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HomeMy WebLinkAboutC-4841(A) - PSA for 2011-2012 Traffic Signal Rehabilitation ProjectAMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG & CRABILL, INC. FOR 2011 -2012 TRAFFIC SIGNAL REHABILITATION PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERYJCES AGREEMENT ( "Amendment No. TWO "), is entered into as of this ]L_ day of \ I �1�� _,2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ('City "), and HARTZOG & CRABILL, INC. a California Corporation, whose address is 275 Centennial Way, Suite 208, Tustin, California 92780 ( "Consultant "), and is made with reference to the following: RECITALS: A. On September 21, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for design services for the 2011-2012 Traffic Signal Rehabilitation Project ( "Project "). B. On March 27, 2012, City and Consultant entered into Amendment No. One to the Agreement to increase the scope of work, increase the total compensation and extend the term of the Agreement to December 31, 2012 ( "Amendment No. One "). C. City desires to enter into this Amendment No. TWO to reflect additional services not included in the Agreement or prior Amendment and to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended shall be supplemented to include the Scope of Services dated April 17, 2012, which is 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. 2. COMPENSATION Section 4.1 of the Agreement as amended shall be amended in its entirety and replaced with the following: 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed Forty -Five Thousand, One Hundred Two Dollars and no /100 ($45,102.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 2.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Two including all reimbursable items and subconsultant fees, in an amount not to exceed Eight Thousand, Five Hundred Dollars and no /100 ($8,500:00), without prior written authorization from City. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] HARTZOG & CRABILL, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. TWO on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ; /Z By: Aaron C. Harp „SA City Attorney I ATTEST / o - Date: B, r,r Leilani f. Brown City Clerk CITY OF NEWPORT BEACH, A California m nicipal corporation Date: �� Z c Works Director CONSULTANT: HARTZOG & CRABILL, INC., a California Corporation Date: t By: . Trammell Hartzog President D G Secretary [END OF SIGNATURES] Attachment: Exhibit A — Additional Services to be Performed HARTZOG & CRABILL, INC. Page 3 Mr. Brad Sommers, P.E. April 17, 2012 SCOPE OF SERVICES Task I — Project Management / Coordination / Meeting Attendance HCI has a thorough understanding of this project and is ready to begin work upon receiving the City's notice -to- proceed. Mr. Mark Esposito, PE, TE, will first schedule and attend a pre- design conference with City of Newport Beach Engineering staff to discuss project design objectives, scope, and schedule. Substructure and right -of -way information, City design standards, updated City utility contact list, and other existing documentation will be obtained from the City for use as a base in the initial design effort. Task 2— Traffic Signal Modification Plan, Specifications, and Estimates (PS &E) Following the kick -off meeting, HCI will then complete the necessary fieldwork at the project location to verify existing conditions. Our fieldwork will include assessment of all traffic signal equipment for possible update to current standards. All existing curb ramps will be visually inspected in the field for style /truncated dome, and measured using a smart -level for grade /slope, and compared to current standards. If needed, changes to the curb ramp will be `field- fitted'-and noted on our plans in order to determine if signal pole relocation will be necessary. The base drawings will be completed by incorporating information obtained from our site visit and the existing intersection drawings for the preparation of the new traffic signal modification plan design. 90% Design Drawing Using all record drawings and field data obtained, HCI will prepare a preliminary traffic signal modification plan showing the existing intersection improvements. As part of our substructure investigation, HCI staff will prepare utility notification letters for all affected utilities at these intersections including handling responses to each notice. After incorporating all utility facilities, a 90 %- complete traffic signal modification plan will be prepared that takes existing intersection geometry into consideration and other factors that may influence the design or operation of the signal system. HCI will submit a 90% progress submittal to the City of Newport Beach for design review and comment. Comments received during this review will be incorporated into the 100 % submittal. Mr. Brad Sommers, P.E. April 17, 2012 SCOPE OF SERVICES: Task 2— Traffic Signal PS &E (continuer) 100% Design Drawing Upon receipt of the City's comments during the 90% review, HCI will prepare a 100% -level traffic signal modification plan. All signal work shown on the plan will be designed in conformance with Section 86 of the State of California (Caltrans) Specifications and Standard Plans, May 2010 Edition, and will also be compliant with the City of Newport Beach Design Criteria Standard, and applicable technical provisions. The traffic signal modification plan will include: General and construction notes, phase diagram, conductor, detector and pole schedules, and other details necessary for construction. The traffic signal modification plan will be prepared at 20 -scale using AutoCAD and plotted on `D' size (24 "06 ") sheet with standard City title block. The plan will address all 90% plan - check comments along with any new concerns. HC1 will provide the City with the 100% submittal including special provisions and construction estimates for review and comment. Comments received during this review will be incorporated into the final submittal. Final PS&E Upon review and final approval by the City of the 100% engineering plan, a final plan set, including special provisions and construction estimates, will be submitted. These will include construction item lists with quantity extensions and definitions suitable for bidding. The final products will include a complete set of the traffic signal modification plan sheet, specifications, and estimate and a reproducible black line "original" mylar plan set signed and sealed by a California licensed Civil Engineer. Task 3— Traffic Signal Timing & Coordination Plans As requested by the City, HCI will prepare updated traffic signal timing sheets for the Superior/Ticonderoga intersection for integration into the Econolite controller and Centracs traffic signal management software. These timing plans will be submitted to the City in Econolite controller format showing each timing and coordination plan (stand -by, amhnidday /pm coordination). HCI will revise existing traffic signal timing coordination plans for the Superior/Ticonderoga intersection using turning movement counts provided by the City. Task 4 —As -Built Construction Plans Once construction of this project is completed, HCl will collect the contractor's final red -lined plans that are submitted to the City, and prepare /submit As -Built Plans in AutoCAD to the City of Newport Beach as record file drawings. Mr. Brad Sommers, P.E. April 17, 2012 SCHEDULE Upon receipt of the City's notice -to- proceed, HCI will immediately schedule a pre- design conference with City staff in order to further discuss project design objectives, scope, and schedule. From the date of the kick -off meeting the entire project schedule to complete the design is estimated to be eight (8) weeks, which does not include City review periods. PROFESSIONAL FEES HCI is proposing a total fixed fee "not -to- exceed" cost of $8,500.00 to complete all tasks for this project as described in our Scope and Services sectign. Our man hour cost breakdown per task is attached for the City's review: SCOPE ASSUMPTIONS: • Meeting Attendance (I project meeting). • One Traffic Signal Modification Design Plan. • If Necessary, ADA Ramps Replacements Will Be Shown on the Modification Plan. • Coordination Timing Revisions at Superior/Ticonderoga. • City to Provide Peak -Hour Count Data for Superior /Ticonderoga. SCOPE EXCLUSIONS: • Design Survey. • Design Pot - Holing. • ROW Determination /Engineering. • Fiber Optic Interconnect Plans & Details. • Signing & Striping Plans. • Traffic Control Plans. M AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG & CRABILL, INC. FOR 2011 -2012 TRAFFIC SIGNAL REHABILTIATON PROJECT THIS AMENDMENT NO. ONE TO PROFES,$IONAL SERVICES AGREEMENT ( "Amendment No. ONE "), is entered into as of this -today of MWh/ 2012, by and between the CITY OF NEWPORT BEACH-,a California Municipal Corporation ( "City "), and HARTZOG & CRABILL, INC. a California Corporation, whose address is 275 Centennial Way, Suite 208, Tustin, California 92780 ( "Consultant "), and is made with reference to the following: RECITALS: A. On September 21, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for design services for the 2011 -2012 Traffic Signal Rehabilitation Project ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2012, and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2012, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated March 5, 2012, which is 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. COMPENSATION Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Six Thousand, Six Hundred Two Dollars and no /100 ($36,602.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Seven Thousand, Five Hundred Dollars and no /100 ($7,500.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. HARTZOG & CRABILL, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I / IS /I2. By: 'At�L (4,2 Aaron C. Harp City Attorney 64\11 ATTEST: Date: 3 �1 V City Clerk 44.- CITY OF NEWPORT BEACH, A Califorgiaynunicipal corporation Badum s Director CONSULTANT: HARTZOG & CRABILL, INC., a California Corporation Date: By: Trammell Hartzog, President LIM Secretary .) -i6 Za /Z Stock, Attachment: Exhibit A — Additional Services to be Performed HARTZOG & CRABILL, INC. Page 3 C HARTZOG & CRABILL,Inc. L Trammell Hartzog, President Jerry Crabill, P.E., (Retired) Gerald J. Stock, P.E, Executive Vice - President 275 Centennial Way Suite 208 Tustin, CA 92780 Phone: (714) 731 -9455 PAX: (714) 731 -9498 www.hartzog -crabi ll.coni March 5, 2012 Mr. Brad Sommers, P.E. Senior Civil Engineer City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -3884 Subject: Additional Work Request Summary for 2011 -2012 Traffic Signal Rehabilitation Project Contract No. 4841 Dear Mr. Sommers: The following is a summary of the additional work performed by HCI at the request of the City for the intersection of Coast Highway and Marguerite Avenue as part of the subject contract: Prepare traffic signal, median, and signing /striping modification designs for the intersection of Coast Highway and Marguerite Avenue. Design plans to include one (1) traffic signal modification plan, one (1) traffic signal removal plan, and one (1) detail sheet. Removal and replacement of access ramps, modification of the median, and changes to signing /striping will be shown on the traffic signal modification plan with construction notes. Any necessary details for construction will be shown on the detail sheet. Specific modifications to the traffic signal will include the installation of protected-permissive signal phasing for east and westbound Marguerite Avenue and the removal of median - mounted signal poles for north and southbound Coast Highway. Bid items for these items will be added to the project specifications and an estimate of probable construction cost will be prepared for each aspect of the work. Our fee for this additional work is: $7,500.00. Thank you again for the opportunity of working with you on this project. If you have any questions or need more information please feel free to call me at (714) 731 -9455. Very truly yours, HARTZOG & CRABILL, INC. Trammell Hartzog President Consulting Traffic Engineers to Government Agencies V PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG & CRABILL, INC. FOR 2011 -2012 TRAFFIC SIGNAL REHABILITATION PROJECT THIS AGREEMENT PRO SSIONAL SERVICES ( "Agreement ") is made and entered into as of this l day of 2011 by and between the CITY OF \ NEWPORT BEACH, a California Mun cipal Corporation ( "City "), and HARTZOG V CRABILL, INC., a California corporation ( "Consultant"), whose address is 275 Centennial Way, Suite 208, Tustin, CA 92780 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 conducting the annual traffic signal rehabilitation. C. City desires to engage Consultant to provide design services for the 2011 -2012 Traffic Signal Rehabilitation Project. ( "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 Mark Esposito. 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 July 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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. 3.2 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. 3.3 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 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the 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 -Nine Thousand, One Hundred Two Dollars and no /100 ($29,102.00) 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. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 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: 4.3.1 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. Hartzog Crabill, Inc. Page 2 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.5 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final Work under this Agreement 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Mark Esposito to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Brad Sommers or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 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. Hartzog Crabill, Inc. Page 3 7.1.2 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. 7.1.3 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Hartzog Crabill, Inc. Page 4 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. 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. 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 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 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Hartzog Crabill, Inc. Page 5 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 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, blanket contractual liability. 14.6 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 accident. Hartzog Crabill, Inc. Page 6 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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 Hartzog Crabill, Inc. Page 7 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. 17. OWNERSHIP OF DOCUMENTS 17.1 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 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 Hartzog Crabill, Inc. Page 8 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. 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. 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. 21. 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. 22. 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. Hartzog Crabill, Inc. Page 9 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 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: Brad Sommers Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3326 Fax: 949 -644 -3318 26.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Hartzog Crabill, Inc. Page 10 Attention: Mr. Mark Esposito Hartzog & Crabill, Inc. 275 Centennial Way, Suite 208 Tustin, CA 92780 Phone: 714 - 731 -9455 Fax: 714 - 731 -9498 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are, reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 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. STANDARD PROVISIONS 29.1 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. Hartzog Crabill, Inc. Page 11 29.2 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. 29.3 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. Hartzog Crabill, Inc. Page 12 29.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Hartzog Crabill, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE THE)CITY ATTORNEY Date: By: Leonie Mulvihill Assistant City Attorney / ATTEST: �� l Date: By: -4 Vv'VI, ' ' hvll'� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California murXcipal corporation Date: in wepn . ttaaum Publ' Works Director CONSULTANT: HARTZOG & CRABILL, INC., a California Corporation Date: 9-6 1 I. By: Trammell Hartzog, President Date: `f fioa�'LgArad J. Stock, Secretary Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Hartzog Crabill, Inc. Page 14 EXHIBIT A CITY OF NEWPORT BEACH 2011 -2012 Traffic Signal Rehabilitation Project CONTRACT NO. 4841 June 23, 2011 Design Services Scope of Work A. Project Description The 2011 -2012 Traffic Signal Rehabilitation Project includes traffic signal rehabilitation work at the following existing locations: 1. Coast Highway /Jamboree Road; 2. Superior Avenue /Placentia Avenue; and 3. Jamboree Road /Ford Road - Eastbluff Drive. In addition to traffic signal equipment replacement, existing curb ramps and push -button heights shall be reviewed for A.D.A. compliance. Coast Highway /Jamboree Road Rehabilitation at this location includes new traffic signal equipment. Existing traffic signal poles and conduit shall be assessed for replacement during the design process. Current signal phasing will remain at this location. Superior Avenue /Placentia Avenue Rehabilitation at this location includes new traffic signal equipment. Existing traffic signal poles and conduit shall be assessed for replacement during the design process. Traffic signal phasing at this location will be revised to include split phasing for the eastbound and westbound Placentia Avenue Traffic. Revised traffic signal timing (stand -by, am /midday /pm weekday coordination) shall be included in the scope of services. Jamboree Road /Ford Road- Eastbluff Drive Rehabilitation at this location includes new traffic signal equipment. Existing traffic signal poles and conduit shall be assessed for replacement during the design process. Current signal phasing will remain at this location. Coast Highway /Marguerite Avenue 2011 -12 Traffic Signal Rehabilitation Project SCOPE OF WORK Page 2 Work at this location shall consist of an Operational and Turning Path Analysis. The intersection shall be reviewed for traffic signal phasing and geometric improvements that could be implemented to improve the flow of traffic while minimizing impacts to the operation of Coast Highway and parking. B. Scope of Services The Consultant shall be responsible for providing complete design services for the project in accordance with the May 2006 State of California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, latest City- approved Standard Specifications for Public Works Construction (which, as of this date is the 2003 Edition) and the City of Newport Beach Design Criteria, Standard, Standard Special Provisions and Standard Drawings (2004 Edition), including supplements. Services shall include the following as a minimum: 1. Provide a design schedule showing times of completion and milestones for each task. Include at least four meetings of approximately one hour duration each at City Hall. 2. Conduct a field review of existing facilities. 3. Prepare 20 scale traffic signal modification plans including traffic signal design, schedules, details, service location and existing utilities to rehabilitate the traffic signal for the intended operation. All drawings shall be transmitted on a CD to the City in AutoCAD 2007 or later in ".dwg" file and ".pdf' file formats. All written documents shall be transmitted to the City, in the City's latest adopted version of Microsoft Word and Excel, and original signed and stamped plans upon completion of the project. 4. Perform substructure investigation, including coordinating pothole efforts by utility companies as needed, and prepare and distribute first and second utility notices including handling responses to each notice. All utility facilities shall be shown on the drawings. Plans shall be signed and sealed by a California licensed Civil Engineer. 5. Prepare traffic signal timing and coordination plans for integration into Econolite ASC /3 controllers and Centracs traffic signal management software. Timing plans shall be submitted to the City in Econolite ASC /3 format for each timing and coordination plan (stand -by, am /midday /pm coordination). The modified intersection shall be coordinated with other corridor intersections or a City- defined corridor group. Traffic signal timing coordination plans shall be modeled with Synchro software. Synchro files shall be transmitted to the city on a CD in Synchro 6.0 format. 6. Prepare a technical memorandum for the operational analysis of the Coast Highway /Marguerite Avenue intersection. 7. Provide coordination of construction document review, including utility adjustment by utility companies and other agencies. 2011 -12 Traffic Signal Rehabilitation Project SCOPE OF WORK Page 3 8. Prepare complete contract documents using the City's standard template documents, including general and special provisions, traffic signal special provision supplemental, quantities, proposals, and Engineer's Estimate. 9. Prepare CAD "record drawings" from construction information provided by the City. CONSTRUCTION ENGINEERING ASSISTANCE When requested by the City, the consultant shall be available for: 1. Attending pre -bid and pre- construction meetings. 2. Reviewing shop drawings and other submittals. 3. Monitoring construction progress, advising . the City with respect to the contractor's general conformance to drawings and specifications, visiting the site, and making field recommendations. 4. Revising the drawings and /or special provisions. 5. Preparing addenda to the specifications. 6. Preparing "Record Drawings" drawings. C. Progress Submittals Progress submittals and /or meetings will be required prior to execution of the contract documents. Milestone submittals are: 2. 3 13 A 75 percent design review. Consultant shall, as a minimum, submit preliminary title sheet, plan sheets, including details and sections, and preliminary quantities and cost estimates. 90 percent design review. Consultant shall, as a minimum, submit 90 percent plans, completed specifications, 90 percent quantities and cost estimates, and traffic signal timing plans. All 75 percent design review comments shall be addressed at this time. 100 percent design review. Consultant shall, as a minimum, submit final plans, completed specifications, final quantities and cost estimates, and traffic signal timing plans. All 90 percent design review comments shall be addressed at this time. Final approval review. Consultant shall submit final drawings, specifications, revised final quantities and cost estimates, and final traffic signal timing plans. Final drawings and specifications shall prepared and stamped by California licensed civil. All 100 percent design review comments shall be addressed at this time. Approval of construction documents. Consultant shall submit signed and sealed original drawings and original contract specifications. Original drawings shall be submitted with a mylar cover (signature) sheet. Other plan set sheets shall be submitted on a quality bond paper. 2011 -12 Traffic Signal Rehabilitation Project SCOPE OF WORK Page 4 6. Technical Memorandum. Consultant shall submit a technical memorandum for the findings of the Operational and Turning Path analysis for the Coast Highway /Marguerite Avenue intersection. The consultant is responsible for addressing all drawing review comments at each of the formal submittals as well as informal coordination throughout the drawing preparation process. The City anticipates a period of three weeks for drawing review of the 75 percent, 90 percent and 100 percent submittals. The City may require a review meeting at the time of each submittal. The City shall provide the following items to assist the consultant in completing services: 1. Existing plans and drawings that are available and applicable to the proposed project. 2. Synchro model for locations requiring traffic signal timing plans, including current count data. 3. Provide blueprinting, photocopying, and other related services of the final bid documents. 4. Design criteria and other technical information that are available and applicable to the proposed project. 5. Sample contract documents, if available, from previous projects for reference. EXHI Fee Breakdown for the 2011 -2012 Traffic Signal Rehabilitation Project Contract No. 4841 Citv of Newoort Beach Task Description Senior Engineer Senior Deaigner Clerical Sub - Consultant/ Vendor Cost Total Hours Per Task Total Fee Per Task Hourly Rata $136.00 $120.00 $52.00 7 ralact Management r Coordination I Meeting Attendance 8.0 a $1,080,0 2 Traffic Signal Modification Plans 8.0 140.0 6.0 154 $18,1920 Specifications 6.0 6 $810.0 Estimates 4.0 4 $460.00. 3 Coordination liming Plans (SupedodPiacentia) 8.0 8 $1,gs0A Traffic Signal Timing Sheets (Superiodielacentla) 4.0 4 $540.0 4 Operational & Turning Path Analysis (PCH at Marguerite) 28.0 4.0 32 $4,260.00 5 Construction Engineering Assistance l Support 8.0 8 $1,080.0 a As•Suilt Construction Plans 9.0 8 $1,080.0 Relmbursables 0 $500.00 Total Project Team Hours 70 157 8 253 TOTAIFEES $SASOAO $18,640.00 $212.00 $0.00 $29,102.0 Hartzog Crabill, Inc. August 8, 2011 Page 1 oft Consulling Tmffc Engineers CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. s Date Received: 9/15/2011 Dept. /Contact Received From: Shari Rooks Date Completed: 9/16/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Hartzog and Crabill, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: National Surety Corp B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes OX No 0 F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F7X 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 0 No OX l.. 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. Endeavor Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: National Surety Comoration B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No 0 D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No 0 F. 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. Endeavor wording III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property & Casualty Co. B. AM BEST RATING (A-: VII or greater): A +:XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes X❑ No El HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: September 16, 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approval /exception/wa'iver by Risk Management Comments: Approved: Risk Management * Subject to the terns of the contract. Date Yes �X No 0 B &B initials AC-0-RD. CERTIFICATE OF LIABILITY INSURANCE 9 15 1.191 2011 077 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA 92711 -0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED INSURER A Hartzog & Crabill, Inc. INSURER B: 275 Centennial Way, Suite 208 Tustin CA 92780 INSURER D. COVERAGES City of Newport Beach Public Works Department 3300 Newport Blvd., PO Box 1768 Newport Beach CA 92658 4MIYVGLLMIIVI\ - LV ;HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3EPORB THE EXPIRATION DATE THEREOF, THE ISSUING INSURER PILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ',ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO MALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON PHE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORQ'ED REPRESENTATWE J.-A—.4 AA, I_ As 1988 J HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. OTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ERTIFICATE 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. INSR JJR TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DAM (MMMnTM POUCYEXPIRATION DATE 'M�� LIMfPS • GENERAL LIABILITY AZC80855415 6/18/2011 6/18/2012 EACH OCCURRENCE $1,000,000 FIRE DAMAGE An one fire $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ©OCCUR MED SNP ens P.) $10,000 PERSONAL &ADV INJURY $1.000.000 GENERAL AGGREGATE $2,000 OnO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- comHoP AGG $2,000,000 POLICY PRO- LOC • AUTOMOBILE LIABILITY YAUTO AZC80855415 6/16/2011 6/16/2012 COMBINED SINGLE LIMIT (Ea awideM) 000, 000 SODILY INJURY (Per person) E L$1, OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (PeracdAem) S HIREDAUTOS NOWOWNEDAUTOS X PROPERTYDAMAGE (PeracddwI) S GARAGE UAWLIIY AUTO ONLY -GA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ E $ DEDUCTIBLE $ RETENTION S $ WORKERS COMPENSATION AND UB3546T119 6/18/2011 8/1 6/2012 O TH- H ELNN $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPL S1 000 000 E.L. DISEASE - POLICY LIMIT $1 000 0 0 0 C orxER Professional Liability DPR9696068 8/18/2011 8/18/2012 Per Claim $2,000,000 Annual Aggr. $2,000,000 laims Made DESCRIPTION OF OPERATIONS ILOCATRUISNEHICLES(EXCLUSIONS ADDED BY ENOORSEMENT(SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services. E: 2011 -2012 Traffic Signal Rehabilitation Project. City of Newport Beach, its officers, employees are additional insured as respects to general liability as required by written contract. Waiver of subrogation applies to workers compensation as required by written contract. Primary and Non - Contributory applies to general liability as required by written contract. City of Newport Beach Public Works Department 3300 Newport Blvd., PO Box 1768 Newport Beach CA 92658 4MIYVGLLMIIVI\ - LV ;HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 3EPORB THE EXPIRATION DATE THEREOF, THE ISSUING INSURER PILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ',ERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO MALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON PHE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORQ'ED REPRESENTATWE J.-A—.4 AA, I_ As 1988 J M TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQDARB EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: M- 3546T11 -9 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. The additional premium for this endorsement shall be 3.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 07 -13 -11 ST ASSIGN: Page 1 of 1 Policy No.: AZC80855415 EXCERPTS FRoM: Fireman's Fund ABC MULTICOVER— AB 91 89 08 07 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section 11— Liability Coverage, Part I. Who Is An Insured, item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of. (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you: or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II — Liability Coverage, Part K. Uabtfity and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of your operations or your work for that person or organization. 19. Common Polley Conditions (AS 00 09 A 0187), Part H. Other Insurance, Item 2 Is replaced with: 2. Coverage C — Liability If other valid and collectible Insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations am limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured. but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other Insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTYIL.IABILITY POLICY» AB 80 0012 93 Section 11 K 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 tf each Named Insured were the only Named Insured; and b. Separately to each insured against whom clalm is made or suit is brought.