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HomeMy WebLinkAboutContract 1651 ,r) U ) I6s i AGREEMENT FOR DESIGN PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND ALBERT A. WEBB ASSOCIATES FOR THE DESIGN OF STREET IMPROVEMENTS FOR CIP 8659 —VISTA CHINO EAST AND CIP 8660 —VIST CHINO WEST This Agreement for Design Professional Services ("Agreement") is entered into as of May 26, 2016 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and Albert A. Webb Associates, ("Design Professional"). City and Design Professional are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by request for proposals, the performance of the engineering and land surveying] services defined and described particularly in Section 2 of this Agreement. B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Design Professional was selected by the City on the basis of Design Professional's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: - 1 - SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for six months commencing on the Effective Date. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit "A" "Scope of Work" (hereinafter, the "Services") and made a part of this Agreement by this reference. Services include the design of Street improvements for CIP 8659 —Vista Chino East and CIP 8660 - Vista Chino West. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amounts specified in Exhibit "B" "Cost Proposal" and made a part of this Agreement by this reference. The total compensation, for CIP 8659 — Vista Chino East, including reimbursement for actual expenses, shall not exceed Fifty Four Thousand, Seven Hundred Seventy-Five Dollars ($54,775.00). The total compensation, for CIP 8660 — Vista Chino West, including reimbursement for actual expenses, shall not exceed Fifty Four Thousand, Seven Hundred Seventy-Five Dollars ($54,775.00). Total compensation for the two projects shall not exceed One Hundred Nine Thousand, Five Hundred Fifty dollars ($109,550.00), unless additional compensation is approved in writing in accordance with Section 25 "Administration and Implementation" or Section 27 "Amendment" of this Agreement. (b) Each month Design Professional shall furnish to City a separate, original invoice for all work performed and expenses incurred during the preceding month for each CIP Project. The invoices shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor - 2 - Professional contracts. Sub-contractor Professional invoices shall be detailed in the same manner as Design Professional invoice. City shall independently review each invoice submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty-five (45) days of receipt of Design Professional's correct and undisputed invoice. (d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Design Professional's work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Professional's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional's work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 "Indemnification" and Section 16 "Insurance." SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional. Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional's guarantees and warranties in Section 9 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to - 3 - such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS. (a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional's performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Design Professional's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Design Professional's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. (a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional's officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that - 4 - Design Professional or any of Design Professional's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professional, nor any of Design Professional's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Design Professional expressly waives any claim Design Professional may have to any such rights. SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section. SECTION 11. PREVAILING WAGE LAWS. It is the understanding of City and Design Professional that California prevailing wage laws apply to the land surveying work performed under this Agreement. - 5 - SECTION 12. NONDISCRIMINATION. Design Professional shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 13. CONFLICTS OF INTEREST. -(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional's performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. - 6 - (b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives City notice of such court order or subpoena. (c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Design Professional's conduct. (d) Design Professional shall promptly notify City should Design Professional , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification by Design Professional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Design Professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person - 7 - or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 16. INSURANCE. Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 "Termination of Agreement." City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional's staff and subcontractors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. - 8 - SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional's possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. SECTION 20. DEFAULT. In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default. The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 "Termination of Agreement." Any failure on the part of the City to give notice of the Design Professional's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe - 9 - weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 22. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION 23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing, addressed as follows: To City: City of Cathedral City Attn: City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Design Professional: Albert A. Webb Associates Attn: Bruce Davis, P.E., Sr. VP 3788 McCray Street Riverside, CA 92506 Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder. SECTION 25. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 "Amendment" and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 26. BINDING EFFECT. - 10 - This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION 28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement. SECTION 29. LAW TO GOVERN; VENUE. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, - 11 - whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 33. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. TY OF CA H DRAL CITY ALBERT A. WEB OCIATES -nkt-tbitil Charles P. McClendon By: bh-t/is City Manager Its: 56i440e.- I Og AV,Qtlor ATTEST: By: Its: Gary F. Howell City Clerk APPROVED AS TO F Eric S. Vail City Attorney NOTE: DESIGN PROFESSIONAL'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DESIGN PROFESSIONAL'S BUSINESS ENTITY. - 12 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE 3Ltiiii On �. , 2016 before me, -V v Y c& - 0 , N o} r- c_, Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") j personally appeared -173r U' 1 S Name of Signer(y' who proved to me on the basis of satisfactory evidence to be the person(t) whose name* is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histar4bair authorized capacity(ies), and that by his/laer1tbeir signature(s) on the instrument the person*, or the entity upon behalf of which the person(* acted, executed the DeliORAH C. MAY instrument. COMM. #2117166 a, I certify under PENALTY OF PERJURY under the laws of the #• NOTARY PUBLIC CALIFORNIA ffl �.I►j RIYERSIOECOUNTr State of California that the foregoing paragraph is true and MY Comm-Expires July 23,2019 j correct. WITNESS my hand and official seal. ( 21/'( Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 2016 before me, Date Name And Title Of Officer(e.g."Jane Doe,Notary Public") personally appeared Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual Corporate Officer Title(s) Title or Type of Document Partner(s) " Limited General Attorney-In-Fact Number Of Pages Trustee(s) Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above EXHIBIT "A" SCOPE OF WORK FROM PROPOSAL A-1 D. Scope of Work WEBB's Scope of Services for the Design of Street Improvements on Vista Chino has been organized with a detailed breakdown and brief description of the proposed tasks. The Scope of Services has been broken out — into seven main tasks in accordance with the RFP as follows: 1. Field Survey and Base Sheets 2. Utility Research and Coordination 3. Geotechnical Investigation 4. Plans, Specifications, and Engineer's Estimates 5. Project Management, Meetings, and Schedule 6. Bidding 7. Construction ` ( 1. Field Survey and Base Sheets WEBB will perform aerial and field surveys necessary for the design of the project. Survey scopes include raised medians, driveways, sidewalk, ADA ramps, cross gutters, utilities, and markings. Field survey information will also include surface ground, surface culture, all features within and around the project area, and existing roadway profile and pavement limits. WEBB will perform detailed surveying work (., including the tie-out of any and all existing survey centerlines and property corner monuments that could be disturbed and affected by the proposed work. WEBB will obtain available City records such as survey ties, benchmarks, street plans, and tract and parcel maps the City knowingly has in its possession.WEBB will prepare base sheets showing existing improvements and property lines with all right-of-ways depicted. Deliverable: (- Base sheet with aerial topo will be used for street plan preparations and will be included as part of the 60%project submittal to the City. 2. Utility Research and Coordination WEBB will conduct existing utility research for all utilities within the project limits to identify, locate, and accurately layout all underground improvements. WEBB will identify all utilities that could potentially conflict with the planned project and determine special requirements for facilities including protection, relocation, and adjust to grade.WEBB will coordinate with the utility companies to schedule the relocation of the utilities prior to the start of construction. (_ WEBB will determine which utility is to receive notification, address the utility notification letters, and provide the City with a copy of the letters. The City will print on City letterhead and provide them to WEBB. WEBB will mail these letters to respective utility. WEBB will prepare letters comprised of first utility notice letter (Preliminary Project Notice)with response form,second utility notice letter(Prepare to Relocate)with response ( form, and third utility notice letter(Notice to Relocate).WEBB will call the utility companies, as necessary, until a written response form is received from each potentially conflicting utility. Deliverable: Utility information will be used for street plan preparations and will be included as part of the 60% project submittal to the City. 101 3. Geotechnical Investigation WEBB has teamed up with Petra Geosciences, Inc. (Petra) to provide geotechnical investigation and recommendation services. In order to gain sufficient information for development of engineering design parameters for the roadways, Petra proposes to excavate through the roadway sections with a portable coring machine then hand auger below the pavement along the alignments to collect subsurface information and samples of subsurface materials for laboratory testing. Bulk soil samples will be collected for R-Value testing and other laboratory tests as deemed appropriate.A visual examination will be made along the alignments of the existing roadways to determine existing conditions of the pavement. The visual examination will note and document locations of distress, manner, and amount of cracking. This information will provide a basis for evaluating methods for rehabilitation. Upon completion of the field and laboratory work, engineering analyses will be performed to determine an appropriate course of action and recommendations for rehabilitation and reconstruction of the two roadway sections, including pavement structural section design. An examination of alternative reconstruction options will also be included. To achieve these objectives, Petra is proposing the following scope of work. • Collect and review readily available reports and literature concerning soil and geologic conditions within and adjacent to the site • Coordinate with local underground utilities locating service (Underground Service Alert) to obtain an underground utility clearance prior to commencement of the subsurface investigation. It should be noted that this service does not locate private utilities within properties. Therefore, the current Owner would be responsible for informing Petra of the presence of any such on-site utilities (for example water and non-pressurized lines) and/or repair and relocation of such • Obtain an encroachment permit from the City. Petra assumes this permit will be obtained at no charge • Prepare a traffic control plan • Core drill asphaltic pavement and advance hand auger borings at 10 locations to depths on the order of about 3 to 5 feet below ground surface to observe subsurface soil conditions and the existing pavement section along the alignments. These cores and borings will provide data critical for calculation of the required roadway structural sections and allow for evaluation of current pavement thickness and moisture and in-situ unit weight conditions of the existing subgrade materials • Perform laboratory testing on representative soil samples. Laboratory tests that will be performed will include,but not necessarily be limited to R-Value,maximum density and optimum moisture determination, in-situ moisture and density, grain size analysis, and thickness of asphalt cores • Prepare a geotechnical report presenting the results of our investigation.This report will include our evaluation of geotechnical conditions associated with site improvements and rehabilitation of the roadways, including but not limited to information on site work, embankments, geology, soil erosion, roadbed preparation, fill placement, over-excavation, groundwater, and roadway structural section design • Provide support and answer questions during the development of engineering drawings and during the bidding phase of the project • Attend one to two meetings with the project team • Field work is expected to take two days and should be completed within approximately one to two weeks of notice to proceed. Laboratory testing, engineering analysis, and report preparation should take an additional three to four weeks Any above listed scope of services may be eliminated or reduced at the City's discretion and fees will be adjusted accordingly prior to the notice to proceed being issued by the City. Deliverable: A summary of the 10-boring samples will be submitted to the City for review 10-days after the completion of the field works.A Preliminary Geotechnical Investigation Report will be included as part of the 60% project submittal to the City. 11 4. Plans, Specifications, and Engineer's Estimate WEBB will prepare street improvement plans and signing &striping plans and necessary construction details to facilitate the construction of the Vista Chino Project. a. Street Improvement Plans include: • Title Sheet • General Notes Sheet • Typical Section Sheet • Raised Median and Pavement Recycling Plans • Construction Details • Utility Relocation and Adjustment Plan Existing surface improvements, raised medians, driveway approaches, curb & gutter, sewer manhole, water valve and gas valve lids, electrical vaults, air vac, cross gutters, pedestrian ramps, curb returns, and other details that could be affected by the new construction will be shown in a half tone or dashed background format to distinguish them from the new improvements proposed for the project. New improvements including center median islands, sidewalks, ADA ramps, recycled street pavement, all facility or structure adjustments to be performed by the contractor(including water valves, gas valves, sewer manholes, telephone manholes, electrical manholes, etc.), all relocations, and all reconstructions or modifications shall be shown in full tone or highlighted with appropriate construction note, detail reference, or standard plan reference identified.Also, curb ramps within the project limits shall be upgraded to comply with the latest ADA standards. Construction notes should be arranged such that the first notes are `protect in place', followed with `removal' notes, and ending with the actual work. Notes of like work should be grouped together. Utilizing the Cold In-place Recycling (CIR) process, the finished surface of raised median curb will be set at the elevation of the existing pavement plus 2" for allotment of the final 2" rubberized asphalt overlay. Intersections with left turn lanes will be assessed for proper drainage. Some areas of the project site have severe pavement damage, localized remove and replace or cement stabilization maybe used in addition to the CIR process. The coring of the existing pavement and geotechnical investigation may assist the City and WEBB to identify these areas. Since Vista Chino is a pavement reconstruction rehabilitation project within the existing surface footprint, it is exempt from the requirements of the Guidance and Standards for Transportation Projects. b. Signing &Striping Plan Currently, the Vista Chino corridor has over 80 residential driveways and numerous commercial driveways. The existing painted center medians allow motorists to enter and exit the corridor using both left and right turning movements. The proposed raised median will restrict the driveway access to right in and right out only, and the left turn movement will be accommodated by U-turns at designated median breaks and signaled intersections.WEBB's traffic engineer will evaluate vehicle turning radius at median breaks utilizing the AutoTURN program and the findings of this evaluation will be discussed with the City and will be a component of the signage plans. The WEBB Team identified another critical design element which is the vehicle storage length at left turn lanes. WEBB's traffic engineer will collect and analyze the available traffic data from the City with the projected increases for the forecast year.The results of the analysis will be used for the length determination of left turn pockets. The striping is a critical component of design which communicates to the driver where to yield and which lane to use.The lane geometry will be clearly defined toy be used as mode as graphical placement provides of the roadway striping. General call outs the type of striping to the striping with specific and critical radii will be shown. 12 During the CIR process, the existing traffic loops at the signaled intersection will be demolished. New traffic loops will be installed before the final cap of 2" rubberized overlay. WEBB will assist the City to evaluate the project budget for the alternative of using video detection. Video detection can be easily adjusted to each stage of the construction and will not be affected by future utility trenching or pavement repair. Signing & striping plans will show existing street striping, street legends, crosswalks, sign legends, and all other ancillary street markings and signing that may exist or be required to complete the street improvements. The signing notes, painted striping notes, thermoplastic marking, and pavement marker notes are to be grouped together. c. Project Specification and Bid Documents The City will provide WEBB with its boilerplate Specifications and Technical Provisions in Microsoft Word format. WEBB will be compiling the Project Specifications including the project specific scope of work in the Technical Specifications and provide special Technical Provisions beyond the City's standard Technical Provisions. The Specifications shall be signed by a WEBB civil engineer registered in the state of California that they are complete and ready for bidding purposes and awarding contracts for construction for the improvements. The latest edition of the Green Book (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the project except for striping and traffic signs. The technical portion of the Caltrans Standard Specifications will be used for the striping and traffic signs.The specifications for CIR process will also be included. d. Cost Estimates WEBB will provide a construction quantity and cost estimate with each submittal of plans.The unit costs shall be based upon the most current cost information for recent similar projects in the area compiled by WEBB and approved by the City. The estimated items of work with quantities shall include, but not be limited to itemizing all removals, clearing and grubbing, relocations, PCC sidewalk, PCC median curb, cement stabilization, edge milling, Cold In-Place Recycling(CIR), rubberized asphalt overlay, reconstruction of access ramps, survey monument wells, raising manholes, water valve lids, signing & striping, and signs. The estimated items of work with quantities shall be arranged in chronological order of construction and shall contain all the information needed to prepare the engineer's estimate of costs. WEBB will be required to periodically submit updated preliminary cost estimates as design progresses. WEBB's final construction cost estimate shall be based upon, and in agreement with, the final items of work with estimated quantities. Computations showing estimated quantities and costs for each location of work, as well as the sum totals for each segment of the project and total project, shall be submitted to the City for review along with a set of plans showing items of work with quantities on each sheet. Submission of computations does not relieve WEBB's responsibility of submitting an accurate estimate of quantities. Deliverable: This project has an aggressive timeline. WEBB will work closely with the City to expedite plan preparation and review. Major milestones needed to meet the project schedule are summarized below: Week 1: City issues Notice to Proceed is set as the beginning of Week 1 (May 31) Week 8: Project release for bids Week 12: Receive bids Week 13: Award construction (August 24) Week 16: Begin construction Week 25: Complete construction (November 18) Week 28: "As Built" plans and project closeout I13 5. Project Management, Meetings, and Schedule WEBB will schedule and attend meetings in the planning phase as follows: • Kick-off meeting including sub-consultants • Project Development Team (PDT) Meetings- monthly • City Council Meeting if required • Other meetings as necessary such as, but not limited to agencies, proposed developers in the area, business, property owners, field reviews, utilities, and such WEBB will schedule, chair, and prepare meeting agendas and minutes for all meetings. WEBB will develop the schedule utilizing Microsoft Project®. The schedule shall be provided to the City in both digital and hard copy. An updated schedule is to be handed out during the PDT Meetings. The project schedule will be divided into tasks and subtasks in full detail including, but not limited to utility relocation (if needed), City function timeline, critical path, and other outside sources such as agencies or utilities. Some of the tasks shall be, but are not limited to utility relocation/ adjust to grade, design, relevant City Council meetings, construction, and as-built plan preparation. 6. Bidding WEBB will attend the pre-bid meeting. WEBB will answer questions regarding the technical provisions, the design drawings, or conflicts in the design during the bidding process. 7. Construction WEBB will attend the pre-construction meeting. WEBB will be available to answer questions regarding the technical provisions, the design drawings, or conflicts in the design during the construction, and assist the City in issuing contract change orders regarding omissions or conflicts in the design, at no charge to the City. WEBB will incorporate all redline comments prepared by the Contractor and project Inspector on the signed design plans. The as-built drawings shall be provided to the City and approved prior to the release of the final progress payment. WEBB will attach hanging file tabs to the Mylar as-built drawings. A line item shall be included in the proposal for as-built drawings. 141 EXHIBIT "B" COST PROPOSAL B-1 A L B E R T A. WEBB A S S O C I A T E S City of Cathedral City Design of Street Improvements on Vista Chino Item Task Description i field Surveysrani Base Sheets $ 3 ' _ $26o 7UU'o`t Aerial Topo, Field Survey, and Base Sheets $26,700 :.e 4:t411 $4,420, 3 4 x Utility Research and Coordination $4,420 17,060 $cl • µ. _ Geotechnical Investigation $17,060 Plans, S cifi ations, a d Engineer's Esmate N. •,-.ss,, 13,Y4 ,,,,7' � $47,460' j Street Rehab, Raised Median, S/W and Accss Ramp Detail Plans $28,000 Review Traffic Data, Evaluate Turning Lane Storage, Signing and Striping Plan $8,700 Project Specification and Bid Documents $7,760 QA/QC $ Cost Estimates $3,000 .� lkfl ate' '�,c+"�'}*.t , - `�5�' :x. n *.t:.4 ' -as P3,• -�. �a y, } -;�t°��.��+�: � F` '� � � s.�� �:� � 5 st Pro.ect=Management,Meetings,and Schedule _ $5,440 Meetings &Schedule $5,440 -;,..x 6 Bidding k � _ „� . "'s *,!,?, n+xaa"'`. . a, a"r% .v.,,tr .,t-,r° `nh ,§ f.. _ ° ... _k'�r�^,.Set....,.�, a'm� ...r.., .xw, t�`. t, .. .ca .,f. .! �.-:r— Bidding $3,360 y{ ;„^ t 'x . . v !1 10 7 k Construction y , Construction $3,520 "As Built" Plans $1,590 "a@'`v ,+/ 's; a'#`gr'.d s$-"t, ` yak dr , + :M „ r Total� P44- ;s 1:,45r s � 4 n .,.s $109,550 EXHIBIT "C" INSURANCE A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance: Only the following "marked" requirements are applicable: X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim. X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider's profession in an amount not less than one million dollars C-1 $1,000,000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Coverages. a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. 2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider's insurance. c. Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C-2 d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-3 �..,N ALBEAWE-01 NBASEHART ACOROrt DATE(MM/DD/YYYY) `,� CERTIFICATE OF LIABILITY INSURANCE 6/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0757776 NAMEACT Kristie Koehrer HUB International Insurance Services Inc. PHONE FAX (951)788-8502 P.O.Box 5345 (A/C,No,Eat:(951)788-8500 (A/c,No): Riverside,CA 92517 ADDRESS:CAL.CPU @hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:Ironshore Specialty Company 25445 Albert A.Webb Associates INSURER C: 3788 McCray St. INSURER D: Riverside,CA 92506 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 6305456P929TIL16 02/01/2016 02/01/2017 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 . PERSONAL A.ADV INJURY .$ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO X X BA5456P92916CAG 02/01/2016 02/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NO OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-MADE CUP5456P929TIL16 02/01/2016 02/01/2017 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X MUTE EMPLOYERS'LIABILITY STATUTE ER Y A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N I N/A X UB4A464917 09/01/2015 09/01/2016 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 1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , , B Professional Liab 001753802 08/08/2015 08/08/2016 Ded$100k/EaClaim 1M 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:CIP 8659-Vista Chino East and CIP 8660-Vista Chino West. The City of Cathedral City and its respective elected and appointed officers,officials,employees and volunteers are additional insured with regard to General Liability per attached endorsement form CGD415 05/08,Primary/Non-contributory and Waiver of Subrogation Included. Additional Insured with respects to Auto Liability applies per attached endorsement form CAT474 02/15,Primary/Non-Contributory wording included.Waiver of Subrogation applies to Auto Liability per attached endorsement form CAT353 02/15.Waiver of Subrogation applies to Workers'Compensation per attached endorsement form WC990376. "Should the policies be cancelled before the expiration date,Hub International Insurance Services Inc.(Hub),independent of any rights which may be afforded within the policies to the certificate holder named below,will provide to such certificate holder notice of such cancellation within thirty(30)days of SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cathedral City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY tY ACCORDANCE WITH THE POLICY PROVISIONS. 68700 Avenida Lalo Guerrero Cathedral City,CA 92234 AUTHORIZED REPRESENTATIVE 4(14-el'1OCaerdi--- I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ALBEAWE-01 NBASEHART LOC#: 0 ACCPR EY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0757776 NAMED INSURED HUB International Insurance Services Inc. Albert A.Webb Associates POLICY NUMBER 3788 McCray St. Riverside,CA 92506 SEE PAGE 1 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: the cancellation date,except in the event the cancellation is due to non-payment of premium,in which case Hub will provide to such certificate holder notice of such cancellation within ten(10)days of the cancellation date." ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Insured: Albert A. Webb Associates Policy # 6305456P929TIL16 Policy Term: 02/01/2016 to 02/01/2017 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGE SM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured M. Who Is An Insured — Newly Acquired Or B. Incidental Medical Malpractice Formed Organizations C. Reasonable Force— Bodily Injury Or Property N. Injury To Co-Employees And Co-Volunteer Damage Workers D. Non-Owned Watercraft— Increased To Up To O. Medical Payments Limit 75 feet P. Knowledge And Notice Of Occurrence Or E. Aircraft Chartered With Pilot Offense F. Extension Of Coverage — Damage To Q. Other Insurance Condition Premises Rented To You R. Unintentional Omission G. Personal Injury—Assumed by Contract S. Waiver Of Transfer Of Rights Of Recovery H. Increased Supplementary Payments Against Others To Us When Required By Contract I. Additional Insured — Owner, Manager Or Lessor Of Premises T. Amended Bodily Injury Definition J. Additional Insured — Lessor Of Leased Equip- U. Amended Insured Contract Definition — Rail ment road Easement K. Additional Insured — State Or Political V. Additional Definition — Written Contract Re- Subdivisions—Permits Relating To Premises quiring Insurance L. Additional Insured — State Or Political Subdivisions—Permits Relating To Operations PROVISIONS ever, coverage for any such additional organiza- A. BROADENED NAMED INSURED — UNNAMED tion will cease as of the date, if any, during the SUBSIDIARIES policy period, that you no longer are the sole owner of, or maintain the majority ownership in- The Named Insured in Item 1. of the Declarations terest in, such organization. is amended as follows: B. INCIDENTAL MEDICAL MALPRACTICE The person or organization named in Item 1. of the Declarations and any organization, other than 1. The following is added to the definition of"oc a partnership, joint venture, limited liability com- currence"in the DEFINITIONS Section: pany or trust, of which you are the sole owner or Unless you are in the business or occupation in which you maintain the majority ownership in- of providing professional health care services, terest on the effective date of the policy. How- "occurrence" also means an act or omission CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies,Inc. Page 1 of 8 COMMERCIAL GENERAL LIABILITY committed by any of your"employees"who is for "bodily injury" that arises out of providing employed by you as a registered nurse, li- or failing to provide "incidental medical ser- censed practical nurse, emergency medical vices" or "Good Samaritan services", except technician or paramedic, in providing or failing for insurance purchased specifically by you to to provide "incidental medical services" or apply in excess of the Limits of Insurance "Good Samaritan services"to a person. shown in the Declarations for this Coverage 2. The following is added to the DEFINITIONS Part. Section: 6. The following is added to Paragraph 5. of a. "Incidental medical services" means SECTION 11I—LIMITS OF INSURANCE: medical, surgical, dental, laboratory,x-ray For the purposes of determining the applica- or nursing service, treatment, advice or ble Each Occurrence Limit, all related acts or instruction; the related furnishing of food omissions committed by any of your"employ- or beverages; the furnishing or dispens- ees"in providing or failing to provide"inciden- ing of drugs or medical supplies or appli- tal medical services" or"Good Samaritan ser- ances; or first aid. vices"to any one person will be deemed to be b. "Good Samaritan services" means those one"occurrence". medical services rendered or provided in C. REASONABLE FORCE PROPERTY DAMAGE— an emergency and for which no remu- EXCEPTION TO EXPECTED OR INTENDED IN- neration is demanded or received. JURY EXCLUSION 3. The following is added to Paragraph 2.a.(1) The following replaces Exclusion a., Expected Or of SECTION II—WHO IS AN INSURED Intended Injury, in Paragraph 2. of SECTION I— Paragraphs (1) (a), (b), (c) and (d) above do COVERAGES — COVERAGE A BODILY IN- not apply to any of your"employees"who are JURY AND PROPERTY DAMAGE LIABILITY: employed by you as a registered nurse, li- a. Expected Or Intended Injury Or Damage censed practical nurse, emergency medical technician or paramedic but only while per- "Bodily injury" or"property damage"expected forming the services described in Paragraph or intended from the standpoint of the in- 1. above and while acting within the scope of sured. This exclusion does not apply to "bod- their employment by you. Any such "employ- ily injury" or"property damage" resulting from ees" rendering "incidental medical services" the use of reasonable force to protect any or"Good Samaritan services"will be deemed person or property. to be acting within the scope of their employ- D. NON-OWNED WATERCRAFT — INCREASED ment by you. TO UP TO 75 FEET 4. The following exclusion is added to Para- 1. The following replaces Paragraph (2) of Ex- graph 2. Exclusions of SECTION I — COV- clusion g., Aircraft, Auto Or Watercraft, in ERAGES—COVERAGE A BODILY INJURY Paragraph 2. of SECTION I — COVERAGES AND PROPERTY DAMAGE LIABILITY: — COVERAGE A BODILY INJURY AND Sale of Pharmaceuticals PROPERTY DAMAGE LIABILITY: "Bodily injury" or "property damage" arising (2) A watercraft you do not own that is: out of the willful violation of a penal statute or (a) Less than 75 feet long; and ordinance relating to the sale of pharmaceuti- (b) Not being used to carry any person or cals committed by or with the knowledge or property for a charge. consent of the insured. 2. The following is added to SECTION II—WHO 5. The following is added to Paragraph 4.b., Ex- IS AN INSURED: cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- Any person who, with your expressed or im- TIONS: plied consent, either uses or is responsible for the use of a nonowned watercraft that is less This insurance is excess over any valid and than 75 feet and not being used to carry per- collectible"other insurance",whether primary, son or property for a charge is included as an excess, contingent or on any other basis, that insured under this Coverage Part. is available to you or any of your"employees" Page 2 of 8 ©2008 The Travelers Companies,Inc. CG D4 15 05 08(Rev.10-08) COMMERCIAL GENERAL LIABILITY • E. AIRCRAFT CHARTERED WITH PILOT of the owner, caused by:fire; explosion; light- The following is added to Exclusion g., Aircraft, ning; smoke resulting from such fire, explo- Auto Or Watercraft, in Paragraph 2.of SECTION sion, or lightning; or water. The Damage To I — COVERAGES — COVERAGE A BODILY IN- Premises Rented To You Limit will apply to all JURY AND PROPERTY DAMAGE LIABILITY: "property damage" proximately caused by the same "occurrence", whether such damage This exclusion does not apply to an aircraft that results from: fire; explosion; lightning; smoke is: resulting from such fire, explosion, or light- (a) Chartered with a pilot to any insured; and ning; or water; or any combination of any of (b) Not owned by any insured. these causes. F. EXTENSION OF COVERAGE — DAMAGE TO The Damage To Premises Rented To You PREMISES RENTED TO YOU Limit will be the higher of: 1. The following replaces the last paragraph of a. $300,000;or SECTION I—COVERAGES—COVERAGE A b. The amount shown for the Damage To BODILY INJURY AND PROPERTY DAM- Premises Rented To You Limit in the AGE LIABILITY: Declarations for this Coverage Part. Exclusions c.through n. do not apply to dam- 4. The following replaces Paragraph a. of the age to premises while rented to you, or tem- definition of"insured contract" in the DEFINI- porarily occupied by you with permission of TIONS Section: the owner,caused by: a. A contract for a lease of premises. How- a. Fire; ever, that portion of the contract for a b. Explosion; lease of premises that indemnifies any person or organization for damage to c. Lightning; premises while rented to you, or tempo- d. Smoke resulting from such fire,explosion, rarily occupied by you with permission of or lightning; or the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, e. Water. explosion, or lightning; or water is not an A separate limit of insurance applies to this "insured contract"; coverage as described in SECTION III—LIM- G. PERSONAL INJURY — ASSUMED BY CON- ITS OF INSURANCE TRACT 2. The insurance under this Provision F. does The following replaces Exclusion e., Contractual not apply to damage to premises while rented Liability in Paragraph 2. of SECTION I — COV- to you, or temporarily occupied by you with ERAGES — COVERAGE B PERSONAL AND permission of the owner,caused by: ADVERTISING INJURY LIABILITY: a. Rupture, bursting, or operation of pres- "Advertising injury" for which the insured has as- sure relief devices; sumed liability in a contract or agreement. This b. Rupture or bursting due to expansion or exclusion does not apply to liability for damages swelling of the contents of any building or that the insured would have in the absence of the structure, caused by or resulting from wa- contract or agreement. ter; or H. INCREASED SUPPLEMENTARY PAYMENTS c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- 3. The following replaces Paragraph 6. of SEC- AGES A AND B of SECTION I — COVER- TION III—LIMITS OF INSURANCE AGES: Subject to 5. above, the Damage To Prem- b. Up to $2,500 for cost of bail bonds re- ises Rented To You Limit is the most we will quired because of accidents or traffic law pay under Coverage A for the sum of all violations arising out of the use of any damages because of "property damage" to vehicle to which the Bodily Injury Liability any one premises while rented to you, or Coverage applies. We do not have to fur- temporarily occupied by you with permission nish these bonds. CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies,Inc. Page 3 of 8 COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 1.d. of performed by or on behalf of such SUPPLEMENTARY PAYMENTS — COVER- additional insured;or AGES A AND B of SECTION I — COVER- (3) Any premises for which coverage is AGES: excluded by another endorsement to d. All reasonable expenses incurred by the this Coverage Part. insured at our request to assist us in the 3. This Provision I. does not apply on any basis investigation or defense of the claim or to any person or organization for which cov- "suit", including actual loss of earnings up erage as an additional insured specifically is to $500 a day because of time off from added by another endorsement to this Cover- work. age Part. I. ADDITIONAL INSURED — OWNER, MANAGER J. ADDITIONAL INSURED—LESSOR OF LEASED OR LESSOR OF PREMISES EQUIPMENT 1. The following is added to SECTION II—WHO 1. The following is added to SECTION II—WHO IS AN INSURED: IS AN INSURED: Any person or organization that you have Any person or organization that you have agreed in a "written contract requiring insur- agreed in a "written contract requiring insur- ance" to include as an additional insured on ance" to include as an additional insured on this Coverage Part is an insured, but: this Coverage Part is an insured, but: a. Only with respect to liability for"bodily in- a. Only with respect to liability for"bodily in- jury"or"property damage"that occurs, or jury"or"property damage" that occurs, or "personal injury" caused by an offense "personal injury" caused by an offense committed, after you have entered into committed, after you have entered into that"written contract requiring insurance"; that"written contract requiring insurance"; and and b. Only if the "bodily injury", "property dam- b. Only if the "bodily injury", "property dam- age" or "personal injury" is caused, in whole or in part, by acts or omissions of age" or "personal injury" is caused, in whole or in part, by acts or omissions of you or any person or organization per- you or any person or organization per- forming operations on your behalf, and forming operations on your behalf, in the arises out of the ownership, maintenance maintenance, operation or use of equip- or use of that part of any premises leased ment leased to you by such additional in- to you under that"written contract requir- sured. ing insurance". 2. The insurance provided to such additional in- 2. The insurance provided to such additional in- sured under this Provision J. is subject to the sured under this Provision I. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to such additional insured shall be the limits additional insured shall be the limits which you agreed to provide in the "writ- which you agreed to provide in the "writ- ten contract requiring insurance", or the ten contract requiring insurance", or the ten contract requiring insurance", or the limits shown in the Declarations for this limits shown in the Declarations for this Coverage Coverage Part,whichever are less;and overage Part,whichever are less; and b. The insurance afforded to such additional b. The insurance afforded to such additional insured does not apply: insured does not apply to: (1) Any "bodily injury" or "property dam- (1) To any "bodily injury" or "property in- age" that occurs, or "personal injury" damage"that occurs, or"personal in- caused by an offense committed, af- jury" caused by an offense commit- caused you cease to be a tenant in that pine after the equipment lease ex- ter or premises; (2) Any structural alterations, new con- (2) If the equipment is leased with an operator. struction or demolition operations Page 4 of 8 ©2008 The Travelers Companies,Inc. CG D4 15 05 08(Rev. 10-08) COMMERCIAL GENERAL LIABILITY 3. This Provision J. does not apply on any basis riod, whichever is earlier. Any such newly ac- to any person or organization for which cov- quired or formed organization that you report erage as an additional insured specifically is in writing to us within 180 days after you ac- added by another endorsement to this Cover- quire or form the organization will be covered age Part. under this provision until the end of the policy K. ADDITIONAL INSURED — STATE OR POLITI- period, even if there are more than 180 days CAL SUBDIVISIONS—PERMITS RELATING TO remaining until the end of the policy period. PREMISES N. INJURY TO CO-EMPLOYEES AND CO.The following is added to SECTION II—WHO IS VOLUNTEER WORKERS AN INSURED: The following is added to SECTION II—WHO IS Any state or political subdivision that has issued a AN INSURED: permit in connection with premises owned or oc- 1. Your "employees" are insureds with respect cupied by, or rented or loaned to, you, is an in- to "bodily injury" to a co"employee" in the sured, but only with respect to "bodily injury", course of the co-"employee's"employment by "property damage", "personal injury" or "advertis- you, or to your"volunteer workers" while per- ing injury" arising out of the existence, ownership, forming duties related to the conduct of your use, maintenance, repair, construction, erection business, provided that this coverage for your or removal of advertising signs, awnings, cano- "employees" does not apply to acts outside pies, cellar entrances, coal holes, driveways, the scope of their employment by you or while manholes, marquees, hoist away openings, side- performing duties unrelated to the conduct of walk vaults, elevators, street banners or decora- your business. tions for which that state or political subdivision 2. Your "volunteer workers" are insureds with has issued such permit. respect to "bodily injury" to a co-"volunteer L. ADDITIONAL INSURED — STATE OR POLITI- worker"while performing duties related to the CAL SUBDIVISIONS—PERMITS RELATING TO conduct of your business, or to your"employ- OPERATIONS ees" in the course of the "employee's" em- The following is added to SECTION II—WHO IS ployment by you, provided that this coverage AN INSURED: for your "volunteer workers" does not apply while performing duties unrelated to the con- Any state or political subdivision that has issued a duct of your business. permit is an insured, but only with respect to"bod- ily injury", "property damage", "personal injury" or 3. Subparagraphs 2.a.(1)(a), (b) and (c) and "advertising injury" arising out of operations per- 3.a. of SECTION II —WHO IS AN INSURED formed by you or on your behalf for which that do not apply to "bodily injury"for which insur- state or political subdivision has issued such ance is provided by paragraph 1.or 2.above. permit. However, no such state or political subdi- O. MEDICAL PAYMENTS LIMIT vision is an insured for: The following replaces paragraph 7. of SECTION 1. "Bodily injury", "property damage", "personal III—LIMITS OF INSURANCE: injury" or"advertising injury" arising out of op- Subject to 5. above, the Medical Expense Limit is erations performed for that state or political the most we will pay under Coverage C for all subdivision; or medical expenses because of"bodily injury" sus- 2. "Bodily injury" or "property damage" included tained by any one person, and will be the higher within the "products — completed operations of: hazard". a. $10,000; or M. WHO IS AN INSURED — NEWLY ACQUIRED b. The amount shown on the Declarations OR FORMED ORGANIZATIONS for Medical Expense Limit. The following replaces Paragraph 4.a. of SEC- P. KNOWLEDGE AND NOTICE OF OCCUR- TION II—WHO IS AN INSURED: RENCE OR OFFENSE a. Coverage under this provision is afforded only The following is added to Paragraph 2. Dulles In until the 180th day after you acquire or form The Event of Occurrence, Offense, Claim Or the organization or the end of the policy pe- CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies,Inc. Page 5 of 8 COMMERCIAL GENERAL LIABILITY Suit of SECTION IV—COMMERCIAL GENERAL ance" by the method described in c. LIABILITY CONDITIONS: below. Notice of an "occurrence" or of an offense which b. Excess Insurance may result in a claim must be given as soon as This insurance is excess over any of practicable after knowledge of the"occurrence"or the "other insurance", whether pri- offense has been reported to you, one of your mary, excess, contingent or on any "executive officers" (if you are a corporation), one other basis: of your partners who is an individual (if you are a (1) That is Fire, Extended Coverage, partnership), one of your managers (if you are a Builder's Risk, Installation Risk, limited liability company), one of your trustees or similar coverage for "your who is an individual (if you are a trust), or an work"; "employee" (such as an insurance, loss control or (2) That is Fire insurance for prem- risk manager or administrator) designated by you ises rented to you or temporarily to give such notice. occupied by you with permission Knowledge by any other"employee"of an "occur- of the owner; rence" or offense does not imply that you also (3) That is insurance purchased by have such knowledge. you to cover your liability as a Notice of an "occurrence" or of an offense which tenant for "property damage" to may result in a claim will be deemed to be given premises rented to you or tempo- as soon as practicable to us if it is given in good rarily occupied by you with per- faith as soon as practicable to your workers' com- mission of the owner;or pensation, accident, or health insurer. This ap- (4) If the loss arises out of the main- plies only if you subsequently give notice of the tenance or use of aircraft, "occurrence" or offense to us as soon as practi- "autos", or watercraft to the ex- cable after you, one of your"executive officers" (if tent not subject to Exclusion g. of you are a corporation), one of your partners who Section I — Coverage A— Bodily is an individual (if you are a partnership), one of Injury And Property Damage Li- your managers (if you are a limited liability com- ability; or pany), one of your trustees who is an individual(if (5) That is available to the insured you are a trust), or an "employee" (such as an in- when the insured is an additional surance, loss control or risk manager or adminis- insured under any other policy, trator) designated by you to give such notice dis- including any umbrella or excess covers that the "occurrence" or offense may in- policy. voNe this policy. When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A or B to defend the insured against 1. The following replaces Paragraph 4., Other any"suit" if any provider of "other in- Insurance of SECTION IV — COMMERCIAL surance" has a duty to defend the in- GENERAL LIABILITY CONDITIONS: sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, If valid and collectible"other insurance" is we will undertake to do so, but we will available to the insured for a loss we be entitled to the insured's rights cover under Coverages A or B of this against all those providers of "other Coverage Part, our obligations are limited insurance". as follows: When this insurance is excess over a. Primary Insurance "other insurance", we will pay only our share of the amount of the loss, if This insurance is primary except when b. below applies. If this insur- any,that exceeds the sum of: ance is primary, our obligations are (1) The total amount that all such not affected unless any of the "other "other insurance" would pay for insurance" is also primary. Then, we the loss in the absence of this in will share with all that "other insur- surance; and Page 6 of 8 ©2008 The Travelers Companies,Inc. CG D4 15 05 08(Rev.10-08) COMMERCIAL GENERAL LIABILITY (2) The total of all deductible and Insurance shown on the Declarations of self-insured amounts under that this Coverage Part. "other insurance". R. UNINTENTIONAL OMISSION We will share the remaining loss, if 1. The following is added to Paragraph 6. Rep- any,with any"other insurance" that is resentatlons of SECTION IV — COMMER- not described in this Excess Insur- CIAL GENERAL LIABILITY CONDITIONS: ance provision. c. Method Of Sharing The unintentional omission of, or uninten- tional error in, any information provided by If all of the "other insurance" permits you which we relied upon in issuing this policy contribution by equal shares, we will shall not prejudice your rights under this in- follow this method also. Under this surance. approach each provider of insurance contributes equal amounts until it has 2. This Provision R. does not affect our right to paid its applicable limit of insurance collect additional premium or to exercise our or none of the loss remains, which- right of cancellation or nonrenewal in accor- ever comes first dance with applicable insurance laws or regu- If any of the "other insurance" does lations. not permit contribution by equal S. WAIVER OF TRANSFER OF RIGHTS OF RE- shares, we will contribute by limits. COVERY AGAINST OTHERS TO US WHEN Under this method, the share of each REQUIRED BY CONTRACT provider of insurance is based on the The following is added to Paragraph 8. Transfer ratio of its applicable limit of insur- of Rights of Recovery Against Others to Us of ance to the total applicable limits of SECTION IV — COMMERCIAL GENERAL LI- insurance of all providers of insur- ABILITY CONDITIONS: ance. 2. The following definition is added to SECTION We waive any rights of recovery we may have V—DEFINITIONS: against any person or organization because of payments we make for "bodily injury", "property "Other insurance": damage", "personal injury" or "advertising injury" a. Means insurance, or the funding of arising out of: losses, that is provided by, through or on 1. Premises owned by you, temporarily occu- behalf of: pied by you with permission of the owner, or (1) Another insurance company; leased or rented to you; (2) Us or any of our affiliated insurance 2. Ongoing operations performed by you, or on companies, except when the Non your behalf, under a contract or agreement cumulation of Each Occurrence Limit with that person or organization; section of Paragraph 5.of LIMITS OF INSURANCE (Section III) or the Non 3. "Your work";or cumulation of Personal and Advertis- 4. "Your products". ing Injury limit sections of Paragraph We waive these rights only where you have 4. of LIMITS OF INSURANCE (Sec- agreed to do so as part of a "written contract re- tion III)applies; quiring insurance"entered into by you before, and (3) Any risk retention group; in effect when, the "bodily injury" or "property (4) Any self-insurance method or pro- damage" occurs, or the "personal injury" offense gram, other than any funded by you or"advertising injury"offense is committed. and over which this Coverage Part T. AMENDED BODILY INJURY DEFINITION applies; or (5) Any similar risk transfer or risk man- The following replaces the definition of "bodily injury" in the DEFINITIONS Section: agement method. b. Does not include umbrella insurance, or "Bodily injury" means bodily injury, mental an- excess insurance, that you bought spe- guish, mental injury, shock, fright, disability, hu- cifcally to apply in excess of the Limits of miliation, sickness or disease sustained by a per- CG D4 15 05 08(Rev.10-08) ©2008 The Travelers Companies,Inc. Page 7 of 8 COMMERCIAL GENERAL LIABILITY son, including death resulting from any of these at 'Written contract requiring insurance" means that any time. part of any written contract or written agreement U. AMENDED INSURED CONTRACT DEFINITION under which you are required to include a person —RAILROAD EASEMENT or organization as an additional insured on this Coverage Part, provided that the "bodily injury" 1. Subparagraph c. of the definition of "insured and "property damage" occurs, and the "personal contract" in the DEFINITIONS Section is re- injury" is caused by an offense committed: placed by the following: c. Any easement or license agreement; a. After the signing and execution of the contract or agreement by you; 2. Subparagraph f.(1) of the definition of "in- b. While that part of the contract or agreement is sured contract" in the DEFINITIONS Section in effect and is deleted. V. ADDITIONAL DEFINITION — WRITTEN CON- c. Before the end of the policy period. TRACT REQUIRING INSURANCE The following definition is added to the DEFINI- TIONS Section: Page 8 of 8 ©2008 The Travelers Companies,Inc. CG D4 15 05 08(Rev.10-08) Insured: Albert A. Webb Associates Policy # BA5456P92916CAG Policy Term: 02101/2016 to 02/01/2017 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part 5. Other Insurance,this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily injury" or "property damage" this insurance applies and only to the extent that occurs and that is in effect during the policy pe- person or organization qualifies as an "insured" rind, requires this insurance to be primary and under the Who Is An Insured provision contained in SECTION II. non-contributory. CA T4 74 4215 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. Insured: Albert A. Webb Associates Policy # BA5456P92916CAG Policy Term: 02/01/2016 to 02/01/2017 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured,of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II—COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow, and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (I) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1.,Who Is us advised of all proceedings and ac- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: (II) Neither you nor any other involved Any"employee"of yours is an "insured"while us- "insured" will make any settlement ing a covered"auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. (III)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage"to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE—INDEMNITY BASIS "suit", but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducts- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident". (c) A member (if you are a limited liability corn- !. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any"employee"authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a coy- Of Rights Of Recovery Against Others To Us, ered"auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent will pay up to $400 for "loss" to wearing a - tent required of you by a written contract P Y P g P signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the"accident" or"loss" (1) Owned by an"insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 090378( A)— POLICY NUMBER: UB4A46491715 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyore 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 1 %of the California workers'compensation pre- mium. schedule Person or Organization Job Description Any person or organization for whom the Named Insured has agreed by written contract 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.) Endorsement Effective 9/1/2015 Potcy t o. UB4A46491715 Endorsement No. insured .rem um Albert A.Webb Associates Insurance Company Countersigned _1 1..�� y Travelers Property Casualty Co of A � fiZ,17-1.1t14 � America DATE OF ISSUE: 08/28/2015 ST ASSIGN: Page 1 of 1