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HomeMy WebLinkAboutC-3258(A) - Newport Heights Street Lighting Replacement (Design)PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this 18th day of February, 1999, by and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City "), and WILLDAN ASSOCIATES, whose address is 12900 Crossroads Parkway South, Industry, California, 91746 -3499, (hereinafter referred to as "Consultant'), 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 is planning to implement Professional Engineering Services for Street Lighting Replacement in Newport Heights ('Project'). C. City desires to engage Consultant to provide professional design services for the replacement of series circuit street lights to a conventional 240 -volt multiple system, upon the terms and conditions contained in this Agreement. D. The principal members of Consultant are for purpose of Project are Lew Gluesing, P.E., Traffic and Transportation Division Manager and Richard L. Kopecky, P.E., Senior Vice President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant and desires to -1- • 0 contract with Consultant under the terms of conditions provided 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 18th day of February 1999, and shall terminate on the 1 st day of July 1999, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of ten thousand dollars ($10,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly invoices to City, payable by City within thirty IVA (30) days of receipt of invoice. 3.3 City shall reimburse Consultant only for those costs or expenses which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved computer data processing and reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.4 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 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 community professional standards. All -3- 0 • services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents and warrants that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, or 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, or any other delays beyond Consultant's control or without Consultant's fault. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor'), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 13 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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. Nothing in this Agreement shall be deemed to constitute 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 details in means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Lew Gluesing, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written -5- 0 approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. CITY POLICY Consultant will discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that the Project proceeds in a manner consistent with City goals and policies. 9. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 10. PROGRESS Consultant is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. • • 11. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 12. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Ise 0 All insurance policies shall be issued by an insurance company certified to do business in the State of California, with original endorsements, with Best's A VII or better carriers, unless otherwise approved by City Risk Manager. A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own In 0 • cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 13. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 ventures or syndicate member or co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 0 14. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 15. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 16. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of -10- • • all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DXF) compatible format. 17. ADMINISTRATION This Agreement will be administered by the Public Works Department. Eldon Davidson, P.E., Utilities Services Manager, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 18. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records -11- 0 • with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 19. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 20. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. -12- 0 • 22. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 23. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 24. 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 third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. -13- All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3011 Fax(949)646 -5204 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mr. Lew Gluesing Willdan Associates 12900 Crossroads Parkway South Industry, CA 91746 -3499 (562) 908 -6200 Fax(562)695 -2120 25. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 25.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -14- 0 provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 26. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 27. 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. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 29. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as -15- 0 9 compared to contractor bids or actual cost to City. 30. CADD DELIVERABLES CADD data delivered to City shall not include the professional stamp or signature of an engineer or architect. 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. 31. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- 0 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Robin Clauson Assistant City Attorney ATTEST: By LaVonne Harkless City Clerk \ \mis_l \sys \users \utl\shared \willdanpsa.doc CITY OF NEWPORT BEACH A Municipal Corp5al- Director By: � of Public Works pnklC111 TA NT -17- Vice President • Scope of Work Page 1 of 2 Willdan Associates proposes to perform the following Scope of Work as identified by each work item task. TASK I - PROJECT INITIATION To begin this project, Willdan Associates will meet with City staff to review in more detail and to discuss specific issues related to the project. At that time the City will be providing the following information to assist in the completion of the project: Plans and drawings, as available, showing street alignments and utilities. Design criteria and any other technical information required for the project. Any available electronic files for base map and contract document preparation. Task 2 - DATA COLLECTION Willdan Associates will perform the following, as necessary, for the preparation of base street lighting plans: Compile and analyze pertinent data supplied by the City Contact utility companies within the project limits and request locations of existing facilities TASK 3 - FIELD INVESTIGATION Willdan Associates will conduct a field review within the project limits to verify the accuracy and adequacy of existing street lighting data as provided by the City. The field review will also examine the conditions of existing pole foundations and conduit for use with the new street lighting system. This task can include meeting City staff at the project location to address design issues. TASK 4 - PRELIMINARY PLAN PREPARATION Using the information compiled above, six (6) preliminary street lighting plans will be prepared. The plans will consist of a title sheet showing a vicinity and key map, up to two (2) detail sheets, and three (3) plan sheets prepared at a scale of 1 " =40'. The plans will depict existing street lights and conduit, proposed street lights, new conduit, as necessary, and service points. Utilities that may impact new installations will be shown in those areas. The plans will be prepared using Autocad, Release 14, with layering conventions requested by the City. =n6MV-11% • • Scope of Work Page 2 of 2 TASK 5 - SPECIFICATIONS AND ESTIMATES Willdan Associates will prepare project specifications and contract bid documents in accordance with the requirements of the City's design criteria. In addition, project quantity estimates with overall construction cost estimates will be prepared. TASK 6 - FINAL PS &E Following an internal plan review and City review, final plans, specifications, and estimates will be prepared for delivery to the City. This submittal will be "camera ready" for City reproduction, advertising and bidding. At this time, the electronic files of the plans, specifications, and estimates will be submitted to the City. TASK 7 - CONSTRUCTION ASSISTANCE Willdan Associates will be available to assist the City during advertisement, bidding and construction on an as- needed basis. The assistance may entail clarification of the plan for the contractor, or any changes that may arise during construction that may require the issuance of modified plans and specifications. Exhibit "V 0 0 WILLDAN ASSOCIATES SCHEDULE OF HOURLY RATES July 1, 1998 - June 30, 1999 Classification Principal Engineer Division Manager City Engineer Project Director Supervising Engineer Sr. Engineer Sr. Project Manager Project Manager Associate Engineer Sr. Designer (CADD) Designer (CADD) Engineering Associate Sr. Designer Sr. Design Engineer Design Engineer Sr. Drafter Designer Sr. Drafter (CAD) Drafter (CAD) Drafter Technical Aide Spvsr. - Public Works Observation Sr. Public Works Observer Public Works Observer SURVEYING Sr. Survey Analyst Sr. Calculator Calculator II Calculator I Survey Analyst II Survey Analyst I Spvsr. - Survey Survey Party Chief Two -Man Field Party Three -Man Field Party Spvsr. - Special Districts Services Sr. Special Districts Coordinator Special Districts Coordinator Special Districts Analyst II Special Districts Analyst I Fee Rate Per Hour $125.00 120.00 120.00 110.00 110.00 99.00 99.00 90.00 90.00 90.00 82.00 90.00 82.00 76.00 66.00 66.00 65.00 66.00 65.00 54.00 46.00 80.00 73.00 63.00 85.00 85.00 73.00 60.00 73.00 61.00 94.00 89.00 156.00 210.00 104.00 95.00 88.00 71.00 60.00 Exhibit "B" 0 Fee Rate Classification Per Hour PLANNING Principal Planner $105.00 Sr. Planner 95.00 Associate Planner 80.00 Assistant Planner 68.00 Planning Technician 48.00 Principal Community Development Planner 105.00 Sr. Community Development Planner 95.00 Associate Community Development Planner 80.00 Assistant Community Development Planner 68.00 Community Development Technician 48.00 BUILDING Supervising Plan Check Engineer 98.00 Plan Check Engineer 82.00 Sr. Plans Examiner 79.00 Plans Examiner 70.00 Plans Examiner Aide 45.00 Spvsr. - Building Inspection 73.00 Building Inspector 63.00 Sr. Permit Specialist 59.00 Assistant Building Inspector 52.00 Permit Specialist 45.00 Building Official 98.00 Deputy Building Official 88.00 LANDSCAPE ARCHITECTURE Principal Landscape Architect 95.00 Sr. Landscape Architect 80.00 Associate Landscape Architect 70.00 Assistant Landscape Architect 60.00 Computer Data Entry 45.00 Personal Computer Time 15.00 Clerical 40.00 Word Processing 40.00 Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.25 times the standard hourly rates. Sundays and holidays will be charged at 1.70 times the standard hourly rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15 %). A subconsultant management fee of fifteen percent (15 %) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination. These hourly rates are effective through June 30, 1999, and may be adjusted after that date to compensate for labor adjustments and other increases in costs. Exhibit "B" Client #: 6540 WILLDASSO ,AC6RD,. CERTIFIC OF LIABILITY INSU NCE DDr /111/ / 99 /999 3/11 PRODUCER; INSR TYPE OF INSURANCE POLICYNUMBER LTR POLICYEFFECTIVEPOUCY EXPIRATION LIMITS ATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates "'—'- P. 0. BOX 10550 _s :- ONLY. AND CONFERS NO RIGHTS UPON THE CERTIFICATE .- HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AFTER E COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 FIRE DAMAGE (Anyone fire -' - CLAIMS MADEC OCCURI 714 427-6810 ) SS OOO INSURERS AFFORDING COVERAGE INSURED Willdan Associates 888 S. West Street #300 Anaheim, CA 92802 r =' AIJK I I "INSURER I URERA:Reliance Insurance Company INSURERB:ZCIC (Zurich) 1 °. NSURERC:Dgslgn Prof. Ins. Co. D: INSURER E: COVERAGES 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, D(CLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICYNUMBER LTR POLICYEFFECTIVEPOUCY EXPIRATION LIMITS ATE A 1 GENERAL LIABILITY IPQ8573077 11/09 /98111 /09/99 EACHOCCURRENCE IS1, 000, 000 17X !COMMERCIAL GENERAL LIABILI IT FIRE DAMAGE (Anyone fire $50. 000 CLAIMS MADEC OCCURI ! MED EXP (Any one Oenon) SS OOO 31, 000, 000 B CONTRACTUAL i PERSONAL SADV INJDRY s2,000,000 _ ;GENE GENERAL AGGREGATE s2,000,000 AGGREGATE LIMIAPPLIESPER:� I PRODUCTS- COMPIDPAGG 'EC 7-1 POLICY ` PRC LOO AiAUTOMOe1LEUgeILITr PQ8573077 :11/09/98 11/09/99 SINGLE LIMIT, X'ANYAUTD i(Eaaccltlenq �S1, 000, 000 $ f` i ALL OWNED AUTOS ! BODILY INJURY _ SCHEDULED AUTOS For Professional Liability coverage, the I(Perperson) X HIRED AUTOS . 1 r-`1 aggregatehmdlsthetatal irsuranoemilable BODILY INJURY S X NON-OWNED AUTOS forall covered claims preeeMed within the (Per accident) S r, policy period. The limit will be reduced by PROPERTY DAMAGE Payments for indemnity and 9 ses. I (Per accident) iI OARAGE LIABILITY AUTO ONLY- EA ACCI DENTi $ .._._.. ANY AUTO OTHER THAN EA ACC is . I AUTO ONLY: AGO ' $ EXCESS LIABILITY EACHOCCURRENCE $ 'OCCUR iCLAIMSMADE'. AGGREGATE !$ $ DEDUCTIBLE is RETENTION $ is B I WORKERS COMPENSATION AND :WBN65201ACA ll/09/98111/09/99 Xiroav UMITSI �OER EMPLOYERS LIABILITY j + E.L. EACH ACCIDENT _ISl, 000, 000 .I E.L.DISEASE- EAEMPLOYEEI $l , 000 , 0 0 0 ! E.L. DISEASE - POLICY LIM1451 000 000 C 1 OTHER PROFE S S I ONAL IP1,700853 :11/09/98111/09 /99,$1,000,000 Per Claim !LIABILITY I I $1,000,000 Annual Aggr DESCRIPTION OF OPERATIONS /LOCATIONSR/EHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Re: Street Lighting City of Newport Beach, its elected officials, officers, agents, representatives and employees are Additional Insureds as respects General Liability & Auto Liability per endts attached. Waiver of Subrogation applies (See Attached Descriptions) City of Newport Beach Public Works Department Attn: Shawna Oyler 3300 Newport Blvd. Newport Beach, CA 92663 -3884 ACORD28- s(71971 #S5925/M287 DESCRIBEDPOUCES BE CANCELLED BEFOFETFE EXPIRATION DATETHEREOF,THE ISSUING INSURERWILLRaICKOVE X.7AIL3_0— DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHE LEFT CORPORATION 1988 DESAWIPTIONS (Continued from PMe 1) to General Liability. Waiver of Subrogation Endt for WC has been requested for the company to issue. If cancelled for non - payment of premium, 10 days notice given. (AI- CK /AI -AU CABI /CONTR /SBGL /SUB /X) 15.3 (07197) GENERAL ENDORSEMENT • • In consideration of an additional premium of N/A it is hereby understood and agreed that the following applies: [ X ] ADDITIONAL INSURED - CGB17504 CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES is /are Additional Insured/s as respects to work done by Named Insured. [ X ] WAIVER OF SUBROGATION - CG2404 It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured/s for project described in certificate attached hereto. [ X ] NOTICE OF CANCELLATION It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of premium, 30 days written notice will be sent to the following by mail CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 -3884 In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the above. Policy No.: PQ8573077 Effective Date: 3/10/99 Insurance Company: Reliance Insurance Company Issued to: Willdan Associates (;_ ��O Issue Date: 3/11/99 Authori ed ij prese ative S S v e 1.2f AS INSURED **1FFECTIVE 3110/99 PCLICY"NUMOSP POLICY AL -R(DD AVxEN Y PWM8EA PQ8573077 FROM: 11/09/98 TD: 11/09/99 NAKED ENSOREI : WILLDANASSOCIATES TNIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Hf5 ENDORSEMENT MOO tF1E5 {NSURANC " PROVIDED UNCER THE FOLLONING: BUSINESS AUTO COVERAGE FORM. GARAGE COVERAGE FORK. TRUCXERS COVERAGE FUR. CITY OF NEWPORT BEACH, ITS ELECTED NAMED PERSON (S) OR ORGANIZATCCN(S1: -��, E� EAC1i PERSON OR ORGANIZATION NAMED A30VS IS AY INSURED FCR LIABILITY COVERAGE. BL'T ONLY TO THE EXT;NT THAT PERSON OR CRGANIZATION QUALIFIES AS AN INSURED UNDER THE WHO IS AN INSURED PROVISION OF SZCTICB II — LIABILITY COVERAGE. COUNTERSIGNED 3111/99 BY (DATE) (AUTHO& ED RESENTATIVE) Gat 93 i4 06 90-S � o� LIN i �.l ie:'i O�'3V 1LLLKJ.7V ACD&Dw CERTIFICIftE OF LIABILITY INSU ANCE DATE(MMIDD/Yr 3/11/99 PRODUCES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. BOX 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Saxlna Ana, CA 92711 -OBSO ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW - 714 427 -6810 INSURERS AFFORDING COVERAGE INSURED INSUAERA:Reliance Insurance Company-AL.)'/ willdan Associates NSURERa:ZCIC (Zurich) 9 �C I✓ ,_ 888 S. West Street, #300 INSURERC:Design Prof. Ins_ Cow_ Anaheim, CA 92802 INSURER 0! INSURER E: IOVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUAiEMENT, TEAM OR CONDMION 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 CONCTIONS OF SUCH POUCTES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLANS. ' ILT TYPE OF INSURANCE POLICYNUMBER IPDACTEF I 13E POLICTEXPIRATION OMITS A 'GENERALLIABILRY PQ8573077 11/09/98 11/09/99 EACH OCCURRENCE 11. 000, 000 X: COMMERCIALQENERALLMILITY FIREDAMAGE(AMYOnel1re)750 00 CLAIMS MADB�x =CUR; _ I MED EXP (any pne paisOnl .15 , 00 •X %� CONTRACTUAL I I 'PERSONAL AAOV INJURY 131,000,000 GENERALAGGREGATE Il2, 000,000 OgfNLAGGREGATELIWTAPR.IESPER: PRODUCTG•COMPIOPAGG: 52_, 000, 000 POL:CY 7- PRO- F7 LOC A AUTOMOBILEuABILITY !PQ8573077 ;11/09/98 11109199 COMBINED SINGLE LIMIT 'Al, 000,000 X : ANY AUTO i _ A44 OWNED AUTOS i vxnran J Liability co o,,,y8.�,,thq BOBILY INJURY 5 (PW per;oe) _ SCHEDULEDAUTOS neFO�FewPefrOafe9$Ion.B1l a9we ""' limit lstntotal [Immim Iwalable X. HIRED AUTOS for all omred clam® pr6eented within the INJ RY 15 .900ICL'tt X NON -OWNED AUTOS limit — policy period. The runs will be reduced by lY - - -- - —_— payments for expenses.. PROPERTY DAMAGE .5 GARAGE UABIUTY AUTO ONLY. EA ACCIOENT: 5 — '`_ ANY AUTO OTHER THAN EAACC S .AUTO ONLY: AGG 5 EXCESS LIABILITY EACH OCCURRENCE 'S _ OCCUR CLAIMS MACE AGGREGATE I J T 5 _ DEDUCTIBLE v S RETENTION ! � ! B WORKERS COMPENSATION AND IWBN65201ACA 111/09/98111/09 /99 iX. °gxT "�TRCi iDea EMPLOYERS LAaIUTy E.L. EACH ACCIDENT IS1, 000, 000 •_E.L.DISEASE- EAEMPLOYEE$1, 000, 000 'E.L.DISEA - POLICY LIMH$1, 000 000 C: OTHER PROFESSIONAL PL700853 11/09/98i11/09/991$1,000,000 Per Claim LIABILITY $1,000,000 Annual Aggr DESCRIPTION OF OPERATIONSILOCA'nCNSrVEHICLES /EXC W SIONS ADDED BY ENDORSEMENT1SPEciAL PROV(SIONs Re: Street Lighting City of Newport Beach, its elected officials, officers, agents, representatives and employees are Additional Insureds as respects General Liability & Auto Liability per endts attached. Waiver of Subrogation applies (See Attached Descriptions) lSermlreTe YP11 nee t . reu!`CI I ATinu ACORD 25-S (7197) 1 OF 2 #S5925/M287 50 /ZO 'd _ O ACORD CORPORATION t9ea HIMS d80 WV Sb;60 AK 66 -11 -8N SHOULDANYDPTHEABCVE OE'SOYBEDPOLICES SE CANCELLED BFFOfETFEEJ9GUTi0N City of Newport Beach DATETHEREOF,THEISSUING INSURERWIL3MCZ0HGDIAAILa Z__DAYSWRRTEN Public Works Department I / Attn: Shawna Oyler (/� NOTICETOTHECEiRFICATE HOLDER NAMEOTOTHE LEFT oxaexoala 3300 Newport Blvd. 3GHEPOOMOIAKIIANNIL AUTMORIZED REPRESENrAnvE� Newport Beach, CA 92663 -3884 ACORD 25-S (7197) 1 OF 2 #S5925/M287 50 /ZO 'd _ O ACORD CORPORATION t9ea HIMS d80 WV Sb;60 AK 66 -11 -8N , DESCRIPTIONS (Continued from"Page 1) to General Liability. vWaiver of Subrogation Endt for WC has been requested foz the company to issue. If canccllmd for non - payment of premium, 10 days notice riven. (AI- CK /AI -AU CABI /CONTR /SBGL /SUB /X). 2 OF 2 #S59 9010 'd Hinos daa Wd 96 60 nu 66 -i i -aw e a a �.� a t•� tau o 0 In consideration of an additional premium of N/A , it is hereby understood and agreed that the following applies: CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES is/are Additional Insureds as respects to work done by Named Insured. [ X ] W AMR OF SUBROGATION - CG2404 It is understood and agreed that the Company waives the right of subrogation against the above Additional Insured/s for project described in certificate attached hereto. — • • M. kZ • It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of premium, 30 days written notice will be sent to the following by mail CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 -3884 In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the above. Policy No.: PQ8573077 Insurance Company: Reliance Insurance Company Issued to: Willdan Associates <Q`�D_1'I ,f�S Authorized Repr612�Ltdtive SUM 'd Effective Date: 3/10/99 Issue Date: 3/11/99 HMOS d60 Wd 90:60 Hi 66- 11 -8dW 0 0 AS INSURED **EFFECTIVE 3/1069 PCLICY'NLMBER I POLICY PEiR1017 AOENGY NUMSER P08573077 FROM: 11109198 TO; 11/09/99 NAAE.D tXSORED=: WILLDAN ASSOCIATES THIS ENDORSEMENT CHANGZS THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT AOOIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORA. CARM6£ COVERAGE FORA. TRUGICERS COVERA12C FORA. NAKED PERSON(S) OR OR0AN12ATi0N(g)1 CITY OF NEWPORT BEACH, ITS ELECTED OFFICIALS, �--- OFFICERS, AGENTS, REPRESENTATIVESANR..____ -... -� EMPLO` EAC4 P=RSOH OR ORGANIZATION NAMED ABOVS 15 AN INSURED FOR LIABILITY COVERAGE. ' ON OR ORGANI;ATION OUALIEL- �IXSUfIP•a CNM THE WHO IS Ax INSURED PROVISION Of SECTION II - LIABILITY COVERAGE. r _i 8 v 0 90/90 'd f1} ui u. f� u G S cwt w aaL u re�l�+.I P" o v "w w r d6 v COUNTERSIGNED 3111/99 BY (DATE) CA3I 83 15 05 80-5 KAOS HO WV 96:60 0141 66 -11 -M S. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. if symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in ITEM TWO of the Declarations. then you hay a covrnvgc for 'auto:' that you =quire of th. type dewiibui ror the r rnamder of the policy period. _. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declarations, an °auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coveragei and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TENTORARY SUBSTITUTE AUTOS If Liability Coverage is provided be this Coverage Form, the following types of vehicles are also covered "autos' for • Liability Coverage: 1. "Trailers" with a load capacin of 2,000 pounds or less designed primarily for travel on public roads. e 1 "Mobile equipment" while being carried or towed by a covered "auto." 3. Any "auto' you do not own while used with the permission of in owner as a temporan substitute for a covered "auto" you own that is out of service because of its: c a. Breakdown. b. Repair, C. Servicing; d. "Loss"; or e. Destruction. SECTION U - LLABLLITY COVERAGE A. COVERAGE We will pay all sums an "insure" legaliv must pay as damages because of " bodih' injure" or "property damage' to which this insurance applies, caused by an "`accident" and resulting from the ownership, maintenance or use of a covered `auto." We will also pay all sums an `insured" legally must pay as a "covered pollution cost or expense" to which this insurance aoolies, caused by an* accident" and resulting from the ownership, maintenance or use of covered "'autos." However, we will only- pay for the `covered pollution cost or axpense' if there is either "bodily_ injury" or Ipropem' damage" to which this insurance applies that is caused by the same "accident." We have the right and dun to defend any 'suit" asking for such damages or a "-covered pollution cost or expense." However. we have no dun to defend'-suits" for "bodily injury" or 'propem damage' or a `covered pollution cost or expense' not covered by this Coverage Form. We may investigate and settle anv claim or ­suit' as %ve consider appropriate. Our duty to defend or senle ends when the Liability Coverage Limit of insurance has been exhausted by_ payment of jude merits or settlements. 1. WHO IS AN INSURED The following are -`insureds ": a. You for anv covered "auto.' b. Anyone else while using mth your permission a covered "auto" you own. hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered 'auto." This exception does not apply if the covered `auto" is a "trailer" connected to a covered "auto" you own. (2) Your employee if the covered "auto" is owned by that employee or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing or parking "-autos" unless that business is vours. (4) Anyone other than your employees, partners. a lessee or borrower or any of thou employees, while moving proper to or from a covered "auto." (5) A partner of vours for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but onlv to the extent of that habiiin,. 2. COVERAGEEXTENS[ONS a. Supplementary Payments. In addition to the Limit of Insurance, we will pay for the "insured ": CA 00011290 -- zoizo 'a Hinos daa wd 55 : ED dni 66- EZ -aVW