Loading...
HomeMy WebLinkAboutC-6258 - On-Call PSA for On-Call Fire Protection Code Consulting and Third Party Review Services'•D A n® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/31/2015 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(les) 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 DSP Insurance 1900 E. Golf Road Suite 650 CONTACT NAME: Sara Gulotta PNCNNo Ext: (847) 934-2690 aC No:(847) 934-6186 E-MAIL ADDRESS: sgulotta@dspins.com Schaumburg IL 60173 COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # INSURERA:Travelers Prop Casualty Cc of Am 25674 INSURED JENSEN HUGHES, INC.; Hughes Associates, Inc., INSURER B: Travelers Ind. Co of America 25666 The RJA Group, Inc, and Its Subsidiaries INSURERC:Ironshore Speciality Insurance 25445 INSURER D: 3610 Commerce Drive #817 INSURER E: Baltimore MD 21227-1652 INSURER F: PREMS(E.occu RENTED SE nce $ 1,000,000 COVERAGES CERTIFICATE NUMBER: cert ID 17855 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. ILICY LTR TYPE OF INSURANCE IVSD WVD POLICY NUMBER EFF MM/DD/YYYY MPOLICY EXP M/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR P6305009X462TIL16 1/11/2016 1/11/2017 PREMS(E.occu RENTED SE nce $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO - POLICY PRO- JECT F—] LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT (CE Ea accident $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO PJUB5009X46216 1/11/2016 1/11/2017 ALL OWNED SCHEDULED AUTOSAUTOS BODILY INJURY (Per accident) $ X NON -OWNED HIRED AUTOS X AUTOS PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB X OCCUR ZUP15S7802116NF 1/11/2016 1/11/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ A WORKERS EMPLOY EMPLOYERS'TION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? N N / A PJUB5009X46216 1/11/2016 1/11/2017 X STATUTE OERIPER H EACH ACCIDENT $ 1,000,000 E. L. DISEASE -EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liability 000811105 11/17/2015 11/17/2016 Limit Each 5,000,000 Occ/Aggregate Including Pollution Per Claim Ded. 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: JH Proj #1BWR00009.000/contract #6258, City of Newport Beach On -Call City of Newport Beach, CA added as an Additional Insured with respects to General Liability, Automobile Liability and Umbrella Liability when required by written Contract. Waiver of Subrogation on General Liability, Automobile Liability, Umbrella Liability and Workers Compensation applies in favor of the Additional Insured when required by written contract. CERTIFICATE HOLDER CANCELLATION City of Newport Beach Leilani I. Brown, City Clerk 100 Civic Center Drive Newport Beach CA 92660 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 CiCY7°D-� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD M ACCOror CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �./ 11/12/2015 THIS CERTIFICATE IS ISSUED AS AATTER OFINFORIV�ATO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVEL_"Y A END, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT'CO STITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TSE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder`'is=an7ADDrrIONA4; IN$t)REQ, 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 _ CONTACT NAME: Sara Gulotta DSP Insurance Services PHONE 1900 E. Golf Road tj E (847) 485-2690 FAC No:(847) 934-6186 Suite 6504 E-MAIL Schaumburg IL 60173 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Ind.Co. of Connecticut 25682 INSURED (847) 934-6100 INSURER B:Ironshore Speciality Insurance 25445 JENSEN HUGHES, INC. Hughes Asaociates,Inc The INSURER C: Travelers Ind of America 25666 RJA Group, Inc, Hughes Rolf Jensen Holding Co. and its Subsidiaries 3610 Commerce Dr. #817 INSURER D: Travelers Property Casualty Co 25674 INSURER E: Baltimore MD 21227-1652 INSURER F: GENERAL AGGREGATE $ 2,000,000 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 SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR P630 -5009X462 -TCT -15 1/11/2015 1/11/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Eaoccurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FX PRO ❑ JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 C X ANY AUTO BA -5009X462-15 1/11/2015 1/11/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) XX NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ D X UMBRELLALIABX OCCUR ZUP-15578021-15-NF 3/1/2015 1/11/2016 EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 $ C WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑N N / A PE -UB -5009X46215 1/11/2015 1/11/2016 OTH- X STATUTE I ER EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, desc be under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below B Professional Liability including Pollution 000811105 11/17/2015 11/17/2016 Limit each 5,000,000 Occ/Aggregate Per Claim Dad. 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: JH Proj #1BWR00009.000/contract #6258, City of Newport Beach On -Call City of Newport Beach, CA added as an Additional Insured with respects to General Liability, Automobile Liability and Umbrella Liability when required by written Contract. Waiver of Subrogation on General Liability, Automobile Liability, Umbrella Liability and Workers Compensation applies in favor of the Additional Insured when required by written contract. -FN I rrr�ri r � nvLL+crt t ANGtLLA I IUN City of Newport Beach Leilani 1. Brown, City Clerk 100 Civic Center Drive Newport Beach CA 92660 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 &11- (V 1988-2U14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CC --'C> oC ?1\ N ON-CALL PROFESSIONAL SERVICES AGREEMENT V WITH JENSEN HUGHES, INC., FOR ON-CALL FIRE PROTECTION CODE CONSULTING AND THIRD PARTY REVIEW SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 24th day of August, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and JENSEN HUGHES, Inc., a Maryland corporation ("Consultant"), whose address is 2099 South State College Blvd. #540, Anaheim, California 92806, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering services related to on- call fire protection code consulting and third party review services ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or 'Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Five Thousand Dollars and 001100 ($75,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. Jensen Hughes, Inc. Page 2 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Blake Rippetoe to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Community Development Department. City's Chief Building Official or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. Jensen Hughes, Inc. Page 3 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Jensen Hughes, Inc. Page 4 Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Jensen Hughes, Inc. Page 5 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written Jensen Hughes, Inc. Page 6 authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (94) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Jensen Hughes, Inc. Page 7 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21, WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Jensen Hughes, Inc. Page 8 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Seimone Jurjis Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Blake Rippetoe Jensen Hughes, Inc. 2099 South State College Blvd. #540 Anaheim, California 92806 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seg.). Jensen Hughes, Inc. Page 9 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. Jensen Hughes, Inc. Page 10 28.6 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 the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Jensen Hughes, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Har'--'$ 3 City Attorney ATTEST: �; Date: "(• p2 • %�J By:—Jl I, bhw--- C •�� City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: t By: Kimberly Brandt, AICP Community Development Director CONSULTANT: Jensen Hughes, a Maryland corporation Date: By: -P--hAlip-J-®rff�let9t90 �I F L. 60TA) K President Date: 9,31-16--, Paula Sidows i Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements Jensen Hughes, Inc. Page 12 July 9, 2015 Building Division 100 Civic Center Drive Newport Beach, CA 92660 (949)644-3601 Attention: Mr. Seimone Jurjis 0 JENSEN HUGHES Advanc no Me Science of Safety Subject: Proposal for Miscellaneous On -Call Fire Protection Code Consulting and Third Party Review Services Dear Seimone, JENSEN HUGHES has prepared this proposal to the City of Newport Beach (Client) to provide Miscellaneous On -Call Fire Protection Code Consulting and Third Party Review Services for the City of Newport Beach Building Department as requested. JENSEN HUGHES scope of services will include but not be limited to those described below: • Review of Smoke Control System(s) design and Rationale Analysis • Review of Fire Protection Systems Designs (Fire Alarm, Sprinkler, Special Suppression) • Review of Through -penetration Fire Stopping Systems • Review of Fire Rated Assemblies (Stair and other shaft enclosures, occupancy separations, hazardous area separations) Review of Life Safety Systems such as Exit signage and egress lighting • Review of Building Means of Egress Requirements (Travel distances, dead -ends, exit access, exit discharge, etc.) • Review of Building Height and Area Calculations • Review of exposure hazards • Review of Accessibility and ADA requirements. • On-site Field inspections and special inspections for any of the systems and Life Safety Features listed above. • Meetings at the Building Department or selected project site. FEES Professional services are based upon the hourly rates established in the attached Hourly Rate Schedule. JENSEN HUGHES will perform the scope of services on a time and expense basis in accordance with the attached Hourly Rate Schedule in Exhibit B. Thank you for your consideration. Prepared by: 24 'e - Blake Rippet Associate 0:+17144501700 F: +1714-450-1701 2099 S. State College Bbd I Suite 540 Anaheim, CA 92806 USA jensenhughes.00m EXHIBIT A SCOPE OF SERVICES Jensen Hughes, Inc. Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES 2015 HOURLY RATE SCHEDULE Director/ Associate Director $230-$250 Senior Consultant / Engineer $175-$230 Consultant / Engineer $150-$175 Associate $110-$150 Administrative $80-$110 Any incurred cost will be invoiced monthly and at the completion of the project. Checks should be made payable to JENSEN HUGHES, Inc. (FEIN: 52-1199515). Reimbursable expenses are in addition to the fees for professional services. Expenses are reimbursable at cost. Expenses include local travel mileage, postage, copying, photograph development, express shipping and other miscellaneous costs related to the project. Jensen Hughes, Inc. Page B-1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Jensen Hughes, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Jensen Hughes, Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Jensen Hughes, Inc. Page C-3 judgment may be necessary for its proper protection and prosecution of the Work. Jensen Hughes, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach.'` Date Received: 1/23/15 Dept./Contact Received From: Terresa Date Completed: 1/30/15 Sent to: Terresa By: Chris Company/Person required to have certificate: Hughes Associates, Inc Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/11/15-1/11/16 A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 1/11/15-1/11/16 A. INSURANCE COMPANY: Travelers Property Casualty Co of Amer B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/11/15-1/11/16 A. INSURANCE COMPANY: Travelers Property Casualty Co of Amer B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ❑ N/A ® Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No V BUILDERS RISK ® N/A ❑ Yes ❑ No ® Yes ❑ No Approved: 1/30/15 Agent of Alliant Insurance Services D Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. Q JENSEN HUGHES August 31, 2015 Terresa Moritz, MPA CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, CA 92660 949.644.3005 VIA EMAIL: tmoritz(o)newportbeachca.gov RE: CONTRACT NO. 6258 Dear Ms. Moritz, Per the On -Call Professional Services Agreement (Signature Page 12) for On -Call Fire Protection Code Consulting and Third Party Review Services, this letter is to inform you that Phillip J. DiNenno passed away. Dan Gottuk, Vice President of R&D, will be signing the contracts between Jensen Hughes and the City of Newport Beach. Jensen Hughes appreciates the opportunity to assist the City of Newport Beach. If you have further questions or concerns, please contact me at (714) 450-1700 or brippetoe(a.iensenhughes.com. Sincerely, JENSEN HUGHES Ira Blake Rippetoe Associate jensenhughes.mrr A� o® CERTIFICATE OF LIABILITY INSURANCE DA8 28/ 015 8/28/2015 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 PRODUCER DSP Insurance Services 1900 E. Golf Road Suite 650 Schaumburg IL 60173 INSURED JENSEN HUGHES, INC. Hughes Associates,Ino The RJA Group, Inc, Hughes Rolf Jensen Holding Co. and its Subsidiaries 3610 Commerce Dr. #817 Baltimore ND 21227-1652 Sara Gulotta mAI_vc rvermrr Arc unueem. n__. — I.A. GFVICION NIIIMRFR. 25682 25445 25666 25674 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 ADOL SUER POLICY NUMBER POLICY EFF MMIDDNYYY POLICY E%P LIMITS MMIOWn A X COMMERCIAL GENERAL LIABILITY I. Brown, City Clerk AUTHORIZED REPRESENTATIVE 100 Civic Center Drive EAOH OCCURRENCE $ 11000,000 Beach CA 92660 CLAIMS -MADE I X I OCCUR i P630 -5009X462 -TCT -15 1/11/2015 DAMAGE TO RENTED $ 1,000,000 1/11/2016 PREMISES Ea occurcenceL_ MED EXP (My one person) $ _ 10,000 PERSONAL B ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY [ X I MR -11 LOC PRODUCTS m COMP/OP AGG $ 2,000,000 $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident C X ANY AUTO BA -5009X462-15 1/11/2015 1/11/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NO1,-0WNED PROPERTY DAMAGE 1$ X HIRED AUTOS X AUTOS Peraccidenll _ $ D X UMBRELLA LIAR X OCCUR ZUP-15378021-15-NP �1i 3/1/2015 1/11/2016 EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS -MAGE 'AGGREGATE $ 4,000,000_, DEO X RETENTION 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY PB -DB -5009X96215 1/11/2015 1/11/2016 X $TATIfrE ER _ L. EACH ACCIDENT $ 1,000,000 YIN ANY PROPRIETOR/PARTNER/EXECIffIVEE. OFFICEWMEMBER EXCLUDED? (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 H yes, describe under DESCRIPTION OF OPERATIONS below B Professional Liability 000811104 11/17/2014 11/17/2015 Limit each 5,000,000 Occ/Aggregate including Pollution Per Claim Ded. 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddlUonal Remarks Schedule, may be alfached If more space is required) RE: JH Proj #IBWR00009.000/contract #6258, City of Newport Beach On -Call City of Newport Beach, CA added as an Additional Insured with respects to General Liability, Automobile Liability and Umbrella Liability when required by written Contract. Waiver of Subrogation on General Liability, Automobile Liability, Umbrella Liability and Workers Compensation applies in favor of the Additional Insured when required by written contract. PCDTILICATF NM r1FQ CANCFI 1 ATION V 7B0a-LUT4 HV VRU I.VRIVR/A nVrv. nununtaraser Yea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Newport Beach Leilani I. Brown, City Clerk AUTHORIZED REPRESENTATIVE 100 Civic Center Drive Newport Beach CA 92660 V 7B0a-LUT4 HV VRU I.VRIVR/A nVrv. nununtaraser Yea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Insured: Jensen Hughes, Inc. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II — WHO IS plies only to such "bodily injury" or "property AN INSURED: damage" that occurs before the end of the pe - Any person or organization that you agree in a riod of time for which the "written contract re- written contract requiring insurance" to include as quiring insurance" requires you to provide an additional insured on this Coverage Part, but: such coverage or the end of the policy period, whichever is earlier. a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is Caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent ads or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily in- jury' or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the 'Witten contract requiring insurance" specifi- caly requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap• 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Primary non-contributory The insurance provided to the additional insured is excess over any valid and Collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this Insurance provided to the ad- ditional 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" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D414 04 08 0 20M The Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit', cooperate with us In the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured is primary to that other insur- ance available to the additional Insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2009 The Travelers companies, Inc. 004707 CG D414 04 08 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 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modl- lied by the endorsement GENERAL DF-SCRIFTNON 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 andorsemerd to the Coverage Par, and these coverage bmadening provisions do not apply to the extent that coverage is excluded or Iimttad 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 COVERAGE — 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 — LIABILITY COV. ERAGE: Any orgenteadon you nowly acquire or form dun 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 - 47 the 180th day udter you acquire or form the or- gankaWn or the end of the policy period, which- ever Is eerier. B. BLANKET ADDITIONAL INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION LENSES —INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the 'bodily injury or •properly damage occurs and that Is in effect during the policy period, to be named as an addi- tional insured is an'Insured' for Liab3ty Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganiiallon qualifies as an 'inured" under the Who Is An Insured provision contained in Section g. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A1., Who Is An Insured, of SECTION 8 — LI- ABILITY COVERAGE: The Is added to Pa An "employee' of yours Is an 'Insured' while Who Is An nsured, of SECTION 11 h LIABILITY operating an 'auld' hkod or rented under a COVERAGE contract or agreement In that 'employee's' Any person or organization who name, with your permission, while performing required under dudes related to the conduct of your Wal- e written contract or agreement bowman you and rsss. that person or orgeruaation, that is signed and CA T9 59 0910 o zoic The Tmrelere krdemdry caramy. Page 1 of 4 Ind Wee eeppW ted mete of hmmSw&n 011los, lna %W IN paminim. COMMERCIAL AUTO 2. The fdlowing replaces Paragraph b. In B.S., Other Insurance, of SECTION N — BUSI- NESS AUTO CONDITIONS: b. For Hued Auto Physical Dernage Cover- age. Ina following era deemed to be cov- aed'aulos' you own: (1) Any covered 'auto' you tease, hire, rant or borrow, and (2) Any covered 'auto' hired or rented by your "errMlgtee' under a contract H that individual `employees' name, with your permission, while perform- ing duties related to the conduct of your business. However, arry'auto" that Is teased, hired, rented or borrowed with a driver is not a covered Aulo'. D. EMPLOYEES AS INSURED The Wowing is added to Paragraph A.1., Who is An insured, of SECTION 11 — LIABILITY COV- ERAGE: Any'employee" of young Is an muffed" while us - Ing a covered'auW you dont own, hire orborrow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LNRTS 1. The Wowing replaces Paragraph A2a.(2), of SECTION t— LIABILITY COVERAGE: (2) Up to $3,000 for cost of ball bonds Qn- c x ing bonds for related traffic law viola- dons)required because or an %ocidenr we cover. We do not have to .furnish time bonds. 2. The Wowing replaces Paragraph A2a-(4), of SECTION t—LIABILITY COVERAGE: (4) AN nesisonehie a pe ses Inured by the 'Insured" at our request, IncNncng actual less of earnings up to $500 a day be- osuse of lima off from work. F. HIRED AUTO — LNITED WORLDWIDE COV- ERAGE OWERAGE — INDEMNITY BASIS The following reptacos Subparagraph (S) in Para graph B.T., Policy Period, Cw1we a Tar*twy. of SECTION N — BUSNiM AUTO CONDI- TIONS: (5) Anywham In the world, excW any coubry or Jurisdiction while any trade mncilon, aro- bargo, or similar cegalation bmposhd by the United States of America applies to and pro- hibb the transaction of business with or within such country or Medidan, for L iablity Coverage for any covered 'auto' that you base, hire, read or borrow without a driver for a period of 30 days or Was and that Is not an 'auto" you lease, hire, rard or borrow from any of your "employees', partners (if you are a partnership). members (if you are a Itrnted liability company) or members of their house- holds. (a) With rasped to any claim made or'suir brought outside the United States of America, the tarritories and possessions of the United States of Americal. Puerta Rico and Canada: (I) You mist orange to defend the Tsh- sued' against, and Investigate or se- tae any such claim or "suT' and keep us advised of all proceedings and so - tons. (IQ Neither you nor any other Invoked Insured' wl make any ser arrant without our consent fill) We may, at our discretion, participate in defending the Insured' against, or In the aettemant of, any claim or lout". (iv) We VA reimburse the 'Insured- for sums that the timed" legely must pay as damages because of 'bodily injury' or "properly damage" to which this Insurance applies, that the im- aurec' pays with our canard, but only up to the limit described In Para- graph aragraph C., Limit Of Insurance, of SEC- TION u — LIABILITY COVERAGE. (v) we wo mimbumre this "insured' for the reasonable ertpehaes incurred with our consent for your kwasiiga. lion of such claims and your defense of the 5nsured' against any such 'out", but only up to and included within the trait described In Pont- graph aragraph Q, Limit Of Insurance, of SECTION t — LIABILITY COVER- AGE, end not in addition to Koch limit Our duty to make such payments ends when we have used up the ap. pliable Trot of insurance In pay - non ta for dunmges, settiernents or defense epenass. (b) This insurance is excess over any veld and collectible other tusraance available Page 2 of 4 02010 The Tnevalas YdwaV cWOM. CA T3 53 0310 kwhWes copyripnrd . aft IM of Inswonm B WI= 010m. k-& ars ha pwwAa6h. to the Insured' whoMer primary, excess contingent or on any other basis. (c) This Insurance Is not a subs*ute for re- quired or compulsory Insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance in any such noun- try up to the minimum Omits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this polky, but we will only be liable to the same extent we would have been liable had you compiled with the compulsory hr 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 certfcates 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 M — PHYSICAL DAMAGE COVERAGE No deductible for a covered 'auto' will apply to glass damage If the glass Is repaired rather then replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT The following replaces the lest sentence of Para- graph AA.b., toss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most wo will pay for any expenses for loss of use Is $65 per day, to a maximum of $750 for any one 'aoddent'. I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMB The following replaces the first sentence In Para- graph AAa., Transportation Expenses, of SECTION Ili — PHYSICAL DAMAGE COVER- AGE: We wog pay up to $50 per day to e maximum of $1,500 for temporary transportation expense In- curred by you because of the UM theft of a cov- ered "auto• of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph AA., Cover- age Extensions, of SECTION til — PHYSICAL DAMAGE COVERAGE: Personal Effects We wig pay up to $400 for 'loss' to wearing ap- parel and other personal effects which are: (1) Owned by an Insured'; and (2) In or on your covered "auto'. This coverage applies only in the event of a total theft of your covered "aulo No deductibles apply to this Personal Effects coverage. K AIRBAGS The following is added to Paragraph 6.3., Exdu- atone, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3a. does not apply to 'Ime to one or more airbags In a coveted `auto' you own that in- flate due to a cause other than a cause of Loss' set forth In Paragraphs A.11. and A.1.c., but only. a. If that 'auto' is a covered 'auto' fa Compre- hensive Coverage under this policy, b. The airbags are not covered under any wan renty, and c. The airbags were not Intentionally Inflated. We will pay up to a maximum of $1,000 for any one "loss'. L NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following Is added to Paragraph A2a., of SECTION FV —BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- Ove prompt notice of the 'acadeW or `bas' ap- pile's only when the "accident or 'loss' Is kro to: (a) You (If you are an indhddual); (b) A partner (d you area partnership); (c) A member (d you are a limited Mobility com- pany): (d) An executive officer, director or insurance manager (if you are a corporation or other on gsnlmaton� or (e) Any'amptoyee" authorized by you to give no, titre of the "accident' or loss'. CA 73 53 0310 o sots The Tl"em lndeneigr Carre.ny. Page 3 of 4 Includes mpyrVftd maearlal of rnsunnce nedcae Oreo, Inc. wah Itis parm6alun. COMMERCIAL AUfO M. BLANKET WAIVER OF SUBROGATION The topowtrrg replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Offmm To Us, Of SECTION N — BUSINESS AUTO CONDI- TONS: 5. Tnawfer Of Rights Of Recmnery, Against Others To Us We waive any right of reowery we may have against any person or organization to the ex- tent ztent required of you by a written contact signed and executed prior to any 'aootdent" or'bss', provided that the "accident' or "loss' arises out of operations contampbW by such contract. The vA& wsr applies only to the person or aganizatiar designated in such contract N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.P., Con- osaiment, Ylsn:pmnntsdoq Or Fraud of SECTION IV—BUSINESS AUTO CONDITIONS: The uninten$ord ombdon of, or unintentional anon In, any hdomuhtlon given by you shat nut prejudice your rights under this Insurance. How- ewaz this pra9sbn does not eflad our right to ooh fact additional pre<kim or exmrose our right of cancelisdon ornoir-renewal i Pape 4 of 4 0 zote The TWM= Irdearily Compaq. CA T3 53 0318 Ndrdm apyhiofdrd raI er kmmm SwNme omoe, I= war b pemtc" WORKERS COMPENSATION TRAVELERS J AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICYNUMBER: (PEUB-5009X46-2-15) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 00.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Jensen Hughes, xnc. Premium Insurance Company Countersigned by DATE OF ISSUE: 01-23-15 ST ASSIGN: Page 1 of 1