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Agreement - Pacific Architecture and Engineering, Inc.2018-02-16AGREEMENT FOR CONSULTANT SERVICES ADA DOOR CONVERSION This Agreement ("AGREEMENT") is made and effective as of February 5, 2018, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and Pacific Architecture and Engineering, Inc., a corporation ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, the DISTRICT desires to engage a professional to provide Architectural and Engineering design services to convert a Non -ADA door to an ADA door at the entrance of District Headquarters; and WHEREAS, CONSULTANT has represented that it is knowledgeable about the building and other codes pertaining to access for the disabled and will design and build a door in compliance with those laws. TERM This AGREEMENT shall commence on February 5, 2018, and shall remain and continue in effect until all tasks described herein are completed but in no event later than March 1, 2018, unless sooner terminated or extended pursuant to the provisions of this AGREEMENT. 2. SERVICES CONSULTANT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CONSULTANT shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. CONSULTANT shall always faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT. CONSULTANT shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONSULTANT's work product before accepting the same. CONSULTANT shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. PSA 30U 12 10 4. COMPENSATION DISTRICT agrees to pay CONSULTANT in accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. However, unless expressly agreed in a written change order in advance by DISTRICT, this amount shall not exceed Four Thousand Nine Hundred Ninety Eight Dollars and Seventy Six Cents ($4,998.76) ("TOTAL CONTRACT SUM") for the total term of this AGREEMENT. The written change order requirement cannot be waived. Failure to submit a written change order and receive written approval by the DISTRICT prior to performing extra work shall constitute a waiver of a claim for additional time or compensation. Invoices shall be submitted to DISTRICT monthly as performance of the services progresses. DISTRICT shall review and pay the approved charges on such invoices in a timely manner. 5. PREVAILING WAGES Notice is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a "public work" as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under this AGREEMENT constitutes "public work," then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which require payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 at seq.), and shall comply with the following: (a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRL/PWD/index.htm. CONSULTANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773.1 of the Labor Code. (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him/her/it about the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT'S AND ANY SUBCONSULTANT'S PAYROLL RECORDS SHALL BE SUBMITTED TO DISTRICT ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT'S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply after receipt of a written notice requesting the records enumerated in Section 1776, subdivision (a), of the Labor Code. If CONSULTANT or subconsultant fails to comply within the ten (10) day period, he/she/it shall, as a penalty to DISTRICT, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is 2 PSA 30U 12 10 effectuated. DISTRICT may deduct this penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. (c) Penalty. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to DISTRICT, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. DISTRICT may deduct the penalty from any monies due or that may become due CONSULTANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSULTANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California. (d) Apprentices. If applicable, the provisions of Labor Code Section 1777.5 requiring the use of apprentices in certain ratios to journeymen are hereby imposed upon CONSULTANT. (e) Legal Day's Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day's work, and CONSULTANT shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSULTANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.), of the Labor Code of the State of California, and it is agreed that CONSULTANT shall forfeit to DISTRICT as a penalty the sum of Twenty -Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSULTANT or any subconsultant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. DISTRICT may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT. 6. INSURANCE CONSULTANT shall, at its expense, procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONSULTANT, its agents, representatives, employees, or subcontractors. CONSULTANT shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONSULTANT is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONSULTANT shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law (Labor Code § 1861). CONSULTANT shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions, and for a term acceptable to the DISTRICT. 3 PSA 30U 12 10 At a minimum, CONSULTANT is required to submit proof of insurance in accordance with the following standards: Minimum Scope of Insurance: Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance: CONSULTANT shall maintain limits of no less than: (a) General Liability. One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. (b) Automobile Liability. One Million Dollars ($1,000,000.00) combined single limit for each accident for any owned, hired, non -owned or rented vehicles. (c) Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Insurance Endorsements: The insurance policies shall contain the following provisions, and a separate endorsement stating to add the following provisions to the insurance policies shall be submitted and approved by DISTRICT: (a) General Liability. The general liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary and noncontributory insurance as respects DISTRICT, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONSULTANT's scheduled underlying coverage. Any insurance or self-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of the CONSULTANT's insurance and shall not be called upon to contribute with it in any way. (b) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against DISTRICT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the CONSULTANT. (c) All Coverage. Each insurance policy required by this AGREEMENT shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced, or 4 PSA 30U 12 10 canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT, and (2) any failure to comply with reporting or other provisions of the policies, including breaches or warranties, shall not affect coverage provided to DISTRICT, its directors, official, officers, employees, agents, and volunteers. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A -:VIII, licensed to do business in California, and satisfactory to DISTRICT. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. 7. INDEMNIFICATION (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONSULTANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents ("INDEMNIFIED PARTIES") from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent the same are caused in whole or in part by any negligent or wrongful act, error, or omission of CONSULTANT, its officers, agents, employees, or subconsultants (or any entity or individual that CONSULTANT shall bear the legal liability thereof) in the performance of professional services under this AGREEMENT. With respect to the design of public improvements, CONSULTANT shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. (b) Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless DISTRICT, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONSULTANT or by any individual or entity for which CONSULTANT is legally liable, including but not limited to officers, agents, employees, or subconsultants of CONSULTANT. (c) General Indemnification Provisions. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each subconsultant or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this AGREEMENT. In the event CONSULTANT fails to obtain such indemnity obligations from others as required here, CONSULTANT agrees to be fully responsible according to the terms of this section. Failure of DISTRICT to monitor compliance with these requirements imposes no 5 PSA 30U 1210 additional obligations on DISTRICT and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend DISTRICT as set forth here is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. (d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of DISTRICT under any provision of this AGREEMENT, CONSULTANT shall not be required to indemnify and hold harmless DISTRICT for liability attributable to the active negligence of DISTRICT, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where DISTRICT is shown to have been actively negligent and where DISTRICT's active negligence accounts for only a percentage of the liability involved, the obligation of CONSULTANT will be for that entire portion or percentage of liability not attributable to the active negligence of DISTRICT. 8. TERMINATION DISTRICT may terminate this AGREEMENT at any time with or without cause. If DISTRICT terminates this AGREEMENT without cause before completion of all tasks described in Exhibit A, CONSULTANT shall be entitled to be paid for services adequately completed prior to the notification of termination. CONSULTANT may terminate this AGREEMENT for cause only. 9. GOVERNING LAW DISTRICT and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place in Orange County Superior Court or Central District of California Federal District Court. 10. ENTIRE AGREEMENT This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 11. OWNERSHIP OF DOCUMENTS (a) CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing 6 PSA 30U 12 10 results, and other such information including as -built records as required by DISTRICT that relate to the performance of services under this AGREEMENT. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of DISTRICT or its designees at reasonable times to such books and records; shall give DISTRICT the right to examine and audit said books and records; shall permit DISTRICT to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer's estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of DISTRICT and may be used, reused, or otherwise disposed of by DISTRICT without the permission of CONSULTANT. With respect to computer files, CONSULTANT shall make available to DISTRICT, at CONSULTANT's office and upon reasonable written request by DISTRICT, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. 12. ASSIGNMENT CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without the prior written consent of DISTRICT. 13. INDEPENDENT CONTRACTOR (a) CONSULTANT is and shall at all times remain as to the DISTRICT a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees, or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the DISTRICT. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatsoever against DISTRICT, or bind DISTRICT in any manner. (b) No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In addition to the indemnification provisions of Section 7, CONSULTANT shall indemnify, defend, and hold DISTRICT harmless from claims or liability arising from CONSULTANT's employees for DISTRICT benefits including, but not limited to, pension, health benefits, holiday, vacations, etc. PSA 30U 12 10 14. RELEASE OF INFORMATION /CONFLICTS OF INTEREST (a) All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without DISTRICT's prior written authorization. CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the District Manager or unless requested by District General Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the DISTRICT. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives DISTRICT notice of such court order or subpoena. (b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within the DISTRICT. DISTRICT retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with DISTRICT and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, DISTRICT's right to review any such response does not imply or mean the right by DISTRICT to control, direct, or rewrite said response. 15. SAFETY DATA SHEET CONSULTANT shall provide the DISTRICT with a copy of each Safety Data Sheet (SDS) for those chemical substances that may be used on DISTRICT property and/or may pose a hazard to DISTRICT employees. 16. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the performance of his/her/its obligations hereunder. H H H H // 8 PSA 30U 12 10 DISTRICT Approved by: General Manager Form: Harper & Bums LLP District Counsel 9 PSA 30U 12 10 CONSULTANT Reviewed and Accepted by: a ure Jun Fujita Hall Name President Title 2/14/18 Date EXHIBIT A PACIFIC ARCHITECTURE AND ENGINEERING, INC. 2447 PACIFIC COAST HIGHWAY, SECOND FLOOR, HERMOSA BEACH, CA 50254 (3 1 M405-31978 WWW.PACIFIC-AE.COM INFO@PACIFC-AE.COM January 24, 2018 Project Proposal: Proposal for Costa Mesa ADA Door In response to your request, Pacific Architecture and Engineering, Inc., is pleased to submit this proposal for Architecture and Engineering Services to convert a Non -ADA Door to a ADA door. Scope of work is based on time and materials based on hourly rates. Scope of Work The team will discuss with client the design of the door as there are multiple ways to create an ADA compliant door at this location. This proposal assumes two doors with a glass panel in between to create the strike side clearance. Construction Documents shall include: 1. Demolition Drawings 2. Elevation of new door 3. Material and color of door 4. Specifications for new door Fee: Convert ADA Door Time and Materials Site Investigation $2,656.00 Construction Documents $2,342.76 TOTAL $4,998.76 Site Investigation Contract Rates Hours Total Project Manager $171.00 8 $1,368.00 Senior Project Manager $190.00 0 $0.00 Senior Construction Manager $185.00 0 $0.00 Engineer III $161.00 8 $1,288.00 Engineer II $145.00 1 0 $0.00 Engineer) $125.00 0 $0.00 Sr Engineer II $186.72 0 $0.00 Document Controls $100.00 0 $0.00 Drafter $65.00 0 $0.00 Admin $55.00 0 $0.00 Specialist I $190.00 0 $0.00 Specialist II $219.87 0 $0.00 Total $161.00 $2,656.00 Construction Documents Contract Rates Hours Total Project Manager $171.00 6.3 $1,077.30 Senior Project Manager $190.00 0 $0.00 Senior Construction Manager $185.00 0 $0.00 Engineer III $161.00 7.86 $1,265.46 Engineer 11 $145.00 0 $0.00 Engineer $125.00 0 $0.00 Sr Engineer II $186.72 0 $0.00 Document Controls $100.00 0 $0.00 Drafter $65.00 0 $0.00 Admin $55.00 0 $0.00 Specialist 1 $190.00 0 $0.00 Specialist II 1$219.87 0 $0.00 Total $2,342.76 The work does not include cost estimate but may be provided upon request for an additional fee. Work includes one design only. Any work beyond the hours estimated shall be an additional cost. Structural, Mechanical, Electrical and Civil work not included in estimate. There is no meeting time included. Thank you for this opportunity and please let me know if you need any further information. Sincerely, Digitally signed by ).a Nina Hall DN: cn=lun Fujda Hall, o=Pacific Architecture and Engineenng, Inc, dr"'+• / !Y W ou, email=junfpacific-aemm, c=us Date: 2018,01.2419:46A3 418'00 Jun Fujita Hall, ASA, LEED AP BD & C Principal Project Manager, Pacific Architecture and Engineering, Inc. 310-405-3878 jun@pacific-ae.com .4C CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 02/09/18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER RENE WILLIAMS AGENCY 22837 Pacific Coast Hwy Ste D Malibu, CA 90265-5841 OE57763 CONTACT NAME PHONE (310)317-4434 FAX .(310)317-4436 E-MAIL rw1 iams armersagent.com NSURERS AFFORDING COVERAGE NAICp .LLOYDS OF LONDON INSURANCE INSURED Pacific Architecture & Engineering 25307 Malibu Road Malibu, CA 90265 INSURERS. FARMERS INSURANCE EXCHANGE INSURER Q INSURERD. X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �% OCCUR COVERAGES CERTIFICATE NUMBERS RFVIRION NIIMRFR 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 CLAIMSINSt. LTR TYPEOF INSURANCE ACCORDANCE WITH THE POLICY PROVISIONS. 290 Paularino Avenue POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �% OCCUR $ 2 OOO OOO $ 250,000 MHRERENCE erson $ 5 000 DVINJURV $ 2 000 000 A Y PSF02222273 11/19/17 1/19/18one GEN'L AGGREGATE LIMIT APPLIES PER: ❑ PRO- ❑LOC GREGATE $ 4,000,000POLICY OMPIOP AGG 9 2 000 000JECTOTHER $ AUTOMOBILE LIABILITY NGLE L I MIT $ OWNEDANYAUO SCHEDULED AUTOS ONLY AUTOS YHIRED PSF02222273 11/19/17 1/18/18 Y (Perperson) $OWNS° Y(Per accident) $A NON -OWNED X AUTOS ONLY X AUTOS ONLY AMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESSI CLAIMS -MADE DED I I RETENTIONS WORKERS COMPENSATION OTH- AT I IT B AND EMPLOYERS' LIABILITY ANY PROPRIELORIPARTNEft/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y NIA B09478870 04/07/1704/07/18 E.L. EACH ACCIDENT s 1/000,000 E.L. DISEASE - EA EMPLOYEE / (Mandatory in NH) scribe under Hys'4RePT 1,000,000 CLAIMS MADE $1,000,000 A professional PSF02222273 11/19/1711/19/18 liability DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (ACO RD 101, Additional Remarks Schedule, may ta attached if more space is required) CERTICATE HOLDER NAMED AS ADDITIONAL INSURED UNDER POLICY PSF02222273. SHOULD ANY OF DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. IN THE EVENT OF NON-PAYMENT OF PREMIUM, 10 DAYS NOTICE. LLOYDS OF LONDON INSURANCE IS AM BEST RATED A XV. r.FRTIFIr.ATF Hni,IFR r AMr P1 I A-Fi ll.l Costa Mesa Sanitary District ITS OFFICERS , EMPLOYEES , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE VOLUNTEERS AND AGENTS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 290 Paularino Avenue Costa Mesa, CA 92626 AUTHORIZED REPRESENTATIVE 9' © 1988-2015 ACORD CORPORATION. All rigl{s reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ATTACHING TO POLICY Au�thorriizp�eeddfSignatory NUMBER: PSG03413388 THE INSURED: Pacific Architecture & Engineering WITH EFFECT FROM: 19 Nov 2017 It is understood and agreed that the following amendments are made to this Policy: 1. The following DEFINITION is added: "Additional insured" means: The Costa Mesa Sanitary District, its elected and appointed officials, agents, officers, volunteers and employees (Effective From: 15 Feb 2018) 290 Paularino Ave Costa Mesa, CA 92626 US 2. Where an "Additional insureds" CONDITION exists in this Policy, additional insureds are included as a third party. 3. Where an "Additional insureds" CONDITION does not exist in this Policy, the following CONDITION is added: Additional Insureds Additional insureds are indemnified under this Policy as if they were you, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of any claim arising solely out of an act, error or omission committed by you or on your behalf, provided that had the claim been made against you, then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured, they must prove to us that the claim arose solely out of an act, error or omission committed by you or on your behalf and fully comply with CONDITION 1 as if they were you. When this CONDITION applies, it will be primary and non-contributory to the additional insured's own insurance but only if you and the additional insured have entered into a contract that contains a provision requiring this. Whilst additional insureds are indemnified under this Policy, any claim made by additional insureds against you will be treated by us as if they were a third parry and not as a named insured. 4. The following CONDITION is added: Notice of cancellation to additional insureds If we give you notice of cancellation in accordance with the "Cancellation" CONDITION, we will endeavour to provide the same notice of cancellation to additional insureds; however, not doing so will not place any additional liability upon us. SUBJECT OTHERWISE TO THE TERMS AND CONDITIONS OF THE POLICY Authorized SSignnaattoory Au�thorriizp�eeddfSignatory CFC Underwriting Ltd CFC Underwriting Ltd Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIL Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service GRAEME ORCHARD 19200 VON KARMAN AVENUE SUITE 870 IRVINE CA Reference Information LLOYDS, NEW YORK 125 MAIDEN LN STH FL NEW YORK, NY 10038 Effective Date NAIC #: 11 California Company ID #: 1470-4 Date Authorized in California: 02/11/1955 License Status: MERGED Company Type: Property & Casualty State of Domicile: NEW YORK back to top NAIC Group List NAIC Group #: 0000 Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE FIRE MARINE MISCELLANEOUS back to top © 2008 California Department of Insurance Page 1 of 1 https://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 2/16/2018 Lloyd's - Company Profile - Best's Credit Rating Center A.M. Best Rating Services Lloyd's A.M. Best #: 085202 AIN #: AA1122000 Domiciliary Address One Lime Street London EC3M 7HA, United Kingdom Web: www.11oyds.com Phone: 44-207-327-1000 Fax: 44-207-327-5211 Pagel of 3 Financial Strength Rating t REST A IkaWtont Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 085202 - Lloyd's is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings- atingsFinancial FinancialStrength Rating View Definition a+ Rating: A (Excellent) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: July 20, 2017 Initial Rating Date: October 01, 1997 Long -Term Issuer Credit Rating View Definition Long -Term: a+ Outlook: Stable Action: Affirmed Effective Date: July 20, 2017 Initial Rating Date: August 12, 2004 u Denotes Under Review Best's Rating AMB Rating Unit Note: This data record represents an AMB Rating Unit and the following Best's Credit Ratings are based on the consolidated financials assigned to this record. AMB # Company Name Best's FSR Best's ICR 078649 Lloyd's Insurance Company (China) Ltd A a+ Best's Credit Rating Analyst Rating Issued by: A.M. Best Europe - Rating Services Ltd. Director -Analytics: Mathilde Jakobsen Senior Director -Analytics: Catherine Thomas Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form http://ratings.ambest. com/CompanyProfile.aspx?ambnum=85202&URatingld=25 88176&b... 2/16/2018 Farmers Insurance Exchange - Company Profile - Best's Credit Rating Center Page 1 of 3 A.M. Best Rating Services Farmers Insurance Exchange A.M. Best #: 002171 NAIC #: 21652 FEIN #: 952575893 a Mailing Address View Additional Address Information Fi amcial strargth Rating P.O. Box 4402 BEST Woodland Hills, CA 91365 A liliggillent United States Assigned to insurance companies that Outlook: have, in our opinion, an excellent ability Web: www.farmers.com to meet their ongoing insurance Phone: 323-932-3200 obligations. Fax: 323-930-4266 June 30, 1933 View additional news, reports and products for this company. Based on A.M. Best's analysis, 050457 - Zurich Insurance Group Ltd is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings a Financial Strength Rating View Definition Stable Rating: A (Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: February 14, 2018 Initial Rating Date: June 30, 1933 Long -Term Issuer Credit Rating View Definition Long -Term: a Outlook: Stable Action: Affirmed Effective Date: February 14, 2018 Initial Rating Date: November 23, 2004 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Issued by: A.M. Best Rating Services, Inc. Senior Financial Analyst: Edin Imsirovic Senior Director: Gregory T. Williams Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Guarantor(s) - also see the Rating Disclosure Form for the following companies, as they guarantee rated debt issues for this company. 058511 - Farmers Group Inc Press Release A.M. Best Affirms Credit Ratings of Members of Farmers Insurance Group February 14, 2018 http://ratings.ambest.comICompanyProfile.aspx?ambnum=2171 &URatingld=2588176&bl... 2/16/2018 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names Agent For Service DOREN HOHL 6301 OW ENSMOUTH AVENUE WOODLAND HILLS CA 91367 Reference Information FARMERSINSURANCEEXCHANGE 6301 OWENSMOUTH AVENUE WOODLAND HILLS, CA 91367 800-327-6377 Effective Date NAIC #: 21652 California Company ID #: 0937-3 Date Authorized in California: 04/06/1928 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 0069 FARMERS INS GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER Page 1 of 2 https:Hinteractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyP... 2/16/2018 Dyana Bojarski From: Dennis Timoney <DTimoney@sdrma.org> Sent: Friday, February 16, 2018 12:48 PM To: Dyana Bojarski Subject: Re: Additional Insured Endorsement Question It is acceptable Dennis Timoney, ARM SDRMA Chief Risk Officer 9167707695 Sent from my iPhone On Feb 16, 2018, at 12:34 PM, Dyana Bojarski <DBoiarski@crosdca.gov> wrote: Hi Dennis, I'm hoping you can give me some direction. We are contracting with an architect for a project here at the District. They provided me with the attached Insurance documents. It is not a typical Additional Insured Endorsement. Please advise as to if this is acceptable or if I need to request a standard ISO form. Thank you, Dyana Bojarski Management Analyst H Costa Mesa Sanitary District 290 Paularino Avenue Costa Mesa, CA 926z6 949.645.8400 ext. 226/714.540.1392 fax Website: www.crosdca.gov <PacificArchitecture&EngineeringAdditionalInsuredEndorsement.pdfl <PacificArchitectureandEngineeringAcord25.pdfl