Loading...
HomeMy WebLinkAboutC-5396 - PSA for Santa Ana Heights Pavement RehabilitationAMENDMENT NO. TWO TO �D PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR SANTA ANA HEIGHTS PAVEMENT REHABILITATION PROJECT \�Q THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT v ("Amendment No. Two") is made and entered into as of this 18th day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANDERSONPENNA PARTNERS, INC., a California corporation ("Consultant"), whose address is 20280 Acacia Street, Suite 100, Newport Beach, CA 92660, and is made with reference to the following: RECITALS A. On March 5, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide inspection Services for the Santa Ana Heights Pavement Rehabilitation Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services, to extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2014, and to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 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 December 31, 2014, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT 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 Fifty -Eight Thousand Dollars and 00/100 ($158,000.00), 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 Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Thousand Dollars and 00/100 ($60,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] AndersonPenna Partners, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. *p City Attorney ATTEST: nI� q Date: C 0 By: 1 Leilani I. rown City Clerk i j;2Q Foa`% CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N. Hill, II Mayor CONSULTANT: AndersonPenna Partners, Inc., a California corporation Date: �5E/391VAiQlf /2 , 2014 - By: A=�� - � Lis enna Chief Executive Officer By: �Z� Ange 'que ucero Chief Financial Officer [END OF SIGNATURES] AndersonPenna Partners, Inc. Page 3 CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave A. Webb, Public Works Director — (949) 644-3330, dawebb@newportbeachca.gov PREPARED BY: Patrick Arciniega, Senior Civil Engineer PHONE: 949-644-3347 TITLE: Amendment to Professional Services Agreement with Anderson Penna Partners, Inc. for Santa Ana Heights Pavement Rehabilitation Project - Contract No. 4707 (CAP11-0022). ABSTRACT: The City entered into a Professional Services Agreement (PSA) with Anderson Penna Partners Inc. to provide inspection services for the Santa Ana Heights Pavement Rehabilitation Project. Additional services are needed to provide inspections through the close of this project. Pursuant to Council Policy F-14, City Council approval is required in order to process this amendment. N*01!,IJd4.UL1111[d:F Approve Amendment No. 2 to PSA with Anderson Penna Partners, Inc. to provide additional inspection services related to the Santa Ana Heights Pavement Rehabilitation project at a not -to -exceed cost of $60,000, and authorize the Mayor and City Clerk to execute Amendment No. 2. FUNDING REQUIREMENTS: Sufficient funds are available in Account No. 7459-C5100879 for Amendment No. 2 to the PSA with Anderson Penna Partners, Inc. DISCUSSION: The underground utility construction in Santa Ana Heights was completed during the summer of 2012, and the City has moved forward with restoration of the streets. Contractor All American Asphalt was awarded this contract in February 2013. This project is restoring the street, sidewalk and trail surfaces impacted by the underground utility construction. It is also bringing the majority of Mesa Drive into general conformance with the Specific Plan for Santa Ana Heights including additional horse railing, uniform street width along Mesa Drive, and new sidewalks for pedestrian access. In addition, this project is addressing the profile of Mesa Drive from Birch Street to Cypress Street to improve drivability. The City entered into a Professional Services Agreement with Anderson Penna Partners Inc. on March 3, 2013 to provide inspection services for this project. The scope of this project required extensive coordination of the existing street utilities and private improvements to complete the restoration efforts. Due to extenuating circumstances, interfering infrastructure and coordinating with private utilities, the project schedule has been delayed and additional funds are required for continued inspection services. Staff recommends approving Amendment No. 2 at a not -to -exceed cost of $60,000, due to Anderson Penna Partners Inc. inspector's familiarity with this project and the various stakeholders. The funds for these additional inspection efforts are available in the redevelopment agency funding that was provided for the overall underground project and no City funds will be utilized. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15332 (a) class 32 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it completes improvements to an existing street, sidewalks, gutters, bicycle and pedestrian trails and similar facilities (this includes road grading for the purpose of public safety). NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Name: D Location Map.pdf D Approved as to Form Copy - Amendment No Two to C-5396.pdf Description: Location Map Amendment No. 2 U�NF l FT ������ 00 41n, Q� oycyo 6qy yy Z N CITY OF NEWPORT BEACH SANTAANA HEIGHTS PAVEMENT PUBLIC WORKS DEPARTMENT RESTORATION EXHIBIT C-4707 1 02/25/2014 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR SANTA ANA HEIGHTS PAVEMENT REHABILITATION PROJECT THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 18th day of February, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANDERSONPENNA PARTNERS, INC., a California corporation ("Consultant"), whose address is 20280 Acacia Street, Suite 100, Newport Beach, CA 92660, and is made with reference to the following: RECITALS A. On March 5, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide inspection Services for the Santa Ana Heights Pavement Rehabilitation Project ("Project"). B. On November 27, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services, to extend the term of the Agreement and to increase the total compensation. C. City desires to enter into this Amendment No. Two to extend the term of the Agreement to December 31, 2014, and to increase the total compensation. D. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 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 December 31, 2014, unless terminated earlier as set forth herein." 2. COMPENSATION TO CONSULTANT 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 Fifty -Eight Thousand Dollars and 00/100 ($158,000.00), 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 Services to be performed in accordance with this Amendment No. Two, including all reimbursable items and subconsultant fees, in an amount not to exceed Sixty Thousand Dollars and 00/100 ($60,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] AndersonPenna Partners, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: — I —14 By: In Aaron C. Varp City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Rush N Mayor Hill, II CONSULTANT: AndersonPenna Partners, Inc., a California corporation Date: By: Lisa M. Penna Chief Executive Officer BV: Angelique Lucero Chief Financial Officer [END OF SIGNATURES] AndersonPenna Partners, Inc. Page 3 3 07 PROFESSIONAL SERVICES AGREEMENT ro WITH ANDERSONPENNA PARTNERS, INC. FOR N SANTA ANA HEIGHTS PAVEMENT REHABILITATION PROJECT �} THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 27th day of November, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ANDERSON PENNA PARTNERS, INC., a Califomia corporation ("Consultant), whose address Is 20280 Acacia Street, Suite 100, Newport Beach, CA 82660, and is made with reference to the following: RECITALS A. On March 3, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide inspection Services for the Santa Ana Heights Pavement Rehabilitation Project ("Project'). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to June 30, 2014 and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it Is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement 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 June 30, 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 and Exhibit A of Amendment No. One 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 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. Consultants compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Ninety Eight Thousand Dollars and 001104 ($98,000.04), without prior written authorization ftnm 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. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Thirty Thousand Dollars and 001100 ($30,000.00). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth to the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] AndersonPenna Partners, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 - f -� CITY OF NEWPORT BEACH, a California municipal corporation Date: By: L1 By: Aaron C. qarp David KiTr City Attorney City Manager ATTEST: Date: By: Leilani I. Brown City Clerk CONSULTANT: AndersonPenna Partners, Inc., a California corporation Date: By: Lisa M. F5enna Chief Executive Officer Date: /21 G Angel ue L61cero Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services AndersonPenna Partners, Inc. Page 3 EXHIBIT Q SCOPE OF SERVICE AndersonPenna Partners, Inc. Page A-1 Qty of Newport Beach !r?' Proposal for Contract Public Works Inspection Services —Additional fees ANDERSON•PENNA .r�er�u�,� ��OJGtlr eRrvgr• Scope of Work As requested, Anderson lei Partners, Inc. will perform the following on-call services to be Invoked monthly using the billing rates In Attachment g, A. Public Works Inspection —As Requested: 1. Receive and process requests for public works maintenance and Improvement. 2. Review engineering plans and specifications; provide construction administration and observation for City projects designed by others. 3. Provide construction observation associated with work performed on City streem water and sewer facilities, medians, slopes and parks for compliance with approved plans, specifications, permits, and Qty guidelines and standards. 4. Recommend notices of completion and acceptance of work. S. Observe construction of improvements by private developers and make recommendations regarding completion and acceptance of the work. Not4o.esoeed Fee Full time inspection starting from October 2S 2013 until the Santa Ana Heights project completion, based upon the non -prevailing rate of $85/hour, the additional not -to -exceed fee Is In the amount of $30,000. 21 Page PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR SANTA ANA HEIGHTS PAVEMENT REHABILITATION THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into as of thisOf day of ��2013 ("Effective Date") by and between the CITY OF NEWPO T BEACH, a California Municipal Corporation ("City"), and AndersonPenna Partners, Inc., a California Corporation ("Consultant"), whose address is 20280 Acacia Street, Suite 100, Newport Beach, California 92660 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 desires to engage Consultant to perform inspection services for the Santa Ana Heights Pavement Rehabilitation Project ("Project"), C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Dino D'Emilia, P.E. E. 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: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 1, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 14s911ri1*7201:�iT WO 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. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or 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 within two (2) days of the occurrence causing the delay 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 (as defined in Section 6 below) 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 fax, hand -delivery or mail. Kr �01 6W 4 M-11% OOMMICOX010INT11111—M, V1 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 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 Sixty -Eight Thousand Dollars and 061100 ($68,000.00) 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 identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 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 AndersonPenna Partners, Inc. Page 2 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. 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 Dino D'Emilia to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Patrick Thomas, Deputy Public Works Director/City Engineer or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. AndersonPenna Partners, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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. 8.4 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, 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 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 any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Consultant, 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 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 AndersonPenna Partners, Inc. Page 4 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. 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 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. 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 AndersonPenna Partners, Inc. Page 5 twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. r'1F•3���I=Z+T1 Tlt�'L[+�ii11L�' The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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 has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat, 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. AndersonPenna Partners, Inc. Page 6 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. AndersonPenna Partners, Inc. Page 7 25. CONFLICTS OF INTEREST 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26.1 All notices, demands, requests or approvals, including any change in mailing address, 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: Patrick Thomas, Deputy Public Works Director/City Engineer Public Works City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949-644-3319 Fax: 949-644-3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Dino D'Emilia, P.E. AndersonPenna Partners, Inc. 20280 Acacia Street, Suite 100 Newport Beach, CA 92660 Phone: 714-458-0703 Fax: 949-376-7511 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment The Consultant and the City expressly agree that in addition to any claims AndersonPenna Partners, Inc. Page 8 filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. in addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 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. AndersonPenna Partners, Inc. Page 9 29.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 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, age or any other impermissible basis under law. 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 (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] AndersonPenna Partners, Inc. Page 10 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: 'r- it 3 13 By: C( --y Aaron arp City Attorney 13 ATTEST: Date: 3- b— ]2 By: ' L eilani I. Brown City Clerk 1,l F.0R% CITY OF NEWPORT BEACH, A California municipal corporation Date: By: —��JJ4' David A. Webb Public Works Director CONSULTANT: AndersonPenna Partners, Inc., a California corporation Date: Z- le 1''y By: Chief Executive Officer Date: 63 By: Angc qu Lucero Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements document10 AndersonPenna Partners, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES AndersonPenna Partners, Inc. Page A-1 City of Newport Beach W_ Inspection Services Scope of Work ANDERSON TENNA AppendixA - Scope of Work . PARTNERS IN PROJECT DELIVERY. Appendix A - Scope of Work As requested, AndersonPenna Partners, Inc. will perform the following services to be invoiced monthly using the billing rates in Attachment B. A. Public Works Inspection -As Requested: 1. Receive and process requests for public works maintenance and improvement. 2. Review engineering plans and specifications; provide construction administration and observation for City projects designed by others. 3. Provide construction observation associated with work performed on City streets, water and sewer facilities, medians, slopes and parks for compliance with approved plans, specifications, permits, and City guidelines and standards. 4. Recommend notices of completion and acceptance of work. 5. Observe construction of improvements by private developers and make recommendations regarding completion and acceptance of the work. Not -to -exceed Fee It is our understanding that the assignment would be for full-time inspection starting from February 11 through approximately June 30, 2013, for a total of approximately 100 working days. It is also understood that this work will not be subject to prevailing wage requirements. Based on the nonprevailing wage rate of $85/hour, the not to exceed fee for this assignment is $68,000. Appendix A - Page 1 EXHIBIT B SCHEDULE OF BILLING RATES Anders©nPenna Partners, Inc. Page B-1 City of Newport Beach Inspection Services Appendix B - Billing Rates Appendix B - Billing Rates Billing Rates The following billing rates are effective through 2013. °.,.� ANDERSON TENNA . Pq RTNER$ IN PROJECT OELIY6NY. 1 The above hourly rates include all items necessary to perform the proposed scope of work Including: Non -prevailing wage salary payments and distribution of fringe benefits to inspection staff are NOT covered by the current Prevailing Wage Determination. The billing rates above include inspection documents, tools and equipment, a vehicle, and a cell phone. A 4 hour minimum callout applies. 2 Rate applies to the first four hours of overtime during the week; all overtime in excess of four hours is paid at the Sunday/Holiday rate. 3 Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. " Inspection hours will be billed at the prevailing wage rate unless a written determination that the work is not covered by the Prevailing Wage Act is provided by the City Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly attributable to the project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, non -commuter project miles and/or other travel expenses to remote fabrication yards J batch plants (over 50 miles in one direction), overnight postage / couriers, etc., are billed at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate (currently $0.565 per mile). Appendix B - Page 1 Regular Time Overtime Hourly Rates Staff Hourly Rate' Mon- Fri2 Saturday3 Sunday/Holiday Sr. Public Works Inspector $ 85 $ 110 $ 110 $ 125 (Non Prevailing Wage) Sr. Public Works Inspector" $ 92 $ 120 $ 120 $ 132 (Prevailing Wage) 1 The above hourly rates include all items necessary to perform the proposed scope of work Including: Non -prevailing wage salary payments and distribution of fringe benefits to inspection staff are NOT covered by the current Prevailing Wage Determination. The billing rates above include inspection documents, tools and equipment, a vehicle, and a cell phone. A 4 hour minimum callout applies. 2 Rate applies to the first four hours of overtime during the week; all overtime in excess of four hours is paid at the Sunday/Holiday rate. 3 Rate applies to the first 12 hours worked. All other time is paid at the Sunday rate. " Inspection hours will be billed at the prevailing wage rate unless a written determination that the work is not covered by the Prevailing Wage Act is provided by the City Other Direct Costs: Reimbursement of identifiable non -salary costs that are directly attributable to the project such as oversized and/or color reproduction costs, site facility hard phone line and/or internet service charges, non -commuter project miles and/or other travel expenses to remote fabrication yards J batch plants (over 50 miles in one direction), overnight postage / couriers, etc., are billed at actual cost plus 5 percent to cover overhead and administration. Travel charges to a casting/ fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Non -commuting mileage required for travel and to and from locations other than the project site are billed at the allowable IRS mileage reimbursement rate (currently $0.565 per mile). Appendix B - Page 1 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. AndersonPenna 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 written notice of AndersonPenna Partners, Inc. Page C-2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant'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. AndersonPenna Partners, Inc. Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3/4113 Dept./Contact Received From: Tania/Lucie Date Completed: 315113 Sent to: Company/Person required to have certificate: Type of contract: Taniallucie __ By: AndersonPenna Partners, Inc. All Other Renee GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/12 to 8/1/13 _ A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): A+: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 / 32,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must ❑ N/A include): Is it included? (completed Operations status does ® No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) Z Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Z Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11, AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/12 to 8/1/13 _ A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater) A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M 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?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): G. HIRED AND NON -OWNED AUTO ONLY: H. NOTICE OF CANCELLATION: N/A ® N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ® No ❑ N/A ® Yes ❑ No {O, VVORKGRG`COMPENS4T0N EFFECTIVE/EXP | RATION DATE: 6/1/12 to 6/1/13 A. INSURANCE COMPANY: Travelers Property Casualty B. AyNBEST RATING (A:VII nrg000ted: }{ C. ADMITTED Company (Must hoCalifornia Admitted): ZYes [lNo D. VVORKERS'COMPFNG/T|[)NLIMIT: Statutory 5UYes FlNo E. EMPLOYERS' LIABILITY LIMIT (Must be$1Kxorgreater) F. WAIVER OFSUBROGATION (To |no|ude):|sKincluded? ZYes [l—No G� SIGNED VVORKERG`CO0PEN0AT|ONEXEMPTION FORM: EN/A FlYes ElNo H, NOTICE OFCANCELLATION: FlN/A [3 Yes El No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED [Y. 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 Date Broker of record for the City of Newport Beach Z Yes 171 No RISK MANAGEMENT APPROVAL REQUIRED Non-amittedcarrier rated less than ; Self Insured Retention or Deductible greater than $—) El N/A El Yes [:]No Reason for Risk Management apprnvo|/oxcopdiun/nmivoc Approved: Risk Management Date * Subject 0mthe terms nfthe contract. Cttent#:12965 ANDERPART ACORM CERTIFICATE 4F LIABILITY INSURANCE WY POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 3DATE 10812 /081201013 3 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 .....v A 714 427-6810 INSURERS AFFORDING COVERAGE NAIC # INSURED AndersonPenna Partners, Inc. 20280 Acacia Street, #100 Newport Beach, CA 92660 INSURER A: Travelers Property Casualty Co 25674 INSURER D: U.S. Specialty Insurance Compan DAMAGE TO RENTED ... INSURER C: __ ................._.._.._....._. INSURER D: X COMMERCIAL GENERAL LIABILITY INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NOD -1, NSR TYPE OF IN POLICY NUMBER POLICYEFFECTIVE DATE MMID POLICYEXPIRATION AIUMM DEI LIMITS .....v A GENERAL LIABILITY 68030521-77A 08/01/12 08/01/13 EACH OCCURRENCE $1000000 DAMAGE TO RENTED $1,000,000 X COMMERCIAL GENERAL LIABILITY General Liab. CLAIMS MADE aOCCUR excludes claims $10000 MED EXP(Any one person) PERSONAL S ADV INJURY $1 000 000 arising Out of GENERAL AGGREGATE s2,000,000 the performance GEHL AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGO $2000000 of professional POLICYX JET -LOC Se€VICBS. A AUTOMOBILE X LIABILITY ANY AUTO BA30531-556 08101112 08/01113 COMBINED SINGLE LIMIT (Ea a enq $q,000,QOQ BODILY INJURY {Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccidend $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGO A EXCESS/UMBRELLA LIABILITY CUP6874Y728 06/01/12 08101113 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 X OCCUR I--] CLAIMS MADE Umbrella Form s Excludes Prof't $ DEDUCTIBLE Liability S RETENTION $ A WORKERS COMPENSATION AND UB3708T659 06/01/12 06101/13 'j( WC STATU OTH- 'EL. EACH ACCIDENT $1,QQO,000 EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNERJEXECUTIVE OFFICERIMEMEER EXCLUDED? E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe ander PROVL$JONS belw E.L. DISEASE - POLICY LIMIT $1.yLOO 0-0SPEC_AL B _ OTHER professional USS1223133 08/01/12 08/01/13 $1,000,000 per claim Liability $2,000,000 annl aggr. Retro: 8/1/2005 $35,000 Ded, per claim DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Re: All operations as performed by the Named Insured. The City of Newport Beach, its officers, officials, employees and volunteers are additional insureds on General and Auto liability policies as required by written contract. Primary and Non -Contributing coverage, Cross Liability coverage, Waiver of Subrogation applies to GL as required by written contract. Waiver of (See Attached Descriptions) City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658-8915 ACORD 25 (2¢01/081 1 of 2 OR5420201IMMIS0926 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL RML)(jNjnr5Bx MAIL 3,gDAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE 1-EFT,XMXWAXGn00000000(M4x RLL a ACORD CORPORATION 198f I DESCRIPTIONS (Continued from Page 1) Subrogation or Rights applies to Workers Compensation policy only as required by a written signed contract prior to any loss occurring. AMS 2U (20011081 2 of 2 #S542020/M460926 POLICY NUMBER: BA30531-556 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 08/01/12 Named Insured _ Countersigned by ,z/ 4� AndersonPenna Partners, Inc. (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): The City of Newport Beach, its officers, officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section If of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 AndersonPenna Partners, Inc. 6803052L77A 08/01/12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c, in connection with 'your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of 'your work' performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 m 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the coovriahled material of Insurance Services Office. Inc.. with its permission COMMERCIAL GENERAL LIABILITY injury' or "property damage" occurs, or the "per- sonal injury' offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the 'personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the cowriahted material of Insurance Services Office. Inc.. with its permission AndersonPenna Partners, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 75 (00) -- POLICY NUMBER: uB3708r659 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. 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 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization: Job Description: "Any person or organization for which the Insured has completed a written agreement to provide this waiver" City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658-8915 DATE OF ISSUE: 06/01/12