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Home My WebLink AboutC-5042 - On-Call PSA for Survey ServicesN AMENDMENT NO. TWO TO ,1 ON-CALL PROFESSIONAL SERVICES AGREEMENT (J WITH COAST SURVEYING, INC. FOR SURVEYING SERVICES I THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 19th day of August, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"}, and COAST SURVEYING, INC., a California corporation ("Consultant"), whose address is 15031 Parkway Loop, Suite B, Tustin, CA 92780, and is made with reference to the following: RECITALS A. On January 18, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for on-call surveying services throughout the City on an as needed basis ("Project"). B. On February 12, 2013, City and Consultant entered into an Amendment No. One to the Agreement ("Amendment No. One") to increase the total compensation. C. City desires to enter into this Amendment No. Two to increase the total compensation and to update insurance requirements. 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. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement is amended in its entirety and replaced with the following: "No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Three Hundred Hundred Twelve Thousand Dollars and 001100 ($312,000.00) without written amendment to the Agreement." 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 Sixty Two Thousand Dollars and No/100 ($62,000.00). 2. INSURANCE Section 14 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference." 3. 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. [SIGNATURES ON NEXT PAGE] am Coast Surveying, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4 3 4 By: C�-( Aaron C. Harp City Attorney O ATTEST: Date: By: Leilani I. Brown City Clerk F C a, CITY OF NEWPORT BEACH, ager CONSULTANT: Coast Surveying, Inc., a California cor oration Date:� 13 Ruel deINQastillo Presi4ett RtiO [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements Coast Surveying, Inc. Page 3 Aug 2813 09:388 1 Ted Bowersox State Farm 9496614119 p,1 et'�PR '� CERTIFICATE OF LIABILITY INSURANCE DATE DaHEIND` PRODUCER THIS CERTIFICATE 13 ISSUED AS MATTER OF INFORMATION TED BOWERSOX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STATE FARM INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 34085 PACIFIC COAST RWT. , STE 204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DANA POINT, CA 92G29 L INSURERS AFFORDING COVERAGE II N INSURED SURVEYING, INC CO rra i'NSUtBRA State PaM=Ual AVCO InDOrance C 25136 EACH OCCURRENCE 5 15031 PARKWAY LOOP, SUITE B NSURER B; "iNSURERR TUSTIN, CA 32760 INSU_RERO: INSURERE: 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 LIMSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ NS4ABDT. LTR TYPEOFINSDRANCE ; P4UCYETiECT POIJCYNUMSER DATE POtJ- EXPJRATION GATE IVY LAW GENMILIABiLMY EACH OCCURRENCE 5 PRErSLM ES e S Ct1MAERC4tLGENERAI LikSItiTY DLNMSMAD'c E„JOCCUR MEO E%R An cn n S PERSONA. SAW INJURY S GENERAL AGGREGATE (UNLA'OCIIz55ATELNGAPPLESPER PRODUCTS-CONNOPAGG S POtiCY PRb LOC K° AUTOMOBILE LIABILITY ANY AJTO 130 9131-SI5-75 C90 5581^B15 -?5 j( C59 5449-815-75 08/15/13 08/15/14 OON1BIhE0 SINGLE UNIT {Ea esmenq $ BODILY MII URY s 1,000,000 t0'erparea+I X X ALL OWNED AUTOG SOHEOMEC AUTOS 1 066 7143-A15-75 290 34 43-815-75 ( BODLY NJORY {Pmamutm} X WRES ALTOS NON-OWMEO AUTOS I3j 288 1781-615-75 PROPER'iYDRMAOE y 1,000,000 (Pm a<5WmU IX ,X 'COMPjGOLi DED10001 ` Waiver subrogation AUTOONLY-EAACCWE±CS '07HERTHAN PA �AGELiABiLiTY ANYAJTO AUTO ONLY: A EXCEBSfUMBRELL4IV BBdTY �OCCUR ' y_}C?miS MADE - � EACH OCCURRENCE I AGGRE6ITE ; S i ... CEUUCT3UtE g RETENi�ON S WQRKERS COMPENSATION AM EMPLOYERS' UABILay 11ITATO, OTT, I 'IX LIM ER F.I. SACRACCIDERr 3 AHY PROPRIETORrPARTNERJE%ECUTfVE OFPtR'MEMBER EXCLUDED'+ 015E 9E -EA EMPLOYEE 5 N. ,iN,.iie 104s, 6 duI PROVfEaONS tgxw E.LO#SEASE-POLMYUMIT S p }jOTHER NON' -OWNED 297-9449-906-75 06/06113 06/06/14 IMMI 4EMPLOYEES ilii LIABILIsY POLICY DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES tEXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS REGARDING. ONCALL SURVEYING SRV -ICES, THE CITY OF NEWPORT BEACH, =T'S OFFICERS, AGENTS, OPTICALS, EMPLOYBEE AND VOLUNTEERS ARE ADDITIONAL ZNSUR13DS AS REPECT TO GENERAL LIAB=LITY AS REQUIRED BY WRITTEN CONTRACT. CERTIFIGAIE HOLD" UANUMLAIIVIY ADDITIONAL INSURED: SHOULD ANY OF INE AaCIM DESCRIBED POUCMS BE CANCELLED BEFORE THE EXPIIMAON CITY CP NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ,3Q„ DAYS WRITTEN 3.00 CIVIC CENTER DRIVE NOTICE TO THE CERRRCATE HOLDER RAM TOTHE LEFT.SUT FAILURE TO DO SO SHALL NEWPORT BEACH, CA 92660 IMPOSE NO OBLIGATION OR LIABILITY OF ANY HUNG UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. ACORD n3 (2000 ) The reg AMJon Dotices indioaIe ownership of the matt by their reSpeotiVe Owners OACORO CORPORA7fISONN 1 00 Aug 2818 49:38a Ted Bowersox State Farm 9496614119 p.2 I ACORD 25 (2001108) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/25/13 Dept./Contact Received From: Vladimir Date Completed: 8/28/13 Sent to: Vladimir By: Chris/Renee CompanytPerson required to have certificate: Coast Surveying, Inc. Type of contract: All Other I. GENERAL LIABILITY PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 9/18/12 to 9/18/13 A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut M Yes B. AM BEST RATING (A-: VII or greater): A+; XV CAUTION! (Confirm that loss or liability of the named insured C. ADMITTED Company (Must be California Admitted): is not limited solely by their negligence) Does endorsement Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach M Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must L. NOTICE OF CANCELLATION: include): Is it included? (completed Operations status does ❑ No II. AUTOMOBILE not apply to Waste Haulers or Recreation) M Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed INSURANCE COMPANY: State Farm Mutual Auto Insurance Company Operations status does not apply to Waste Haulers) M Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City C. ADMITTED COMPANY (Must be California Admitted): its officers, officials, employees and volunteers): Is it included? M Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): is it included? M Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes M No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): M N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A M Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/15/13-8/15/14 A. INSURANCE COMPANY: State Farm Mutual Auto Insurance Company B. AM BEST RATING (A-: VIl or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? M Yes ❑ No D. LIMITS - If Employees (Must be $1M min. 84 & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,0001000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) NIA F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): M N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes M No H. NOTICE OF CANCELLATION: ❑ N/A M Yes 0 No III. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 9118/12 to 9/18113 A, INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): N Yes 0 No D, WORKERS' COMPENSATION LIMIT: Statutory N Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? N Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: N N/A 0 Yes 0 No H. NOTICE OF CANCELLATION: 0 NIA N Yes 0 No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: 8/28/13 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach N NIA 0 Yes © No �11m f N N/A 0 Yes 0 No y 1111111m RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) 0 N/A 0 Yes 0 No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Coast. .- LI vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss, Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each certificates and endorsement must be approved prior to commencement of performance. Current shall be kept on file with City at all times coverage. Insurance by City's Risk Manager certification of insurance during the term of this Coast Surveying, Inc. Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Coast Surveying, Inc. Page C-3 TRAVELERSAl' WORKERS COMPENSATION AND On Town SQUAM EMPLOYERS LIABILITY POLICY RnTroRo, CT 06183 ENDORSEMENT WC 99 03 76 ( A)— 001 POLICY NUMBER: =tM-7836Y81-4 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. Person or Organization ANY PERSON OR ORGANIZATION WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. FOR Schedule Job Description 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 -^--1 (}P�r�gim Insurance Company Countersigned by DATE OF ISSUE: 07-25-11 ST ASSIGN: Page 1 of I COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. in the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you, or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which Cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". I. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declare - tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 8109 07 02007 The Travelers Companies. Inc. Page 1 of 2 Includes the copyrighted material of Insurance services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement, b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance services Office, Inc., with its permission. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/25/13 Dept./Contact Received From: Date Completed: 8/28/13 Sent to: Company/Person required to have certificate: Type of contract: Vladimir M Coast Surveying, Inc. All Other Vladimir Chris/Renee 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/18/12 to 9/18/13 A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) N/A include): is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No 1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No It. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/15/13-8/15/14 A. INSURANCE COMPANY: State Farm Mutual Auto Insurance Company B. AM BEST RATING (A-: VII or greater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if Individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A IQ Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/18/12 to 9118/13 A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® NIA ❑ Yes ❑ No H, NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: r Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 8/28/13 Date ® NIA ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ►t ' NEMNm 4 - 11111111jm RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approvallexceptionlwaiver: Approved: Risk Management Date * Subject to the terms of the contract. ac CERTIFICATE OF LIABILITY INSURANCE $T/2MM/201 Yi PR8011C8R THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION TED BDtaftRSOX ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STATE FARM INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 34065 PACIFIC COAST HISY. , STE 204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P01. IRAncN Mmovivoorm DANA POINT,. CA 92029 L. INSURERS AFFORDING COVERAGE MAIC # INSURED COAST SURVEYING, INC INSURER A: State Parra Mutual Auto Insurance Company 25178 15031. PARKWAY LOOP, SUITE B INSURER B: INSI.4tERC: TUSTIN, CA 32780 INSURER D: C(Mm¢RCIAL GENERAL LIASILTIY INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, 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 U& TS SHOWN MAY HAVE BEEN REDUCED BY PAM) CLAIMS, iN MADDT LIR WSWTYPEOFINSURANC:E Poucytiummat POLICY EFFECTIVE CATE(MMIDOMI P01. IRAncN Mmovivoorm LOA NEWPORT BRACH, CA 92660 GENERAL UASILITY REPRESENTATNES. EACH OCCURRENCE S Pri6,BSES Ea S C(Mm¢RCIAL GENERAL LIASILTIY MEOE%P am an $ CWMSNN3'E nOCCUR PERSONAL ADV INJURY S G3iERALAGGREGATE S G9iLXi;.'R GAIEL1XAt4i,ESFEQ PR MCTS•CDs4NOPAGG S POLICY .EPRCTO-LOC AUTO X X MOBILE UASILRY ANY AUTO Al OWNED AUTOS SCHEDULED AUTOS 130 9131 -BIS -75 C90 5581-1115-7S 059 5449-818-7S 066 7142 -His -75 290 3043F -B15-75 08/15/13 08115/14 COMBINED SINGLE LIMIT S SEA Satideall BODILY INJURY S 1,000,000 Wer wwrl ,_...�_ BOCILY WRAY s :.'000,000 (Per eaaaa+B X HIRuowraS NON-0WNEGALROS 266 1781 -BIS -75 PROPERTYOALA,GE S 1,000,000 tParAutlmnU X COMP/COLI DED1000, x waiver subr atio-1 GARAGE LIABILITY AUTO ONLY -EA ACtY0f3+'T 4 OTHERTHAN EA ACO S ANYAUTO AUTO ONLY: AGC S IFXCMSIUMBRELLA�LUI WS. _' Rt El cCc CLANS MADE EACH O R NCE 5 AGGREGATE S 3 S CEDUCT19LE ; RETENTN7N 3 WORKERS COMPENSATION AND EMPLOYERS' UASHL" YYC STATU• OTH rORY INRTS ER EL EHAcaueNT t PINT PERRMM@EPARN TVE 0•'F EXCLUDOi 11 as dBwite u+.am' SP CIALPROUISIONSAeMw EL SEASE- EMIL YEE 5 EL DISEASE -POLICY LIMIT 3 A OTHER EMPLOYERS NON -OWNED 297-9449_FO6-75 06/06/13 06/C6/14 LTAB_TL'_TY POLICY DESCRIPTION OF OPERATIONS i LOCATIONS i VEHICLES I EXCLUS1oN3 ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS REGARDING: ONCALL SURVEYING SRVI-CES, THE CITY OF NEWPORT BRACH, IT'S OFFICERS, AGENTS, OFFICALS, E!HPLOYEE� AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS REPECT TO GENERAL LIAB::LITY AS REQUIRED BY WRITTEN CONTRACT. UICK I1HCAIC HOLUER CANCELLATION ADDITIONAL INSURED: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATTON CITY OF NEWPORT SEACFL DATE THEREOF, THE ISSUING INSURER IMLL ENDEAVOR TO MAL " DAYS WRITTEN 100 CIVIC CENTER DRIVF, NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL NEWPORT BRACH, CA 92660 65E NQ QBLfGATiON pft LfA611ItY 4P ANYXIND UPON THE INSURER, ITSAGENTSOR REPRESENTATNES. ACORD 25 (2001=1 The registration notices indicate ownership ofthe marks bythBir respective oYmars GIACORD CORPORATION IIS. 2007 132849 M-134007 All rights raservad ACORD 25 (2001=) AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. FOR SURVEYING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. One") is made and entered into as of this 0 --day of February, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and COAST SURVEYING, INC., a California corporation ("Consultant"), whose address is 15031 Parkway Loop, Suite B, Tustin, CA 92780-6527 and is made with reference to the following: RECITALS A. On January 18, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for Perform on-call surveying services throughout the City on an as -needed basis ("Project"). B. City desires to enter into this Amendment No. One to increase the total compensation. G. Pursuant to the authority conferred to City as a charter city under California Constitution, Article XI, Section 5, the City hereby exempts this Project from the payment of prevailing wages because the funds used to finance this Project are local funds and this Project is a matter of local concern. 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. COMPENSATION TO CONSULTANT Section 4.2 of the Agreement is amended in its entirety and replaced with the following: "No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and 001100 ($250,000.00) without written amendment to the Agreement." • 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. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1117113 in Aaron C. H.N City Attorney ATTEST: Date: l J0�r CITY OF NEWPORT BEACH, A Californi�r�}�ni[i corporation Date:,( By: F Keith Curry Wkp Mayor By: 'aa , Nv'-� Leilani I. brown City Clerk '%.:fRNMa CONSULTANT: COAST SURVEYING, INC., a C lifor�nia corp ration Date: D{ �ZI / 1-0 t By: 9VJA X Gqp4h Ruel del Castillo President and Treasurer [END OF SIGNATURES] COAST SURVEYING, INC. Page 2 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/25113 Dept/Contact Received From: —_ Tania Date Completed: 1/25/13_ Sent to: Tama By: Renee Company/Person required to have certificate: Coast Sutveying, Inc. Type of contract. All 1. GENERAL LIABILITY ® N/A EFFECTIVE/EXPIRATION DATE: 9/18/12 to 9/18/13 ❑ No A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut _ ❑ Yes B. AM BEST RATING (A-: VII or greater): A+; XV ❑ NIA C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,00Q000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT – please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: Coverage not provided A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance/ Proof of coverage (if individual) (What is limits provided?) R PRIMARY & NON-CONTRIBUTORY WORDING (For Waste NIA ❑ Yes ❑ No Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes ®No H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes ❑ No Dl VV0RKERSC0MPENG/TlUN EFFECTIVBEXPiRAT|0NDATE: 9/18112 to 9/18/13 A. INSURANCE COMPANY: _TravelenEropertyg�§ Co of America B, AMBEST RATING (A+:VII urgneaieh: C, ADMITTED Company (Must beCalifornia AdmiUad): FlYes El No D, WORKERS' COWYPEN3AT|ONLIMIT: Statutory 0 Yes FlNo E, EMPLOYERS' LIABILITY LIMIT (Must be$1&Yu,greater) $1,000,000 F� WAIVER ()FSUBROGATION (To inc|ude):|sitincluded? C8Yes F7Nu G, SIGNED VVORKERS`QOMPENGAT|ONEXEMPTION FORM: 0N/A F7Yes FlNo H. NOTICE 0FCANCELLATION: El N/A EYe8 El No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED [\/. PROFESSIONAL LIABILITY \/ POLLUTION LIABILITY Y BUILDERS RISK Approved: Agent o[/A(iantInsurance Services Broker of record for the City ofNewport Beach RISK MANAGEMENT APPROVAL REQUIRED Nnn'udniMedcarrier rated less than ; Self Insured Retention or Deductible greater than $ El N/A I Yes LJ No Reason for Risk Management appruvaKexue[dionkwaivar Travelers Licensing not currently available on AM Best. Need Risk Management Approval. 1/31/13 Sheri Anderson approved. � A�^rr-'--: Risk Management ACORD CERTIFICATE OF LIABILITY INSURANCEDATE(MMrooNY) 2/17/201a__ 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. X COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE _.....�___._._.__..�.,.._......._,.— ----- __._..___.__._,........y INsuREn ,111111ER n�Travelers._PrQpert Casualty_Co of Ame Coast Surveying, Inc 15031. Parkway Loop, Suite B (' ISN UReR_B: Travelers Indemns` ty Co. Connecticut Tustin CA 92780-6527 -INSI URERC Tr velers Casua't & Suret Co. Amer' ----�—— Y -Y-- MED EXP one An pe..b ( y � $�0 000 INSURER D DINSURER E: COVERAGES HE 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 PER'T'AIN, THE INSURANCE: AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POUCYEXPIRATION LIMITS B GENERAL LIABILITY 68048491,280 9/18/2012 9/18/2013 EACH OCCURRENCE $1 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any bne fire $1 OOO 00O CLAIMS MADE OCCUR MED EXP one An pe..b ( y � $�0 000 X tontractual PERSONAL S ADV INJURY $1 400 ,QQ_,,,_, _GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $2 QQQ�.in'.Q......._._ POLICY lX7 PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY SCHEOULEO AUTOS $ (Per,person)) MREOAUTOS BODILY INJURY NON -OWNED AUTOS AUTOS (Per aodd.nt) S ...._J ...._._._ .. PROPERTY DAMAGE $ (Per amidenl) OARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ .� ANY AUTO OTTER THAN _EA RCC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE Is OCCUR CLAIMS MADE AGGREGATE $ $ _ $ .�..... DEDUCTIBLE RETENTION $—_^ $ A WORKERS COMPENSATION AND UP7836YS14 9/18/201.2 9/18/201.3 X I nRYTAT=- OTH- EMPLOYERS' LIABILITY E.L.EACH ACCIDENT_ $1, 000,000 _E.L. DISEASE - EA EMPLOYEE $1 000 009_ E.L. DISEASE -POLICY LIMIT $1,000,000 COTHER 105343474 9/18/2012 9/18/201.3 Per Claim $1,000,000 Professional Liabilit Y Annual Aggr. $2,000,000 Claims Made DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESIEXCLUSIONS ADDED BY ENOORSEMENTtSPECiAL PROVISIONS eneral Liability policy excludes claims arising our of the performance of professionalservices. e; On -Call Surveying Services. The City of Newport: Beach, its elected or appointed officers, officials, employees re Additional Insured as respects to general liability coverage as required by written contract. Primary and on -Contributory applies to general liability as required by written Contract. waiver of subrogation applies for orkers Compensation as required by written contract. HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City Of Newport Beach, Public Works ILL MAIL 30 DAYS WRITTEN NOTICE TO THE; CERTIFICATE Attn: Shauna Oyler OLDER NAMED TO THE LEFT, 3300 Newl)ort Blvd. Newport. Beach CA 92658 25-S(7/97) OACORD J WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT D6183 ENDORSEMENT WC 99 03 76 ( A) — 062 POLICY NUMBER: UB-7836Y81-4 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone Gable 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 3.06 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Lai Schedule Jab Description 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 P ium Insurance Company Countersigned by DATE OF ISSUE: 07-25-11 ST ASSIGN: Page' of 1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. �. A M 0. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a B. "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part, e. This insurance does not apply to the render- ing of or failure to render any "professional services". I. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section ill) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance", But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 89 08 07 0 20e7 The Travelers Companies, Inc, Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage' occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b, While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 V 2007 The Travelers Companies, Inc. CG D3 81 08 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. „rte C1'1Y OF r ; i NEWPORT ,wEA ��(.Ate/ Council Staff Repo Q APFRO�EO Agenda item No. _,,..:L3 _ February 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644--3311, dowebb@newportbeachca.gov PREPARED BY: Michel J. Sinacod P.E., Assistant City Engineer 949-644-3342, mslnacod@newportbeachca.gov APPROVED: TITLE: Approval of Amendment No. 1 to On -Cat? Professional Services Agreement with Coast Surveying, Inc. The maximurn contract amount for on-call surveying services provided by Coast Surveying, Inc. (Coast), under the existing Professional Services Agreement has almost been reached. If approved, the contract expenditure limit would be increased to allow for additional on-call surveying services. RECOMMENDATION: Approve Amendment No. 1 to the January 18, 2012, On -Call Professional Services Agreement with Coast to increase the contract limit to $260,000 for continuing on-call surveying services and authorize the Mayor and City Cleric to execute the amendment. Funding for the on-call surveying services will be provided from individual capital improvement project budgets at the time of project implementation. DISCUSSION: In order to reduce the amount of staff time and continue to deliver the large number of capital improvement projects in a timely manner, the Public Works Department utilizes on- call consultants for various professional services such as Surveying, Geotechnical, Civil and Traffic Engineering and Landscape Architecture. These multi-year contracts are established through a competitive selection process to identify the most qualified firms to provide the needed professional services. With respect to surveying services, the City Approval of Amendment No. 1 to On -Call Professional Service Agreement with Coast Surveying, Inc. February 12, 2013 Page 2 entered into an On -Call Professional Services Agreement (PSA) with Coast in January 2012 for a contract limit of $120,000. The majority of CIP projects require some level of surveying services. Necessary surveying services are generally included within the design services that are contracted out to consultants. However, the City no longer maintains its own survey crews and relies on this on-call contract to provide surveying services for necessary control points and vertical elevations to prepare construction drawings, verify or set necessary field monumentation as well as provide construction staking. For example, the recently awarded Central Balboa Street and Alley Restoration project associated with Assessment District 100 (Central Balboa) required approximately $50,000 in surveying services. Other recent projects that required mapping and control survey information from Coast include Bay Avenue pavement replacement, and Santa Ana Heights street rehabilitation (UUD-19) to support city staff design efforts. Due to the high volume of GIP projects requiring survey services over the past year, the contract with Coast has reached the allowable limit of $120,000. Under the proposed amendment, the maximum contract amount would be increased to $250,000 for the remaining life of the contract. The current fee schedule and termination date of December 31, 2013, will remain unchanged. ENVIRONMENTAL REVIEW: Environmental clearances will be completed for each Capital Improvement Project, NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: avid A. ebb Public Works Director Attachment: A. Amendment No. 1 to On -Call professional Services Agreement with Coast Surveying, Inc, 2 ATTACHIVIFNT A AIVII:NDtU F.NT Ntr. 4sNti iT:I ON-CALL PR t[ t 11J° I fNAI, Et'JWICt:.I A(hRI7,+.MENT WITH COASY SURVt PING, INC. F(IR SORVEVING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No. One") Is made and entered Into as of this _ day of February, 2013 ("Effective Date") by and between the CiTY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and COAST SURVEYING, INC,, a California corporation ("Consultant"), whose address is 16031 Parkway Loop, Suite B, Tustin, CA 92780-6527 and is made with reference to the following: RECITALS A. On January `I8, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") for Perform on-call surveying services throughout the City on an as -needed basis ("Project"). B. City desires to entor Into this Amendment No, One to Increase the total compensation. C. Pursuant to the 'authority conferred to City as a charter city under California Constitution, Article XI, Section 6, the City hereby exempts this Project from the payment of prevailing wages because the funds used to finance this Project are local funds and this Project Is a matter of local concern. 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: COMPENSATION TO CONSULTANT Section 4.2 of the Agreement Is amended in its entirely and replaced with the following: "No rate changes shall be made during the term of this Agreement without the prior written approval of the City, Consultant's compensation for Services performed In accordance with this Agreement, including all reimbursable items and subconsultant fees, shalt not exceed the fees identified In the Letter Proposal as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed Two Hundred Fifty Thousand Dollars and 001100 ($250,000.00) without written amendment to the Agreement." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall rennaln unchanged and shall be In full force and effect. [SIGNATURE'S ON NEXT PAGE) 3 IN VVIfNH`,!, 1101FRIA;W, the parties have caused thin Amendment No. Cine to he executed on the dates wrflton below. APPROVED A;t TO FORM: CITY AT tORN!",Y`S OFFICE Dater�� % t3 f/ ( Aaron C. i rp City Attorney l�l ATTEST: Date: By: Lellanl 1. Brown City Clerk CITY OF NEWPORT UFACH, A California municipal corporation Keith Curry Mayor CONSULTANT: COAST SURVEYING, INC., a California corporation Date: By: Ruei del Castillo President and Treasurer [END OF SIGNATURES] c�,,,_. F. .. 4 COAST SURVEYING INC. Page 2 ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH COAST SURVEYING, INC. FOR SURVEY SERVICES THIS ON-CALL PROFES IONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this / ��A day of JkloAlU Xr�-2-01'1-by and between the CITY OF NEWPORT BEACH, a California Munidipal Corporation ("City"), and COAST SURVEYING, INC., a California Corporation whose address is15031 Parkway Loop, Suite B, Tustin, CA 92780-6527 ("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 has a need for on-call assistance for surveying services for City construction projects. C. City desires to engage Consultant to perform on-call survey services throughout the City on an as needed basis ("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 Ruel del Castillo. 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 December 31, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall provide "On -Call' survey services as described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services"). Upon verbal or written request from the Project Administrator (as defined below in Section 6), Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.1.3 The estimated number of hours and cost to complete the Services; and 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and 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 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. 4.2 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and COAST SURVEYING, INC. Page 2 subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) without written amendment to the Agreement. 4.2.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the Services performed and/or the specific task in the letter proposal 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. 4.2.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.2.2.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. 4.2.2.2 Approved reproduction charges. 4.2.2.3 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. 4.2.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 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 Ruel del Castillo, President 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 COAST SURVEYING, INC. Page 3 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 City's Public Works Department. Michael J. Sinacori, P.E., Assistant City Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or an 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. 7.1.2 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 or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. COAST SURVEYING, INC. Page 4 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 the acts or omissions of 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. 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. COAST SURVEYING, INC. Page 5 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/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 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. 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. COAST SURVEYING, INC. Page 6 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. 14.4.2 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. 14.4.3 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. 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 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1 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. 14.8.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of COAST SURVEYING, INC. Page 7 non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.3 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. 14.8.4 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. 14.8.5 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. 14.8.6 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 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 COAST SURVEYING, INC. Page 8 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 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 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 the release of information. 20. 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 to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 21. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to COAST SURVEYING, INC. Page 9 the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 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 termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals 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: COAST SURVEYING, INC. Page 10 Michael J. Sinacori, P.E., Assistant City Engineer Public Works Department CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92658-8915 Phone: (949) 644-3342 Fax: (949)644-3318 25.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ruel del Castillo, President COAST SURVEYING, INC. 15031 Parkway Loop, Suite B Tustin, CA 92780-6527 Phone: 714-918-6266 Fax: 714-918-6277 26. TERMINATION 26.1 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provision, 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 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.). COAST SURVEYING, INC. Page 11 28. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 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 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. COAST SURVEYING, INC. Page 12 29.6 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. 29.7 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. 29.8 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. 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. [SIGNATURES ON NEXT PAGE] COAST SURVEYING, INC. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: IZ(LI/ / II By:_ Aaron tarp City Attorney Hrney ATTEST: Date: Y/ By: V\V4 Leilani I. E City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Dave K[ffj V City Manager CONSULTANT: COAST SURVEYING, INC., a Cajiforrlia Corporation Date: By: Rue[ del Castillo President and Treasurer [END OF SIGNATURES] ATTACHMENTS: EXHIBIT A — SCOPE OF SERVICES EXHIBIT B — SCHEDULE OF BILLING RATES COAST SURVEYING, INC. Page 14 EXHIBIT A COASTSURVEYING, INC. 15031 PARKWAY LOOP, SUITE B, TUSTIN, CA 92780-6527 (714) 918-6266 FAX (714) 918-6277 EXHIBIT A CITY OF NEWPORT BEACH ON-CALL CIVIL SURVEY SERVICES DESCRIPTION OF SERVICES PROVIDED Performing Horizontal Control Utilizing Dual Frequency GPS Receivers Performing Vertical Control Utilizing First -Order Digital Levels Performing Design Surveys for Various Public Works Projects Performing Topographic Surveys for Various Public Works Projects Setting Aerial Targets and Performing Photo Control Preparing Aerial Photogrammetric Mapping Performing Cross -Sections and Topographic Surveys Performing Boundary Surveys and Boundary Analysis Performing Centerline Surveys and Centerline Ties Preparing Corner Records for Monument Preservation Preparing Records of Survey Including Monumentation Preparing/Reviewing Legal Descriptions and Sketches Preparing/Reviewing Subdivision Maps — Tentative & Final Performing Construction Staking for Various Public Works Projects Reviewing Title Reports and Supporting Documentation Preparing Various Types of Reports and/or Exhibit Maps Preparing/Reviewing Annexation Descriptions and Exhibit Maps Various Types of Survey Services for Special Districts P111-163 December 7, 2011 EXHIBIT B COASTSURVEYING, INC. 15031 PARKWAY LOOP SUITE B TUSTIN CA 92780-6527 (714) 918-6266 FAX (714) 918-6277 EXHIBIT B CITY OF NEWPORT BEACH ON-CALL CIVIL SURVEY SERVICES SCHEDULE OF HOURLY RATES Valid Through December 31, 2013 Project Management $171.00 Project Surveyor 146.00 Survey Technician 112.00 Clerical and Delivery Service 64.00 2 Person Survey Party w/Equipment 263.00 3 Person Survey Party w/Equipment 340.00 GPS Receivers (minimum of three) - $100.00/day/receiver Monuments, prints, photocopies, research materials, and other incidental or special supplies. P111-163 December 7, 2011 AT COST CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 1/4/2012 Dept./Contact Received From: Rooks, Shari Date Completed: 1/4/2012 Sent to: Tania Moore By: Carol hart Company/Person required to have certificate: Coast Surveying, Inc Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 9/18/2011-9/18/2012 A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): A+, XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) N/A include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 08/12/2011-08/15/2012 A. INSURANCE COMPANY: State Farm Mutual Auto Insurance Company B. AM BEST RATING (A-: VII or greater) A++, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500;000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 BI & PD E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/18/2011-9/18/2012 A. INSURANCE COMPANY: Travelers Indemnity Company B. AM BEST RATING (A-: VII or greater): A+, XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ❑ N/A ❑ Yes ❑ No V POLLUTION LIABILITY ❑ N/A ❑ Yes ❑ No V BUILDERS RISK ❑ N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 1-6-11 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management " Subject to the terms of the contract. Date I Aco CERTIFICATE OF LIABILITY INSURANCE /23/20 ' PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION BOWERSOX, TED ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE STATE FAAq INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 34095 PACIFIC COAST HWY. SUITE 204 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CANA POINT, CA 92629 AINSURERS AFFORDING COVERAGE NAIC # INSURED COAST SURVEYING, INC. INSURERA:State Fa YID Mutual Auto InsuzdOCe CO dna 251JB INSURERS: 15031 PARKWAY LOOP, S7ITE B INSURER C -- TUSTIN, CA 92790 INSURER O: MED EXP ma mj 3 INSURER E' 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, PER 0.W'L LTR IXSf10 TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE MMIOOm POVCYEXPIRATTO DATEMM/DDA11LIMITS GENERALLIABILITY EACH OCCURRENCE 3 PREMISES Ea aaurre,a.e 3 COMMERCIAL GENERAL LIABILITY MED EXP ma mj 3 CWMSMAOE FOCCUR PERSONAL& ADV INJURY E GENERAL AGGREGATE 3 CENIAGGREGATtUMTAPH1ES� PRO - POLICY JECi LOC PRODUC-COMFOPAGG 3 I A i AUTOMOBILEVABILITY ANYAUTO 130 9131 -BIS -75 C90 5581-B15-75 059 5449-1315-75 0E-12-11 08-12-11 OB -12-11 08-15-12 06-15-12 08-15-12 COMBINED SINGLE LIMIT IEa®ad Q S BODILY INJURY f 1,000,000 (PAr Person) %C ALL OWNED AUTOS SCHEDULED AUTOS 066 7143-B15-75 290 3043-B15-75 08-12-11 OS -12-11 08-15-12 08-15-12 A A X X HIREDAUTOS NONOWNEDAUTOS 288 1781-B15-75 08-12-11 08-15-12 BooavnNJURY S 1,000,000 IPsrac°dw1 PROPERTY DAMAGE S 1,000,000 IP'arawdw? GARAGE LIABIDTY AUTO ONLY-EAACCIDENT S OTHERTHAN FAACC S ANY AUTO AUTOONLY: AGO S EXCESEIUMBRELLALIABILITY EACHOCCURRENCE f AGGREGATE E OCCUR F-ICLAIMS MADE E E DEDUCTIBLE E RETENTION E WORKERS COMPENSATION AND EMPLOYERS'B'LIABILffY STATULOTH- RY LIMIT ER E1- EACH ACCIDENT S ANYPROPRIETORIPARTNEIVEXECUTNE OFFICERAMEMBER EXCLUDED' If'as, daeuite under EL DISEASE -EA EMPLOYEE S EL DISEASE -POLICY LIMIT S SPECIAL PROMSKINS WK. OTHER WAIVER OF SUBROGATION DESCRIPTION OF OPERATIONSI LOCATIOMS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS DESCRIPTION[ OF OPERATIONS: REON-CALL SURVEYING SERVICES, THE CITY OF NEWPORT BEACH, ITS CFFICERS, AGENT OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECT TO GENERAL LIABILITY AS REQUIRED 3 WRITTEN CONTRACT, WAI'JER OF SUBROGATION APPLIES FOR WORKERS CO'4P_ L, IlrlcAIC NULUCN CANCtLLA11VN ADDITIONAL INSURED: CITY OF NEWPORT BEACH; PUBLIC SHOULD ANY OF THE ABOVE DESCRIBED F IES BE CANCELLED BEFORE THE EXPIRATION WORKS DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ]Q DAYS WRITTEN ATTENTION SHUANA OYLER NOTICE TO THE CERTIFICATE HOLDER MANED TO THE LEFT, BUT FAILURE TO OO SO SHALL 3300 NEWPORT BEACH, CA 92656 WFOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. ACORD 25 (20DI I08) The registration notices indicate ownership of the marks by their respective Owners ODACORD CORPORATION 1988, 2007 132549 03-13-2007 All rights reserved ACO `®m CERTIFICATE OF LIABILITY INSURANCE O'TWIT14STANDING 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 /MIOOYYI 122 22 22 2011 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. 6804849L280 9/18/2011 INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Pronert,�Casualty Co, of Ameri., Coast Surveying, Inc INSURERS: Travelers Casualty&Surety Co Of Amer. 15031 Parkway Loop, Suite B wsUREt—C Travelers_ Indemnitv_Co. of Connecticut Conn -� - -.- Tustin CA 92780-6527 MED EXP (Anyone person $10 000 INSURER O: INSURER E: COVERAGES HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. O'TWIT14STANDING 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 HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS C GENERAL LIABILITY 6804849L280 9/18/2011 9/18/2012 (EACH OCCURRENCE $1 QQQ QQQ FIRE DAMAGE Anyone fre)_$1 QQQ QQQ X COMMERCIAL GENERAL LIABILITY MED EXP (Anyone person $10 000 CLAIMS MADE IT] OCCUR PERSONAL B ADV INJURY $1,000, 000 X Contractual Liability -,_ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: POLICY IX I PRO- r LOC IFcT PRODUCTS - COMPIOP AGE $2 000, 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accitlent) HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Perappitlenl) GARAGE LIABILITY AUTO NLY -THAN ACCIDENT IS OTHER THAN EA ACC—Ijlj'S OTHER ANY AUTO AUTO ONLY: "G S EXCESS LIABILITY EACH OCCURRENCE 5 i AGGREGATE g OCCUR � CLAIMS MADE $ DEDUCTIBLE $ RETENTION 5 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7836Y814 9/18/2011 9/18/2012 WC STATU- OTH- T Y T _ EACH ACCOO rEL DISEASE-EAEMPLOYE $1„ QQQ 00DISEASE -POLICY LIMIT §1 OOO OOO B OTHER Professional Liability I Claims Made 1105343474 i 9/18/2011 9/18/2012 i (Annual Per Claim $1,000,000 A r. 99 $2,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability- policy excludes claims arising out of the performance of professional services. Re: On -Call Surveying Services. The City of Newport Beach, its elected or appointed officers, officials, employees are Additional Insured as respects to general liability coverage as required by written contract. Primary and Non -Contributory applies to general liability as required by written contract. Waiver of subrogation applies for Workers Compensation as required by written contracC. FVNAL I N3URcU: INbdKaR Let I eR: lAIV%.CLLNnvrv1U DaV Not=e TOT Noll -Payment. SHOULD ANY OF THE .ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Newport Beach, Public Works WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE Attn: Shauna Oyler 14OLDER NAMED TO THE LEFT. 3300 Newport Blvd. Newport Beach CA 92658 AUTHORIZED REPRESENTATIVE 111561AMET.-TA � WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: •UB-7836YB1-4 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 Pr ium Insurance Company Countersigned by DATE OF ISSUE: 07-25-11 ST ASSIGN: Page 1 of 1 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a .,contract or agreement requiring insurance' to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury', 'property damage' or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the 'products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury', 'property damage' or 'personal injury' for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any 'professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance' to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance staled in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or 'property damage' for which coverage is sought occurs; and (2) The 'personal injury' for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance'. But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", 'property damage' or "personal injury' arising out of "your work' performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance' with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 €+2007 The Travelers Companies. Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 9 2007 The Travelers Companies. Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.