HomeMy WebLinkAboutC-5063 - On-Call PSA for Transportation Planning Servicesn
ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH
LSA ASSOCIATES, INC.FOR
TRANSPORTATION PLANNING SERVICES
1
THIS ON -CALL PROFESSIONAL SERVICE EE tN ( "Agreement') is
made and entered into as of this �, {1 day of by and between the
CITY OF NEWPORT BEACH, a California Municipal Co oration ( "City "), and LSA
ASSOCIATES, INC., a California Corporation whose address is 20 Executive Park,
Suite 200, Irvine, CA 92614 ( "Consultant'), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City has a need for on -call assistance for transportation planning services.
C. City desires to engage Consultant to perform on -call transportation planning
services throughout the City on an as need basis ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Ken
Wilhelm.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 31, 2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall provide "On -Call' transportation planning services as
described in the Scope of Services attached hereto as Exhibit A and incorporated
herein by reference ( "Services "). Upon verbal or written request from the Project
Administrator (as defined below in Section 6), Consultant shall provide a letter proposal
for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The
Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
and
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and the Services shall be performed to completion in a diligent and timely
manner. The failure by Consultant to perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible
for delays due to causes beyond Consultant's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
4.2 No rate changes shall be made during the term of this Agreement without
the prior written approval of the City. Consultant's compensation for Services
performed in accordance with this Agreement, including all reimbursable items and
subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Project Administrator. Total compensation paid to Consultant during
LSA ASSOCIATES, INC. Page 2
the term of this Agreement shall not exceed Seventy -Five thousand Dollars and 00/100
($75,000.00) without written amendment to the Agreement.
4.2.1 Consultant shall submit monthly invoices to City describing the
work performed the preceding month. Consultant's bills shall include the name of the
person and /or classification of employee who performed the work, a brief description of
the Services performed and /or the specific task in the letter proposal to which it relates,
the date the Services were performed, the number of hours spent on all work billed on
an hourly basis, and a description of any reimbursable expenditures. City shall pay
Consultant no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved, such costs
shall be limited and include nothing more than the following costs incurred by
Consultant:
4.2.2.1 The actual costs of subconsultants for performance of
any of the Services that Consultant agrees to render pursuant to this Agreement and
the Letter Proposal, which have been approved in advance by City and awarded in
accordance with this Agreement.
4.2.2.2 Approved reproduction charges.
4.2.2.3 Actual costs and /or other costs and /or payments
specifically authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.2.3 Consultant shall not receive any compensation for Extra Work
without the prior written authorization of City. As used herein, "Extra Work" means any
work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Letter Proposal and which the parties did not
reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit
B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Ken Wilhelm, Principal 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.
LSA ASSOCIATES, INC. Page 3
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City's Public Works Department. Antony
Brine, City Traffic Engineer, or his designee, shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
or an authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 In order to assist Consultant in the execution of its responsibilities under
this Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
7.1.2 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional
standards. All Services shall be performed by qualified and experienced personnel who
are not employed by City, nor have any contractual relationship with City. By delivery of
completed work, Consultant certifies that the work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the professional standard
of care.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that are
legally required of Consultant to practice its profession. Consultant further represents
and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement, any and all licenses, permits,
insurance and other approvals that are legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business license during
the term of this Agreement.
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,
LSA ASSOCIATES, INC. Page 4
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Consultant's work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties) from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the
Consultant or the acts or omissions of its principals, officers, agents, employees,
vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly
by any of them or for whose acts they may be liable or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorney's fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
LSA ASSOCIATES, INC. Page 5
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the work, activities performed and planned, and any meetings that have been scheduled
or are desired.
iB�Ilkl&il7CL1i.[sl:4
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 anytime.
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.
LSA ASSOCIATES, INC. Page 6
14.4 Coverage Requirements.
14.4.1 Workers' Compensation Coverage Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance
(with limits of at least one million dollars ($1,000,000)) for Consultant's employees in
accordance with the laws of the State of California, Section 3700 of the Labor Code In
addition, Consultant shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with the
laws of the State of California, Section 3700 for all of the subconsultant's employees.
14.4.2 Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30) calendar days (ten
(10) calendar days written notice of non - payment of premium) prior to such change.
14.4.3 Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
14.5 General Liability Coverage. Consultant shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, blanket contractual liability.
14.6 Automobile Liability Coverage. Consultant shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall
maintain professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
14.8 Other Insurance Provisions or Requirements The policies are to contain,
or be endorsed to contain, the following provisions:
14.8.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require similar written
express waivers and insurance clauses from each of its subconsultants.
14.8.2 Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Consultant of
LSA ASSOCIATES, INC. Page 7
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
14.8.3 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
14.8.4 Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days notice of cancellation
(except for nonpayment for which ten (10) days notice is required) or nonrenewal of
coverage for each required coverage.
14.8.5 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
14.8.6 Additional Insurance. Consultant shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint-venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
LSA ASSOCIATES, INC. Page 8
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed documents for
other projects and any use of incomplete documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
18. COMPUTER DELIVERABLES
All written documents shall be transmitted to City in formats compatible with Microsoft
Office and /or viewable with Adobe Acrobat. 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.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
LSA ASSOCIATES, INC. Page 9
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City to examine, audit and make transcripts or copies of such records
during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure
to pay according to the terms of this Agreement. Consultant shall not discontinue work
as a result of such withholding. Consultant shall have an immediate right to appeal to
the City Manager or his designee with respect to such disputed sums. Consultant shall
be entitled to receive interest on any withheld sums at the rate of return that City earned
on its investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under
any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project
25. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
LSA ASSOCIATES, INC. Page 10
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for termination of this Agreement by
City. Consultant shall indemnify and hold harmless City for any and all claims for
damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Antony Brine, City Traffic Engineer
Public Works Department
City of Newport Beach
PO Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3329
Fax: (949) 644 -3318
26.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Ken Wilhelm, Principal
LSA ASSOCIATES, INC.
20 Executive Park, Suite 200
Irvine, CA 92614
Phone: (949) 553 -0666
Fax: (949) 553 -8076
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
27.2 Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
LSA ASSOCIATES, INC. Page 11
(7) calendar days' prior written notice to Consultant. In the event of termination under
this Section, City shall pay Consultant for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Consultant has not been
previously paid. On the effective date of termination, Consultant shall deliver to City all
reports and other information developed or accumulated in the performance of this
Agreement, whether in draft or final form.
28. CLAIMS
The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. STANDARD PROVISIONS
29.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
29.2 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the Parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.6 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.7 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
LSA ASSOCIATES, INC. Page 12
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.8 Controlling Law And Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
29.9 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
29.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
29.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
LSA ASSOCIATES, INC. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date- 1 / 11 /17,
By:
Aaron C. Ha
City Attorney
ATTEST: 10
Date:
By: gai, , W�/
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California rpffn}eipal corporation
Mum
Director
CONSULTANT: LSA ASSOCIATES,
INC., a California Corporation
Date: //ie /ur-
By: " Qj
Les Ord
Chief Executive Officer
Date: I Ps /sa /I
_i
By:��
James Baum
Chief Financial Officer
[END OF SIGNATURES]
ATTACHMENTS: EXHIBIT A— SCOPE OF SERVICES
EXHIBIT B — SCHEDULE OF BILLING RATES
LSA ASSOCIATES, INC. Page 14
EXHIBIT A
SAN LUIS¢
LSA ASSOCIATES. INC. BERKELEY FRESNO ROCKLIN
RD EXECUTIVE PARK. 592114 RDD 849.553.0676 TEL CARTS BOO PALM RICH SPRINGS SAN LUIS N OBISPO
FRAM
IRVINE, CALIFORNIA 92614 94 3.553. BD)G FAX FORT COLLINS POINT RICHMOND NO 30UTH SAN FRANCISCO
SCOPE OF SERVICES
LSA Associates, Inc. (LSA) will provide transportation planning on -call services to the City of
Newport Beach for the duration of the agreement. The services include, but are not limited to:
• Traffic Phasing Ordinance (TPO) Studies
• Neighborhood Traffic Studies
• Preparation of Transportation Funding Applications
• Parking Demand Studies
• Traffic Modeling
• Traffic Circulation Analysis
• Development Site Access Analysis
01/04/12 (LAPROPOSAL\ZZZ2042A1 - Newpon Beach On -Call THNIsp \Scope of Services.doc)
PLANNING i ENVIRONMENTAL SCIENCES i DESIGN
EXHIBIT B
:ao ieo :cn Co �Co :cam iz4 ,Q �[Wl -@Rp -+w :ME AM :wn
LSA ASSOCIATES, INC.
HOURLY BILLING RAVES EFFECTIVE AUGUST 2011
Job Classification
Hourly Rate
Planning
Environmental
Transportation
Air/Noise
Cultural Resources
Biology
GIS
Range)'2
Principal
Principal
Principal
Principal
Principal
Principal
Principal
$135 -300
Associate
Associate
Associate
Associate
Associate
Associate
Associate
$95 -195
Senior Planner
Senior Environmental
Senior Transportation
Senior Air Quality/
Senior Cultural
Senior Biologist/Botanist/
Senior GIS
$70 -170
Planner
Planner/Engineer
Noise Specialist
Resources Manager
Wildlife Biologist/
Specialist
Ecologist/Soil Scientist/
He etolo ist/Arborist
Planner
Environmental Planner
Transportation Planner/
Air Quality/Noise
Cultural Resources
Biologist/Botanist/Wildlife
GIS Specialist
$75 -115
Engineer
Specialist
Manager
Biologist/Ecologist/Soil
Scientist/Herpetologist/
Arborist
Assistant Planner
Assistant
Assistant Transportation
I Air Quality/Noise
Cultural Resources
Assistant Biologist/
Assistant GIS
$50 -100
Environmental Planner
Planner/Engineer
Analyst
Analyst
Botanist/Wildlife Biologist/
Specialist
Ecologist/Soil Scientist/
He etolo ist/Arborist
Field Services
Senior Field Crew /Field Crew I 1 1
$50-85
Office
Services
Research Assistant/Technician
$30-55
Gra hies
$95 -115
Office Assistant
$55 -95
Word Processing/Technical Editing
1 $75 -95
,..o uwuy .a,e ro1 worn iuv,, ng actual expenses In coun, giving ceposmons or sumuar expert testimony, wnl be billed at $400 per hour regardless ofjob classifications.
A
L: \CORP \contractdoc 1(0920/11» 4
Client#: 652
I SAAB5irlC11
CERTIFICATE OF LIABILITY
INSURANCE
DA Y
,400M.
HER
L
2/ 2/2012 2'0120
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 12675
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604 -2675
09130111
510 465.3090
INSURERS AFFORDING COVERAGE
INSURED
INSURERA: Hartford Fire Ins. CO.
LSA Associates, Inc.
INSURER B: American Automobile Ins. Co.
20 Executive Park, Suite 200,
Irvine, CA 92614
INSURER C: Lloyd's Syndicate 2623
INSURER D:
INSURER E:
MED EXP (Any one person)
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHEPOLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
HER
L
TYPE OF INSURANCE
POLICYNUMBER
POLILYEFFECTNE
DATE (MMODPM
FOUCYEXPIRATIGN
DATEIMMIDDLYM
LIMITS
A
GENERAL LIABILITY
57CESOF4492
09130111
09130/12
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
.31,000,000
$300,000
X COMMERCIAL GENERAL LIABILITY
CW MS MADE a OCCUR
MED EXP (Any one person)
$10,000
PERSONAL &ADV INJURY
S1,000,000
X Contractural
Liability
GENERAL AGGREGATE
32 009.000
GEN'LAGGREGATE LIMIT APPLIESPER:
PRODUCTS- COMPIOP AGG
$200000D
POLICY X .PIROT LOC
A
AUTOMOSILEMABILITY
X
ANYAUTO
57UUNIF1488
09/30111
09130112
COMBINED SINGLE LIMIT
(Es accident)
$1,000,000
BODILY INJURY
(Per pescn)
$
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
X
HIRED AUTOS
NON-0WNEO AUTOS
BODILY INJURY
(Par accdent)
S
PROPERTYDAMAGE
(Per.WdenD
$
GARAGE LIABILITY
AUTO ONLY -EA ACCIDENT
3
OTHERTHAN EAACC
$
ANYAUTO
$
AUTO ONLY AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
S
OCCUR CLAIMS MADE
S
S
DEDUCTIBLE
$
RETENTION $
B
WORKERS COMPENSATION AND
WZP80995939
09/30111
09/30/12
X WCSTATU• I OTH-
EMPLOYERS' LIABILITY
E.LEACHAOCIDENT
S1,000,00
E.L. DISEASE -EA EMPL OYEE
$1,000,000
E.L DISEASE - POLICY LIMIT
81,000,000
C
OTHER Professional
W11F2C110101
09130/11
09/30/12
m
$2,000,000 per claim
lability
$4,000,000 annl aggr.
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEV CLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional
services.
Project: On Call Transportation Planning Services.
City of Newport Beach, Its Officers, Agents, Employees and Volunteers are
(See Attached Descriptions)
City of Newport Beach
Attn: Angela Liu
3300 Newport Boulevard
Newport Beach, CA 92658.8915
ACORD 25S (7197)1 of 2 #M289116
SHOULD ANYOFTH EAa OVE DESCRMED POLICIESBE CANCELLED DEFORETH E EXPIRATION
DATE THEREOF, THE ISSUING INSURER WI( kXM( TO MAIL 30_ DAYSWRITTEN
HOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT
rrR a ACORD
DESCRIPTIONS (Continued from Pagel)
additional insureds as respects to General & Automobile Liability per
policy form wording. A Waiver of Subrogation applies to Workers
Compensation_ See attachments.
AMS 25.3 (07197) 2 of 2 #M289116
POLICY NUMBER: 57CESOF4492 COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
{� THIS ENDORSEMENT IC�HANGESS THE POLICY.
��PpL�EA ISLE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS o SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organziation(s):
Location(s) Of Covered Operations
City of Newport Beach
SCHEDULE NAME OF ADDITIONAL
Attn: Angela Liu
INSURED PERSON(S) OR
3300 Newport Boulevard
ORGANIZATIONS CONT'D: City of
Newport Beach, CA 92658 -8915
Newport Beach, Its Officers,
caused, in whole or in part, by:
Agents, Employees and Volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II -Who Is An Insured is amended to
This insurance does not apply to "bodily injury" or
Include as an additional insured the person(s) or
"property damage" occurring after:
organization(s) shown in the Schedule, but only
1. All work, including materials, parts or equip -
with respect to liability for "bodily injury", "property
ment furnished in connection with such work,
damage" or "personal and advertising injury"
on the project (other than service, mainte-
caused, in whole or in part, by:
nance or repairs) to be performed by or on
1. Your acts or omissions; or
behalf of the additional insured(s) at the loca-
2. The acts or omissions of those acting on your
tion of the covered operations has been com-
behalf;
pleted; or
in the performance of your ongoing operations for
2. That portion of "your work" out of which the
the additional insured(s) at the location(s) desig-
injury or damage arises has been put to its
nated above.
intended use by any person or organization
B. With respect to the insurance afforded to these
other than another contractor or subcontrator
additional insureds, the following additional exclu-
engaged in performing operations for a
sions apply:
principal as a part of the same project.
CG 2010 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
UNIFORM
Policy Number: 57cesoF4492
added as an additional insured on your policy, the
most we will pay on behalf of such additional insured is
the lesser of:
a. The limits of insurance specified in the written
contract or written agreement; or
b. The Limits of Insurance shown in the Declarations.
Such amount shall be a part of and not in addition to
Limits of Insurance shown In the Declarations and
described in this Section.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any
remaining period of less than 12 months, starting with the
beginning of the policy period shown in the Declarations,
unless the policy period is extended after issuance for an
additional period of less than 12 months. In that case, the
additional period will be deemed part of the last preceding
period for purposes of determining the Limits of Insurance.
SECTION IV — COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obligations
under this Coverage Part_
2. Duties In The Event Of Occurrence, Offense, Claim
Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to it that we
are notified as soon as practicable of an
"occurrence" or an offense which may result in a
claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
(3) The nature and location of any injury or damage
arising out of the "occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought against any
insured, you or any additional insured must:
(1) Immediately record the specifics of the claim or
"suit" and the date received; and
(2) Notify us as soon as practicable.
You or any additional insured must see to it that we
receive written notice of the claim or "suit" as soon
as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands,
notices, summonses or legal papers received In
connection with the claim or "suit';
(2) Authorize us to obtain records and other
information;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against the
"suit "; and
(4) Assist us, upon our request, in the enforcement of
any right against any person or organization which
may be liable to the insured because of injury or
damage to which this insurance may also apply.
d. Obligations At The Insureds Own Cost
No insured will, except at that insured's own cost,
voluntarily make a payment, assume any
obligation, or incur any expense, other than for first
aid, without our consent.
eo Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage
Part that may also be covered by other insurance
available to an additional insured, such additional
insured must submit such claim or "suit" to the
other insurer for defense and indemnity.
However, this provision does not apply to the
extent that you have agreed in a written contract or
written agreement that this insurance is primary
and non - contributory with the additional insured's
own insurance.
f. Knowledge Of An Occurrence, Offense, Claim
Or Suit
Paragraphs a. and b. apply to you or to any
additional insured only when such "occurrence",
offense, claim or "suit" is known to:
(1) You or any additional insured that is an
individual;
(2) Any partner, if you or an additional insured is a
partnership;
(3) Any manager, if you or an additional insured is a
limited liability company;
(4) Any "executive officer" or insurance manager, if
you or an additional insured is a corporation;
(5) Any trustee, if you or an additional insured is a
trust; or
(6) Any elected or appointed official, if you or an
additional insured is a political subdivision or
public entity.
This duty applies separately to you and any additional
insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
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 Part unless all of its
terms have been fully complied with.
A person or organization may sue us to recover on an
agreed settlement or on a final judgment against an
insured; but we will not be liable for damages that are
not payable under the terms of this Coverage Part or
HG 00 0106 05 Page 13 of 18
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.
4. Otherinsurance
If other valid and collectible insurance is available to
the insured for a loss we cover under Coverages A or
B of 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 ail 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 I — Coverage
A — Bodily Injury And Property Damage Liability;
(6) 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 j. of Section
- Coverage A - Bodily Injury And Property
Damage Liability;
(6) When You Are Added As An Additional
Insured To Other insurance
Any other insurance available to you covering
liability for damages arising out of the premises
or operations, or products and completed
operations, for which you have been added as
an additional insured by that insurance; or
(7) When You Add Others As An Additional
Insured To This insurance
Any other insurance available to an additional
insured.
However, the following provisions apply to other
insurance available to any person or
organization who is an additional insured under
this coverage part.
(a) Primary Insurance When Required By
Contract
This insurance is primary if you have agreed
in a written contract or written agreement
that this insurance be primary. If other
insurance is also primary, we will share with
all that other insurance by the method
described in c, below. .
(b) Primary And Pion- Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract;
written agreement, or permit that this
insurance is primary and non - contributory
with the additional insured's own insurance,
this insurance is primary and we will not
seek contribution from that other insurance.
Paragraphs (a) and (b) do not apply to other
insurance to which the additional insured has
been added as an additional insured.
When this insurance is excess, we will have no
duty under Coverages A or B to defend the insured
against any "suit" if any other insurer has a duty to
defend the insured against that "suit ". If no other
insurer defends, we will undertake to do so, but we
will be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance
would pay for the loss in the absence of this
insurance; and
(2) The total of all deductible and self- insured
amounts under all that other insurance.
We will share the remaining loss, if any, with any
other insurance that is not described in this Excess
Insurance provision and was not bought specifically
to apply in excess of the Limits of Insurance shown
in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by
equal shares, we will follow this method also. Under
this approach each insurer contributes equal
amounts until it has paid its applicable limit of
insurance or none of,the loss remains, whichever
comes first.
Page 14 of 18 HG 00 01 06 05
If any of the other insurance does not permit
contribution by equal shares, we will contribute by
limits. Under this method, each insurer's share is
based on the ratio of its applicable limit of
insurance to the total applicable limits of insurance
of all insurers.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as advance
premium is a deposit premium only. At the close of
each audit period we will compute the earned
premium for that period and send notice to the first
Named Insured. The due date for audit and
retrospective premiums is the date shown as the
due date on the bill. If the sum of the advance and
audit premiums paid for the policy period is greater
than the earned premium, we will return the excess
to the first Named Insured.
c. The first Named Insured must keep records of the
information we need for premium computation, and
send us copies at such times as we may request.
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
that exist at the inception date of this Coverage
Part, we shall not deny coverage under this
Coverage Part because of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any
rights or duties specifically assigned in this Coverage
Part 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 claim is
made or "suit" is brought.
S. Transfer Of Rights Of Recovery Against Others To
Us
a. Transfer of Rights Of Recovery
If the insured has rights to recover all or part of any
payment, including Supplementary Payments, we
have made under this Coverage Part, those rights
are transferred to us. The insured must do nothing
after loss to impair them. At our request, the
insured will bring "suit" or transfer those rights to us
and help us enforce them.
Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of recovery
against any person or organization for all or part of
any payment, including Supplementary Payments,
we have made under this Coverage Part, we also
waive that right, provided the insured waived their
rights of recovery against such person or
organization in a contract, agreement or permit that
was executed prior to the injury or damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less
than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient
proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means the widespread public
dissemination of information or images that has the
purpose of inducing the sale of goods, products or
services through:
a. (1) Radio;
(2) Television;
(3) Billboard;
(4) Magazine;
(5) Newspaper; or
b. Any other publication that is given widespread
public distribution.
However, "advertisement" does not include:
a. The design, printed material, information or images
contained in, on or upon the packaging or labeling
of any goods or products; or
b. An interactive conversation between or among
persons through a computer network.
2. "Advertising idea" means any idea for an
"advertisement ".
3. "Asbestos hazard" means an exposure or threat of
exposure to the actual or alleged properties of
asbestos and includes the mere presence of asbestos
in any form.
4. "Auto" means a land motor vehicle, trailer or semitrailer
designed for travel on public roads, including any
attached machinery or equipment. But "auto" does not
include "mobile equipment".
5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c_ Disease
sustained by a person and, if arising out of the above,
mental anguish or death at any time.
HG 00 0106 05 Page 15 of 18
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
(The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms apart of Policy No. WZP80995939
Issued to: LSA Associates, Inc.
By: American Automobile Ins. Co.
Premium (if any) TBD
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule. (This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us).
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 -5% of the California workers compensation premium otherwise
due on such remuneration.
Schedule
Person or Organization Job Description
City of Newport Beach Project: On Call Transportation Planning
Attn: Angela Liu Services. SCHEDULE NAME OF PERSON(S) OR
3300 Newport Boulevard ORGANIZATIONS CONT'D: City of Newport
Newport Beach, CA 92658 -8915 Beach, Its Officers, Agents, Employees
and Volunteers
WC 0403 06 Countersigned by
(Ed. 4 -84)
Authorized Representative
POLICY NUMBER: 57CESOF4492 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
p THIS ENDORSEMENT CHANGES IT�HE POLICY, PLEASE READ IT CAREFULLY.
ADDFIONAL INSURED m OWNERS, LESSEES OR
CONTRACTORS.- COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organziation(s):
Location And Description Of Completed Operations
City of Newport Beach
Project: On Call Transportation
Attn: Angela Liu
Planning Services. City of
3300 Newport Boulevard
Newport Beach, Its Officers,
Newport Beach, CA 92658 -8915
Agents, Employees and Volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganizations) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that ad-
ditional insured and included in the "products -com-
pleted operations hazard ".
CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1
UNIFORM
CERTIFICATE OF INSURANCE
CHECKLIST
Cott of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1 -27 -12 Dept. /Contact Received From: Tania
Date Completed: 2 -02 -12 Sent to: Tania By: Joel
Company /Person required to have certificate: LSA Associates
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 9-30- 11/9 -30 -12
A.
INSURANCE COMPANY: Hartford Fire 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 $1 M or greater): What is limit provided?
1,000,000
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
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 9- 30- 11/9 -30 -12
A.
INSURANCE COMPANY: Hartford Fire Insurance Company
B.
AM BEST RATING (A-: VII or greater) A: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): What is limits provided?
1,000,000 CSL
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
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 9 -30- 11/9 -30 -12
A.
INSURANCE COMPANY: American Automobile Insurance 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 $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
® N/A ❑ Yes ❑ No
• POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
• BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent ofAlliant Insurance Services
Broker of record for the City of Newport Beach
2-02-2012
Date
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.