESCRIPTION: Engineering support for City's annual Capital Improvement Program projects VENDOR: Michael Baker International OVERALL RANKING: 6 of 13 SUBJECT MATTER EXPERTS/RATERS: 9. Principal Civil Engineer 2. Senior Traffic Engineer 3. Senior Traffic Engineer 4. Deputy Director of Public Works I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: accnoiotgwggaaIEEMichael Baiter Minimum Qualifications Reviev�r5 k x '4 k�_ n Wr:A l- w,.ti -�- Total Weighted Maximum Criteria Score Score Staffing 320 500 Technical Approach 217.5 300 Qualifications 350 500 Clarity 165 200 Local Vendor Preference 0 0 Cost NA NA References and Background 200 200 Total _ �z 252�sa. k M YP �700 1� Y/G Y._�3.'=F y.a.r.S_ d..:7.,,:.+kn _F...xa...,i... II. DUE DILIGENCE REVIEW • Interview Ranking: a Michael Baler F Suinm`ar of Review °r ` ,E ._x::.3Y-. -"`-L-3'a�.�e.���..r _A3..�.�'.^sa3fnasg�x gl >i._ r`T N 1z u�'r� - t ak • Experienced design firm. Applicable project experience. Michael Baker,t fPri+ in ".�i '��.°r T". `"�"�` `, ; � �' 9t '' �,4,.1fe w�� 2'`4 aye '�� �t�ti��;� ��'x= {, 4 c`�^*`' [' �i ':{ .,..,s�Vj,..:.r=_a ,�101 iz'L"?„z i 1,:a,.,..a,�iva.........c.v�'x�,tnH M!sh•E.'[. .,.. ,.., k,...E,:;,,`,;„ ,,f.Fl,' • Separate from Proposal 312 • •TINGr% m. City of .L:i:untington Beach 00 e-- :vim, 2000 Main Street ♦ Huntington Beach, CA 92648 U = - y (714) 536-5227 • www.huntingtonbeachca.gov • /L •.�k�re::.;::: M: ��F''•.•�::::g09• ��� vo Office of the City Clerk ei9ONTY 0,,# Robin Estanislau, City Clerk April 28, 2022 KOA Corporation Attn: Stephen Bise 1100 Corporate Center Drive, Suite 201 Monterey Park, CA 91754 Dear Mr. Bise: Enclosed is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and KOA Corporation for On-Call Transportation Engineering Services approved by the Huntington Beach City Council on April 19, 2022. Sincerely, g )ritou 943/1417.14,161d Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand