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Contracts & Agreements_203-2015_CCv0001.pdf
AGREEMENT TO PERFORM PROFESSIONAL SERVICES This agreement for the provision of services associated with special tax services for community facilities districts. ("Agreement") is made and entered in this October 15, 2015 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City)" and Albert A Webb Associates ("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party" and, together, as the"Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE 1 —ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to provide special tax services for Community Facilities District No. 2004-1 for City's Municipal Utilities and Engineering Department (the "Services"). 1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services. ARTICLE 2 —SERVICES OF CONSULTANT 2.1 The Services that Consultant shall perform are more particularly described in Exhibit "A,"entitled"Scope of Services," which is attached hereto and incorporated herein by reference. 2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to State prevailing wage laws. ARTICLE 3 —RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that may assist Consultant in performing the Services. 3.2 City designates Chris Diggs, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions,receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4—PERFORMANCE OF SERVICES 4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "B,"entitled "Project Schedule," which is attached hereto and incorporated herein by reference. 1 4.2 If Consultant's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to the City, consistent with City Council adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City Staff. ARTICLE 5 —PAYMENTS TO CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed the amount Twenty Five Thousand Dollars ($25,000.00). City shall pay Consultant on a time and materials basis up to the not to exceed amount, in accordance with Exhibit"C" entitled"Project Costs and Hourly Rates."Exhibit"C"is attached hereto and incorporated herein by this reference. 5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant's invoices shall include a brief description of the Services performed,the dates the Services were performed,the number of hours spent and by whom, and a description of reimbursable expenses related to the project. City shall pay Consultant no later than thirty (30)days after receipt and approval by City of Consultant's invoice. 5.3 Any notice or other communication required, or which may be given,pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered(i) on the date of delivery in person; (ii) five(5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or(iv)on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,certified,registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: City Consultant Chris Diggs, Director Albert A. Webb Associates Municipal Utilities and Engineering Shane Spicer, Director of Municipal Finance City of Redlands 3788 McCray Street 35 Cajon Street, Suite 15A Riverside, CA 92506 PO. Box 3005 (mailing) Redlands, CA 92373 ARTICLE 6—INSURANCE AND INDEMNIFICATION 6.1 Insurance required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (3 0)days prior written notice to City. 2 6.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers' compensation laws of the State of California. Consultant shall provide City with Exhibit"D,"entitled "Workers' Compensation Insurance Certification,"which is attached hereto and incorporated herein by this reference prior to occupancy of the Premises. 6.3 Consultant shall secure and maintain comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars($2,000,000) aggregate for public liability,property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.4 Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000)per claim made. 6.5 Consultant shall have business auto liability coverage,with minimum limits of One Million Dollars ($1,000,000)per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant's provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. 6.6 Consultant shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services. ARTICLE 7—CONFLICTS OF INTEREST 7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services. Consultant further covenants and represents that in the performance of its duties hereunder,no person having any such interest shall perforin any Services under this Agreement. 7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant: A. Does not make a governmental decision whether to: 3 (i) approve a rate,rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize the City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity,participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City officially determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8—GENERAL CONSIDERATIONS 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall,in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees,including fees for the use of in-house counsel by a Party. 8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. 8.3 Records, drawings, designs, cost estimates, electronic data files, databases and any other documents developed by Consultant in connection with its performance of the Services, and any copyright interest in such documents, shall become the property of City and shall be delivered to City upon completion of the Services, or upon the request of City. Any reuse of such documents, and any use of incomplete documents, shall be at City's sole risk. 8.4 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor its agents shall have control over the conduct of Consultant or Consultant's employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of,or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity 4 whatsoever as an agent,nor shall Consultant have any authority, express or implied,to bind City to any obligation. 8.5 Unless earlier terminated as provided for below,this Agreement shall terminate upon completion and acceptance of the Services by City. This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made,but(1)no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five(5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable)of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination. 8.6 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant. 8.7 This Agreement, including the Exhibits incorporated herein by reference,represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant. 8.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.9 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. 5 IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement. CITY OF REDLANDS ALBERT A. WEBB ASSOCIATES Tina T. Kundig, Finance Director Pic erector of Municipal Fitra� Attest: i" Sam Irwin, C' Clerk 6 EXHIBIT "A" SCOPE OF SERVICES 1. ADMINISTRATION SERVICES Task 1.1 —Land Use Research: Consultant will use all resources available including the San Bernardino County equalized roll data, shape file data for our in-house GIS platform, and regular parcel data updates from the Assessor's Offices. Task 1.LA—Subdivision Research: Consultant will identify and obtains copies of all final tract or parcel maps recorded within the boundaries of the CFD. Consultant will verify this information with the additional resources available. Task 1.LB—Development Research: Consultant will conduct development research to identify building permit issuance, building square footage and sites address for the new buildings. Upon determination of this information, Consultant will provide City with related GIS Data to be used for its own GIS database. Task 1.LC—Assessor's Parcel Research: Consultant will review current Assessor's Parcel Maps for updating the APN's within the District. Task 1.1.C.1 —Levy Audit Maps: Consultant will generate annual Audit Maps and provides them to City depicting the current year's levied properties within the boundaries of the CFD through the implementation of Consultant's GIS platform in combination with our WebbSTAR. Task 1.LD—Database Management: Consultant will utilize its Special Tax and Assessment Resources (WebbSTAR) Software to maintain a comprehensive database of the District and Parcel information in a form such that the annual levy submission to San Bernardino County will follow the guidelines as outlined in the County's fixed charge submission packet. WebbSTAR will maintain all data related to individual parcels including special tax and assessment information, a regularly updated delinquency history(delinquent amounts for each parcel including penalties and interest, reference to those referred to foreclosure action, and paid prior year delinquency information), current property ownership information, assessed valuation information, and other relevant information. Task 1.2—Classification of Property: Consultant will determine the appropriate property classification in accordance to the Rate and Method of Apportionment. Consultant will review the land use code information from the latest equalized roll for San Bernardino County and updates the WebbSTAR database for the Special Tax calculations annually. Task 1.2.A—Exempt Property: Consultant will identify all property owned by public agencies or entities exempt from the special tax and classifies them in accordance to the Rate and Method of Apportionment. Consultant will communicate these classifications to City and reports them on our Annual Levy Detail reports. Consultant will confirm the 7 location of these properties using Consultant's GIS database and illustrate them on our Annual Audit Map. Task 1.23—Taxable Property: Consultant will identify all taxable properties and classify them in accordance with the Rate and Method of Apportionment. Consultant will communicate with City these classifications and report them on Consultant's Annual Levy Detail reports. Consultant will confirm the location of these properties using our GIS database and illustrate them on our Annual Audit Map. Task 1.3 —Financial Analysis: Consultant will apply the Rate and Method of Apportionment and calculate the annual Special Taxes to be levied for the current Fiscal Year. Consultant will report this information to City to assist in the budget review process. Task 1.3.A—Special Tax Requirement: Consultant will review the Special Tax Requirement as it is defined in the Rate and Method of Apportionment. Task 1.33—Special Tax Rates: With the use of WebbSTAR software, Consultant will calculate the Special Tax rates for all classifications and report this information to City prior to submittal to the San Bernardino County Auditor's-Controller's Office. Task 1.4—Report Preparation: Once finalized, Consultant will provide City with a hard copy and an electronic copy of the Annual Levy Report containing the information used to calculate the annual installment amount for each parcel, as well as a summary of the total annual levy for the CFD. Task 1.5 —Enrollment of Special Taxes: In consultation with City, Consultant will determine the Levy requirement for the current Fiscal Year on or before August 10. Consultant will calculate and prepare the annual levy for the CFD in a format and media acceptable for direct submission to the Auditor-Controller's Office prior to the statutory deadline, and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Task 1.6—Roll Changes and Adjusted Property Tax Bills: Upon determination that changes to the secured tax roll necessitate corrections/revisions after the deadline, Consultant will research, recalculate, and with City's approval, rectify the issue. Task 1.7 —Responses to Property Owner Questions: Consultant will serve as the initial and primary contact to the District property owners,title companies and other interested parties regarding the CFD proceedings and annual installments. A toll free telephone number, of City's designation,will appear on the regular property tax billing,next to the CFD, to facilitate contact with the public. Task 1.7.A—Toll Free Number: Consultant will provide a toll free phone number for the City to refer property owners, title companies and other interested parties to in regard to CFD proceedings and annual installments. Task 1.8 —Disclosure: Consultant will prepare for City approval any State and/or Federal Disclosure reporting requirements pertaining to the CFD, if applicable. 8 Task 1.8.A—Electronic Format: Consultant will provide an electronic and hard copies of each report, as well as a hard copy of each report,to City for internal use. 2. ANNEXATION SERVICES Task 2.1 —Annexation Boundary Map: Consultant will prepare the Annexation Boundary Map, illustrating the boundaries of territory proposed for inclusion in the district, capturing the entirety of any parcel subject to taxation by the district. The map shall meet the requirements of the Mello-Roos Act and the San Bernardino County Recorder's Office, Additionally, Consultant will record the map with the Recorder's Office. Task 2.LA—Statement of Engineer: Consultant will review and sign a Statement of Engineer, stating that a registered engineer supervised the preparation of the map of the boundaries, and verifying the acreage and owner information included in the annexation. Task 2.2—Gathering Information: Consultant will meet with City staff, legal counsel, consultants and project proponents to confirm the annexation schedule of events,procedural and financial considerations, establish the appropriate land use classifications, and discuss and identify the boundaries of the proposed annexation. Task 2.2.A—Data Collection: Consultant will obtain the latest assessor's parcel maps and equalized tax roll information from the San Bernardino County Assessor's Office for the parcels within the proposed Districts, and Geographic Information System(GIS) shape files for our in-house GIS platform for the annexation. Task 2.23—Maintenance Data: Consultant will coordinate with City in determining what the necessary levels of services that would be required for proper allocation per the Rate and Method of Apportionment for the annexation. Task 2.3 —Consulting Services: Consultant will provide consulting services and advice to City as necessary. This includes due diligence to ensure accuracy in the process, and provide clear written documentation in our approach to structuring the Rate and Method of Apportionment and the Special Tax roll. To assure and maintain quality assurance, Consultant has instituted an internal auditing and review policy that requires a minimum of two individuals with the appropriate expertise to review and audit any information prior to dissemination of that information to the client. Task 2.3.A—Meetings: Consultant will attend two meetings or hearings held for the purpose of disseminating information to the public, including attending property owner meetings requested for homeowner associations (HOA)that may request to annex into the CFD. Prior to such meetings or hearings, Consultant will be prepared to make a complete and factual presentation. Consultant will also attend two public meetings, as required by the appropriate improvement act(s), fully prepared to present necessary testimony and respond to public comments. 9 Task 2.4—Landowner Election: Consultant will prepare a list of the owner names and acreages and obtain a certificate from the Registrar of Voters whether confirming there are, or are not, registered voters within the boundaries of the annexation. Task 2.5 —Notice of Special Tax Lien: Consultant will provide a list of Assessor's Parcel for the Notice of Special Tax Lien and record the notices. If additional effort is required for a particular annexation outside of the standard scope of services,then Consultant will inform City of the status of the annexation and upon authorization will proceed with completing the annexation using the Mitigating Annexation Cost listed in Exhibit"C". 10 EXHIBIT "B" PROJECT SCHEDULE CFD No. 2004-1 Annual Administration Consultant shall prepare annual assessments for CFD 2004-1 within an appropriate timeframe to allow for the assessment to be approved by the City Council and appropriately transmitted to the County of San Bernardino Tax Assessor. Annexation Services Consultant shall perform annexation services on an as-needed basis. 11 EXHIBIT "C" PROJECT COSTS AND HOURLY RATES Proposed Not—to-Exceed Fee Schedule CFD No. 2004-1 Annual Administration $2,500 Plus $200 per annexation as they occur, after July 1, 2015 Annexation Services (per annex) $3,500 Mitigating Annexation Cost $1,500 Services will be billed at the hourly rates set forth in Attachment B of this Exhibit. For services performed related to the project which are not listed in the Scope of Services, compensation shall be at the hourly rates set forth in Attachment B, together with reimbursement, at cost, for incidental expenses incurred in connection with such services, together with reimbursement for outside services at cost plus 15%. 12 Attachment 8 FEE SCHEDULE RATES CLASSIFICATION $/HOUR Assessment/Special Tax ConsultantstLandscape Arch itects/Designers PrincipalN ........................................................................................................ .............................. 220.00 Principal|...................................................................................................................................... 200.00 SeniorIII..................................................................................................................................... 183.00 SeniorN........................................................................................................................................ 172.00 SeniorI....................................................................................................................................... 167.00 AssociateIII ................................................................. ............................................................... 158.00 Associate0........................................................................... ..................................................... 136.00 Associate| ..................................................................................................................................... 130.00 AssistantV.................... ---------.................................................................. ......................... -- 122.00 AssistantN................................................................................................................... ............... 107.00 AssistantIII .................................................................................................................................. 98.00 Assistant11..................................................................................................................................... 81.00 Assistant| ......................................................... .......................................................................... 66.00 Survey Services 3'mmmonSurvey Party................................................................................................................ 242.00 2-Person Survey Party.................................................................................................................. 212.00 l-PersonSurvey Party......................... ..................................................................................._' l50.00 Inspection Services InspectorN................................................. ................................................. .............................. 110.00 |nspecuor|...................................................................................................... ............................ 100.00 Inspection(Prevailing WhQe) .............................................................................................................. 11880 Administrative Services ProjectCoordinator............... --------- .......................................................................................... 8600 Administrative Assistant III ....................................................................................................... 74.00 AdministrativeAssistant N............................................. ................................... ....................... 64.00 Administrative Assistant| .......................................................................................................... 48.00 Other Direct Expenses IncidentalCharges................................................. .................................................................... [os Postageand Telephone.......................................... .................... .............. ............................... Cost In-house Prints,Copies,and Delivery.......................................................................................... [ms Travel and Subsistence............................... .............................................................. ................. Cost SpecialConsultant................................. ................................................................................................ 295.00/Hour GISLcvnseFee.................................... ........................................................................................ 39.00/Hnur Subcontracted Services—_—_—_—__------------'—_----'_--. [o, +2S% Vehicle......................................................................................................—_ 0.81/lIvINe Mileage...................................................................................... — ............................................ 0.72/MUe mOTE. All rates are subject to change b-3=a=annual inflation and cost of living adjustment, 'A F"VAfKE CHARGE If I -i'�,Mr"ncrt�uaei:Y,rearl wO t<added mOrly unpa'd"moun,=,.wrv.ng d�-y,*irr.=kce dore. x recharic'^herinuy b,fiL-dfarc%7t-.nv,%;cf rerrai,trg urpadafter mvtyumdG,,sircm irvaiomate SCH36p07/O1/20i21 13 EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. CHECK ONE VI am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. ALBERT A. WEBB ASSOCIATES By: Date: 1 is ctor of Municipal Finance 14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 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. State of California ) County of Riverside ) On September 17th, 2015 before me, Deborah C. May, Notary Public , Date Shane Spicer Here Insert Name and Title of the Officer personally appeared Name(r.rof Signer(, who proved to me on the basis of satisfactory evidence to be the person(4 whose name(,' is/ar-e-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/Wtbeir authorized capacity(i*,and that by his/her/llaetr signatures}on the instrument the persons, 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. DEBORAH C. MAY WITNESS my hand and official seal. COMM. #211716G :°�•� NOTARY PUBLIC CALIFORNIA m l + RIVERSIDE COUNTY Signature My Comm.Expires Iuiy 23.2019 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.Nationa]Notary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 Client#: 238031 ALBEWEBBI DATE(MMIDDfYYYY) ACORD. CERTIFICATE 4F LIABILITY INSURANCE 6/12/2015 THIS CERTIFICATE IS ISSUED ASA 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(les)must be endorsed.If SU BROGATION 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 CONTACTKristie Koehrer NAME: Hub International PHONE FAX 951-742-4723 AIC,No Ext): AIC No License#0757776 E-MAILADDRESs: kristie.koehrer@hubinternational.com Rive Latham St,Ste#101 INSURER SI AFFORDING COVERAGE NAIC# Riverside,CA 92501 INSURER A:Travelers Property Casualty Co 25674 INSURED Albert A.Webb Associates INSURERS:Ironshore Specialty Insurance 25445 3788 McCray St. INSURER C: INSURER D: Riverside,CA 92506 INSURER£ 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 19 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDDIYYW MWDD A GENERAL LIABILITY 6305456P929 2/0112015 02101/2016 EAACMH OCCURRENCE $11,000,000 p X COMMERCIAL GENERAL LIABILITY PREMISE ,d MCU llnca $100,000 CLAIMS-MADE �OCCUR MED EXP An one person) $5,000 PERSONAL&ADV INJURY $11,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPIOPAGG $2,000,000 17 POLICY PROT LOC $ A AuroMOBILELIABILrrY BA5456P929 2/01/2015 021011201 =D enDlSINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ IIIREDAUTOS AUTOS Per accident UMBRELLA LIASOCCUR EACH OCCURRENCE $ EXCESS L1AB HCLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ A WORKERS COMPENSATION PJUB4A46491714 9101/2014 091011201 X WORTH IT OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNEMEXECUTIVE Y IN E.L.EACH ACCIDENT $1,000,000 CFFICEWMEMBEREXCLUDED7 a NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS bebvr E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional 1 001753801 8/08/2014 0810812015 $1,000,000 Each Claim Liability $1,000,000 Aggregate $100,000 Deductible DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re:Community Facilities District No,2004-1 for City's Municipal Utilities and Engineering Department. City of Redlands is Additional Insured in regards to the General Liability policy per the attached endorsement form CGD415 05108;Primary/Non-Contributory wording applies. Additional Insured on the Auto Liability policy per the attached endorsement farm CAT442 04109; Primary/Non-Contributory wording applies. "Should the policies be cancelled before the expiration date, Hub (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Ci of Redlands SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Chris Diggs ACCORDANCE WITH THE POLICY PROVISIONS. Municipal Utilities and Engineering P.O. BOX 3005 AUTHORIZED REPRESENTATIVE Redlands,CA 92373 474� O 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S35489721M3327717 MB44 DESCRIPTIONS (G, pm Page 1) International insurance Services Inc,(Hub),Independent of any rights which may.be afforded within the policies to the certificate holder named Wow,will provide'to such certificate holder notice of such cancellation within thirty(30).days of the cancellation date,except in the eventthe.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)daysof the cancellation date." SAGITTA 25:3,(2010706) 2 of 2 #S35489721M3327717 Albert A. Webb Associates Policy # 6305456P929 Policy Term: 0210112015 to 02/0112016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS INDUSTRYEDGEs" 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 Cc-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 I. Additional Insured — Owner, Manager Or Contract 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: The person or organization named in Item 1. of B. INCIDENTAL MEDICAL MALPRACTICE the Declarations and any organization, other than 1. The following is added to the definition of"oe- 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 D415 05 08(Rev.io-os) ®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 III—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 1— 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- t. 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. 5. The following is added to Paragraph 4.b., Ex- 2. The following is added to SECTION 11—WHO lS AN INSURED: cess Insurance, of SECTION IV — COM- Any person who, with your expressed or im- MERCIAL GENERAL LIABILITY CONDI- 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 ightThe 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 In. 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 lease of premises that indemnifies any b. Explosion; 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 COV- to you, or temporarily occupied by you with m Paragraph 2. of SECTION I — COV- 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 1.11a. 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.90-oB) ©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 1. 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 11—WHO 1. The following is added to SECTION 11—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 age" or "personal injury" is caused, in whole or in part, by acts or omissions of whole or in part, by acts or omissions of you or any person or organization per- forming operations on your behalf, and You or any person or organization per- 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". t. 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 1. is subject to the following provisions: following provisions: a. The limits of insurance afforded to such a. The limits of insurance afforded to suchadditional 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 limits shown in the Declarations for this limits shown in the Declarations for this Coverage Part,whichever are less;and Coverage 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 age" that occurs, or "personal injury" damage that occurs, or personal in- caused by an offense committed, af- jurycaused by an offense commit- ted, after the equipment lease ex- ter you cease to be a tenant in that pins;or premises; (2) Any structural alterations, new con- (2) If the equipment is leased with an struction or demolition operations operator. Page 4 of 8 0 26©B The Travelers Companies,Inc. CG D415 05 08(Rev.10-oB) 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 11—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- s. "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. Duties 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 ante" 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 risk manager or administrator) designated by you {2) That Fire insurance for prem to give such notice. ises rented to you or temporarily 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 have such knowledge. (3) That is insurance purchased by 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. volve this policy. When this insurance is excess, we Q. OTHER INSURANCE CONDITION will have no duty under Coverages A 1. The following replaces Paragraph 4., Other or B to defend the insured against Insurance "suit" if any provider of"other in- Insurance of SECTION IV— COMMERCIAL surance" has a duty to defend the in- sured against that "suit". If no pro- s. 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 This insurance is primary except our share of the amount of the loss, if 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 0 2008 The Travelers Companies,Inc. CG D4 15 05 08(Rev.10.Oa) 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 resentations of SECTION 1V — 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 contribution by equal shares, we will You which we relied upon in issuing this policy 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 fallowing 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 3 "Your work";or INSURANCE (Section 111) or the Non 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 Ill)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 The following replaces the definition of "bodily (5) Any similar risk transfer or risk man- 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- cifically to apply in excess of the Limits of miliation, sickness or disease sustained by a per- CG D4 15 05 08(Rev.iom) 0 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 1. Subparagraph c. of the definition of "insured Coverage Part, provided that the "bodily injury"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: a. After the signing and execution of the contract c. Any easement or license agreement; 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 D.4 15 05 08(Rev.10.08) Albert A. Webb Associates COMMERCIAL AUTO Policy# BA5456P929 ISSUE DATE: 02/01/2015 Policy Term: 02/01/2015 to 02/01/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modi- fied by this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED TO DO SO IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS PROVISIONS A. The following is added to Paragraph c. in A. 1., B. The following is added to Paragraph 5., Other Who Is An Insured, of SECTION II-LIABILITY Insurance, in B. General Conditions of SEC- COVERAGE: TION IV—BUSINESS AUTO CONDITIONS: Any person or organization shown above who is Regardless of the provisions of paragraph a. and required under a written contract or agreement paragraph d. of this part 5. Other Insurance, if between you and that person or organization,that the scheduled person or organization shown is signed and executed by you before the "bodily above has other insurance under which it is the injury" or"property damage" occurs and that is in first named insured and that insurance also ap- effect during the policy period,to be named as an plies, then this insurance is primary to and non- additional insured is an"insured"for Liability Cov- contributory with that other insurance when the erage, but only for damages to which this incur- written contract or agreement between you and ance applies and only to the extent that person or that scheduled person or organization, that is organization qualifies as an "insured" under the signed and executed by you before the 'bodily in- Who Is An Insured provision contained in Section jury" or "property damage" occurs and that is in It. effect during the policy period, requires this insur- ance to be primary and non-contributory, CA T4 42 04©9 Cv12008 The Travelers Ccrnpanies,Inc. 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