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HomeMy Public PortalAboutC-21-137 - NAGASAKI & ASSOCIATESAGREEMENT FOR CONTRACT SERVICES BETWEEN THE CITY OF CARSON AND NAGASAKI & ASSOCIATES THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this day of May, 2021 by and between the CITY OF CARSON, a California municipal corporation ("City") and Nagasaki & Associates, a sole proprietorship ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Parry" and hereinafter collectively referred to as the "Parties." NOW, THEREFORE, the parties hereto agree as follows: 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit `B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit `B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 2. COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Four Thousand Five Hundred Dollars ($4,500.00) ("Contract Sum"). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub - 01007.0006/718059.1 1 category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE Agreement. 3.1 Time of Essence. Time is of the essence in the performance of this 3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the 01007.0006/718059.1 -2- period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4. COORDINATION OF WORK 4.1 Representative of Consultant. Jeffrey T. Nagasaki, MAI is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, and shall keep City informed of any changes. 4.2 Contract Officer. Gilbert Marquez, City Engineer or such person as may be designated by the City Manager is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith ("Contract Officer"). 4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Coverages. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City: 01007.0006/718059.1 -3- (a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract/location, or the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance (Form CA 0001 (Ed 1/87)including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence and property damage liability limits of $150,000 per occurrence or (ii) combined single limit liability of $1,000,000. Said policy shall include coverage for owned, non -owned, leased, hired cars, and any other automobile. (d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `B". (f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5.2 General Insurance Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be amended 01007.0006/718059.1 -4- or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsement to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City's Risk Manager or other designee of the City due to unique circumstances. 5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. 01007.0006/718059.1 -5- 6.3 Confidentiality and Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer. (b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives the City notice of such court order or subpoena. (c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any parry regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant. 6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the "documents and materials") prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 01007.0006/718059.1 -6- 7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. 7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "C". In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2. 7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for 01007.0006/718059.1 -7- completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 8. MISCELLANEOUS 8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class 8.2 Non -liability of City Officers and Employ. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of ' Carson, 701 East Carson, Carson, California 90745 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 8.6 Waiver. No delay or omission in the exercise of any right or remedy by non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in 01007.0006/718059.1 -8- writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.7 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 8.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.9 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.10 Warranty & Representation of Non -Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initialsz %) 8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. 01007.0006/718059.1 -9- [Signatures on the following page.] 01007.0006/718059.1 -10- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. CITY: C�1111►'Z�lV/M'�s� • r,.s?fiC�si7 ?'- A haron anders, City Manager ATTEST: John VNk-Warroll. Sr. APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CONSULTANT: NAGASAKI & ASSOCIATES, a sole IC NVnl Jeffrey T. Nagasaki, MAI Name: Title: e7�� Address: 3771 4yt2"42 Street, Suite 205 Torrance, California 90505 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01007.0006/718059.1 -11- CALIFORNIA 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 n 1 County of LOS AS J} On�� I Z4 2V Z� before me, Oh�t(J�1 �,���'c� Me,6tde,2, Nol-avi Rkk Date Here Insert Name and Title of the Officer personally appeared ov�as N Name(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ONEIDA LIZETTE MELENDEZ Notary Public California Z r .• « e Los Angeles County Commission M 2281526 My Comm. Expires Mar 1111,023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici I. Signature Signature of Notary Pu lic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: i... •.z .":,rr :a... fisc .,�.., z_ _ +. y;�,,..;; . a;.''w. v;,. .i. ..z :f :. 'a2�`.c.•'T^ yip . "..�.."�,st`•.". u."r..n..x:5 y� .ara. gy;.:y.is;?, <, •xa.:iF ..^-';': it • National NotaryAssociation EXHIBIT "A" SCOPE OF SERVICES I. Consultant will perform the following Services: Conduct an appraisal to determine the fair market value of an easement for street purposes over lands currently owned by the Los Angeles County Flood Control District, for the purpose of determination of just compensation for the rights of the street easement. The land to be valuated is located on the north and south sides of Sepulveda Boulevard east of the Dominguez Channel, having APNs 7315-011-902 and 7315-015- 912. If needed, an owner notification letter to the County will be sent as part of the Services. This may involve an invitation to the property owner to accompany Consultant on the inspection of the subject property and provide them with opportunity to provide any relevant information about the subject property. Consultant will prepare a summary appraisal report which summarizes the analysis and valuation. The appraisal report will comply with the reporting requirements set forth under Standards 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP) and will summarize the details relevant to the valuation and appraisal process. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: An appraisal report, in one (1) bound printed copy and one (1) electronic copy. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports: As orally directed by the Contract Officer. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: Jeffrey T. Nagasaki 01007.0006/718059.1 A-1 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) (new text shown in bold italics, deleted text in ke ) 01007.0006/718059.1 B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall perform the Services for the Contract Sum. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as a part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. NOT APPLICABLE IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include: A. Line items for all the work performed. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed S 4,500.00, as provided in Section 2.1 of this Agreement. C-1 01007.0006/718059.1 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule: Days to Perform Deadline Date All Services 60 60 days from Notice to Proceed II. Consultant shall deliver the following tangible work products to the City by the following dates. An appraisal report, in one (1) bound printed copy and one (1) electronic copy. III. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. D-1 01007.0006/718059.1 NAGA&AS-01 KHORFNCOMF CERTIFICATE OF LIABILITY INSURANCE COVERAGES CFRTIFICATF N(IMRFR• CCt/IQInkI Ruuaoon. 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. DATE /2021 2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NOINTACT Dat Diep Tegner-Miller Insurance Brokers 2001 Wilshire Blvd, Suite 101 Santa Monica, CA 90403 PHONE FAX (A/C, No, Ext): (310) 526-1804 (A/C, No): A DRIE : ddiep@vantreo.com INSURERS AFFORDING COVERAGE NAIC # %( INSURER A: Fireman's Fund Insurance Company 21873 4/14/2021 INSURED INSURER B: Allianz Global Corporate & Specialty INSURER C: Nagasaki & Associates 3771 W. 242nd Street, Suite 205 Torrance, CA 90505 INSURER D: INSURER E: INSURER F: COVERAGES CFRTIFICATF N(IMRFR• CCt/IQInkI Ruuaoon. 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. ILTR NSR TYPE OF INSURANCE ADDL SUtBR POLICY NUMBER POLICY EY POLICY EXPJNM LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCURX %( ABA2021002403-00 4/14/2021 4/14/2022 EACH OCCURRENCE $ 2,000,000 DAMAGEEMISE TO RENTrr n ED 100 00 P ,0 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: X POLICY 1 PRO- ❑LOC JECT GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGG 4,000,000 OTHER: B AUTOMOBILE LIABILITY CEOMBINED a ac icle nt)SINGLE LIMIT $2,000,000 BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ABA2021002403-00 4/14/2021 4/14/2022 BODILY INJURY Per accident $ X HIRED NON -OWNED AUTOS ONLY AUTO ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE EXCESS LIAB DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) If yes, describe under N / A PER OTH- ATUTE EACH ACCIDENT E.L. DISEASE - EA EMPLOYE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carson, its elected and appointed officers, employees, volunteers and agents are Included as additional insured with regards to General Liability per attached forms including Primary & Non -Contributory wording and Waiver of Subrogation. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE APPROVED City of Carson THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 701 E Carson Street i! ACCORDANCE WITH THE POLICY PROVISIONS. Carson, CA 90745 9/15/2021 AUTHORIZED REPRESENTATIVE AUUHD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BOP MultiCover (Without Discrimination) - SB 94 65 04 17 Policy Amendment This Endorsement modifies insurance provided under the Businessowners Coverage Form. Your policy is broadened and clarified as follows: 1. Additional Insured If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 2. Additional Insured does not apply to such person or organization. Section II - Liability Coverage, C. Who Is An Insured, Item 2. is amended to include the following: e. Any person or organization is included as an additional insured, but only to the extent such person or organization is legally obligated to pay forbodily injury property damage or personal and advertising injury caused by your acts or omissions. With respect to the insurance afforded to such additional insured, all of the following additional provisions apply: (1) You have agreed in a writterrnsured contract that such person or organization be added as an additional insured under this policy; (2) Thebodily injury property damage orpersonal and advertising injury for which said person or organization is legally obligated to pay occurs subsequent to the execution of such insured contragt (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by theinsured contract (4) The insurance afforded to such additional insured only applies to the extent permitted by law; (5) Such person or organization is an additional insured only with respect to: (a) Their ownership, maintenance, or use of that part of the premises, or land, owned by, rented to, or leased to you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (b) Your ongoing operations performed for that insured; (c) Their financial control of you, except such person or organization is not an insured with respect to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization; (d) The maintenance, operation or use by you of equipment leased to you by such person or organization; (e) Operations performed by you or on your behalf and for which a state or political subdivision has issued a permit, provided such operations are not performed for such state or political subdivision, and are not included within theproducts-completed SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 1 of 8 operations hazard or (f) Their liability as a grantor of a franchise to you. (6) This insurance does not apply tobodily injury property damage personal and advertising injury occurrence or offense: (a) Which takes place at a particular premises after you cease to be a tenant of that premises; (b) Which takes place after all work, including materials, parts or equipment furnished in connection with such work to be performed by or on behalf of the additional insured at the site of the covered operations, has been completed; (c) Which takes place after that portion ofyour work out of which the injury or damage arises has been put to its intended use by any other person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project; or (d) Which takes place after the expiration of any equipment lease to which (5) (d) above applies; (7) With respect to architects, engineers or surveyors, coverage does not apply tcbodily injury property damage olpersonal and advertising injury arising out of the rendering or failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, architectural, or engineering services. These exclusions apply even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if theoccurrence which caused thebodily injury orproperty damage or the offense which caused thepersonal or advertising injury involved the rendering of or the failure to render any professional services by or for you. 2. Additional Insured Vendors If an Additional Insured Vendors endorsement is attached to this policy that specifically names a person or organization as an additional insured, then this Section 3. Additional Insured Vendors does not apply to that person or organization. Unless theproducts-completed operations hazard is excluded from this policy, Section II Liability Coverage, C. Who Is an Insured, Item 2. is amended to include the following: f. Any vendor of yours is included as an additional insured, but only with respect toBodily Injury or Property Damage caused byyour products which are distributed or sold in the regular course of the vendo3 business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a)Bodily injury orproperty damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 2 of 8 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed by the vendor in full compliance with the manufactures written instructions at the vendcs premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) Bodily injury orproperty damage arising out of the liability of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; (3) The most we will pay is the lesser of either the amount of insurance available under the applicable Limits of Insurance shown in the Declarations or the limits of insurance required by the contract or agreement; and (4) The insurance afforded to such vendor only applies to the extent permitted by law. 3. Additional Insured - Limited Primary and Noncontributory Provision Section III Common Policy Conditions (Applicable to Section I Property and Section II Liability), H. Other Insurance, is amended to include the following: 4. With respect to Section II Liability: However, if you have added any person, organization or vendor of yours as an additional insured to this policy by way of this MultiCover endorsement and have agreed in a written insured contract that this insurance is primary and non-contributory with other insurance available to that additional insured, this insurance is primary and we will not seek contribution from such additional insured other insurance, provided that the additional insured is a Named Insured under such other insurance. 4. Blanket Waiver of Subrogation Section III Common Policy Conditions (Applicable to Section I Property and Section II Liability, K. Transfer of Rights of Recovery Against Others to Us, 2., is deleted and replaced with the following: 2. Applicable to Businessowners Liability Coverage SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 3 of 8 a. If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bringsuit or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. If required by a writteninsured contract executed prior to theoccurrence or offense, we waive any right of recovery we may have against any person or organization named in such insured contract because of payments we make for injury or damage arising out of your operations oryour work for that person or organization. 5. Broadened Named Insured A. Section II - Liability Coverage, C. Who Is An Insured, is amended to include thefollowing: 3. Any organization that you own at the inception of this policy, or newly acquire or form during the policy period, and over which you maintain during the policy period majority ownership or majority interest, will qualify as a Named Insured if: a. There is no other similar insurance available to that organization; and b. The first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization; and c. That organization is incorporated or organized under the laws of the United States of America. However: (1) Coverage under this provision 3 is afforded only until the next occurring annual anniversary of the beginning of the policy period shown in the Declarations, or the end of the policy period, whichever is earlier; and (2) Coverage A does not apply tcbodily injury olproperty damage that occurred before you acquired or formed the organization; and (3) Coverage B does not apply tcpersonal and advertising injury arising out of an offense committed before you acquired or formed the organization. B. Section II - Liability Coverage, C. Who Is An Insured, the last paragraph, is deleted and replaced with the following: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. However, this does not apply to a limited liability company that meets all of the conditions in Section II - Who Is An Insured, provision 3., above. 6. Medical Payments Unless Medical Expenses Coverage is excluded from this policy: A. Section II - Liability, B. Exclusions, 2. Applicable to Medical Expenses Coverage, f. is deleted and replaced with the following: Included within theproducts-completed operations hazard However, this exclusion does not apply to expenses for dental services. SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 4 of 8 B. Section II - Liability, D. Liability and Medical Expenses Limits of Insurance, is amended to include the following: 5. Medical Expenses Coverage is primary and not contributing with any other insurance, even if that other insurance is primary also. 7. Liberalization Section III Common Policy Conditions (Applicable to Section I Property and Section II Liability), G. Liberalization, is deleted and replaced with the following: G. Liberalization If we adopt a change in our forms or rules which would broaden the coverage provided by any form that is a part of this policy without an extra premium charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. 8. Damage to Premises Rented to You A. Section III Liability Coverage, B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph is deleted and replaced with the following: Exclusions c., d., e., f., g., h., i., k., I., m., n. and o. in Section II Liability do not apply to damage by fire to premises while rented to you, temporarily occupied by you with permission of the owner or managed by you under a written agreement with the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Paragraph D. Liability And Medical Expenses Limits of Insurance in Section II Liability. B. Section III - Liability Coverage, D. Liability and Medical Expenses Limits of Insurance, Item 3. is deleted and replaced with the following: 3. The most we will pay under Business Liability for damages because ofproperty damage to a premises while rented to you, or in the case of fire, while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner, is the greater of: a. $1,000,000 Any One Premises; or b. The Damage to Premises Rented To You Limit shown in the Declarations. 9. Chartered Aircraft Section II - Liability, B. Exclusions, 1.Applicable to Business Liability Coverage, g. Aircraft, Auto or Watercraft, is amended to include the following: (6) An aircraft in which you have no ownership interest and that you have chartered with crew. 10. Coverage Territory Broadened Section II Liability Coverage, F. Liability and Medical Expenses Definitions, Item 4.a. is deleted and replaced with the following: a. The United States of America (including its territories and possessions), Puerto Rico, Canada, Bermuda, the Bahamas, the Cayman Islands and the British Virgin Islands. S89465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 5 of 8 11. Personal or Advertising Injury -Contractual UnlessPersonal and Advertising Injury is excluded from this policy, Section II Liability Coverage, B. Exclusions, 1. Applicable to Business Liability, p. Personal and Advertising Injury, (4) is deleted in its entirety. 12. Fellow Employees Coverage Section II - Liability Coverage, C. Who Is an Insured, Item 2.a.(1) is deleted and replaced with the following: (1)Personal and advertising injury However, subsections (a), (b), (c) and (d) of item (1) remain unchanged. 13. Bodily Injury Definition - Broadened Section II Liability Coverage, F. Liability and Medical Expenses Definitions, Item 3. is deleted and replaced with the following: 3.Bodily injury means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. 14. Unintentional Failure to Disclose Hazards Section II - Liability Coverage, E. Liability and Medical Payments General Conditions, is amended to include the following: 6. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 15. Supplementary Payments, Increase Limits Section II - Liability, A. Coverages, 1. Business Liability, f. Coverage Extension Supplementary Payments, (1) (b) and (d) are deleted and replaced with the following: (b) The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. (d) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including substantiated loss of earnings up to $500 a day because of time off work. 16. Amended Duties in the Event of an Occurrence, Offense Claim or Suit Section II - Liability Coverage, E. Liability and Medical Payments General Conditions, 2. Duties in the Event of Occurrence, Claim or Suit, a. and b. are deleted and replaced with the following: a. You must see to it that we or any licensed agent of ours are notified of a General Liability occurrence or offense which may result in a claim as soon as practicable after it becomes SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 6 of 8 known to: (1) You, if you are an individual; (2) Your partner or member, if you are a partnership or joint venture; (3) Your member, if you are a limited liability company; (4) Your executive officer if you are an organization other than a partnership, joint venture or limited liability company; or (5) Your authorized representative or insurance manager. Knowledge of anoccurrence or offense by persons other than those listed above does not imply that those listed above also have such knowledge. To the extent possible, notice to us should include: (1) How, when and where theoccurrence or offense took place; (2) The names, addresses, and telephone numbers of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence, offense, claim, olsu it". 17. Section III - Common Policy Conditions (Applicable to Section I Property and Section II Liability), H. Other Insurance, 2. is deleted and replaced with the following: 2. Business Liability Coverage If other valid and collectible insurance is available to any insured for a loss we cover under Business Liability Coverage, our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a writteninsured contract to include any person or organization as an insured, but only with respect to that insured liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, oryour work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance, or; b. Except for the circumstance described in 2.a., above, the insurance provided under this policy is excess over any other liability insurance available to any insured whether such other insurance is written as primary, excess, contingent or any other basis. An exception applies when any insured specifically has purchased excess insurance to apply in excess of the limits of insurance shown in the Declarations for Business Liability Coverage. 18. Damage to Invitees Automobiles from Falling Trees or Tree Limbs - Limited Coverage The policy applies to direct physical damage to automobiles owned by invitees subject to all of the following: 1. Provided such damage originates from premises owned, managed, leased or rented by an insured; 2. Coverage applies only to invitees of an insured or an insured tenant; SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 7 of 8 3. Such damage is directly caused by wind -driven falling trees or tree limbs; 4. The most we will pay for anyone loss is the lowest of: a. the actual cash value of the damaged automobile as of the time of the loss; or b. the cost of repairing the damaged automobile; or c. the cost of replacing the damaged automobile with another automobile of like kind and quality. Regardless of the number of occurrences, losses or claims, this coverage is subject to a limit of $25,000 in any one policy period; 5. This coverage is not subject to the General Liability General Aggregate Limit; and 6. We will make payments under this coverage without regard to fault. 19. Section II Liability, B. Exclusions, 1. Applicable to Business Liability Coverage, a. Expected or Intended Injury, is deleted and replaced with the following: a. Expected or Intended Injury Bodily injury orproperty damage expected or intended from the standpoint of the insured. This exclusion does not apply tobodily injury orproperty damage resulting from the use of reasonable force to protect persons or property. All other terms and conditions of this policy shall remain unchanged. SB9465 04-17 Copyright © 2017 Allianz Global Risks US Insurance Company. All rights reserved. Page 8 of 8 POLICY NUMBER: ABA 2021002403-00 BUSINESSOWNERS BP 04 50 07 13 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Persons Or Organization(s) Locations Of Covered Operations City of Carson additional insureds, the following additional 701 E Carson Street exclusions apply: Carson, CA 90745 This insurance does not apply to "bodily injury" or Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C. Who Is An additional insureds, the following additional Insured: exclusions apply: 3. Any person(s) or organization(s) shown in the This insurance does not apply to "bodily injury" or Schedule is also an additional insured, but only "property damage" occurring after: with respect to liability for "bodily injury", "property 1. All work, including materials, parts or damage" or "personal and advertising equipment furnished in connection with such injury" caused, in whole or in part, by: work, on the project (other than service, a. Your acts or omissions; or maintenance or repairs) to be performed by or b. The acts or omissions of those acting on on behalf of the additional insured(s) at the your behalf; location of the covered operations has been completed; or in the performance of your ongoing operations for the additional insured(s) at the location(s) 2. That portion of "your work" out of which the designated above. injury or damage arises has been put to its However: intended use by any person or organization other than another contractor or subcontractor a. The insurance afforded to such additional engaged in performing operations for a insured only applies to the extent permitted principal as a part of the same project. by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 04 50 07 13 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 BP 04 50 07 13 NAGASAKI & ASSOCIATES REAL ESTATE VALUATION CONSULTANTS July 26, 2021 Kahono Oei Re: Insurance Requirements City of Carson 701 E. Cason Street Carson, California 90745 Dear Mr. Oei: Pursuant to the requirements of the contract with the City of Carson, I am requesting a "waiver" of the insurance requirements pertaining to Workman's Compensation Insurance. I have a sole proprietor firm with no employees and do not presently carry Workman's Compensation Insurance. I hope this letter adequately serves the requirements as specified under the contract and enjoy once again working with the City. Sincerely, NAGASAKI & ASSOCIATES Jeffrey T. Nagasaki, MAI ®NAGASAKI b ASSOCIATES REAL ESTATE MLAT lv CgI51B.TANTS 3771 Wes. 242nd Street. Sesta 205 Torrance. Gxifontia 90505 310.224.7900. Ext. 100.310.224.7901 Fa magas kl®.Ocglobal.nM LIA Administrators & Insurane+e Services t' APPRAISAL AND VALUATION ASPEN PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN AMERICAN INSURANCE COMPANY (A stock insurance company herein called the "Company") 175 Capitol Blvd. Suite 100 Rocky Hill, CT 06067 Date Issued Policy Number Previous Policy Number 04/06/2021 AAI000386-07 AAI000386-06 THIS IS A CLAIMS MADE AND REPORTED POLICY. COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY (60) DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY, OR DURING THE EXTENDED REPORTING PERIOD, IF APPLICABLE, FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD. PLEASE READ THE POLICY CAREFULLY. Item 1. Customer ID: 157497 Named Insured: NAGASAKI & ASSOCIATES Jeffrey T. Nagasaki, MAI 3771 W. 242nd Street, Suite 205 Torrance, CA 90505-6566 2. Policy Period: From: 05/02/2021 To: 05/02/2022 12:01 A.M. Standard Time at the address stated in 1 above. 3. Deductible: $1,000 Each Claim 4. Retroactive Date: 05/02/2005 5. Inception Date: 05/02/2015 6. Limits of Liability: A. $1,000,000 Each Claim B. $2,000,000 Aggregate 7. Mail all notices, including notice of Claim, to: LIA Administrators & Insurance Services 1600 Anacapa Street Santa Barbara, California 93101 (800)334-0652; Fax: (805)962-0652 8. Annual Premium: $1,384.00 9. Forms attached at issue: LIA002 (12/14) LIA CA (11/14) LIA012 (12/14) LIA013 (10/14) LIA018 (10/14) LIA021 (10/14) LIA025A (11/14) LIA122 (10114) This Declarations Page, together with the completed and signed Policy Application including all attachments and exhibits thereto, and the Policy shall constitute the contract between the Named Insured and th any. 04/06/2021 By Z� Date Authorized SigAature LIA-001 (12/14) Aspen American Insurance Company Appraisal and Valuation Professional Liability Insurance Policy A S P E N Named Insured: NAGASAKI & ASSOCIATES Policy Number: AAI000386-07 Jeffrey T. Nagasaki, MAI Effective Date: 05/02/2021 Customer ID: 157497 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL COVERED APPRAISERS ENDORSEMENT In consideration of the premium charged, it is agreed that Section IV. DEFINITIONS (1) "Insured" is amended to include: "Insured" means: The persons identified below, but only while acting on behalf of the Named Insured: Name Jeffrey Nagasaki Coverage Effective Date 05/02/2021 All other terms, conditions, and exclusions of this Policy remain unchanged. Aspen American Insurance Company Page 1 of 1 LIA012 (12/14) Principal/Owner, Appraiser or Trainee Principal/Owner Appraisal and Valuation Professional Liability Insurance Policy Named Insured: NAGASAKI & ASSOCIATES Jeffrey T. Nagasaki, MAI ASPEN' Policy Number: AAI000386-07 Effective Date: 05/02/2021 Customer ID: 157497 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL APPRAISAL ENDORSEMENT In consideration of the premium charged, it is agreed that the Insureds identified below have been approved by the Company to perform Professional Services involving Commercial Property. Insured Jeffrey Nagasaki Effective Date of Approval 05/02/2021 Exclusion (1) remains unchanged and effective, however, unless the Insured identified is approved for Professional Services involving undeveloped or vacant land whose proposed use is for multiple unit single-family housing developments, condominium developments, co-operative housing developments or apartment developments consisting of 10 units or more. All other terms, conditions, and exclusions of this Policy remain unchanged. Aspen American Insurance Company Page 1 of 1 LIAO13 (10/14)