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HomeMy WebLinkAboutC-2582 - Balboa Peninsula Drainage Studyl� CM OF NEWPORT BEACH OFFICE OF THE CifY CLERK (7141640-2251 TO: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: July 31, 1986 SUBJECT: Contract No. C -2582. Description of Contract Engineering Agreement for Balboa Peninsula Drainage Study Effective date of Contract July 30, 1986 Authorized by Minute Action, approved on July 28, 1986 Contract with Keith Engineering, Inc. Address 2900 8 Bristol Street, Suite 205 Costa Mesao CA 92626 Attn: Mike Browning, P.E. Amount of Contract (See Agreement) �a��� 4 • �a�AYIJCkKJGK..� Wanda E. Andersen City,Clerk WEA:Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 • July 28, 1986 CITY COUNCIL AGENDA ITEM NO. F -3(h) TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF 146YPORT BEACH FROM: Public Works Department SUBJECT: BALBOA PENINSULA DRAINAGE STUDY (C -2582) JUL 2 8 1986 APPROVED RECOMMENDATION: Authorize the Mayor and the City Clerk to execute a Professional Services Agreement with Keith Engineering, Inc. DISCUSSION: The current budget includes an appropriation to provide for a drainage study for that portion of Balboa Peninsula east of McFadden Square. The appropriation was requested as the first step of a long -range intent to provide an adequate drainage system for the peninsula. The study will identify drainage alternatives and provide a preliminary drainage design and cost for a system to serve each area of the peninsula. Some areas of the peninsula have no storm drain system. Other areas are served by inadequate -sized metal drains which have corroded and, in some cases, filled with sand. Staff has received proposals to provide the study from three con- sultants. The firm of Keith Engineering, Inc. is recommended for the work, and has proposed to: 1. Review all available plans for the existing storm drains, streets, sewers and other utilities in the study area. 2. Field survey as necessary as to complete a drainage map. 3. Prepare hydrology maps with alternative drainage schemes. 4. Perform all hydrology and hydraulic calculations for the proposed schemes. Hydrology and hydraulics will be based on the latest Orange County Flood Control District requirements. Routing of storm drains and facilities will emphasize safety, minimum main- tenance, least traffic interference and minimum conflicts with existing utilities. 5. Consult with City staff to review alternative schemes and to con- sider recommendations. 6. Prepare a preliminary cost estimate for each scheme. y July 28, 1986 Subject: Balboa Peninsula Drainage Study (C -2582) Page 2 7. Complete the report including hydrology, hydrology maps, hydraulic calculations, cost estimates and recommendations, and provide six bound copies of the report to the city. 8. Indemnify and hold harmless the City for the consultant's errors and omissions, and name the City as additionally insured under their comprehensive general liability insurance policy. (Keith's professional liability and general liability policies provide coverage to $1,000,000.) Compensation will be in accordance with Keith's Standard Fee Schedule (attached), with a total fee not to exceed $24,900. Adequate funds are budgeted in Account No. 02- 3497 -399 to compensate Keith. The study should be completed this fall. Staff anticipates that it will then desire to proceed with preparation of construction plans and specifi- cations so that the first phase of the drainage study recommendations may be built during spring of 1987. •Benjamin B. Nolan Public Works Director LRD:jd Att. • • VMA STANDARD FEE SCHEDULE June 1, 1986 • Compensation of Keith Engineering, Inc., for work performed on time and materials basis will be computed as follows: 1. CIVIL SERVICES: Hourly Rate Principal $ 100.00 Sr. Project Manager, Sr. Civil Engineer 85.00 Civil Engineer, Project Mgr., Gen. Superintendent 80.00 Asst. Project Manager, Sr. Designer 72.00 Designer, Calculator, Project Coordinator 65.00 Design /Draftsperson 59.00 Sr. Draftsperson 52.00 Draftsperson 42.00 Other Office Work 27.00 2. PLANNING SERVICES: Senior Planner 72.00 • Planner 65.00 Graphic Designer 59.00 3. FIELD SURVEY SERVICES: Survey Party of 3 Men 165.00 Survey Party of 2 Men 130.00 4. SPECIAL SERVICES: Consultation in connection with litigation,. 175.00 testimony as expert witness, and similar matters. MISCELLANEOUS FEES The following costs are billed at our cost plus lot: • • Subcontracted services • Map check fees or filing fees advanced by us. • Transportation, meals and lodging, and incidental travel expenses • Commercial.delivery services, including Federal Express, Express Mail and Messenger Services • Long distance telephone calls, telegrams, etc. • Blueprint services and printing (The customer is encouraged to arrange for printing, other than prints on our blueprint machine, to be contracted directly with an outside blueprint company acceptable to us.) • Pick -up and delivery services - $0.20 p /mile plus labor n • c - z_YL ENGINEERING AGREEMENT // THIS AGREEMENT, entered into this i day of , 198 CO, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and KEITH ENGINEERING, INC., whose address is 2900 B Bristol Street, Suite 200, Costa Mesa, CA 92626 (hereinafter referred to as "ENGINEER "), is made with reference to the following: RECITALS A. CITY is a municipal corporation duly orgainized 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 the City. B. CITY and ENGINEER desire to enter into a professional services agreement for BALBOA PENINSULA DRAINAGE STUDY upon the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between CITY and ENGINEER as follows: SECTION 1. SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. SECTION 2. TIME OF COMPLETION ENGINEER shall complete all services set forth in Exhibit "A" on or before October 15, 1986. SECTION 3. COMPENSATION TO ENGINEER ENGINEER shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. SECTION 4. STANDARD OF CARE ENGINEER warrants and guarantees that all services performed hereunder shall be provided in a manner commensurate with the highest pro- fessional standards and shall be performed by qualified and experienced person- nel. SECTION 5. INDEPENDENT PARTIES CITY and ENGINEER intend that the relation between them created by this Agreement is that of employer - independent contractor. The manner and means 1of7 of conducting the work are under the control of ENGINEER, except to the extent they are limited by statue, rule or regulation and the express terms of this Agreement. No Civil Service status or other right of employment will be acquired by virtue of ENGINEER'S services. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave, are available from CITY to ENGINEER, its employees or agents. From any fees due ENGINEER, deductions shall not be made for any State or Federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer- employee relationship. Payment of the above items, if required, are the responsibility of ENGINEER. SECTION 6. HOLD HARMLESS ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses, whatsoever, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner connected to ENGINEER'S negligent performance of services or work conducted pursuant to this Agreement. ENGINEER shall indemnify and hold harmless CITY, its City Council, boards and commissions, officers, agents, servants, and employees from and against any and all claims and losses whatsoever, including reasonable attor- neys' fees, accruing or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, equipment or supplies arising from or in any manner connected to the negligent performance of services or work conducted or performed pursuant to this Agreement and arising out of or con- nected to such services or work, and from any and all claims and losses what- soever, including reasonable attorneys' fees, accruing or resulting to any person, firm or corporation for damage, injury or death arising out of ENGINEER'S services or work pursuant to this Agreement. SECTION 7. INSURANCE On or before the commencement of the term of this Agreement, ENGINEER shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage. Such certificates, which do not limit ENGINEER'S indemnification, shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except 2of7 after ten (10) days' written notice has been received by the City of Newport Beach." It is agreed that ENGINEER shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement, and that said coverage of insurance shall be secured from an insurance company assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) by the latest edition of Best's Key Rating Guide and licensed to do insurance business in the State of California. A. INSURANCE COVERAGE REQUIRED 1. Workers' Compensation. Statutory coverage as required by the State of California. 2. Liability. Comprehensive general and automotive liability coverage in the following minimum limits: Bodily injury Property Damage $250,000 each person $500,000 each occurrence $500,000 aggregate $100,000 each occurence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits shown above. 3. Errors and Omissions. Professional liability coverage of $1,000,000 minimum. B. SUBROGATION WAIVER ENGINEER agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, that ENGINEER shall look solely to its insurance for recovery. ENGINEER hereby grants to CITY, on behalf of any insurer providing insurance to either ENGINEER or CITY with respect to the ser- vices of ENGINEER herein, a waiver of any right of subrogation which any such insurer of said ENGINEER may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE If ENGINEER at any time during the term hereof, should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in ENGINEER'S name or as an agent of ENGINEER, and shall be com- pensated by ENGINEER for the costs of such insurance at the maximum rate per- mitted by law computed from the date written notice is received that such costs have been paid. 3 o 7 D. ADDITIONAL INSURED CITY, its City Council, boards and commissions, officers, agents, servants and employees shall be named as an additional insured under all insurance coverages required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured; and an addi- tional insured named herein shall not be held liabile for any premium or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Proceeds from any such policy or policies shall be payable to CITY primarily, and to ENGINEER secondarily, if necessary. SECTION 8. PROHIBITION AGAINST TRANSFERS ENGINEER shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of CITY; any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other dispostion of any of the issued and outstanding capital stock of ENGINEER, or of the interest of any general partner or joint venturer or syndicate member or cotenant if ENGINEER is a partnership or joint venturer or syndicate or cotenancy, which shall result in changing the control of ENGINEER, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. SECTION 9. PERMITS AND LICENSES ENGINEER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by ENGINEER pursuant to or in connection with this Agreement shall be the exclusive property of CITY. 4 of 7 No report, information or other data given to or prepared or assembled by ENGINEER pursuant to this Agreement shall be made available to any individual or organization by ENGINEER without prior approval of CITY. ENGINEER shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS ENGINEER shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services under this Agreement. ENGINEER shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. ENGINEER shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement, shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from ENGINEER to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 All notices, demands, requests, or approvals from CITY to ENGINEER shall be addressed to ENGINEER at: Keith Engineering, Inc. 2900 B Bristol Street, Suite 205 Costa Mesa, CA 92626 Attn: Mike Browning, P.E. 5 o 7 SECTION 13. TERMINATION In the event ENGINEER hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, ENGINEER shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) days after receipt by ENGINEER from CITY of written notice of default, specifying the nature of such default and the steps necessary to cure such default, CITY may terminate the Agreement forthwith by giving to the ENGINEER written notices thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days written notice to ENGINEER as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. ADVERTISEMENT ENGINEER shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind unless prior written approval has been secured from CITY to do otherwise. SECTION 16. COMPLIANCES ENGINEER shall comply with all laws, State or Federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 17. NUISANCE ENGINEER shall not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement. SECTION 18. SAFETY REQUIREMENT All work performed under this contract shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL -OSHA. CITY reserves the right to issue restraint or cease and desist orders to the ENGINEER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 6of7 The ENGINEER shall maintain the work sites free of hazards to per- sons and /or property resulting from his operations. Any hazardous condition noted by the ENGINEER, which is not a result of his operations, shall imme- diately be reported to CITY. SECTION 19. SUBCONTRACTOR APPROVAL Unless prior written consent from CITY is obtained, only those people and subcontractors whose names and addresses appear in this Agreement or any attachments hereto shall be used in the performance of this Agreement. Request for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontrated and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing an estimated cost for the subcontractor's services. SECTION 20. WAIVER A waiver by CITY 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. SECTION 21. 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and ENGINEER. IN WITNESS WHEREOF, the parties have caused this Agreement to be exe- cuted on the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: ity Attorney 7 of 7 ENGINEER By i • EXHIBIT "A" SERVICES TO BE PERFORMED BY ENGINEER ENGINEER shall provide all services necessary for Balboa Peninsula Drainage Study except for reproduction of certain CITY records for ENGINEER's use in the performance of services required by this Agreement. Said reproduction shall be provided to ENGINEER free of charge by CITY. ENGINEER's services shall include, but not be limited to: 1. Reviewing all available plans for the existing storm drains, streets, sewers and other utilities in the study area. 2. Field surveying as necessary as to complete a drainage map. 3. Preparing hydrology maps with alternative drainage schemes. 4. Performing all hydrology and hydraulic calculations for the proposed schemes. Hydrology and hydraulics will be based on the latest Orange County Flood Control District requirements. Routing of storm drains and facilities will emphasize safety, minimum maintenance, least traffic interference and minimum conflicts with existing utilities. 5. Consulting with CITY staff to review alternative schemes and to con- sider CITY's recommendations. 6. Preparing a preliminary cost estimate for each scheme. 7. Completing the report including hydrology, hydrology maps, hydraulic calculations, cost estimates and recommendations, and providing six bound copies of the report to the CITY. EXHIBIT "B" COMPENSATION TO ENGINEER A. In consideration of the performance of services specified under exhibit "A" of this Agreement, CITY hereby agrees to compensate ENGINEER an amount based upon the following hourly rates: Classification of Personnel Hourly Rate Principal $100 Senior Project Manager or Senior Civil Engineer 85 Civil Engineer or Project Manager 80 Assistant Project Manager or Senior Designer 72 Designer of Project Coordinator 65 Design /Draftsperson 59 Senior Draftsperson 52 Draftsperson 42 Other Office Work 27 Survey Party of 3 165 Survey Party of 2 130 B. Reproductions made by ENGINEER in the performance of services specified in Exhibit "A" shall be compensated for at ENGINEER's cost plus 10 %. C. Pick -up and delivery services made by ENGINEER in the performance of ser- vices specified in Exhibit "A" shall be compensated for at 20$ per mile. D. In no event shall aggregate compensation to ENGINEER exceed Twenty -four Thousand Nine Hundred Dollars ($24,900). F '2 :. T' '.' %I /DD{YY) 7 -3 -86 PRODUCER THIS ISSUED MATTER OF INFORMATION ONLY AND CONFERS IC T RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, RIGHTS UPON H R. D. CROWELL INSURANCE AGENCY EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EX 3151 Airway Avenue 63 COMPANIES AFFORDING COVERAGE Costa Mesa, California 92626 » LCOMPAN ETTER Y A Dea%gn PAabehsiunaPb Ivu. Co. -' -_- (714) 557.5234 _ INSURED GOMPNNY s LETTER Ame&ican MotoA"ts Ina. Co. — Keith Eng.ineeAing, Inc. COMPANY C 2900 B Bh ihtok, #205 COMPANY Coma. Mesa, CA 92626 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT 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 CONDI- TIONS OF SUCH POLICIES. CO LTP POLICY NUMBER �1DUCY E- dP:C ? npx ;�,, .,'O N": ALL LIMITS IN THOUSANDS 7V'PE OF I,VSUPANCE POLIO' {EXPIRATION DATE !MtdiODM'I GENERAL LIABILITY GE :EPA'. AGGREGATE $1 000 COMMERCIAL GENERAL LIABILITY PL 620 651 12 -13 -85 12 -13 -86 PRICLICTS COMP!OPS AGGREG -iE $1 000 A X T k1� NS lRAE ❑yCOARFACE PERSONAL B JDV pT S'.5G :wuP/ $1 000 EACH Occ,APENCE $1,000, X 1'v ... FIRE :: a'nAGE :.4ati ORE FIRE $_279 MLhCAL EXPE':SE 1°"+' O'.' pE'ISo%; $ 1 AUTOMOBILE ^ LIABILITY Tke City og Newport B aeh, the Nuvpott Sea X ANY AUTO City Council, Puti,e W Akh Dept., .its oiji- $ 500 , B X ! OYeNE J AIJi U.. IJ• eera, Servanta, EmpK.o jen o the City and ;?JD'I;Y, �= SCHEDULED AUTOS itb Boards 9 CoMM", e.i are n ed as ,PER PERSONI .. $ w- X H;RED AUTOS add i tiona2 insweeda = j, GeneAat E Aitto pat i c i °u'SY 3' o ^,o'::EOaures F3M 074 079 3 -25 -86 3 -25-87 acIDEN,: $ GARAGE U4S:. TY _ ; PRD'EP!N N '= H EXCESS LIABILITY » ~� - - eao, OCCURREt:_E AcD,RenArE $ $ OTHER T7A•N UMBP.EU_A FORM WORKERS' COMPENSATION J ST'ATUTOFY $ 1 OOO. IEACn Af,CIGE ^m B AND 3CW 143 096 9 -1 -85 9 -1 -86 $ `000 mISEASE POUCY LW!') ] EMPLOYERS' LIABILITY !D'SEASE EACH EMPLOVEE7 OTHER A PROFESSIONAL $1,000, each ciaaim 9 LIABILITY PL 620 651 12 -13 -85 12 -13 -86 aggregate OESCRiFTION OF OPERATIONS { LOCATIONS / VEHICLES i RESTRICTIONS I SPECIALITEMS RE: BALBOA PENINSULA DRAINAGE STUDY 9 OTHER PROJECTS FOR THE CCITV. "FoA PAo eza.ioncF2 Liab y aavulage, �h agg�gate Limit .is the totat .insurance ava%Cabke boA c&iim p esen-tedd w.ct� h ti e po • cy pe�rw oA opewtions o{ .the in- zcuced. The aggAegate limits o{� Zcab.i2ity Shown on zhra celctibieae one subjeca Aeducti.on by payment 6Ox .Cobb oA expenhe Aet-ated to otheA ctaimb, .ib any, made in the Same poticy pehi.od. 4W-110161,1 - The City o� NewpoAt Beach HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCE.LLE BEFORE THE EX Pubtic WoAkz Depaktment IRATION DATE THEREOF, THE ISSUING COMPANY WILL XXXSN%MXXa P.O. BOX 1 768 AIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Newport Beach, CA 92658 -8915 EFT, �yTJi�xQyj1T �0.1�(j(1�R(���jl�lKAtf(J�� T Atten: LCo yd R. Da Plan THORIZED REPRESENTA IVE ay FaUon CITY OF NEWPORT BEACH 0 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 13 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence i Property Damage Liability $ each occurrence ( X) Single Limit Bodily Injury Liability $ 500,000 each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. by ihau ing com any 4. Should the policy be cancelled ~ ~� ~a before the expiration date thereof, the Insurance Company shall provide ^30 ~days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Ba.Pboa Pen,imu.Ca Dhainage Study Project Title and Contract No.). This endorsement is effective 7 -30 -86 at 12:01 A.M. and forms a part of Policy No. F3M074079 Named Insured Keith Eng.ineeh.ing, Inc. Endorsement No. 6 Name of Insurance Company Amehican Moton,i6t6 Ins.Co. ve L. • • Page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or ae#r. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or nold harmless provision con- tained in the written contract,/designated below, between the named insured and the City of Newport Beach. as amended 4 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (x) Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $ 1,000,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled b6 :�4 "400'R d before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Balboa Pen,in�u.Ca Dna%naye Project Tit a and i This endorsement is effective Policy No. PLb20651 7 -30 - &6 at 12:01 A.M. and forms a part of Named Insured Keith Eng,ineeA ing, Inc. Endorsement No. 16 Name of Insurance Company Design PUKersionaP,s By, := 'k�,c Authorize Representative Danathy GCazcock