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HomeMy WebLinkAboutC-5111 - On-Call PSA for Engineering Services\ ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH RAK DEVELOPMENT, INC., DBA KREUZER CONSULTING GROUP FOR ENGINEERING SERVICES 1 THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this e� day of Hr _JL, , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP, a California Corporation whose address is 320 Main Street, Unit D, Seal Beach, CA 90740 ( "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 civil engineering, surveying and design services throughout the City. C. City desires to engage Consultant to perform on -call civil engineering, surveying and design services throughout the City on an as need 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 Rick Kreuzer. 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 February 28, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall provide "On -Calf' engineering 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; and 2.1.3 The estimated number of hours and cost to complete the Services; 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 RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 2 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 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 Rick Kreuzer 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 RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 3 without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection or construction management Services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 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 RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 4 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. 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. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 5 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 6 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.2 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 7 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 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 8 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 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. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 9 patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant 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. 22. 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 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. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 24. - CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 10 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. 26. NOTICES 26.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Michael J. Sinacori, P.E., Assistant City Engineer Public Works Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Phone: (949) 644 -3342 Fax: (949) 644 -3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Rick Kreuzer, P.E., President RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP 320 Main Street, Unit D Seal Beach, CA 90740 Phone: 714 - 656 -0160 Fax: 714 - 656 -0165 27. TERMINATION 27.1 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 11 27.2 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. 28. 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.). 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. 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. RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 12 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] RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP 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 nata. 'f_ /L3 /i'Y By: �. Aaron C. p City Attorney ATTEST: Date: 03.12 By.06w, bgr _ Leilani I. Brown ` City Clerk CITY OF NEWPORT BEACH, A Californ' mu icipal corporation Date: V By: L` 1rnn Dave City Manager CONSULTANT: RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP a alifojnia Corporation Date: 2/ 1Z By:I Rick reuzer President Date: d )2 b3 _ By:� i u- ' Kim Kreuzer Secretary [END OF SIGNATURES] ATTACHMENTS: EXHIBIT A —SCOPE OF SERVICES EXHIBIT B — SCHEDULE OF BILLING RATES RAK DEVELOPMENT, INC., dba KREUZER CONSULTING GROUP Page 14 EXHIBIT A rr euzer Scope of Services: • Roadway Widening Design • Roadway Rehabilitation Design • Drainage Design • Right of Way Engineering • Corridor Alignment Studies • Caltrans PSR's and PR's • Highway Design • Railroad Grade Separations • Project Management and Agency Support Services • Utility Coordination and Design • Field Survey and Base Mapping 320 Main Street, Unit D • Seal Beach, CA 90740 • phone 714 - 656 -0160 • fax 714- 656 -0165 D 9 9 9 9 9 9 9 9 9 9 9 i 7 f 1 1 i rL FE SCHE U SCHEDULE OF HOURLY BILLING RATES Typists, Word Processors .............................. Technician...................... ............................... Design Engineer / CADD ............................... Project Engineer ............. ............................... Principal /Project Manager .......................... FIELD PERSONNEL: Two -Man Survey Party, including Truck and Equipment.. Three -Man Survey Party, including Truck and Equipment SUPPORT & MISCELLANEOUS COSTS: M(OT ....... $50 ....... $70 ..... $105 ..... $135 ..... $200 ....... $210 ....... $250 Other Vehicles .................::...................................................... ............................... $0.551mi. Copies— Black & White ..................................... ............................... ......................$0.10 /pg• Copies— Color ......................................................................... ............................... $0.50 1pg. Plotting — Black & White .......................................................... ............................... $2.001ft Plotting— Color ........ :.............................................................................................. _ $4.00 1ft2 City of Newport Beach - Proposal to Provide On -Call Civil Engineering Services 2011 -2013 33 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2 -29 -2012 Dept. /Contact Received From: Tania Date Completed: 4 -05 -2012 Sent to: Tania By: Joel Company /Person required to have certificate: Krcuzer Consulting Group Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8- 31- 11/8 -31 -12 A. INSURANCE COMPANY: American Casualty Co. 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 $11M or greater): What is limit provided? 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) ® 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 ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 8 -31- 11/8 -31 -12 A. INSURANCE COMPANY: American Casualty Co. 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 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 0 Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVEIEXPIRATION DATE: 8- 31- 11/8 -31 -2012 A. INSURANCE COMPANY: Valley Forge Insurance Co. 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 V POLLUTION LIABILITY V BUILDERS RISK ❑ N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 4 -05 -12 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 $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract. ACCWV ®r O INSURANCE 4/3/2012 YI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 Irvine CA 92604 CONTACT Tina Cowie NAME: PHONE (714) 731 -7700 FgIC NO:dT14)731 -7750 E-D OAI es S.tina @cornerstonespecialty.com INSURER(S) AFFORDING COVERAGE NAIC q' INSURER A :American Casualty CO 20427 INSURED KREUZER CONSULTING GROUP 320 Main Street, Unit D Seal .Beach CA 90740 INSURERE-Yalley Forge Insurance Company 0508 INSURER C Travelers INSURER O: INSURER E: $ 2,000,000 1 INSURER F: • COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR COVERAGES CERTIFICATE NUMBER:11 /12 ALL COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBS POLICY NUMBER MMIDDIYEFF MMIDDY� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A • COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR X 4017701676 8/31/2011 8/31/2012 PREMISES Ea occurrence $ 300,000 MED EX? (Any one person ) S 10,000 PERSONAL S AW INJURY $ 2,000,000 • ADDITIONAL INSURED PER FORM NSB- 300176 -B X I BLNRT WVR OF SUBRO GENERAL AGGREGATE S 4,000,000 IF REQUIRED BY WRITTEN GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 4,000,000 OONTRACT POLICY X PRO- F7 LOC S AUTOMOBILE LIABILITY Me OMaBINtlEeDt SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) S A ANY AUTO ALL OWNED SCHEDULED -OOWNED 4017701676 8/31/2011 8/31/2012 IHIRED BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per cculen S X NON AUTOS AUTOS 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC) RETENTION$ $ $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY PROPRIEiORIPARTNERIEXECUTIVE X WC STATUS OTH- E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA 4017706618 8/31/2011 8/31/2012 E.L. DISEASE - EA EMPLOYEE S 11000,000 If yes, describe under DESCRIPTION OF OPERATIONS Wm E.L. DISEASE - POLICY LIMIT S 1,000,000 C Professional Liability 105337261 8/31/2011 8/31/2012 Each Deno $1,000,000 Claims Made Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (AUach ACORD 101, Additional Remarks Schedule, If more space is required) RE: On -call Engineering Services. Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non - payment of premium. For Professional Liability, the aggregate limit is the total insurance for all covered claims reported within the policy period.. msinacori @newportbeachca.g City of Newport Beach Attn: Michael Sinacori, PE 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cowie /TCOWIE ©1988 -2010 INS025onicamn1 Th. GCr)Pn nsmo and Innn aro ronic}eroH mar4e of Ar.(1Rn `°lo__ ® CERTIFICATE OF LIABILITY INSURANCE 2/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A-299 Irvine CA 92604 CN nE: ONTACT Tina Cowie PHONE (714)731 -7700 gAIL No: (114)]31 -7760 EMAIL tine @cornerstones ecialt tom ADDRESS: P y INSURERS AFFORDING COVERAGE NAIL d INSURER A American Casualty C:O D427 INSURED KREUZER CONSULTING GROUP 320 Main Street, Unit D Seal Beach CA 90740 INsuRERB:Valley Forge Insurance Company 0508 INSURER C Travelers I INSURER D: NSURERS: INSuRERF: COVERAGES CERTIFICATE NUMBER:11 /12 ALL COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MWDD 1yYY1`1 POLICY EXP I fMMJDDrYYYYJ LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS4AOE 7 OCCUR X 4017701676 8/31/2011 8/31/2012 PREMISES r rzence 5 300,000 MEO EXP(Any one person) $ 10,000 PERSONAL &AOV INJURY S 2,000,000 X ADDITIONAL INSURED PER FORM NSB- 300176 -B X BLNNT WVR OF SUBRO GENERAL AGGREGATE $ 4,000,000 IF REQUIRED BY WRITTEN GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO S 4,000,000 ONITRACT POLICY X PRO LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea..cide., 5 1 000 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED 4017701676 /31/2011 /31/2012 BODILY INJURY (per accident) S X PROPERTY DAMAGE Peraceident S HIRED AUTOS X NONOVJNED AUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CWMS -MADE DED RETENTIONS S B WORKERS COMPENSATION AND EMPLOYERS'LUIBLJTY YIN ANY PROPRIETORIPARTNER IEXECUTIVE❑ X WC STATU DTFF E.L. EACH ACCIDENT S 1,000,000 OFFICERIMEMSER EXCLUDED? (Mandatory In NH) NIA 4017706618 /31/2011 /31/2012 E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes. descries under E.L. DISEASE - POUCY LIMIT S 11000,000 DESCRIPTION OF OPERATIONS DeI C Professional Liability 105337261 8/31/2011 /31/2012 Eacn Gam $1,000,000 Claims Made Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 141, Additional Remarks Schedule, it more space is required) RE: On -call Engineering Services. Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non - payment of premium. For Professional Liability, the aggregate limit is the total insurance for all covered claims reported within the policy period. msinacori @newportbeachca.g City of Newport Beach Attn: Michael Sinacori, PE 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 -8915 ACORD 251`21`11011`151 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cowie /TCOWIE (i119RR -201n ACORD CORPORATION All rinhts INSn25 on,.nsf m Thu Ar.nPn noma and Innn arc rcnicturoH markc of ar.Opn INSURED: Kreuzer Consulting Group POLICY NUMBER: 4017701676 POLICY PERIOD: 8/3112011- 8/31/2012 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION /AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Section C., -Who is an Insured: damage," "personal and advertising injury" arising out of an architect's, engineer's, or A. The Businessowners Liability Coverage form is surveyor's rendering of or failure to render any amended to include as an insured, any person or professional services, including: organization whom you are required to add as an additional insured on this policy under a written a. The preparing, approving, or failing to contract or written agreement, but the written prepare or approve maps, shop drawings, contract or written agreement must be: opinions, reports, surveys, field orders, change orders or drawings and 1. Currently in effect or becoming effective during specifications by any architect, engineer or the term of this policy; and surveyor performing services on a project of 2. Executed prior to the "bodily injury," "property which you serve as a construction manager; damage," or "personal and advertising injury." or B. The insurance provided to the additional insured is b. Inspection, supervision, quality control, limited as follows: engineering or architectural services done by you on a project of which you serve as 1. That person or organization is an additional construction manager. insured solely for liability due to your negligence "your 5. This insurance does not apply to "bodily injury," specifically resulting from work" for the "property damage," or "personal and advertising additional insured which is the subject of the injury" arising out of: written contract or written agreement. No coverage applies to liability resulting from the a. The construction or demolition work while sole negligence of the additional insured. you are acting as a construction or 2. The Limits of Insurance applicable to the demolition contractor. This exclusion does additional insured are those specified in the not apply to work done for or by you at your written contract or written agreement or in the premises. Declarations of this policy, whichever is less. D. Other Insurance (Section H.2. and H.3.) of the These limits of Insurance are inclusive of, and Businessowners Common Policy Conditions are not in addition to, the Limits of Insurance shown deleted and replaced with the following: in the Declarations. 2. This insurance is excess over any other 3. The coverage provided to the additional insured insurance naming the additional insured as an within this endorsement and section titled insured whether primary, excess, contingent or Liability and Medical Expenses Definitions — on any other basis unless a written contract or "Insured Contract" (Section F., item 9.), within written agreement specifically requires that this the Businessowners Liability Coverage Form,, insurance be either primary or primary and does not apply to "bodily injury" or "property noncontributing to the additional insured's own damage" arising out of the "products- completed coverage. This insurance is excess over any operations hazard" unless required by the other insurance to which the additional insured written contract or written agreement. has been added as an additional insured by 4. The insurance provided to the additional insured endorsement. does not apply to "bodily injury," "property SB- 300176 -B Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 (Ed. 01/08) Copyright, Insurance Services Office, Inc. CNAdamage" included in the "products- completed 3. When this insurance is excess, we will have no operations hazard," and for medical expenses duty under Coverages A or B to defend the payable under Coverage A.2. regardless of the additional insured against any ".suit" if any other number of: insurer has a duty to defend the additional a. Insureds; insured against that "suit" if no other insurer b. Claims made or "suits" brought; or defends, we will undertake to do so, but we will be entitled to the additional insured's rights c. Persons or organizations making claims or against all those other insurers. bringing "suits." When this insurance is excess over other 3. Any payments made under Coverage A.I. for insurance, we will pay only our share of the damages or under Coverage A.2. for medical amount of the loss, if any, that exceeds the sum expenses shall reduce the Construction Project of: General Aggregate limit for the applicable (a) The total amount that all such other construction project. Such payments shall not insurance would pay for the loss in the reduce the General Aggregate limit shown in the absence of this insurance; and Declarations nor shall they reduce any Construction Project General Aggregate limit (b) The total of all deductible and self- insured applicable to other construction projects. amounts under all that other insurance. 4. The limits shown in the Declarations for Liability We will share the remaining loss, if any, with any and Medical Expenses, Damage to Premises other insurance that is not described in this Rented to You, and Medical Expenses continue Excess Insurance provision and was not bought to apply. However, instead of being subject to specifically to apply in excess of the Limits of the General Aggregate limit shown in the Insurance shown in the Declarations of this Declarations, such limits will be subject to the Coverage Part. applicable Construction Project General E. Transfer of Rights of Recovery Against Others Aggregate limit. To Us (Section K.2.) of the Businessowners B. For all sums which the insured becomes legally Common Policy Conditions is deleted and obligated to pay as damages caused by replaced with the following: "occurrences," and for all medical expenses caused 2. We waive any right of recovery we may have by accidents, which cannot be attributed only to against any person or organization against ongoing operations at a single construction project: whom you have agreed to waive such right of 1. Any payments made under Coverage A.1. for recovery in a written contract or agreement damages or under Coverage A.2. for medical because of payments we make for injury or expenses shall reduce the amount available damage arising out of your ongoing operations under the General Aggregate limit or the or "your work" done under a contract with that Products /Completed Operations Aggregate limit, person or organization and included within the whichever is applicable; and "products- completed operations hazard." 2. Such payments shall not reduce any 9. Amendment- Aggregate Limits of Insurance (Per Construction Project General Aggregate limit. Project) C. When coverage for liability arising out of the A. For all sums which the insured becomes legally "products- completed operations hazard" is provided, obligated to pay as damages caused by any payments for damages because of "bodily "occurrences" under Coverage A.1., and for all injury" or "property damage" included in the medical expenses caused by accidents under "products- completed operations hazard" will reduce Coverage A.2., which can be attributed only to the Products /Completed Operations Aggregate limit, ongoing operations at a single construction project: and not reduce the General Aggregate limit nor any 1. A separate Construction Project General Construction Project General Aggregate limit. Aggregate limit applies to each construction D. If a construction project has been abandoned, project. The Construction Project General delayed, or abandoned and then restarted, or if the Aggregate limit is equal to the amount of the authorized contracting parties deviate from plans, General Aggregate limit shown in the blueprints, designs, specifications or timetables, the Declarations. project will still be deemed to be the same 2. The Construction Project General Aggregate construction project. limit is the most we will pay for the sum of all E. The provisions of the Limits Of Insurance section damages payable under Coverage A.1., except not otherwise modified by this endorsement shall damages because of "bodily injury" or "property continue to apply as stipulated. SB- 300176 -B Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 (Ed. 01/08) Copyright, Insurance Services Office, Inc.