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HomeMy WebLinkAboutC-4921 - PSA for Streetlight Improvement ProjectAMENDMENT NO. TWO TO -� PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. FOR STREETLIGHT IMPROVEMENT PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. Two ") is made and entered into as of this 22nd day of July, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City'), and JMDIAZ, INC., a California corporation ("Consultant"), whose address is 18645 E. Gale Avenue, Suite 212, City of Industry, CA 91748 -1363, and is made with reference to the following: RECITALS A. On September 6, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement') for the preparation of construction documents for the Fiscal Year 2011 -2012 Streetlight Improvement Project ( "Project'). B. On September 11, 2012, City and Consultant entered into an Amendment No. One to the Agreement ( "Amendment No. One") to reflect additional services for the preparation of construction documents for the Fiscal Year 2012 -2013 Streetlight Improvement Project, to extend the term of the Agreement, to increase the total compensation and to update insurance requirements. C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement or Amendment No. One for the preparation of construction documents for the Fiscal Year 2013 -2014 Streetlight Improvement Project, to extend the term of the Agreement to March 31, 2014, 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. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: 'The term of this Agreement shall commence on the Effective Date, and shall terminate on March 31, 2014, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services' or "Work'). Exhibit A of the Agreement, Exhibit A of Amendment No. One and Exhibit A of Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ( "Services" or "Work "). Exhibit B of the Agreement, Exhibit B of Amendment No. One and Exhibit B of Amendment No. Two shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Four Thousand Six Hundred Seventy Dollars and 00 /100 ($104,670.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." 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 Fifty Four Thousand Six Hundred Seventy Five Dollars and No /100 ($64,675.00). 4. INSURANCE Section 14 and Exhibit C of the Agreement are amended in their 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." 5. 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] JMDiaz, 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 ATTORN Y'S OFFICE Date: Q 13 By: Aaron C -Harp City Attorney ATTEST: Date: Z By: 40i - Nm—, Leilani I. Brown rr� City Clerk Pn%,1%1 CITY OF NEWPORT BEACH, a California municipal corporation Date: '10-',1 % By: Dave iff City Manager CONSULTANT: JMDiaz, Inc., a California corporatio Date: �� Juin M. Diaz, PE (� President and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements JMDiaz, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES JMDiaz, Inc. Page A -1 EXHIBIT A Scope of Services Our proposed work plan has been specified as follows: Phase I — Preliminary Design Task 1.1 — Project Administration, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. A total of three (3) meetings between the City and JMD will be held to keep all parties Informed, resolve issues and successfully complete the project. We anticipate no portions of the project are located within State right -of -way nor will require any special permitting. Task 1 -2 — Research /Data Collection /Utility Coordination JMD will obtain documentation and electronic files available from the City pertaining to this project. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing right -of -way and utility information in order to become familiar with the project, ascertain the completeness and accuracy of available information and determine additional information requirements. Base plans will be prepared utilizing information obtained from the City. Field reviews will be performed with City staff to verify existing information or identify existing facilities unavailable during research. This task involves identifying surface topographic features and utilities to be included Into the plans which may be necessary for street lighting design. This task also includes reviewing design issues and identifying topographic constraints which may impact the proposed design. The project will consist of the following: Due to the straightforward nature of the project, field review(s) for the project is anticipated to consist of the following: The project site will be field inventoried to determine existing and proposed locations of street lighting equipment, right -of -way, sidewalk and miscellaneous topographic features. Any recommended additions or deletions to the project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will provide field base mapping and utility clarifications during field reviews. This task includes performing substructure investigation from utility notice distribution and handling responses to each notice. Utilities obtained from as -built data will be shown on the plans. JMD will coordinate with City staff to identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will assist City staff in coordinating with the Southern California Edison Company (SCE) for new service cabinet(s) within the project limits. JMD will provide utility notices and coordination of plan review, approval, and adjustment, if any, with utility agencies. Utility notices will be sent immediately upon a Notice -to- Proceed (NTP) to determine potential conflict locations, Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data of existing features provided by the City. Phase li — 75% Design Task 11 -1 — 75% Preliminary Plans After review and approval of the detailed recommendations by the City, JMD will prepare preliminary construction plans for the proposed street lighting improvements. In addition, plans will comply with City regulations and standards. The following outlines the specific design plans and details: Titre Sheet JMD will prepare a title sheet containing a vicinity map, general notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Street Lighting Plans JMD will prepare detailed street lighting plans in AutoCAD 2011 or later file format at a scale of 1 " =40' using a City - provided title block. These plans will identify existing and proposed street lighting features as well as pertinent details. Deliverables The following are the estimated plan sheets and quantities proposed for the project: `Title Sheet 1 Construction Notes and Site Map 1 1 Street Lighting Plans 15 Total 17 We understand all blueprinting, photocopying and other related printing services will be coordinated by JMD through Santa Ana Blueprint, which is an acceptable vendor to the City. Task It -2— Construction Bid Items, Specifications and Cost Estimate JMD will prepare a list of construction bid items, specifications and opinion of probable construction cost for the project. The opinion of probable construction cost will include a list of proposed items, estimated quantities, and current unit costs resulting in line -item cost estimates. At the first plan check, a preliminary cost estimate will be developed for comparison with previous project budget estimates. Back -up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate to validate construction bids by contractors during the bidding process. Task II -3 —Voltage Drop Calculations To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5 %. This methodology has been successfully utilized in previous projects with the City of Newport Beach and will continue with this project unless the City determines a different value. JMD will submit preliminary plans, specifications, and construction cost estimates (PS &E) at the 75% and 100% milestones to the City for review. In an effort to expedite the schedule, JMD will deliver in- progress submittals to the City for review of comments received. This will allow the City to review specific comments without waiting for a formal milestone submittal. Phase III — 90% Design Task 111 -1 — Address /incorporate Comments and Prepare 90% Submittal JMD will address and incorporate the 75% review comments provided by City departments for the project. JMD will then prepare and submit the 90% level package. Phase IV — 100% Design Task IVA — Address /Incorporate Comments and Prepare 100% Submittal JMD will address and incorporate the 90% review comments provided by City departments for the project. JMD will then prepare and submit the 100% level package. Phase V — Final Approval Design Task V -1— Addresslincorporate Comments and Prepare Final Approval Submittal JMD will address and incorporate the 100% review comments provided by City departments for the project. JMD will then prepare and submit the Final Approval level package. JMD will submit signed and sealed mylar plan sheets and digital engineering plans and drawings on compact disk (CD) in AutoCAD 2011 or later format; seated original hard copy and CD in MS Word format of the bid items, cost estimates, calculations and notes generated by the project. The following are the proposed deliverables: • One (1) set of original signed and sealed title sheet on 24 "x36" mylar medium, construction bid items, specifications and cost estimates. • One (1) set of original street lighting plans and detail sheets on 24 "x36" bond medium to be submitted to the City through the City's reproduction company. • Digital files of project plans in AutoCAD 2011 or later format on CD medium. Phase VI — Construction Engineering Assistance Upon the City's request, JMD will assist the City with the following: Task VI -1 — As -Built Plans JMD will prepare "as- built' drawings following construction completion. EXHIBIT B SCHEDULE OF BILLING RATES JMDiaz, Inc. Page B -1 {{ M M 0 a a m m W m 'nl m m w v d w rn v v g 5i rn poi w w iR w N c O h m Q h tO M N N N " O 1` C W ✓� a C W V rn _ 6 0 a tt44yy O 3 N p- Ea m @ E E v m E E E n D m h e E p E iz ca 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 JMDiaz, Inc. -..- I's 5. 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 coverage. 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 JMDiaz, 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. K 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. JMDiaz, Inc. Page C -3 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 Ed ewood Partners Insurance Center (EPIC) k_1_H:-MML CONTACT NAME ....._... 19800 MacArthur Blvd. PH Floor NE (aC No ELI (949)2G 4 @e6 PaXtaLc,, NeL,.,(949 .263 Irvine, CA 92612 ADDRESS: INSURED JIM Diaz, Inc. DBA: JMD 18645 E. Gale Ave., Ste #212 City of Industry CA 91748 COVERAGES CERTIFICATE NUMBER: 16940819 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 ALI. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR '��.''... 'ADDL uSRPo_ _ LTR TYPE Or INSURANCE POLICY NUMBER POLICY EPf �.. POUCY E %P _ __ __...........__.___..�._ MMtDD Y Mmdoo "YY LIMITS A : GENERAL LIABILITY ; V i �72SBAUW7362 1 511012013 5/10/2014 EACH OCCURRENCE $ 1,000,000. I ✓ COMMERCIAL GENERAL LIABILITY . CLAIMS -MADE 3 � OCCUR ; _ DAMAGE TO RENTED .. � l PREMISES (Ea o¢urra . $ € r MEDEXP Any o ne person) $ s __ 300A00 10,000 i PESONAL &ADVINJURY y,$ 1.000,000 GENE IL AGGREGATE 2,000,000 L GENL AGGREGATE LIMIT APPLIES PER: I y$ PRODUCTS - COMP /OP AGG $ — 2,000,000 r ✓ POLICY PRO I LOC JFCT Is A AUTOMOBILE LIABILITY 72SBAUW7362 i 5/10/2013 5%10/2014 COMBINED SINGLE LIMIT .(Ea accglenL _ $ -- _ 1 000,000 ANY AUTO pALL OWNED SCHEDULED BODILY INJURY (Per person) $ BODILYINJURY(Per accident) AUTO$ AUTOS NON -OWNED $ PROPERTY DAMAGE InREO ApT08 x.11 gUTOS ILPa, soddenQ $ I I $ �/ OCCUR! A UMBRELLA LIAR I 72SBAUW7362 i EACH URRENC $ E OCCURRENCE I Sf10t2013 � 5t1Ot20t4 0,000 2 .._ 00 EXCESS LIAR i CUMMS -MADE I s AGGREGATE $ 2000,000 DED I— RETENT30N$10,000 I $ IS B wORKER5 COMPENSATION 72WECNZOIIO AND EMPLOYERS' LIABILITY YIN 6/27/2013 .6127/2014 we STATU oET 1. ,TORY LIMITS ANY PROPRIBTORIPARTNERVEXECUTIVE 1 OFFICFRIMEMBEft E %GLUDED? N /Ai ❑ - EL EACH ACCIDENT $ i'- - . 1000000 (Ma"I"nory in NHI I E.L. DISEASE EA EMPLOYEEa $ 1 o0Q M0 If yes, tlpacribe under DESCRIPTION OF OPERATIONS below I E.L. ' DISEASE POLICY LIMIT I $ 1,000,000 C Professional Liability 105263164 4/812013 418/2014 $2,000,000 per Claim Claims Made Form $2,000,000 Aggregate etro e' 4/8!20 5 $5,000 Per Claim Deductible DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace Is regmrad) RE: FY 2011.2012 Street Light Improvement Workers Compensation Waiver of Subrogation applies per Form WC 99 03 03 B (Attached). Certificate holder is additional insured for general liability and hired and non -owned automobile liability coverage per form SS0008(04105) attached. General liability and hired and non -owed automobile liability coverages are primary and non - contributory and waiver of subrogation applies per SS0008 04/0 but only if required by written contract with the named insured or or to an occurrence. o all policy terms and conditions, CERTIFICATE HOLDER CANCELLATION RE: FY 2011 -2012 Street Light Improvement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach, its officers, agents, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN emplo ees and volunteers Attn: Peter Tauscher, Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE PO BOX 1765 3300 Newport Boulevard Newport Beach CA 92658 Ivan Eskenazie 1988.2010 ACORD CORPORATION. All rights reserved, ACORD 25 (2010 /05) The ACORD name and logo are registered marks of ACORD CES NO_; 199408111 P.oetr." 1' 1ec, usss.owc 7/.'201} 9:33,98 W. 1 age 1 0€ 6 JM Diaz, Inc. DBA: JMD 0 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers ", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or o "volunteer worker"), or any organization d while acting as your real estate manager. rn O c. Temporary Custodians Of Your Properly o Any person or organization having proper o temporary custody of your property if you a die, but only: cNi (1) With respect to liability arising out of the �~ maintenance or use of that property; and N (2) Unfit your legal representative has N been appointed. d. Legal Representative if You Die Your legal representative if you die, but only with respect to duties as such. That representative will have ail your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity MON of which you own a financial Interest of more than 50% of the voting stock on the low effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named Insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be ME ME an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. an 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, KIM other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50%u of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However. a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and Form SS 00 08 04 05 COR'P S0.: 16300811 01e1 r -' -- lll y'- J1- , m 'I /B /2 11 9:33:38 All Page 2 bE 6 72SBAUW7362 7/8/2013 BUf& S LIABiLITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any m ator vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respell to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co- "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 8. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Page 11 of 24 BUSINESS LIABILITY COVEW FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products, insured under this provision only for that (f) Demonstration, Installation, period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed However, no such person or organization is an at the vendors premises in connection with the safe of the additional insured under this provision if such Product; person or organization is included as an additional insured by an endorsement issued (9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the rife negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or these "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on itts s behalf. However, this or sold In the regular course of the vendor's exclusion does not apply to; business and only if this Coverage Part provides coverage for "bodily inW or (1) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products - completed operations hazard ". (it) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sate of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person organization from reason of the assumption of whom you have acquired such products, cq liability in a contract or agreement. container, any ingredient, part container, This exclusion does not apply to entering into, accompanying or a a liability for damages that the containing such products, vendor would have in the absence of the contract or agreement, b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you tease equipment; but only (c) Any physical or cherrdcal change with respect to their liability for "bodily ", "property in the product made intentionally injury damage" or "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 CExT MO.: 16940819 Dnm[vcvaiefig"wce3intt. com I /i3 /3013 9:39138 AM Hage 3 of 6 Buses LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury ", "property damage" leased to you. or "personal and advertising m (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or Insurance does not apply to: municipality; or o (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" o place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard ". N premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. 0 operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. *property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or s only with respect to liability for "bodily the acts or omissions of those acting 1 injury", "property damage" or "personal on your behalf: and advertising injury" Caused, in whole (a) in the performance of your Now or in part, by your ads or omissions or ongoing operations; the ads or omissions of those soling on (b) In connection with your premises your behalf. owned by or rented to you; or 11= (a) In connection with your premises; (c) In connection with "your work" and iiaiiiiiii or included within the "products- (b) In the performance of your completed operations hazard ", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides ® "bodily injury", "property damage" or coverage for gbodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) Wth respect to the insurance afforded URI (a) The preparing, approving, or to these additional insureds, this saw failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", rY", 'Property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 CSkT NO_: YNA1(Itl19 PF` ° =x ,., 39 . "obtllns _4o. 'IS/ Z413 S. ey; }6 AF: P-9e 4 a£ 6 Diaz, Inc. DB A: JMt7 72SBAUW7362 71812493 DB BUSINESS LtABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no -fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable tirrrri t of Insurance. An weed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimanfs legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance Is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other Insurance by the method described in c, below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That Is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. P 16 of 24 Form SS 00 08 04 05 �D crewed w pdfFa y-Pro,,trio):ver6iawm vw.Pdffactory.com BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An W When this insurance is excess over other Additional Insured To Other i insurance, we will pay only our share of Insurance t the amount of the loss, if any, that That is other insurance available to e exceeds the sum of. you covering liability for damages ( (1) The total amount that all such other arising out of the premises or i insurance would pay for the toss In the operations, or products and completed a absence of this insurance; and operations, for which you have been ( (2) The total of all deductible and self - added as an additional insured by that i insured amounts under all that other insurance; or i insurance. (7) When You Add Others As An W We will share the remaining loss, if any, with Additional Insured To This a any other insurance that is not described in Insurance t this Excess Insurance provision and was not That is other insurance available to an b bought specifically to apply in excess of the additional insured, L Limits of Insurance shown in the However, the following provisions D Declarations of this Coverage Part apply to other insurance available to c c. Method Of Sharing any person or organization who is an I If all the other insurance permits additional insured under this Coverage c contribution by equal shares, we will follow Part t this method also, Under this approach, (a) Primary Insurance When e each insurer contributes equal amounts Required By Contract u until it has paid its applicable limit of This Insurance is primary if you i insurance or none of the loss remains, have agreed in a written contract, w whichever comes first. written agreement or permit that i if any of the other insurance does not permit this insurance be primary. If other c contribution by equal shares, we will insurance is also primary, we will c contribute by limits. Under this method, each share with all that other insurance i insurers share is based on the ratio of its by the method described in c. a applicable limit of insurance to the total below. a applicable limits of insurance of all insurers. (b) Primary And Non - Contributory S S. Transfer Of Rights Of Recovery Against To Other Insurance When O Others To Us Required By Contract a a. Transfer Of Rights Of Recovery If you have agreed In a written I If the insured has rights to recover all or contract, written agreement or p part of any payment, including permit that this insurance Is S Supplementary Payments, we have made primary and non - contributory with u under this Coverage Part, those rights are the additional insured's awn t transferred to us. The insured must do insurance, this insurance is n nothing after loss to impair them. At our primary and we will not seek r request, the insured will bring "suit" or contribution from that other t transfer those rights to us and help us insurance. e enforce them. This condition does not Paragraphs (a) and (b) do not apply to a apply to Medical Expenses Coverage, other insurance to which the additional b b. Waiver Of Rights Of Recovery (Waiver insured has been added as an O Of Subrogation) additional insured. if the insured has waived any rights of W i Form SS 00 08 p 05 Page 17 of 24 QDF created ens , ?Aa®tory.Iare tala( versiom.4vww.pdffactory.com CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/22/13 Dept. /Contact Received From: Date Completed: 7/23/13 Sent to: Company /Person required to have certificate: Type of contract: Lucie By: Chris /Renee JM Diaz All Others I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 5/10/13 - 5110/14 A. INSURANCE COMPANY: Hartford Casualty 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 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 ?) 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: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: 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 It. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 5/10/13- 5/10/14 A. INSURANCE COMPANY: Hartford Casualty 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 0 Yes ❑ No ❑f. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 6/27/13- 6/27/14 A. INSURANCE COMPANY: Hartford Accident and _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 V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7%23/13 Date D N/A ® Yes ❑ No ® N/A ❑ Yes © No ® NIA 0 Yes [:]No /.1 RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management * Subject to the terms of the contract. Date e 1 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. FOR FY 2011 -2012 STREETLIGHT IMPROVEMENT PROJECT THIS AMENDMENT NO ONE TO AGREEMENT FOR PROFESS OWN SERVICES ( "Agreement') is made and entered into as of this 11t1l day of 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and JMDiaz, Inc., a California corporation ( "Consultant'), whose address is 18645 East Gale Avenue, Suite 212, City of Industry, CA 91748 and is made with reference to the following: 0xyrr_3 %� A. On September 6, 2011 City and Consultant entered into a Professional Services Agreement ( "Agreement') for the preparation of constructions documents for the Fiscal Year 2011 -2012 Streetlight Improvement Project ('Project'). B. City desires to enter this Amendment No. One to reflect additional services not included in the Agreement for Fiscal Year 2012 -2013, to extend the term of the Agreement, to increase the total compensation and to update the City's standard insurance requirements. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on September 6, 2011, and shall terminate on August 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Exhibit A of the Agreement shall be supplemented to include the additional Services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT Exhibit B of the Agreement shall be supplemented to include the additional compensation as described in the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty Nine Thousand Nine Hundred Ninety Five Dollars and 00 /100 ($49,995.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4. INSURANCE Section 14 of the Agreement shall be 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. 5. 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] JMDiaz, Inc. Page 2 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: ail q l j v By: a. r Aaron arp City Attorney ATTEST: Date: 1,11 -IR Leilani I. Bro. City Cler J CITY OF NEWPORT BEACH, A Californi mu 'cipal corporation Date: -G. Badum orks Director CQNSULTANT: JMDiaz, Inc., a California corporatio Date: ab�4 (2• Ju�rylVl. Diaz, P.E. President and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements A 12-00569/Amd No 1 JMDiaz, Inc. Page 3 EXHIBIT A Scope of Services Our proposed work plan has been specified as follows: Phase I — Preliminary Design Task 1 -1— Project Administration, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. A total of three (3) meetings between the City and JMD will be held to keep all parties informed, resolve issues and successfully complete the project. We anticipate no portions of the project are located within State right -of -way nor will require any special permitting. Task 1 -2— Research/Data Collection/Utility Coordination JMD will obtain documentation and electronic files available from the City pertaining to this project. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing right -of -way and utility information in order to become familiar with the project, ascertain the completeness and accuracy of available information and determine additional information requirements. Base plans will be prepared utilizing information obtained from the City. field reviews will be performed with City staff to verify existing information or identify existing facilities unavailable during research. This task involves identifying surface topographic features and utilities to be included into the plans which may be necessary for street lighting design. This task also includes reviewing design issues and identifying topographic constraints which may impact the proposed design. Due to the straightforward nature of the project, field review(s) for the project is anticipated to consist of the following: The project site will be field inventoried to determine existing and proposed locations of street lighting equipment, right -of -way, sidewalk and miscellaneous topographic features. Any recommended additions or deletions to the project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will provide field base mapping and utility clarifications during field reviews. This task includes performing substructure investigation from utility notice distribution and handling responses to each notice. Utilities obtained from as -built data will be shown on the plans. JMD will coordinate with City staff to identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will assist City staff in coordinating with the Southern California Edison Company (SCE) for new service cabinets) within the project limits. JMD will provide utility notices and coordination of plan review, approval, and adjustment, if any, with utility agencies. Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data of existing features provided by the City. Phase II — 75% Design Task II -1— 75% Preliminary Plans After review and approval of the detailed recommendations by the City, JMD will prepare preliminary construction plans for the proposed street lighting improvements. In addition, plans will comply with City regulations and standards. The following outlines the specific design plans and details: ]idle Sheet JMD will prepare a title sheet containing a vicinity map, general notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Street Ughtfng Plans JMD will prepare detailed street lighting plans in AutoCAD 2011 or later file format at a scale of 1 "=40' using a City- provided title block. These plans will identify existing and proposed street lighting features as well as pertinent details. Deliverables The following are the estimated plan sheets and quantities proposed for the project: P rc Title Sheet 1 Street Lighting Plans 3 Total 4 We understand all blueprinting, photocopying and other related printing services will be coordinated by JMD through Santa Ana Blueprint, which is an acceptable vendor to the City. Task II -2 — Construction Bid Items, Specifications and Cost Estimate JMD will prepare a list of construction bid items, specifications and opinion of probable construction cost for the project. The opinion of probable construction cost will include a list of proposed items, estimated quantities, and current unit costs resulting in line -item cost estimates. At the first plan check, a preliminary cost estimate will be developed for comparison with previous project budget estimates. Back -up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate to validate construction bids by contractors during the bidding process. Task II -3 — Voltage Drop Calculations To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5 %. This methodology has been successfully utilized in previous projects with the City of Newport Beach and will continue with this project unless the City determines a different value. JMD will submit preliminary plans, specifications, and construction cost estimates (PS &E) at the 75% and 100% milestones to the City for review. In an effort to expedite the schedule, JMD will deliver in- progress submittals to the City for review of comments received. This will allow the City to review specific comments without waiting for a formal milestone submittal. Phase III — 100% Design Task III -1— AddressMcorporate Comments and Prepare 100% Submittal JMD will address and incorporate the 90% review comments provided by City departments for the project. JMD will then prepare and submit the 100% level package. Phase IV — Final Approval Design Task IVA — Address/Incorporate Comments and Prepare Final Approval Submittal JMD will address and incorporate the 100% review comments provided by City departments for the project. JMD will then prepare and submit the Final Approval level package. JMD will submit signed and sealed mylar plan sheets and digital engineering plans and drawings on compact disk (CD) in AutoCAD 2011 or later format; sealed original hard copy and CD in MS Word format of the bid items, cost estimates, calculations and notes generated by the project. The following are the proposed deliverables: • One (1) set of original signed and sealed title sheet on 24 "x36" mylar medium, construction bid items, specifications and cost estimates. • One (1) set of original street lighting plans and detail sheets on 24 "x36" bond medium to be submitted to the City through the City's reproduction company. • Digital files of project plans in AutoCAD 2011 or later format on CD medium. Phase V — Construction Engineering Assistance Upon the City's request, JMD will assist the City with the following: Task V -1 —As -Built Plans JMD will prepare "as- built' drawings following construction completion. Schedule Once given a Notice to Proceed, JMD anticipates that the major project milestones will be completed as follows: Phase/Task Duration Weeks from NTP ` 1 2 3 4 5 6 7 6 9 Research and Data Collection Draft 75% PS &E City Review' In Progress Submittals 100% PS &E City Review*" Final Approval Submittal ` Duration from obtaining a Notice -to- Proceed (NTP) from the City of Newport Beach. " May vary depending on required agency review time. EXHIBIT B Cost Summary FY 12.13 Streetlight Improvement Project City of Newport Beach Submitted by: JMD Au ust3,2012 TASK DESCRIPTION Project Administration /Meetings / Coordination° 7 12 8 TOTAL 21 $160 L�LgA!�tC $2,270 'D elivedes/Mlleage 1.1 1.2 Research /Data ColiectionfUtillty Coordination 2 8 16 4 30 350 $2,250 ' DelivedesfMlleage II -1 Title Sheet and Plans (4 sheets) 2 4 241 40 8 7B $50 $8,070 - Delivedes/Mileage II -2 Construction Bid Items, Specifications and Cost Estimate 1 2 a 9 19 $50 $1,580 • Delivedes /Mileage II -3 Volta a Droo Calculations' 1 4 1 B 5535 111.1 lAddresslincomorate Comments and Prepare 100% Design .O 1L_ 21 1TI 321 41 67 $Sol $4,380 1 Delivedes/Mileage IKS Addressflnco amts Comments end Pre ere roust cf Plans 1 1 4 8 4 18 S50 $1,430 ' DelivedeslMilesge V -1 e o AN I As -Bulll Plans 1 1 4 8 4 18 5100 $1,480 ' Delivedes /Milee e TOTAL ESTIMATED LABOR HOURS T 26 70 104 41 247 TOTAL ESTIMATED DESIGN COST $19,996 Notes: a Assumes three (3) meetings for the entire project. b Voltage drop calculations will be performed for now lighting circuits. EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 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. 1.2 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, 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 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. 1.3.2 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, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed 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. 1.3.3 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 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 each accident. 1.3.4 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. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 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 from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 coverage. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance . .. -1 written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Co'nsultant's compensation. 1.5.3 Enforcement of Agreement 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. 1.5.4 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. 1.5.5 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. 1.5.6 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. 1.5.7 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, and that involve or may involve coverage under any of the required liability policies. 1.5.8 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. Ll9; PROFESSIONAL SERVICES AGREEMENT WITH JMDIAZ, INC. FOR FY 2011 -2012 STREETLIGHT IMPROVEMENT PROJECT THIS AGREEMENT FOR PROF SSION L SERVICES ( "Agreement') is made and entered into as of this-40—day of Jt4U& 2011 by and between the CITY OF NEWPORT BEACH, a California Municip I Corporation ( "City "), and JMDIAZ, INC., a California corporation ( "Consultant'), whose address is 18645 East Gale Avenue, Suite 212, City of Industry, CA 91748 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to improve streetlights located in the Anniversary Tract C. City desires to engage Consultant to prepare construction documents for the FY 2011 -2012 Streetlight Improvement Project ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Steve Itagaki. 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 August 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty Thousand Dollars and no /100 ($30,00.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. JMDiaz, Inc. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 4.5 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until City has accepted the final Work under this Agreement 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Steve Itagaki to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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 fumish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Peter Tauscher, Junior 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 his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. JMDiaz, Inc. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 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 JMDiaz, Inc. Page 4 ................ relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may he 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. 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 tiasis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. JMDiaz, Inc. Page 5 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. 14.4 Coverage Requirements 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per JMDiaz, Inc. Page 6 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) Coveraae. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. JMDiaz, Inc. Page 7 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or 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 City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City JMDiaz, Inc. Page 8 has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. JMDiaz, Inc. Page 9 22. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless JMDiaz, Inc. Page 10 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Peter Tauscher Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3316 Fax: (949) 644 -3318 27.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Steve Itagaki, Project Manager JMDiaz, Inc. 18645 East Gale Avenue, Suite 212 City of Industry, CA 91748 Phone: (626) 820 -1137 ,Fax: (626) 820 -1136 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. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting JMDiaz, Inc. Page 11 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 29.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. STANDARD PROVISIONS 30.1 Compliance With all Laws Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 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. 30.3 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. 30.4 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. 30.5 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. JMDiaz, Inc. Page 12 30.6 Amendments This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.7 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.8 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. 30.9 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. 30.10 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. 30.11 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. JMDiaz, 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 OF NEWPORT BEACH, OFFIC . F THE CITY ATTORNEY A Cali mu icipal corporation Date: Date:7 Leonie Mulvihill�i2 S hei G um Assistant City Attorney Publ. orks Director ATTEST•. Date: Y - Lem i O�rown City Clerk NSULTANT: JMDIAZ, INC., a California orpor tion Date: 2-2-, < < B Juan . Diaz, P.E., President and Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates JMDiaz, Inc. Page 14 On ON JMD PLANNING I ENGINEERING I MANAGEMENT July 13, 2011 Ms. Iris Lee Senior Civil Engineer City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 -3884 SUBJECT: Proposal for FY 11 -12 Streetlight Improvement Project City of Newport Beach, California Dear Ms. Lee: 2011.1112.0019.00 JMD is pleased to submit this proposal to provide professional engineering design services for the proposed FY 11 -1 2Streetlight Improvement Project in the City of Newport Beach. Our proposal, which remains in effect for a period of 90 days, has been prepared in accordance with the City's Request for Proposal (RFP), dated June 21, 2011, and outlines our qualifications and scope of services for the subject project. We have assembled a comprehensive project team with extensive local knowledge and experience to assist the City with the proposed fiscal year (FY) 11 -12 Streetlight Improvement Project. JMD's objective is to assist the City in achieving its goals in a timely and responsive manner with minimal review time by City staff. Assigned to this important project is one of our most qualified, experienced, diverse and local Project Managers, Steve Itagaki, P.E., T.E., P.T.O.E., who has over 20 years of transportation experience with expertise in traffic and civil engineering. He has been involved in numerous multidiscipline projects including: street lighting, roadway, streetscape, traffic signal, grade crossing, parking lot rehabilitation, highway interchange and utility improvement projects. Mr. Itagaki has prepared designs for numerous agencies throughout California including the City of Newport Beach. He has expertise in signing, striping, traffic signal, street lighting and traffic control design involving the preparation of plans, specifications and estimates (PS &E) for various municipalities. He is experienced in providing street lighting analysis and design services to numerous agencies and has led design teams for the following projects: • FY 10 -11 Streetlight Improvement Project, City of Newport Beach • Corona del Mar Streetlight Improvement Project, City of Newport Beach • Westcliff Street Light Improvement, City of Newport Beach • W. Bonita Creek/San Miguel Park Lighting Replacement Project, City of Newport Beach • Balboa Peninsula Street Lighting Modification, City of Newport Beach • Newport Heights Street Lighting Modification, City of Newport Beach • Cypress Street Lighting, City of Irwindale • San Gabriel Trench, Alameda Corridor — East/City of San Gabriel • Market Street Streetscape, City of Inglewood • Santa Ana Street Streetscape, City of Anaheim 18645 East Gale Ave., Suite 212, City of Industry, CA 91748 (626) 820 -1137 Tel • (626) 820 -1136 Fax w .imdtaz.corn 1 I F I 1 On ON JMD Ms. Iris Lee July 13, 2011 Page 2 Our proposal has been organized to meet the requirements outlined in the City's RFP, dated June 21, 2010, and includes the following sections: Section 1 Introduction Section 2 Relevant Project Experience and References Section 3 Project Team - Organization Chart - Resumes Section 4 Project Understanding, Approach and Scope of Work Section 5 Project Schedule Section 6 Fee Proposal (submitted under separate cover) As Project Manager, Steve Itagaki, P.E., T.E., P.T.O.E., will be the primary representative and main point of contact to the City. I will be the individual authorized to negotiate contract terms and enter into legally binding commitments. I will also be responsible for ensuring our Project Manager has the resources needed for the Project and will serve as the alternate representative to perform the services described in the scope of work. We are excited about the possibility of serving the City of Newport Beach and firmly believe we have numerous benefits to offer including: • A Project Manager with thorough understanding of City requirements and project needs. • A Project Team with extensive Newport Beach street lighting design experience. • A responsive, innovative and cost effective approach. • A reputation for quality. We appreciate the opportunity to submit our proposal for your consideration on this important project and look forward to your favorable reply. Should you have any questions regarding this proposal, please contact me at (626) 820- 1137. Sincerely, JMDiaz, Inc. uan M. Diaz, MBA, PE President/CEO Enclosure 'pi.WPOi City of Newport Beach FY 11.12 Streetlight Improvement Project Scope of Work Our proposed work plan has been specified as follows: Phase I — Preliminary Design Task 1.1— Project Administration, Meetings and Coordination The JMD Team will meet with City staff and confirm the project scope, establish key communication personnel, refine time schedules and finalize design criteria. After review of the process to be followed, agreement on the design concept and schedule will be reached. This will avoid confusion and delays later in the project development process and facilitate timely review and approval of submittals. A total of five (5) meetings between the City and JMD will be held to keep all parties informed, resolve issues and successfully complete the project. We anticipate no portions of the project are located within State right -of -way nor will require any special permitting. Task 1 -2 — Research/Data CollectionNtility Coordination JMD will obtain documentation and electronic files available from the City pertaining to this project. We will assemble, sort and review existing available information on the project area, including "as- built" plans, maps, studies, existing fight -of -way and utility information in order to become familiar with the project, ascertain the completeness and accuracy of available information and determine additional information requirements. Base plans will be prepared from the information obtained from the City. Field reviews will be performed with City staff to verify that existing information is correct or to identify existing facilities unavailable during research. This task involves identifying surface topographic features and utilities to be included into the plans which may be necessary for street lighting design. This task also includes reviewing design issues and identifying topographic constraints which may impact the proposed design. Due to the straightforward nature of the project, field reviews) for the project could consist of the following: The project site will be field inventoried to determine existing and proposed locations of street lighting 1 no equipment, right-of-way, sidewalk and miscellaneous topographic features. Any recommended additions or deletions to the project will be developed at this time. A recommendation will be made regarding improvements necessary to achieve the City's objectives. JMD will provide field base mapping and utility clarifications during field reviews. This task includes performing substructure investigation from utility notice distribution and handling responses to each notice. Utilities obtained from as -built data will be shown on the plans. JMD will coordinate with City staff to identify existing underground and overhead utility lines that may interfere with the location of street lighting equipment. For electrical services, JMD will assist City staff in coordinating with Southern California Edison Company for new service cabinet(s) within the project limits. JMD will provide utility notices and coordination of plan review, approval, and adjustment, if any, with utility agencies. Conducting detailed field surveys as well as preparing base mapping and right of way engineering is not included in this proposal. JMD will utilize available mapping and other electronic data of existing features provided by the City. Phase It — 75% Design Task 11.1— 750/a Preliminary Plans After review and approval of the detailed recommendations, JMD will prepare preliminary construction plans for the proposed street lighting improvements. In addition, plans will comply with the regulations and standards of the City. The following outlines the specific details of the design plans: Title Sheet JMD will prepare a title sheet containing a vicinity map, general notes, construction legend, list of affected utilities, a drawing list and other details covering the project limits. Street Lighting Plans JMD will prepare detailed street lighting plans in AutoCAD 2010 file format at a scale of 1 "=40' using the City- provided title block. These plans will identify existing and proposed street lighting features as well as pertinent details. Ivy gt�fiwro@A F City of Newport Beach FY 11.12 Streetlight Improvement Project ��l�FlP Deliverables The following are the estimated plan sheets and quantities proposed for the project: Title Sheet 1 Street Lighting Plans 3 Total 4 We understand all blueprinting, photocopying and other related services will be coordinated through Santa Ana Blueprint, which is the City's contracted reproduction company. Task 11.2 — Construction Bid Items, Specifications and Cost Estimate JMD will prepare a list of construction bid items, specifications and construction cost estimates for the project elements, which will include a proposed item list, estimated quantities, and current unit cost resulting in line -item cost estimates. At the first plan check, a preliminary cast estimate will be developed for comparison with previous project budget estimates. Back -up of cost estimate calculations showing quantities and unit costs per sheet will be provided to the City for review with each submittal. During final design, JMD will prepare a final estimate to validate construction bids by contractors during the bidding process. JMD will submit preliminary plans, specifications, and construction cost estimates (PS &E) for the 75 %, 90 %, and 100% milestones to the City for review. Task A3— Voltage Drop Calculations To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for the improvements. The calculations will be prepared in an Excel spreadsheet format. Based on the National Electrical Code (NEC), the maximum recommended voltage drop for a combination of both branch circuit and feeder circuit should not exceed 5 %. This methodology has been successfully utilized in previous projects with the City of Newport Beach and will continue with this project unless the City determines a different value. Task 114 — Energy - Efficient Alternatives JMD will assist the City by providing research and product identification for LED luminaires. Although we understand the City has previously procured General Electric and Philips LED luminaires on past projects, JMD will provide a total of two (2) recommendations for alternative LED energy-efficient solutions The alternatives will also include cost estimates for City consideration. We also understand the City is currently undergoing an update to the Standard Plans and Specifications which include energy - efficient luminaires. We will work with City staff to determine the use of these luminaires or procure alternatives. Task 113 — Structural Calculations on Nonstandard Foundations (Total of 2) JMD will provide a total of two (2) structural calculations for non - standard streetlight foundations. For this effort, we have procured CHO Design Associates, Inc. to provide the calculations. JMD assumes the load requirements will be provided by the City. Task 11-6— Photometric Calculations JMD vdll prepare photometric calculations for existing and proposed lighting conditions. The calculations will be prepared for the circuit conversions. Phase III — 90% Desian Task 111-1— Address/incorporate Comments and Prepare 909'6 Submittal JMD will address and incorporate the 759/6 review comments provided by the City departments for the project. JMD will then prepare and submit the 90% levelpackage. Phase IV —100% Design Task IV -1— Addressftncorporate Comments and Prepare 100% Submittal JMD will address and incorporate the 90% review comments provided by the City departments for the project. JMD will then prepare and submit the 100% levelpackage. Phase V— Final Approval Design Task V -1— Addressfincorporate Comments and Prepare Final Approval Submittal JMD will address and incorporate the 100% review comments provided by the City departments for the project. JMD will then prepare and submit the Final Approval level package. JMD will submit sealed original ink on mylar plan sheets and digital engineering plans and drawings on compact disk (CD) in AutoCAD 2010 format; sealed original hard copy and CD in MS Word format of the N JMD IV-6 V'as City of Newport Beach FY 11.12 Streetlight Improvement Project bid items, cost estimates, calculations and notes generated by the project. The following are the proposed deliverables ' • One (1) set of original signed and sealed title sheet on 24 "x36" mylar medium, construction bid items, specifications and cost estimates. 1 • One (1) set of original street lighting plans and detail sheets on 24 "x36" bond medium to be submitted to the City through the City's ' reproduction company. • Digital files of project plans in AutoCAD 2010 or later format on CD medium. Phase VI — Construction Enaineerina Assistance ' Upon the City's request, JMD will assist the City with the following: Task Vb1— Bidding and Preconstruction Assistance JMD will attend pre -bid and pre- construction meetings (2 meetings). ' Task M-2 — Shop DrawinglSubmittals Assistance JMD will review shop drawings and other submittals. Task V43 — Construction Assistance JMD will monitor construction progress, advise the City with respect to the contractor's general conformance to drawings and specifications, visit the site, and make field recommendations (up to 1 meeting is included in this task). Task V14 — Plans and Specifications Revisions/ Addenda JMD will revise the drawings and /or special provisions and prepare Addenda to the specifications. Task VI.5— As -Buik Plans JMD will prepare "as- built' drawings. :: JMD rA City of Newport Beach FY 11-12 Streedight Improvement Project 5. PRQWCT SCHEDULE � Duration from obtaining a Notic&-to-Proceed (NTP) from the City of Newport Beach. May vary depending on required agency review time. Weeks ( (from NTP)* Phase/Task 2 2 F4 76 8 1 10 12 1 14 1 16 18 Research and Data Collection j j Draft 75% PS&E City Review" Pre-Final 90% PS&E City Review" 100% PS&E [City Review" L L 17 Duration from obtaining a Notic&-to-Proceed (NTP) from the City of Newport Beach. May vary depending on required agency review time. ' 91-4 City of Newport Beach FY 11.12 Streetlight Improvement Project 6. FEE PROPOSAL ' The JMD Team's proposed fee is detailed in the Cost Summary submitted under separate cover and includes hours and other direct costs by task. This fee is negotiable pending refinement of individual tasks and schedule. ■ 1 1 11 1 1 I' I' I, I' II 11 :: JMD VIA � -! Eff illllll■ illllll■ M I♦ M :: JMD Cost Summary' FY 11 -12 Streetlight Improvement Project City of Newport Beach Submitted by JMD Jul 13, 2011 SR PHASE PRELIMINARY HOURS (;()S-'S costs REMARKS I - DESIGN I -t Project AdministmIlanlMcetings 7Coordine(lon° 1 12 4 17 $18D $2,090 'Dellvedes /Mrleage(Repraduc8on 1 -2 ResearchfData Collectionllltillty Coordination 2 8 16 4 30 $50 $2,250 ' Delivedes/Mileage/ReproduUlon II -1 Title Sheet and Plans (4 sheets) 1 4 16 40 4 65 $30 $4,980 ' DelivedesfMileagel/Reproducdon 11 -2 Construction Bid Items, Spectfloadons and Cost Estimate 1 2 8 4 15 $30 $1,380 ' DeliveneslMileagelReproduction 113 Voltage Drop Calculations` 1 4 2 7 $580 11-0 Energy- EfBUenl Allemativesd 1 4 2 7 $30 $610 'Dellvedes/MileagefReproducfion 115 Structural Calculations on Non-Standard Foundations (up to 2 altemative,) 2 2 $750 $1,010 ' CHO Daslgn Associates. Inc. 115 Photometric Calculations 2 8 2 12 $1,070 PHASE HI 90% DESIGN III -1 AddressAncorporate Comments and Prepare 90% Design 1 3 24 W. 8 76 $3D $5,730 ' Delivedes/Mileage/Reproductlon IV -1 PHASE Addressflncorporate Comments and Prepare 100% Design V FINAL APPROVAL 11 2 18 32 S 59 $30 $4,36D ' DdlveneslMeeagelReprotluulon V -1 Addrassfincop2grate Comments and PMpllMF1ngI Aqq=l of Plans 1 1 81 24 8 42 $30 $2,990 ' Delhrenes/Milea LR roduction PHASE VI - CONSTRUCTION ENGINEERING ASSISTANCE VI -1 BWing and Preconstruction Assistance 1 2 1 4 $50 $405 ' Deliveries/MileagelReproduc0on VI -2 Shop Drawing/Submitials Assistance 1 2 1 4 $355 VI -3 Construction Assistance 1 2 1 4 $50 $405 ' Deliverles(MlleagefReproductlon VI-4 Plans and Specifications Revisions/Addenda 1 2 4 1 8 $615 V15 As -Buih Plans 1 4 8 4 17 $1,190 TOTAL ESTIMATED LABOR HOURS 6 37 108 164 54 369 TOTAL ESTIMATED DESIGN COST $30,000 Notes, a Rates are subject to a 5% annual Increase on January 1. b Assumes five (5) meetings for the entire project. c Voltage drop calculations will be performed for new lighting circuhs. d A total of two 2 alternatives will be provided. coai� CERTIFICATE OF LIABILITY INSURANCE BATEWRI)i1 TJ PRODUCER 19000 Ma Arthur l Insurance Center (EPIC} 19000 CA 9261tlf Blvd. PH FlOOT Irvine, CA 92612 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # 949 263 -6606 www.ed ewoodira.com 949 263 -9906 INSURED JM Diaz, Inc. DBA: JMD 16645 E. Gale Ave., Ste #212 City of Industry CA 91748 wsurtanA Hartford Casualty Insumnoa Company 5110/2071 WaORER a Nadrord InauranrE Co. of the Midwe. EACHOCCURRENCE O+SURERC: Travelers Casualty and Surely Co. of Amerca D n15R IX UREER INSUR E'. COMMERCIAL GENERAL LweUITY FYNIPDA�FC 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 13000MENT 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. IN9R 00 POLICY NUMBER — -- POLICY EFFE WE PoUOYIXARATION LIMITS A TI GENERALLIASIUTY 72SBAUW7362 5110/2071 5110/2012 EACHOCCURRENCE s 1,000,000 D S 300,000 COMMERCIAL GENERAL LweUITY S 10,00 CLAIMS ALADE 0OCCIIR _ .lEe MEO EXP Pna ersm PERSONA. a ADV INJURY S 1,000,090 - GENERNLAGGREOATE $ 2,000000 GEN'LAGGREGATE UMITAPPLISS PER PRODUCTS- COMPJOPAOO $ 1,0(01000 POLICY PAC' IAC • AUTOMOBILE UABILITY ANYAUTO 72SBAUW7362 5M 0/2011 5/10/2012 COLWIME081NGLE LIMIT IEeamUmU S 1000.000 BODS.Y r6JURY (Per PMSm) -- $ ALL DINNED AV IDS SCHEDULED AVTOa BODILY INJURY (Pwaodd6n0 $ HIREOAUTOS NOWOWNED AUTOS PROPERINDAMAGE (Pme6d0erA S GARAGE LIABILITY AUTOONLY -EA ACCIDENT $ O ER THAN FA ACC $ ANY AUTO _ $ AUTO ONLY: AGa • EXCESS I uMaREr.W UAeIUrY 72SBAUW7362 5M0 12011 5/1012012 EACNOCCURRENCE S 2,000,000 AGGREGATE 2000000 7 OCCUR CLAIMS MADE S.- S DEDUCTIBLE s RETENTION s10,600 S MRHERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNBtIEI(ECMVE YIN 72WECNZ9110 ' 6/2712011 6127(2012 EL_FACHACCIDENT Is 1&29-000 E.L. DISEASE -EA EMPLOYE1 s Of, FICEWF£MBER EXCLUDED9 (Nnntlatory In NH1 EL DISEASE - POLICY UMR I 8 100000 IIYYECIAL PIO MSNN aPECVd PROw31ON3 Oelaw C OMEN Professional Liability 105263164 418(2011 4/8/2072 $2,000,000 per Claim Claims Made Form $2,000,000 Aggregate Retro Date: 41612005 $5000 Per Claim Deductible DESCRIPTION OF OPERATIONS I LOCATIONS I YEHICLES I EXCLUSIONS ADDED RY ENOORSEMENT iSPECLAL PRo asiONS City of Newport Beads, Its elected er appointed officers, agents, officials, employees and volunteers are additional Insured for general Babliity per farm SSWOS((04/05). Workers Compensation Waiver Of Subrogalion applies per Farm WC 99 03 03 B (Atlached). RE: FY 2010 -2011 Street Light Improvement Certificate holder is eddifional insured for general liability per page form SSOOOB(04105} attached and Coverage is primary and non- contribulwy but only if required by written contract "nth the named insured prior to an ocaurence. Subject to all policy terms and conditions. RE: FY 2010 -2011 Street Light Improvement City of Newport Beach Public Works Department Attn: Peter Tauscher PO Box 1768 3300 Newport Boulevard Newport Beach CA 92658 SHOULO ANYOP THEASOYE DESCRIBED POUCIESSE CANCELLEOBEFORETHEE XPIRATHIN DATE THEREOF, THE ISSUING INSURER ML IPIMME (CO MAIL 3D,. DAYS WRITTEN NOTICE TO THE CERTIRCATB HOLDER NAMED TO THE LEFT, �SIp(' Ji#70% N3(80JtX)mCm9F%XSC� AUTHORIZED REPRE6ENTATIYE Ivan Eskenazle rM ACORD 25 (2009101) ©1988 -2009 ACORD CORPORATION. All rights reserved. MU NO.: 10127616 DB'nfa ldg¢v ine.= 6/3 /2011 0:29:10 AN Page 1 02 6 1 I i i i JM Diaz, Inc. DBA: JMD Ash (b) Rented lo, In the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees ", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (f you are a limited liability company). 72SBAUW7362 6/312011 BU S LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily Injury° or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your "employee" or VWM rasped to "mobile equipment° registered in c "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person Is an Insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is o Any person or organization having proper also an insured, but only with respect to liability o tempos castor of our proved mr you temporary y y y y arising out of the operation of the equipment, and o die, but only: only If no other insurance of any kind is available (1) Nkth respect to Iiabltl arise out of the liability nil person or organization for this liability. to that rty• maintenance or use of that property; and However, no person or organization is an Insured (2) Unlit your legal representative has with respect to: °o been appointed. a. "Bodily injury" to a co- "employee" of the N d. Legal Representative If You Die person driving the equipment; or " Your legal represemallve If you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an Insured under this provision. at Unnamed Subsidiary S. Operator of Nonowned Watercraft ® Any subsidiary and subsidiary thereof, of Wlth respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and Is not being used of which you own a financial Interest of to carry persons for a charge, any person is an 6� more than 50% of the voting stock on the Insured while operating such watercraft with HiiIIIII effecOve date of this Coverage Pan. your permission. Any other person or organization responsible for the conduct of � The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to the watercraft, and only if no other Injury or damage with respect to which an insurance any kind is available to that in Insured under this insurance Is also. an Person or organization for this liability. rg Insured under another policy or would be an insured under such policy but for Its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: fimits of Insurance. a. "Bodily injury" to a co= "employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, MIN other than a partnership, joint venture or rented to, In the charge of or occupied by no limited liability company, and over which you you or the employer of any person who is i= maintain financial interest of more than 50% of an insured under this provision. the voting stock, will quality as a Named S. Additional Insureds When Required By Insured if there Is no other similar insurance Written Contract, Written Agreement or — available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organizations) identl8ed in only until the 1801h day after you acquire Paragraphs a. through f, below are additional or form the organization or the end of the Insureds when you have agreed, in a written policy period, whichever Is earlier, and Form SS 00 08 04 05 Page 11 of 24 [UT W., 10317616 WtmvMAd90°OO6mn9.cw 6/313011 9:19:10 M P 2 Of 6 BUSINESS LIABILITY COVE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political Inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional Insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the pennll. with the distribution or sale of the A person or organization Is an additional products; Insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product, person or organization is Included as an additional insured by an endorsement Issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled Including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional Insured coverage grants in Section other thing or substance by or for F.— Optional Additional Insured Coverages. the vendor; or a. Vendors (h) °Bodily injury" or "property Any person(s) or organization(s) (referred to damage arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily injury" or "property damage" arising own acts or omissions or these its employees or anyone else out of "your producW' which are distributed acting on its behalf. However, Ibis or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or 1f) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products- completed operations hazaai". (11) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make In die usual This insurance does not apply lo: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor Is 12) This insurance does not apply to any obligated to pay damages by insured pennon organization from reason of the assumption of wham have acquired such products, cq liability in a contract or agreement. or any Ingredient, part container, This exclusion does not apply to entering unto, accompanying or into, a liability for damages that the containing such products, vender would have in the absence of the contractor agreement; b. Lessors Of Equipment p (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily "property In the product made Intentionally injury', damage" or "personal and advertising Injury" by the vendor, . caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such Inspection, demonstration, testing, person or organization. or the substitution of parts under Instructions from the manufacturer, and then repackaged in the original container, Pale 12 of 24 Form SS 00 08 04 OS CE &9 dD,: IOIf 636 D99taersO�tlgma"di00. qpa 6/J /3031 0:J9: i0 XI 9ega J of 6 Bll s LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Pernks Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any stale or political subdivision, but 'occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has Issued a permit. whom you lease land or premises, but (2) With respect to the Insurance afforded only with respect to liability arising out to these additional Insureds, this of the ownership, maintenance or use Insurance does not apply to: of that part of the land or premises (a) "Bodily Injury", 'property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded Injury" arising out of operations r to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any 'occurrence" which takes (b) "Bodily Injury" or "properly damage" F, place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazarW. J premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who N construction or demolition is not an insured under Paragraphs a. °o operations performed by or on through e. above, but only with u, behalf of such person or respect to liability for "bodily Injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but In part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting Injury", "property damage" or 'personal on your behalf. and advertising Injury" caused, In whole (a) In the performance of your or in part, by your ads or omissions or ongoing operations; r. the acts or orrdsslons of those acting on p () In connection with your premises yourbehalF. owned by or rented to you; or �8 (a) In connection with your premises; (c) In connection with "your work" and or included within the "products - (b) In the performance of your completed operations hazard ", but ongoing operations perfamted by only if you or an your behalf. (i) The written contract or written m (2) With respect to the Insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This Insurance does not apply to (11) This Coverage Part provides "bodily Injury", "property damage" or coverage for "bodily injury" or �m .� 'personal and advertising injury" "properly damage" Included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard ". services by or for you, including: (2) Nth respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, ngodly Injury", "properly damage" or — reports, surveys, field orders, •personal and advertising Injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural 'or engineering services, including; activities. Form SS 00 08 04 05 Page 13 of 24 LE0.Y NO., lOJ]1fi16 BpCtrOVaa "AgeWOdSnB.tM: 6 /])]011 0:]9:10 AN OaQo a of 6 JM J Inc. DBA: 72SBAUW7362 6/3/2011 JM D BUSINESS LIABILITY COVERAGE FORM This Paragraph E applies separately to you and any additional Insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the Insurance provided by the policy for "bodily Injury' liability and "property damage" Ilabllity will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobits equipment' to which this Insurance applies, we will provide any tlabillty, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit asking for damages from an insured; or b.. To sue us on this Coverage Form unless all of its terms have been fully compiled with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terns of this insurance or that are in excess of the applicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this policy to the first Named insured, this Insurance apples: a. As If each Named Insured were the only Named insured; and b. Separately to each insured against whom a claim is made or "suit Is brought. S. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements In the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have Issued this policy In reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the Inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Otherinsurance If other valid and collectible Insurance Is avalable for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when b. below applies. If other Insurance is also primary, we will share with all that other Insurance by the method described In c. below. b. Fxcesslnsurance This Insurance Is excess over any of the other Insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is FIre, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for grour work'; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner, (3) Tenant Liability That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Excl slon % of Section A.— coverages. (5) Properly Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage' to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Pa a �1I6 of 24 Form SS 00 08 04 05 cliff crea�U WidTprdfF9aterTfAWtdsP vefstappm veri.rodffactory.corn BUSINESS LIABILITY COVERAGE FORM (8) When You Are Added As An When this insurance is excess over other Additional insured To Other insurance, we will pay only our share of Insurance the amount of the loss, If any, that That Is other insurance available to exceeds the sum of you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self - added as an additional Insured by that Insured amounts under all that other insurance; or insurance. (7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other Insurance that is not described in Insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply In excess of the additional insured. Limits of insurance shown in the However, the following provisions Declarations of this Coverage Part. apply to other Insurance available to c. Method Of Sharing any person or organisation who is an If all the other Insurance permits additional Insured under this Coverage contribution by equal shares, we will follow Part, this method also. Under this approach, (a) Primary Insurance When each Insurer contributes equal amounts Required By Contract until it has paid Its applicable limit of This insurance is primary If you Insurance or none of the loss remains, have agreed in a written contract, whichever comes'first. written agreement or permit that If any of the other Insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance Is also primary, we will contribute by limb. Under this method, each share with all that other Insurance insurerss share Is based on the ratio of its by the method described In c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non - Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us Required By Contract a. Transfer of Rights Of Recovery If you have agreed in a written If the Insured has rights to recover all or contract, written agreement or part of any payment, Including permit that this Insurance is Supplementary Payments, we have made primary and non - contributory with under this Coverage Pant, those rights are the additional Insureds own transferred to us. The insured must do Insurance, this insurance Is nothing alter loss to Impair them. At our primary and we will not seek request, the Insured will bring "suit" or contribution from that other transfer those rights to us and help us Insurance. enforce them. This condition does not Paragraphs (a) and (b) do net apply to apply to Medical Expenses Coverage. other Insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver Insured has been added as an OfSubrogatlon) additional insured. If the Insured has waived any rights of When this insurance Is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" If any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we Insured against that "suit". If no other also waive that right, provided the Insured Insurer defends, we will undertake to do waived their rights bf recovery against so, but we will be entitled to the insured's such on or organization in a contract, P� rights against all those other insurers. agreement or permit that was executed it tht prior to the injury or damage. Forth SS 08 0�405 Pago 17 of 24 cPDF cmufm aaZptifirosubU4i wttia @.version �t y.rodffactory.com m 0 a M ti ti 0 0 N ti m N Z 0 0 0 x a 0 0 C r= i. s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORKERS COMPENSATION BROAD FORM ENDORSEMENT EXTENDED OPTIONS Policy Number: 72 WEC NZ9110 Endorsement Number: Effective Date: 06/27/11 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: J M DIAZ INC 18645 GALE AVE. STE 212 CITY OF INDUSTR, CA 91748 Section I of this endorsement expands coverage provided under WC 00 00 00. Section II of this endorsement provides additional coverage usually only provided by endorsement. Section III of this endorsement is a Schedule of Covered States. You may use the index to locate these coverage features quickly: SUBJECT SECTION I PARTS ONE and TWO Ot We Will Also Pay PART -THREE 02 How This Insurance Works PART - SIX 03 Transfer of Your Rights and Duties 04 Liberalization SECTION 11 VOLUNTARY COMPENSATION INSURANCE 05 Voluntary Compensation Insurance A. How This Insurance Applies B. We Will Pay C. Exclusions D. Before We Pay E. Recovery From Others F. Employers' Liability Insurance EMPLOYERS' LIABILITY STOP GAP ENDORSEMENT 06 Employers' Liability Stop Gap Coverage A. Stop Gap Coverage Limited to Montana, North Dakota, Ohio, Washington, West Virginia and Wyoming Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Process Date: 06/03/11 PAGE 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 SUBJECT B. Part One Does Not Apply C. Application of Coverage D. Additional Exclusions E. West Virginia EXTENDED OPTIONS 01 Employers' Liability Insurance 02 Unintentional Failure to Disclose Hazards 03 Waiver of Our Right to Recover from Others 04 Foreign Voluntary Compensation A. How This Reimbursement Applies B. We Will Reimburse C. Exclusions D. Before We Pay E. Recovery From Others F. Reimbursement For Actual Loss Sustained G. Repatriation H. Endemic Disease 05 Longshore and Harbor Workers' Compensation Act Coverage Endorsement SECTION Ill 01 Schedule of Covered States 0 2000, The Hartford PAGE Page 1 of 6 Policy Expiration Date: 06/27/12 4 4 4 SECTION I PARTS ONE and TWO 1. WE WILL ALSO PAY D. We Will Also Pay of Part One (WORKERS' COMPENSATION INSURANCE); and E. We Will Also Pay of Part Two (EMPLOYERS' LIABILITY INSURANCE) is replaced by the following: We Will Also Pay We will also pay these costs, in addition to other amounts payable under this insurance, as part of any claim, proceeding, or suit we defend: 1. reasonable expenses incurred at our request, INCLUDING loss of earnings; 2. premiums for bonds to release attachments and for appeal bonds in bond amounts up to the limit of our liability under this insurance; 3. litigation costs taxed against you; 4. interest on a judgment as required by law until we offer the amount due under this law; and 5, expenses we incur. PARTTHREE 2. How This insurance Applies Paragraph 4. of A. How This Insurance Applies of Part 3 (Other States Insurance) is replaced by the following: 4. If you have work on the effective date of this policy In any state not listed in Item 3.A. of the Information Page, coverage will not be afforded for that state unless we are notified within sixty days. PART SIX 3. Transfer Of Your Rights and Duties C. Transfer Of Your Rights and Duties of Part 6 (Conditions) is replaced by the following: Your rights or duties under this policy may not be transferred without our written consent. If you die and we receive notice within sixty days after your death, we will cover your legal representative as insured. 4. Liberalization 'it we adopt a change in this form that would broaden the coverage of this form without extra charge, the broader coverage will apply to this policy. It will apply when the change becomes effective in your state. SECTION 11 VOLUNTARY COMPENSATION AND EMPLOYERS' LIABILITY COVERAGE 5. Voluntary Compensation Insurance A. How This Insurance Applies This insurance applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by any officer or employee not subject to the workers' compensation law of any state shown in Item 3.A. of the Information Page. 2. The bodily Injury must arise out of and In the course of employment or incidental to work in a state shown in Item 3.A. of the Information Page. 3. The bodily injury must occur in the United States of America, its territories or possessions, or Canada, and may occur elsewhere if the employee is a United States or Canadian citizen, or otherwise legal resident, and legally employed, in the United States or Canada and temporarily away from those pieces. 4. Bodily injury by accident must occur during the policy period. 5. Bodily injury by disease must be caused or aggravated by the conditions of the Form WC 99 03 03 B Printed In U.S.A. (Ed. 8100) Page 2 of 6 N m m m H .°a N m N z N 0 0 0 i� r� IB C officer's or employee's employment. The officers or employee's last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. B. We Will Pay We will pay an amount equal to the benefits that would be required of you as if you and your employees were subject to the workers' compensation law of any state shown in Item 3A. of the Information Page.. We will pay those amounts to the persons who would be entitled to them under the law. D If the persons entitled to the benefits of this insurance make a recovery from others, they must reimburse us for the benefits we paid them. F. Employers' Liability Insurance Part Two (Employers' Liability Insurance) applies to bodily injury covered by this endorsement as though the State of Employment was shown in Item 3.A. of the Information Page. This provision 5. does not apply in New Jersey or Wisconsin. C. Exclusion EMPLOYERS' LIABILITY STOP GAP COVERAGE This insurance does not cover. 6. Employers' Liability Stop Gap Coverage A. This coverage only applies in Montana. North 1. any obligation imposed by workers' Dakota, Ohio, Washington, West Virginia and compensation or occupational disease law Wyoming. or any similar law. 2. bodily injury intentionally caused or B. Part One (Workers' Compensation Insurance) does not apply to work In states shown in aggravated by you. Paragraph A above. 3. officers or employees who have elected C. Part Two (Employers' Liability Insurance) not to be subject to the state workers' applies in the states, shown in Paragraph A., compensation law. as though they were shown in Item 3A. of the 4. partners or sole proprietors not covered Information Page. under the Standard Sofa Proprietors, D. Part Two, Section C. Exclusions is changed Partners, Officers and Others Coverage by adding these exclusions. Endorsement. D. Before We Pay This insurance does not cover, Before we pay benefits to the persons entitled 5, bodily injury intentionally caused or aggravated by you or in Ohio bodily Injury to them, they must: resulting from an act which is determined 1. Release you and us, in writing, of all by an Ohio court of law to have been responsibility for the injury or death. committed by you with the belief than an 2. Transfer to us their right to recover from Injury is substantially certain to occur. others who may be responsible for the However, the cost of defending such injury or death. claims or suits in Ohio is covered. 3. Cooperate with us and do everything 13. bodily injury sustained by any member of necessary to enable us to enforce the right the flying crew of any aircraft. to recover from others. 14. any claim for bodily injury with respect to If the persons entitled to the benefits of this which you are deprived of any defense or insurance fail to do those things, our duty to defenses or are otherwise subject to pay ends at once. If they claim damages from penalty because of default in premium you or from us for the Injury or death, our duty under the provisions of the workers' to pay ends at once. compensation law or laws of a state _ E. Recovery From Others shown in Paragraph A. If we make a recovery from others, we will E. This insurance applies to damages for which keep an amount equal to our expenses of you are liable under West Virginia Code Annot S23-4-2. recovery and the benefits we paid. We will pay the balance to the persons enticed to it. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8 /00) Page 3 of 6 EXTENDED OPTIONS 1. Employers' Liability Insurance Item 3.6. of the Information Page Is replaced by the following: B. Employers' Liability Insurance: 1. Part Two of the policy applies to work in each state listed in Item 3.A. The Limits of Liability under Part Two are the higher of: Bodily Injury by Accident $500,000 Each Accident Bodily Injury by Disease $500,000 Policy Limit Bodily Injury by Disease $500,000 Each Employee OR 2. The amount shown in the Information Page. This provision 1 of EXTENDED OPTIONS does not apply in New York because the Limits Of Our Liability are unlimited. In this provision the limits are changed from $500,000 to $1,000,000 in California. 2. Unintentional Failure to Disclose Hazards If you unintentionally should fall to disclose all existing hazards at the inception date of your policy, we shall not deny coverage under this policy because of such failure. 3. Waiver of Our Right To Recover From Others A. 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 any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. B. This provision 3, does not apply in the states of Pennsylvania and Utah. 4. Foreign Voluntary Compensation anc Employers' Liability Reimbursement A. How This Reimbursement Applies This reimbursement provision applies to bodily injury by accident or bodily injury by disease. Bodily injury includes resulting death. 1. The bodily injury must be sustained by an officer or employee. 2. The bodily injury must occur in the course of employment necessary or incidental to work in a country not listed in Exclusion C.1, of this provision. 3. Bodily injury by accident must occur during the policy period. 4. Bodily injury by disease must be caused or aggravated by the conditions of your employment. The officer or employee's last exposure to those conditions of your employment must occur during the policy period. B. We Will Reimburse We will reimburse you for all amounts paid by you whether such amounts are: 1. voluntary payments for the benefits that would be required of you if you and your officers or employees were subject to any workers' compensation law of the state of hire of the individual employee. 2. sums to which Part Two (Employers' Liability Insurance) would apply if the Country of Employment were shown in Item 3.A. of the Information Page. C. Exclusions This insurance does not cover: 1. any occurrences in the United States, Canada, and any country or jurisdiction which is the subject of trade or economic sanctions imposed by the laws or regulations of the United States of America in effect as of the inception date of this policy. 2. any obligation imposed by a workers' compensation or occupational disease law, or similar law. 3. bodily injury intentionally caused or aggravated by you. Form WC 99 03 03 B Printed in U.SA. (Ed. 8/00) Page 4 of 6 m 0 0 rn N z N 0 0 0 x i� 4. liability for any consequence, whether of America necessarily Incurred as a direct direct or Indirect, of war, invasion, act of result of bodily injury. Foreign enemy, hostilities (whether war be Our reimbursement shall be limited as follows: declared or not), civil war, rebellion, 1. the amount by which such expenses revolution, insurrection or military or exceed the normal cost of returning the a usurped power. No endorsement now or officer or employee if in good health, or subsequently attached to this policy shall be construed as overriding or waiving this 2. In the event of death, to the amount by limitation unless specific reference is which such expenses exceed the normal made thereto. cost of returning the officer or employee if alive and in good health. D. Before We Pay Before we reimburse you for the benefits to the in no event shall our reimbursement exceed the bodily injury by accident limit shown in persons entitled to them, you must have them: Item 3.B. of the Information Page as respects 1. release you and us, in writing, of all any one such officer or employee ,whether responsibility for the injury or death, dead or alive. 2. transfer to us their right to recover from H. Endemic Disease others who may be responsible for their The word "disease" includes any endemic injury or death, diseases. 3. cooperate with us and do everything The coverage applies as if endemic diseases necessary to enable us to enforce the right were included in the provisions of the workers' to recover from others. compensation law. If the persons entitled to the benefits paid fail 5. Longshore and Harbor Workers' Compensation to do these things, our duty to reimburse ends at once. If they claim damages from us for the Act Coverage injury or death, our duty to reimburse ends at General Section C. Workers' Compensation once. Law is replaced by the following: E. Recovery From Others C. Workers' Compensation Law If we make a recovery from others, we will Workers' Compensation Law means the keep an amount equal to our expenses of workers or workers' compensation law and recovery and the benefits we reimbursed. We occupational disease law of each state or will pay the balance to the persons entitled to territory named in Item 3.A. of the Information it, If persons entited to the benefits make a Page and the Longshore and Harbor Workers' recovery from others, they must repay us for Compensation Act (33 USC Sections 901 - the amounts that we have reimbursed you. 950). It includes any amendments to those F. Reimbursement for Actual Loss Sustained laws that are in effect during the policy period. It does not include any other federal workers This endorsement provides only for or workers' compensation -low, other federal reimbursement for the loss you actually occupational disease law or the provisions of sustain. In order for you to recover loss or s arty law that provide nonoccupational disability expenses under this reimbursement you must: benefits. 1, actually sustain and pay the loss or Part Two (Employers' Liability Insurance), C. expense in money after trial, or Exclusions, exclusion 8, does not apply to 2. secure our consent for the payment of the work subject to the Longshore and Harbor loss or expense. Workers Compensation Act. G. Repatriation This coverage does not apply to work subject Our reimbursement includes the additional to the Defense Base Act, the Outer expenses of repatriation to the United States Continental Shelf Lands Act, or the Nonappropriated Fund Instrumentalities Act. Form WC 99 03 03 B Printed in U.S.A. (Ed. 8100) Page 5 of 6 23 SECTION III 1. SCHEDULE OF COVERED STATES A. This endorsement only applies in the states listed in this Schedule of Covered States. C. Schedule of Covered States: ri" M B. If a state, shown in Item 3.A. of the Information Page, approves this endorsement after the effective date of this policy, this endorsement will apply to this policy. The coverage will apply in the new state on the effective date of the state approval. Countersigned by Authorized Representative Form WC 99 03 03 B Printed in V.SA. (Ed. 8(00) Page 6 of 6 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/1812011 Dept. /Contact Received From: Shaun Oyler Date Completed: 8/23/2011 Sent to: By: Joel Company /Person required to have certificate: JM Diaz, Inc. dba: JMD 1. GENERAL LIABILITY A. INSURANCE COMPANY: Hartford Casualty Insurance Co. B. AM BEST RATING (A-: VII or greater): A, XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes Q No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No Q F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes F7X No 0 G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes F 7X No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? Yes No 0 I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Casualty Insurance Co. B. AM BEST RATING (A-: VII or greater) A +, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes F_X_j No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes 0 No 0 F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by cerfified mail; per Lauren Farley, the City will accept the endeavor wording. Will mail III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Hartford Insurance Co. of the Midwest B. AM BEST RATING (A-: VII or greater): A, XV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: August 31, 2011 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 0 Requires approval /exception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Date Date Yes [—]X No B &B initials