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HomeMy WebLinkAbout2019 CON KTU&A - On-call Project Support Services CIP - Amendment #1FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU&A This First Amendment to the Agreement is entered into this 16th day of April, 2019 by and between the City of National City, a municipal corporation ("CITY"), and KTU&A, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's Capital Improvement Program (CIP); and WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the City Engineer made a determination that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY; and WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June 20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-133, wherein the CONSULTANT agreed to provide on -call project support services for National City's CIP, including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications; and WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, based on the CONSULTANT'S performance and quality of work, and to ensure timely completion of Capital Improvement Projects, the CITY desires to have the CONSULTANT continue providing on -call project support services for National City's CIP, and the CONSULTANT is willing to perform such services. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on June 20, 2017, as follows: 1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total Agreement amount of $1,250,000. 2. Extend the term of the Agreement to June 19, 2020. 3. The parties further agree that other than the foregoing amendment, each and every term and provision of the Agreement dated June 20, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF NA sl KTU&A 7.4te .ra% it; By: APPROVED AS TO FORM: orri -Jones ional City Attorney Mayor By gleton,opal Kurt Carlson, Principal ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cavignac & Associates 450 B Street, Suite 1800 San Diego CA 92101 INSURED KTU & A 3916 NORMAL ST San Diego, CA 92103 KTU&APL-C1 CONTACT NAME: Certificate Department PHONE (A/C. No. Ext): 619-744-0574 E-MAIL ADDRESS: certificates@cavignac.com INSURER(S) AFFORDING COVERAGE FAX No): 619-234-8601 INSURER A : Travelers Property & Casualty Company of America INSURER B: Berkley Insurance Company INSURER C : Travelers Indemnity Co of Conn INSURER D : Property & Casualty Ins. Co. of Hartford INSURER E : NAIC 25674 32603 25682 34690 INSURER F : COVERAGES CERTIFICATE NUMBER: 1013254212 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 6801H979452 9/1/2018 9/1/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 X Cross Liab MED EXP (Any one person) $ 10,000 X Contractual Liab PERSONAL & ADV INJURY $1,000,000 GEM. X AGGREGATE POLICY OTHER: X LIMIT APPLIES JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X X LIABILITY X SCHEDULED AUTOS NON -OWNED AUTOS Y BA1C934192 9/1/2018 9/1/2019 COMBINED SINGLE LIMIT (Ea accident) $1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (Peraccident)$ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP1C934653 9/1/2018 9/1/2019 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED X RETENTON$0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A Y 72WEGGG6436 9/1/2018 9/1/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability AEC902265203 9/1/2018 9/1/2019 Each Claim $2,000,000 Aggregate $4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement Number : EG-00007, Reference ID (Vendor ID) : 37476, ON CALL PROJECT SUPPORT. Additional Insured coverage applies to General Liability and Automobile Liability for The City of National City. its elected officials. officers. agents, and employees per policy form. Waiver of subrogation applies to Workers Compensation per policy form. Professional Liability - Claims made form, defense costs included within limit. Excess/Umbrella policy follows form over underlying policies General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). There are no deductibles to the CGL and WC. CERTIFICATE HOLDER CANCELLATION The City of National City c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452-18-47 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART The City of National City, its elected officials, officers, agents, and employees SCHEDULE c/o Exigis Insurance Compliance Services P.O. Box 4668 - ECM #35050, New York NY 10163 Re: Agreement Number: EG-00007 NAMES OF ADDITIONAL INSURED PERSON(S) Or ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when, the bodily injury or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", "PERSONALINJURY" OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THEPERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) ATTHE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED,THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY; This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an CG T8 03 09 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452-18-47 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE,MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONALINSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CGD361 0305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rightsreserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 CG T8 03 09 18 Page 2 of 2 COMMERCIAL AUTO POLICY NUMBER: BA-1C934192-18-GRP ISSUE DATE: 07-12-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage pro- vided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): THE CITY OF NATIONAL CITY, ITS ELECTED OFFICERS, AGENTS, AND EMPLOYEES C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 4668 - ECM #35050 NEW YORK NY 10163 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provi- sion contained in Paragraph A.1. of Section II — Cov- ered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 4810 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-1H979452-18-47 ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following: LIMITS OF INSURANCE Total Aggregate Limit $ (Other Than Projects and Products -Completed Operations) Designated Location Aggregate Limit $ (Other Than Products -Completed Operations) Designated Project Aggregate Limit $ (Other Than Products -Completed Operations) General Aggregate Limit $ (Other Than Products -Completed Operations) Products -Completed Operations Aggregate Limit $ Personal and Advertising Injury Limit $ Each Occurrence Limit $ Damage To Premises Rented to You Limit $ 1,000,000 Any One Premises Medical Expense Limit $ 10,000 Any One Person 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 1,000,000 1,000,000 Designated Projects: Each "project" for which you have agreed, in a written contract which is in effect during this policy period, to provide a separate General Aggregate Limit, provided that the contract is signed and executed by you before the "bodily injury" or "property damage" occurs. Designated Locations: A11 locations listed in Item 3. of the Common Policy Declarations or in any Master Pac Account Exposure Endorsement included in this policy. CG D4 69 07 14 © 2014 The Travelers. Indemnity Company. All rights reserved. Page 1 of 4 COMMERCIAL GENERAL LIABILITY PROVISIONS A. The following replaces SECTION III — LIMITS OF INSURANCE: 1. a. The Limits of Insurance shown in the Schedule above and the rules below fix the most we will pay regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; (3) Persons or organizations making claims or bringing "suits"; or (4) Designated "projects" or "locations" shown in the Schedule above. b. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all amounts under the Des- ignated Location Aggregate Limit and all amounts under the General Aggregate Limit. This includes: (1) Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; (2) Damages under Coverage B; and (3) Medical expenses under Coverage C. c. A Designated Project Aggregate Limit is provided and is also shown in the Sched- ule above. The Designated Project Ag- gregate Limit is subject to all of the follow- ing provisions: (1) The Designated Project Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Cover- age C for "bodily injury" caused by accidents; which can be attributed only to opera- tions at a single designated "project" shown in the Schedule above. (2) The Designated Project Aggregate Limit applies separately to each des- ignated "project". (3) The Designated Project Aggregate Limit does not apply to damages be- cause of "bodily injury" or "property damage" included in the "products - completed operations hazard". In- stead, the Products -Completed Op- erations Aggregate Limit shown in the Schedule above and described in 3. below applies to such damages. (4) The Designated Project Aggregate Limit does not apply to damages un- der Coverage B. Instead, the General Aggregate Limit shown in the Sched- ule above and described in 2. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Des- ignated Project Aggregate Limit ap- plies shall reduce the Designated Project Aggregate Limit for that des- ignated "project". Such payments shall not reduce the Total Aggregate Limit shown in the Schedule above, the General Aggregate Limit shown in the Schedule above and described in 2. below, the Designated Project Ag- gregate Limit for any other designat- ed "project" shown in the Schedule above or the Designated Location Aggregate Limit shown in the Sched- ule above. d. Subject to the Total Aggregate Limit shown in the Schedule above and de- scribed in b. above, a Designated Loca- tion Aggregate Limit is provided and is al- so shown in the Schedule above. The Designated Location Aggregate Limit is subject to all of the following provisions: (1) The Designated Location Aggregate Limit is the most we will pay for the sum of: (a) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences"; and (b) Medical expenses under Cover- age C for "bodily injury" caused by accidents; which can be attributed only to opera- tions at a single designated "location" shown in the Schedule above. (2) The Designated Location Aggregate Limit applies separately to each des- ignated "location". Page 2 of 4 © 2014 The Travelers. Indemnity Company. All rights reserved. CG D4 69 07 14 COMMERCIAL GENERAL LIABILITY (3) The Designated Location Aggregate Limit does not apply to damages be- cause of "bodily injury" or "property damage" included in the "products - completed operations hazard." In- stead, the Products -Completed Op- erations Aggregate Limit shown in the Schedule above and described in 3. below applies to such damages. (4) The Designated Location Aggregate Limit does not apply to damages un- der Coverage B. Instead, the General Aggregate Limit shown in the Sched- ule above and described in 2. below applies to such damages. (5) Any payments made for damages or medical expenses to which the Des- ignated Location Aggregate Limit ap- plies shall reduce both the Total Ag- gregate Limit shown in the Schedule above and the Designated Location Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Schedule above and described in 2. below, the Designated Project Aggregate Limit shown in the Schedule above or the Designated Location Aggregate Limit for any oth- er designated "location" shown in the Schedule above. 2. Subject to the Total Aggregate Limit shown in the Schedule above and described in 1.b. above, a General Aggregate Limit is provided and is also shown in the Schedule above. The General Aggregate Limit is subject to all of the following provisions: a. The General Aggregate Limit is the most we will pay for the sum of: (1) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences", and medical expenses under Cover- age C for "bodily injury" caused by accidents, which cannot be attributed only to operations at a single desig- nated "project" or "location" shown in the Schedule above; and (2) Damages under Coverage B. b. The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" included in the "prod- ucts -completed operations hazard." In- stead, the Products -Completed Opera- tions Aggregate Limit shown in the Schedule above and described in 3. be- low applies to such damages. c. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggre- gate Limit shown in the Schedule above. Such payments shall not reduce the Des- ignated Project Aggregate Limit for any designated "project" shown in the Sched- ule above or the Designated Location Aggregate Limit for any designated "loca- tion" shown in the Schedule above. 3. If coverage for liability arising out of the "products -completed operations hazard" is provided, the Products -Completed Operations Aggregate Limit shown in the Schedule above is the most we will pay under Coverage A for damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard". Any payments made for such damages shall reduce the Products -Completed Operations Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Total Aggre- gate Limit shown in the Schedule above, the General Aggregate Limit shown in the Schedule above, the Designated Project Ag- gregate Limit for any designated "project" shown in the Schedule above or the Desig- nated Location Aggregate Limit for any des- ignated "location" shown in the Schedule above. 4. Subject to the Total Aggregate Limit and the General Aggregate Limit shown in the Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to the Total Aggregate Limit and ei- ther the Designated Location Aggregate Limit or the General Aggregate Limit, subject to the Designated Project Aggregate Limit or subject to the Products -Completed Operations Ag- gregate Limit, shown in the Schedule above and described in 1. b., 1.c, 1.d., 2. and 3. above, whichever apply or applies, the Each Occurrence Limit is the most we will pay for the sum of: CG D4 69 07 14 © 2014 The Travelers. Indemnity Company. All rights reserved. Page 3 of 4 COMMERCIAL GENERAL LIABILITY a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Cov- erage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poli- cy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. The following is added to the DEFINITIONS Sec- tion: "Location" means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag- gregate limit of insurance, each "location" that in- cludes a premises involving the same or connect- ing lots, or premises whose connection is inter- rupted only by a street, roadway or waterway, or by a right-of-way of a railroad, shall be considered a single "location". "Project" means any area, away from premises owned by or rented to you, shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right-of- way of a railroad, shall be considered a single "project". Page 4 of 4 © 2014 The Travelers. Indemnity Company. All rights reserved. CG D4 69 07 14 Policy #BA1C934192 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. J. K. L. M. N. C. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT PERSONAL PROPERTY AIRBAGS NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS BLANKET WAIVER OF SUBROGATION UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #BA1C934192 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #BA1C934192 You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses. of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #BA1C934192 COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO POLICY ENDORSEMENT - CA T8 00 09 17 POLICY NUMBER BA-1C934192-17-GRP ** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** NAMED INSURED IT IS AGREED THAT: KTU & A, INC. KTU+A PLANNING & LANDSCAPE ARCHITECTURE EFFECTIVE DATE 09-01-17 EXPIRATION DATE 09-01-18 PAGE 0001 DATE OF ISSUE 07-05-17 Policy #BA1C934192 4. Loss Payment — Physical Damage Cover- ages At our option, we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the dam- aged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceals or misrepresents a material fact con- cerning: a. b. c. d. This Coverage Form; The covered "auto"; Your interest in the covered "auto"; or A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per - COMMERCIAL AUTO son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insur- ance. For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col- lectible insurance. However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Covered Autos Liability Coverage is pri- mary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan. We will compute the final premium due when we determine your actual ex- posures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. CA00011013 © Insurance Services Office, Inc., 2011 Page 9 of 12 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD425 (07-08) - OTHER INSURANCE ADDITIONAL INSUREDS PRIMARY AND NONCONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS - PRIMARY AND NON-CONTRIBUTORY WITH RESPECT TO CERTAIN OTHER INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 4. a., Primary Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you specifically agree in a written contractor agreement that the insurance afforded to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought is caused by an "occurrence" that takes place; and (2) The "personal injury" or "advertising injury" for which coverage is sought arises out of an offense that is committed; subsequent to the signing and execution of that contract or agreement by you. CG D4 25 07 08 2008 The Travelers Companies, Inc. Page 1 of 1 CG T8 01 09 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that you have agreed in a written contract or agreement to waive your right of recovery against, but only for payments we make because of: 1 ."Bodily injury" or "property damage" that occurs; or 2."Personal injury" or "advertising injury" caused by an offense committed; after you have executed that contract or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV -COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the products -completed operations hazards. This waiver applies only to the person or organization shown in the Schedule above. CG T8 02 09 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 CG T8 09 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CG T8 09 18 Page 1 of 1 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETEDOPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) OR ORGANIZATION(S): Any person or organization that you agree in a written contract toinclude as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the products -completed operations hazard, provided that such contract was signed and executed by you before, and is in effect when, the "bodily injury or "property damage" occurs. LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" CAUSED, IN WHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS -COMPLETED OPERATIONS HAZARD". CG20370704 Copyright ISO Properties, Inc. 2004 CG T8 04 09 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2037 (07-04) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: Page 1 of 1 CG T8 04 09 18 Page 2 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAMES OF ADDITIONAL INSURED PERSON(S) Or ORGANIZATION(S): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when, the bodily injury or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. LOCATION OF COVERED OPERATIONS: Any project to which a written contract with the Additional Insured Person(s)or Organization(s) in the Schedule applies (INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOWN IN THE DECLARATIONS.) A. SECTION II - WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED THE PERSON(S) OR ORGANIZATION(S) SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE", "PERSONALINJURY" OR "ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF;IN THEPERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONALINSURED(S) ATTHE LOCATION(S) DESIGNATED ABOVE. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSURED,THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY; This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an CG T8 03 09 18 Page 1 of 2 GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: 680-1H979452 OFFICE PAC ISSUE DATE: 07/12/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CGD361 (03-05) - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: offense committed, after: 1. ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT FURNISHED IN CONNECTION WITH SUCH WORK, ON THE PROJECT (OTHER THAN SERVICE,MAINTENANCE OR REPAIRS) TO BE PERFORMED BY OR ON BEHALF OF THE ADDITIONALINSURED(S)AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR 2. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR APRINCIPAL AS A PART OF THE SAME PROJECT. CGD361 0305 Copyright 2005 The St. Paul Travelers Companies, Inc. All rightsreserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 CG T8 03 09 18 Page 2 of 2 q‘it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 72 WEG GG6436 Endorsement Number: Effective Date: 09/01/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: KTUA INC 3916 NORMAL ST SAN DIEGO CA 92103 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 07/24/18 Policy Expiration Date: 09/01/19 RESOLUTION NO. 2019 — 55 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KTU&A, INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A TOTAL OF $1,250,000 EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERIN, LANDSCAPE ARCHITECTURE, URBAN PLANNING AND DESIGN, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-133, the City of National City entered into an Agreement with KTU&A, Inc. to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications for a not to exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, the City and KTU&A, Inc. desire to execute the option to extend the term of the Agreement for one year to June 19, 2020, to allow KTU&A, Inc. to continue providing CIP support services for the not to exceed increased amount of $250,000 and a total not to exceed Agreement amount of $1,250,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and KTU&A, Inc. to extend the term of the Agreement for one year, ending June 19, 2020, to allow KTU&A, Inc. to continue providing CIP support services for the not to exceed increased amount of $250,000 and a total not to exceed Agree amount' of $1,250,000. PASSED and ADOPTED this 16th day of Aril, i 9./, mitig ATTE T: r/ Michael R. alla, City Clerk APPROVED AS TO FORM: A gil P orris -Jon City orney Passed and adopted by the Council of the City of National City, California, on April 16, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: Quintero. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-55 of the City of National City, California, passed and adopted by the Council of said City on April 16, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 16, 2019 AGENDA ITEM NO. 29 _ _'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with KTU&A, increasing the not -to -exceed amount by $250,000 (25% increase) for a total of $1,250,000 extending the term of the Agreement by one year to June 19, 2020, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications. PREPARED BY: Roberto Yano PHONE: 619-336-4383 EXPLANATION: See attached. DEPARTMENT: Er j1' e ing/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2019 and will be encumbered on an as -needed basis. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution executing a First Amendment to the Agreement with KTU&A. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution ResD/y 717O/t /►'d ,2ex %'SS" Explanation: On June 20, 2017, per City Council Resolution No. 2017-133, the City of National City entered into an Agreement with KTU&A, Inc. to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications. The original Agreement is for a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year. Both parties desire to execute the option to extend the term of the Agreement for one year to June 19, 2020, to allow KTU&A to continue providing CIP support services. This amendment will also increase the not -to exceed amount by $250,000 (25% increase), for a total of $1,250,000. See attached First Amendment to Agreement. Funds are appropriated in various CIP accounts and will be encumbered on an as - needed basis. -1- FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KTU&A This First Amendment to the Agreement is entered into this 16th day of April, 2019 by and between the City of National City, a municipal corporation ("CITY"), and KTU&A, a corporation (the "CONSULTANT"). RECITALS WHEREAS, on February 2, 2017, the Engineering & Public Works Department advertised a Request for Qualifications (RFQ) for on -call project support services for National City's Capital Improvement Program (CIP); and WHEREAS, on March 6, 2017, the CONSULTANT submitted a Statement of Qualifications (SOQ) in response to the RFQ, consistent with the requirements of the RFQ; and WHEREAS, based on evaluation of the CONSULTANT'S SOQ and interview, the City Engineer made a determination that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY; and WHEREAS, the CITY and the CONSULTANT entered into an Agreement on June 20, 2017, (the "Agreement") through the adoption of City Council Resolution No. 2017-133, wherein the CONSULTANT agreed to provide on -call project support services for National City's..CJP, including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications; and WHEREAS, the Agreement had a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, based on the CONSULTANT'S performance and quality of work, and to ensure timely completion of Capital Improvement Projects, the CITY desires to have the CONSULTANT continue providing on -call project support services for National City's CIP, and the CONSULTANT is willing to perform such services. 1/1 111 -2- AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on June 20, 2017, as follows: 1. Increase the not -to -exceed amount by $250,000 (25% increase), for a total Agreement amount of $1,250,000. 2. Extend the term of the Agreement to June 19, 2020. 3. The parties further agree that other than the foregoing amendment, each and every term and provision of the Agreement dated June 20, 2017, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones National City Attorney KTU&A By: Mike gleto. ' 'opal By: Kurt Carlson, Principal -3- RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH KTU&A, INCREASING THE NOT -TO -EXCEED AMOUNT BY $250,000 (25% INCREASE) FOR A TOTAL OF $1,250,000 EXTENDING THE TERM OF THE AGREEMENT BY ONE YEAR TO JUNE 19, 2020, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERIN, LANDSCAPE ARCHITECTURE, URBAN PLANNING AND DESIGN, CONSTRUCTION SUPPORT, PLAN REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS WHEREAS, on June 20, 2017, per City Council Resolution No. 2017-133, the City of National City entered into an Agreement with KTU&A, Inc. to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; landscape architecture; urban planning and design; construction support; plan reviews; community outreach and communications for a not to exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, the City and KTU&A, Inc. desire to execute the option to extend the term of the Agreement for one year to June 19, 2020, to allow KTU&A, Inc. to continue providing CIP support services for the not to exceed increased amount of $250,000 and a total not to exceed Agreement amount of $1,250,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and KTU&A, Inc. to extend the term of the Agreement for one year, ending June 19, 2020, to allow KTU&A, Inc. to continue providing CIP support services for the not to exceed increased amount of $250,000 and a total not to exceed Agreement amount of $1,250,000. PASSED and ADOPTED this 16th day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk May 28, 2019 Mr. Mike Singleton KTU&A 3916 Normal Street San Diego, CA 92103 Dear Mr. Singleton, On April 16th, 2019, Resolution No. 2019-55 was passed and adopted by the City Council of the City of National City, authorizing execution of an Agreement with KTU&A. We are enclosing for your records a fully executed duplicate original Agreement. Sincerely, 7.,,Michael . Dalla, CMC City Clerk Enclosure