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C-4171 - PSA for Corona del Mar Streetlight Improvement Project
PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. FOR CORONA DEL MAR STREETLIGHT IMROVEMENT PROJECT v THIS AGREEMENT is made and entered into as of this day of fR 2003—, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City'), and JMDiaz, Inc., a California Corporation whose address is 18645 East Gale Avenue, Suite 212, City of Industry, California, 91748 -1363 ( "Consultant "), 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 is planning to improve 35 City -owned streetlights along East Coast Highway between Avocado Avenue and Hazel Drive. C. City desires to engage Consultant to prepare construction documents for the streetlight improvement project in Corona del Mar ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Juan M. Diaz, President/CEO. F. 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 above written date, and shall terminate on the 31st day of December, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The • • City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 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 Twenty Two Thousand Nine Hundred Five Dollars and no /100 ($22,905.00) 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. 4.1 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) days after approval of the monthly invoice by City staff. 2 0 0 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved 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. 4.3 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. 5. PROJECT MANAGER 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 STEVE ITAGAKI 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. ROBERT STEIN shall be 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. i 0 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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 community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, 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. 0 0 9. HOLD HARMLESS 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from 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, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 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. Nothing in this indemnity shall be construed as authorizing any award of attorney's 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. 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 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. 5 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 and /or his /her duly authorized designee 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. I. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all N 0 0 Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the 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 for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. VA 0 • iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers, V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own 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. 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 cotenancy, 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 parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 9 0 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (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. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) 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. COMPUTER DELIVERABLES 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 CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. Q 0 0 19. 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 authorizes in writing the release of information. 20. 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 compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all 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. 22. 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 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. 23. 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 his /her 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. 10 0 0 24. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The 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. 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. 27. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Iris Lee, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3323 Fax: 949 - 644 -3318 11 0 0 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Itagaki, Project Manager JMDiaz, Inc. 18645 East Gale Avenue, Suite 212 City of Industry, CA 91746 Phone: 626- 820 -1137 Fax: 626- 820 -1136 28. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 29. 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. 30. 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. 12 0 31. INTEGRATED CONTRACT 0 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Ikllyn4-te _Bea �/bhamp Assistant City Attorney for the City of Newport Beach ATTEST: as fi J 4 7 t_eilani Brown, City CI .1WPr,_ CITY OF NEWP A Municipal QUI IIIs k.ity U iVt✓VVPUI L oIt CONSULTANT: B (Corporate Officer) Title:_ Print Name:z �-4` Dz.,MZ qL/ inan(cial Officer] Title: 4' t*qrf Print Name: :3 L44,, -J �A - —2, Attachments: Exhibit A -- Scope of Services Exhibit B -- Schedule of Billing Rates 14 EXHIBIT 0 City of Newport Beach Corona del Mar Streetlight Improvement Project preparation of final plans, specifications and estimates. Scope of Work Our proposed work plan has been specified as follows: Phase I — Preliminary Design Task 1.1— Project Administration, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. A total of four (4) meetings between the City and JMD will be held to keep all parties informed, resolve issues and successfully complete the project. Written progress reports will be prepared monthly to assess project progress, identify issues and outline planned work tasks and submittals. We anticipate no portions of the project are located within State right -of -way nor will require any special permitting. Task 1.2 — Research/Data CollecdonlU8lity Coordination JMD will obtain documentation and electronic files available from the City pertaining to this project. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing right -of -way and utility information in order to become familiar with the project, ascertain the completeness and accuracy of available information and determine additional information requirements. Field reviews will be performed to verify that existing information is correct or to identify existing facilities unavailable during research. Due to the straightforward nature of the project, field review(s) for the project could consist of the following: The project site will be field inventoried to determine existing and proposed locations of street lighting equipment, right -of -way, sidewalk and miscellaneous topographic features. Any recommended additions or deletions to the project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will coordinate with City staff to identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will assist City staff in coordinating with Southern California Edison Company. JMD will provide utility notices and coordination of plan review, approval, and adjustment with utility agencies. Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data of existing features provided by the City. Phase II — Design Task 11.1— Preliminary Plans After review and approval of the detailed recommendations, JMD will prepare preliminary construction plans for the proposed street lighting improvements. In addition, plans will comply with the regulations and standards of the City. The following outlines the specific details of the design plans: True Sheet JMD will prepare a title sheet containing a vicinity map, general and construction notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Street l.igh@ng Plens/DeWls JMD will prepare detailed street lighting plans at a scale of 1 '=40' using the City- provided title block. These plans will identify existing and proposed street lighting features as well as pertinent details. no IV-3 no JMD ggq,� • City of Newport Beach Corona del Mar Streetlight Improvement Project Deliverables The following are the estimated plan sheets and quantifies proposed for the project: Title Sheet 1 Street Lighting Plans 5 Street Lighting Details 1 Total 7 Task 11.2—Construction Bid Items, Specifications and Cost Estimate JMD will prepare a list of construction bid items, specifications and construction cost estimates for the project elements, which will include a proposed item list, estimated quantifies, and current unit cost resulting in line -item cost estimates. At the first plan check, a preliminary cost estimate will be developed for comparison with previous project budget estimates. Back -up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate to validate construction bids by contractors during the bidding process. JMD will submit preliminary plans, specifications, and construction cost estimates (PS &E) for the 75 %, 90 %, and 100% milestones to the City for review. Phase III — Final Approval Design Task 111.1— Addresslincorporate Comments and Prepare Final Approval Submittal JMD will address and incorporate review comments provided by the City departments for the project. We understand all blueprinting, photocopying and other related services will be coordinated through the City's reproduction company. Phase IV— Approval of Plans Task IV -1— AddressAncorporate Comments and Prepare Final Submittal JMD will address and incorporate review comments provided by the City departments for the project. JMD will submit sealed original ink on mylar plan sheets and digital engineering plans and drawings on diskettes in AutoCAD format; sealed original hard copy and diskette in MS Word format of the bid items, cost estimates, calculations and notes generated by the project. The following are the proposed deliverables: One (1) set of original signed title sheet on 24 "x36" mylar medium, construction bid items, specifications and cost estimates. One (1) set of original street lighting plans and detail sheets on 24 "x36" bond medium to be submitted to the City through the City's reproduction company. Digital files of project plans in AutoCAD format on CD medium. Phase V — Post Design Task V -1— Bidding and Reconstruction Assistance JMD will assist in answering questions regarding omissions or conflicts in the design during the bidding process and preconstruction meeting. This task includes the preparation of addenda regarding omissions or conflicts in the design as well as answering questions during the construction process and supporting the City's efforts in issuing change orders. Task V- 2— As -Buift Plans JMD will prepare record drawings from as -built conditions upon completion of construction. :: JMD IVA ( City `�f,WPp f B of Newport Beach Corona del Mar Streetlight Improvement Project 5. PROTECT SCHEDULE Duration from obtaining a Notice -to- Proceed (NTP) and all information indicated above from the City of Newport Beach. May vary depending on required agency review time. :: JMD t Weeks (from NTP)' Phase/Task 2 4 6 9 11 14 16 19 20 Research and Data Collection Draft 75% PS &E City Review" Pre -Final 90% PS &E City Review" 100% PS &E City Review" Final Submittal Duration from obtaining a Notice -to- Proceed (NTP) and all information indicated above from the City of Newport Beach. May vary depending on required agency review time. :: JMD t ea Poq • . >` a City of Newport Beach Corona del Mar Streetlight Improvement Project r � U C os.�� 6. FEE PROPOSAL The JMD Team's proposed fee is detailed in the Cost Summary submitted under separate cover and includes hours and other direct costs by task. This fee is negotiable pending refinement of individual tasks and schedule. :: JMD EXHIBIT'B' :: JM13 Cost Summary` Corona del Mar Streetlight Improvement Project City of Newport Beach Submitted by: JMD February 13, 2009 PROJECT SrON tj .1 PHASE - PRELIMINARY DESIGN W, TOTAL We Prolecl Admmisua0oNAleet, gsCoordinanon^ t 4 E $ec0 a95y • oelivenesMaeagelReproducUOn 1.2 Research/Data Collectkn/Utili Coordination' PHASE 11 - DESIGN 1 18 16 33 $100 $2,390 ' Delivenes/AAikagelReproduc0on II -la Title eat (I sheet) 1 8 i6 25 $100 $2150 ' Oelivedes/MileageiReproductlon II -lb Street Lighting Plans IS sheets) 0.5 2 a0 80 122.5 $100 $10,055 " Delivedes/Mileage /Reproduction II -2 Construction Bid Items, Specifications and Cost Estimate 0.5 1 16 2 19.5 $100 $1,855 " Deliveries/Miteage/Reproduction PHASE III FINAL APPROVAL - DESIGN III -1 Atldressancorporate Comments end Prepare Final Approval el Plans 1 .5 11 81 161 100 $2,290 "Deliveries /Mlles a /Reproduction PHASE IV -APPROVAL IV -7 tAddresslincorporate Comments and Prepare AODMVal of Plans 0.5 1 at 81 11 18.5i sloot $1,690 ' Delivedes/Mileage /Re roduction PHASE V - POST DESIGN V -1 Bidding and Preconstruction Assistance 2 2 2 6 $420 V -2 As -guilt Plans 1 2 8 2 13 $100 $1,100 e/Reproductlon Deliveries/Mileage/Reproduction TOTAL ESTIMATED LABOR HOURS 3 12 100 130 25 270 TOTAL ESTIMATED DESIGN COST $22,905 Notes: a Assumes four (4) meetings for the entire project. b Potholing for the proposed improvements is optional but highly recommended and not included in our cost proposal. C Rates are subject to a 5% annual increase on January 1. Ilk J 0 0 AC"REIr CERTIFICATE OF LIABILITY INSURANCE ............................ Datelmm /eelyy) 3/17/2009 Producer THIS CERTRICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFLRS NO RIGHTS UPON THE CERTIFICATE HOLDER. Complete / EPIC Insurance 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER Hartford Insurance Group (949) 263 -0606 www.Completelnsurance.com INSURER St. Paul Travelers Insured INSURER JIM Diaz, Inc. INSURER DBA: JMD 18645 East Gale Ave Ste 212 City of Industry CA 91748 INSURER 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY GENERAL LIAB CLAIMS MADE OCCUR 72SBAAG4993 5/10/2008 5/10/2009 EACH OCCURRENCE E 1,000,000 FIRE DAMAGE (Any one fire) _ S 50,000 MED EXP (An one person) $ 5,000 TMMERC1AL PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2.000.000 GEN'L AGG LIMIT APPLIES PER PRODUCTSCOMP /OP AGG S 1,000.000 S ED , ROJECT LOC A AUTOMOBILE LIABILITY ANY AUTO 72SBAAG4993 5/10/2008 5/10/2009 1 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) S BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per acciaen) S PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY . EA ACCIDENT S OTHER THAN EA ACC S ANY AUTO AUTO ONLY: AGG$ A EXCESS LIABILITY OCCUR [D CLAIMS MADE 72SBAAG4993 5/10/2008 5/10/2009 EACH OCCURRENCE S 2 000 0 00 AGGREGATE S 2.000,000 S S DEDUCTIBLE RETENTIONS 10,000 S A O TION S EMPLOYERS' ABILITY 72WECNZ9110 6/27/2006 6/27/2009 LIMIT THER . El EACH A CCID ENT S 1 OOO OOO ASE ] EA EMPLOYEE $ 1 OOO OOO 1112 EL DISEASE POLICY LIMIT S 1 B Professional OP03808412 4/8/2008 4/8/2009 $2,000,000 per Claim Liability $2,000,000 per Aggregate DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Waiver of Subrogation for Workers' Compensation per form WC 99 03 04. Primary and Non - Contributory wording included per form SS 00 08 04 05. Certificate holder is additional insured on general liability per page 11 & 12, item 6 of form SS0008(04 /05) attached but only if required by written contract with the named Insured prior to an occurrence. Subject to all policy terms andyconditions. CERTIFICATE HOLDER: ..': CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach Department of Public Works p Attn: Shari Rooks 3300 Newport Blvd. Newport Beach CA 92663 -30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. SENTATIVES. - tU Days for NOnYbynemt M Premium. AUTHORIZED r� REPRESENTATIVE \ y Ivan Eskenazia ACORD 25-S (7/97) © AC,C'1J2000RPORATION 1988 :; LnC Bn er.ln0 +x �VEe naq <e li l^ rC9 '.na, �e ur Y.:Je 0 O 4ERT.1FICATE =AgOAgDO Iwnwd JM Diaz, Inc. DBA: JMD 4002 S. Hackley Ave. West Covina CA 91792 Certificate holder is defined as follows- Issue City of Newport Beach Department of Public Works Attn: Shari Rooks 3300 Newport Blvd. Newport Beach CA 92663 fhlc: 3117!2009 The City, its elected or appointed officers, officials, employees, agents and volunteers are named as additional insured on a primary and non - contributory basis but only when required by written contract with the named insured prior to an occurrence subject to all policy terms and conditions. ('1iPt F a4. P $p ➢11! I�u4ni 1:11 (�? 1: :l .l N' �� C[ 1. JIM Diaz, Inc. DA*J MID (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or o 'volunteer worker"), or any organization while acting as your real estate manager. C. Temporary Custodians Of Your Property Any person or organization having proper o temporary custody of your property if you o die, but only: (1) With respect N pect to liability arising out of the maintenance or use of that property; and ro (2) Until your legal representative has °o been appointed. d. Legal Representative If You Die Your legal representative if you die, but ! only with respect to duties as such. That representative will have all your rights and E= duties under this insurance. e. Unnamed Subsidiary Z Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity Of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to cm injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be o an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 04 05 CENT NO.: 4620058 Saaha Hager 3/19/2009 10:23:50 M page 3 of 11 72&G4993 3/17/2009 BUEAftS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) 'Bodily injury" or "property damage" that occurred; or (2) 'Personal and advertising injury, arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment VviUt respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only If no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person driving the equipment; or b. 'Property damage" to property owned by, rented to, In the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. 'Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a, through f. below are additional insureds when you have agreed, in a written Page 11 of 24 0 0 BUSINESS LIABILITY COVE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the peril. with the distribution or sale of the A person or organization is an additional products; (f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or peril. at the vendors premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an (g) products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled used a including all persons or organizations added r i of container, part ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. — Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own ads or omissions or those of "badly injury" or "property damage" arising its employees or anyone else out of 'your products" which are distributed acting on its behalf. However, this OF sold in the regular course of the vendors exclusion does not apply to: business and only W this Coverage Part (I) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs (d) or (f); or "property damage" included within the "products- completed operations hazard ". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally undertakes to make in the usual exclusions: course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement; (b) Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor, caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 For SS 00 08 04 05 CeRT NO.. 4630050 Sasha Hager 1/19/2009 10:33:50 Mt page 4 Of 11 BUS&S LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any "occurrence" (1) Any state or political subdivision, but which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for C. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises le le ased to you. (a) "Bodily injury", "property damage" r, w (2) With respect to the insurance afforded or "personal and advertising injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or Any "occurrence" which takes (a) (b 1 "Bodily in) ury" or "property damage" o place after you cease to lease that included within the 'products- land or be a tenant in that completed operations hazard ". premises; or L Any Other Party (b) Structural alterations, new (1) Any other person or organization who 0 construction or demolition operations performed by or on is not an insured under Paragraphs a. 1°n behalf of such person or through e. above, but only with organization. respect to liability for "bodily injury", d. Architects, Engineers Or Surveyors "Property damage" or "personal and advertising injury" caused, in whole or 0) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; c the ads or omissions of those acting on (b) In connection with your premises your behalf (a) In connection with your premises; owned by or rented to you; or or (c) In connection with "your work" and (b) In the performance of your included within the "products- completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides bodily injury", "property damage" or .personal coverage for "bodily injury" or and advertising injury" "property damage" included arising out of the rendering of or the within the "products OW failure to render any professional completed operations hazard ". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: — maps, shop drawings, opinions, reports, surveys, field "Bodily injury ", "property damage" or orders, change orders, designs or personal and advertising injury" drawings and specifications; or arising out of the rendering of, or the (b) Supervisory, inspection, failure to render, any professional architectural, engineering or surveying architectural or engineering services, including: activities. Form 33 00 05 04 05 Page 13 of 24 CENT NO.: 4630059 Sasha Hager 3/17/3009 10:23:50 AM Page 5 Of I1 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS COMPENSATION BROAD FORM ENDORSEMENT a Policy Number: 72WECNZ91 10 Endorsement Number: Effective Date: 6/27/2008 Effective hour is the same as slated on the Information Page of the policy. m Named Insured and Address: JM Diaz, Inc. DBA: JMD 0 City of Industry CA 91748 m a, y Section 1 of this endorsement expands coverage provided under WC 00 00 00, Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. ° 0 • You may use the index to locate these coverage features quickly: INDEX ^� SUBJECT PAGE SECTION 2 ® PARTS ONE and TWO 2 _— 01 We Will Also Pay 2 PART-THREE 2 — 02 How This Insurance Works 2 c PART - SIX 2 03 Transfer of Your Rights and Duties 2 e 04 Liberalization 2 SECTION 11 2 VOLUNTARY COMPENSATION INSURANCE 2 a 05 Voluntary Compensation Insurance 2 A. How This Insurance Applies 2 B. We will Pay 2 - — C. Exclusions 3 � D. Before We Pay 3 °a E. Recovery From Others 3 F. Employers' Liability Insurance 3 EMPLOYERS' LIABILITY STOP GAP COVERAGE 3 11511111ill 06 Employers' Liability Stop Gap Coverage 3 v A. Stop Gap Coverage Limited Montana, North Dakota, Ohio, Washington, 3 West Virginia and Wyoming Gm— B. Part One does not Apply 3 .r C. Application of Coverage 3 D. Additional Exclusions 3 E. West Virginia 3 SECTION III 3 07 Schedule of Covered Slates 4 Form WC 99 03 04 B Printed in U.S.A. (Ed 6 100) Process Dale ® 2000, The Hartford C.NT NO.: 462NQSB Sash, ..,e 1/11/]009 11:11 111 . V.,P , 0£ 11 Policy Expiration Date: Page I of 4 0 SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY Paragraph 1 of D. We Will Also Pay of Part One {WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is amended as follows: We Will Also Pay 1. reasonable expenses incurred at our request, but not loss of earnings; is changed to: 1. reasonable expenses incurred at our request; INCLUDING loss of earnings. PART THREE 2. How This Insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date or this policy in any state not listed in Item 3A. of the 0 Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following; Your rights or duties under this policy may not be transferred without our written consent. If you the and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberallz ilfon If we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this Policy. It will apply when the change becomes effective In your state. SECTION 11 VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily injury must arise out of and in the course of employment or incidental to work in a slate shown in Item 3A, of the Information Page, 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere it the employee is a United States or Canadian citizen, or Form WC 99 03 04 B Printed in U.S.A. (Ed. 8)00) PERT NO r 4620056 Saeha Hegel 3/11/2009 10:23:50 AM Page 7 of 11 otherwise legal resident, and legally employed, in the United Slates or Canada and temporarily away from those places. 4. Bodily Injury by accident must occur during the policy period. S. Bodily injury by disease must be caused or aggravated by the conditions of the officer's or employee's employment. The oficef's or employee's last day of last exposure Io Iha condgions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and Your employees were subjacl to the workers' compensation law of any state shown in Item 3.A. of the Information Page. We will pay those amounts to the persons who would he entitled to them under the law. Page 2 of 4 w 0 0 m T n r 0 N 0 t� s t9r O a 0 C. Exclusion This insurance does not cover: /, any obligation imposed by workers' compensation or occupational disease law or any similar law. 2. bodily injury intentionally caused or aggravated by you. 3. officers or employees who have elected not to be subject to the state workers' compensation law. 4. partners or sole proprietors not covered under the Standard Sale Proprietors, Partners, Officers and Others Coverage Endorsement. D. Before We Pay Before we pay benefits to the persons entitled to them, they must: 1. Release you and us, in writing, of all responsibility for the injury or death. 2. Transfer to us their right to recover from others who may be responsible for the injury or death. 3. Cooperate with us and do everything necessary to enable us to enforce the right to recover from others. If the persons entitled to the benefits of this insurance fail to do those things, our duty to pay ends at once. It they claim damages from you or from us for the injury or death, our duty to pay ends at once. Recovery From Others It we make a recovery from others, we will keep an amount equal to our expenses of recovery and the benefits we paid. We will pay the balance to the persons entitled to it. If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers'Llability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the Stale of Employment was shown in Item 3.A. of the Information Page. EMPLOYERS' LIABILITY STOP GAP COVERAGE 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming. B. Part One (Workers' Compensation Insurance) does not' apply to work in stales shown in Paragraph A above. C. Part Two (Employers' Liability Insurance) applies in the slates, shown in Paragraph A., as though they were shown in Item 3A, of the Information Page. D. Part Two, Section C. Exclusions is changed by adding these exclusions. This insurance does not cover, S. bodily injury intentionally caused or aggravated by you or in Ohio bodily injury resulting from an act which is determined by an Ohio court of law to have been committed by you with the belief than an Injury is substantially certain to occur. However, the cost of defending such claims or suits in Ohio is covered. 13. bodily injury sustained by any member of the flying crew of any aircraft. 14. any claim for bodily injury with respect to which you are deprived of any defense or defenses or are otherwise subject to penally because of default in premium under the provisions of the workers' compensation law or laws of a stale shown in Paragraph A. E. This insurance applies to damages for which YOU are liable under West Virginia Code Annol. S234-2. SECTION III 7. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed In this Schedule of Covered States. Form WC 9903 048 Pdnted in U.S.A. (Ed. 0100) CBRT NO.: 4630058 Sasha Hager 3/17/2009 10:23:50 AM Page 8 of 11 S. If a slate, shown in Item 3.A. of the Information Page, approves this endorsement after the effective dale of this policy, this Page 3 of 4 0 endorsement will apply to this policy. The coverage will apply in the new state on the effective dale of the state approval. C. Schedule of Covered States: AR Counlersigned by Form WC 9903 04 B Printed in U.S.A. (Ed. 8/00) CENT NO.: 9630058 SaeRa eagez 3/11/2009 10:33:50 AM Page 9 Of 11 E Authorized Represanfaeve Page 4 of 4 JIM Diaz, Inc. • 72SBAAG4993 • 311712009 DBA: JMD BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy Is certified as proof of financial responsiblRy for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily Injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terns of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should tail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. T. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: Page 16 of 24 cRff cria84edw"Wactory° Pmtfial ,wersiottwww.pdffactory.com a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work "; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Form SS 00 06 04 05 0 0 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self - added as an additional insured by that insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, k any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance perks additional insured under this Coverage contribution by equal shares, we will follow Park: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the otter insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer's share is based on the ratio of its by the method described In c, applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 6. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non - contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do Insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit. If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization In a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 09 08 64 05 Page 17 of 24 cPf>F createdro R"lgdfFec4oTrPwt0aPver www.pdffactory.com Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/23/09 Dept. /Contact Received From: Shauna Oyler Uate Completed: 3/23/09 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: JM Diaz, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Hartford Insurance Group B. AM BEST RATING (A: VII or greater): AXV 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 Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. 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 ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Insurance Group B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: Hartford Insurance Group B. AM BEST RATING (A: VII or greater): AXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No • Oyler, Shauna From: Lee, Iris Sent: Wednesday, March 18, 2009 10:50 AM To: Oyler, Shauna; Rooks, Shari Subject: CDM Streetlight Contract From: Juan Diaz [mailto:]MDiaz @jmdiaz.com] Sent: Wednesday, March 18, 2009 10:02 AM To: Lee, Iris Cc: Steve Itagaki Subject: Contract Iris, 0 You can go ahead and replace the page in the contract which I had taken exception to pertaining to insurance limits. Juan M. Diaz, PE, MBA I President/CEO JMDiaz, Inc. (JMD) 18645 East Gale Avenue I Suite 212 City of Industry, CA 91748 -1363 (626) 820 -1137 Tel 1 (626) 820 -1136 Fax www.imdiaz.com 1