Loading...
HomeMy WebLinkAboutC-5448 - Design PSA for Bicycle Corridor Improvement Program (BCIP)v AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM (BCIP) THIS AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES, INC., a New York corporation ("Consultant"), whose address is 38 Technology Drive, Suite 100, Irvine, CA 92618-6000, and is made with reference to the following: RECITALS A. On April 26, 2013, City and Consultant entered into a Design Professional Services Agreement ("Agreement") to engage Consultant to provide design services for the Bicycle Corridor Improvement Program (BCIP) ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement 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. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services dated February 28, 2014, attached hereto 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. 2. COMPENSATION TO CONSULTANT 2.1 Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consult for the Services on a time and expense not -to -exceed basis in accordance with this Section, Exhibit A, and the Schedule of Billing Rates or Progress Payments 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 Thousand Seven Hundred Twelve Dollars and 001100 ($100,712.00), 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. 2.2 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 Twelve Thousand Dollars and 00/100 ($12,000.00). 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] Stantec Consulting Services, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 -dl()-IH By: IV1 Aaron C. jarp City Attorney (i CITY OF NEWPORT BEACH, a California municipal corporation Date: !NlRw�m. City Manager ATTEST: if , � 1 CONSULTANT: Stantec Consulting Date: 7 Services, Inc., a New York corporation Date: By: By: ol� Leilani I. Brown Douglas . Jh on City Clerk Vice Preside t Date: By: Addison Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services dated February 28, 2014 Stantec Consulting Services, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Stantec Consulting Services, Inc. Page A-1 Stantec February 28, 2014 File: 2073007710 Stantec Consulting Services Inc. 38 Technology Drive, Suite 100 Irvine CA 92618-5312 Tel: (949) 923-6000 Fax: (949) 923-6121 Attention: Mr. Brad Sommers City of Newport Beach moo Civic Center Drive Newport Beach, California 9266o Dear Mr. Sommers, Reference: PS&E for Design for Bicycle Corridor Improvement Program It has been our pleasure providing engineering design services for the noted project above, and we look forward to continuing our efforts on this project. We have been striving to meet your needs for this project and appreciate the flexibility provided by the City in meeting all project goals. In order to respond to shifting design goals stemming from the current tricycle master plan, multiple design refinements were needed. Therefore, additional effort was needed and our project costs have been significantly higher than the amount indicated in our initial project estimate. As a result we are requesting your consideration of authorization of an additional $12,000 for this project Our situation and justification is as follows: Shifting design goals stemming from the current and ongoing bicycle master plan have required more design reviews and refinements than expected, plus preparation of 4 new drawings. To achieve these goals, additional design changes were needed. Therefore, we experienced significant additional costs to prepare the plans. The CEQA/NEPA documentation task was stopped when our progress on this task is estimated at about 8o%. By this letter, we are requesting concurrence in the transfer of the task balance from the documentation task to the PSE preparation task We understand that the plans are being returned for additional charges stemming in part from ongoing policy transitions related to the bicycle master plan update. An authorization increase request of $12,000 in the total contract amount should be satisfactory to allow us to complete the project. Please review for approval our request for abudget increase of $12,000 for this additional scope of work. This will result in a new authorized total amount for the project of $loo,812. Work will be performed under the terms of the original agreement and subsequent addenda. Thank you for your review and consideration of this request. Regards, STANTEC CONSULTING SERVICES INC. Design wish community In mind February 28, 2014 Mr. Brad Sommers Page 2 of 2 Reference: PS&E for Design for Bicycle Corridor Improvement Program Rock Miller Senior Principal, Transportation Planning & Traffic Engineering Phone: (949)923-6021 Fax: (949) 923-6121 RockMiller@stantec.com s=wd vmmtz Design with community in mind DESIGN PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM (BCIP) Oo THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement') is made and entered into as of this l o- day ofj 2013 ("Effective Date") by and I between the CITY OF NEWPORT BEACH, a alifomia Municipal Corporation ("City"), CJ and STANTEC CONSULTING SERVICES, INC., a California corporation ("Consultant'), whose address is 19 Technology Drive, Suite 200, Irvine, CA 92618-2334 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 provide design services for the Bicycle Corridor Improvement Program (BCIP) ("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 Joe Foust. 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: 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 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. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. 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. 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 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 Eighty -Eight Thousand, Eight Hundred, Twelve Dollars and 001100 ($88,712.00) 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. STANTEC CONSULTING SERVICES, INC. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 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 Joe Foust 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 1f 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. Brad Sommers, Senior Civil 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 7.1 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 (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant. STANTEC CONSULTING SERVICES, INC. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8.1 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. 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. s w• a 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 under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may 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 STANTEC CONSULTING SERVICES, INC. Page 4 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. 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. STANTEC CONSULTING SERVICES, INC. Page 5 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 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. STANTEC CONSULTING SERVICES, INC. Page 6 17.3 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tifo files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. i)I~�91r!1S17:4ttT14k�'1 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. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. STANTEC CONSULTING SERVICES, INC. Page 7 22. 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 Conger period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless STANTEC CONSULTING SERVICES, INC. Page 8 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 All notices, demands, requests or approvals, 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: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3311 Fax: (949) 644-3318 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Joe Foust STANTEC CONSULTING SERVICES, INC. 19 Technology Drive, Suite 200 Irvine, CA 92618-2334 Phone: (949) 923-6000 Fax: (949) 923-6121 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 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.). 29. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are STANTEC CONSULTING SERVICES, INC. Page 9 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. 29.2 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. 30. STANDARD PROVISIONS 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.6 Amendments, This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. STANTEC CONSULTING SERVICES, INC. Page 10 30.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 Counterparts. This Agreement may be executed in two (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] STANTEC CONSULTING SERVICES, INC. Page 11 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: I h 8 h s CITY OF NEWPORT BEACH, A California municipal corporation Date:-#lZ���'Z By: z9Vq l D By: Aaron. cid Dave City Attorney City Manager ATTEST: `3 Date: r Leilani I. Brown City Clerk -dooffafth- CONSULTANT: STANTEC CONSULTING SERVICES, INC., a California corporation Date: 11'�01? By:4 Douglas J. Jo n on Vice President Date: [ B. J ifer dison Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements document2 STANTEC CONSULTING SERVICES, INC. Page 12 EXHIBIT A SCOPE OF SERVICES STANTEC CONSULTING SERVICES, INC. Page A-1 January 10, 2013 Stantec Consulting Services Inc. 19 Technology Drive Suite 200 Irvine CA 92618-2334 Tel: (949)923-6000 Fax: (949) 923-6121 Attention: Mr. Brad Sommers City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Dear Mr. Sommers, Reference: PS&E DESIGN BUDGET FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM Stantec Consulting Services Inc. (Stantec) is pleased to respond to your RFP to provide professional engineering services for design of four bicycle facilities funded by OCTA's Bicycle Corridor Improvement Program (BCIP). As you recall, Stantec assisted the City of selection of candidate projects and preparation of the forms for the BCIP applications. These four projects have been selected for funding and this proposal addresses the cost of preparation of the PS&E for each project. The four projects are: 1. Eastbluff Dr/Ford Rd Class it Facility in front of Corona Del Mar High School 2. San Joaquin Hills Class II Facility 3. Jamboree Rd Class II Facility 4. Spy Glass Hill Rd Class If Facility All four of these projects include striping on -street (Class II) bicycle lanes. Location 1 also includes roadway widening on Eastbluff Drive adjacent to Corona Del Mar High School in order to permit striping of the bicycle lanes on the street. A portion of the effect necessary to complete the detailed information required in the BCIP applications was a determination of the cost of the overall project. We estimated the cost of the on -street striping plans using our standard rates. In addition, there may be a need for minor signal modifications on Jamboree Road. All four projects require the preparation of the CEQA/NEPA documentation for Categorical Exemption and FHWA "Authorization to Proceed" (E-76) request forms, which shall be submitted to Caltrans by February 1 s', 2013. Completion of all these applications estimated to require 80 hours of work. Together the estimated cost for all four striping projects, required signal modifications, and environmental documentation is $39,914. The scope of work for Eastbluff Drive/Ford Road includes preparation of PS&E documents for widening of Eastbluff Drive between Jamboree Road and Mar Vista Drive, an approximate distance of about 500 feet. The widening will be along southern curb line of Eastbluff Drive. In this regard, the following tasks will be performed. A. Data Collection and Review Stantec will collect as built plans and other data from the City of Newport Beach and review to determine project constraints. Stantec January 10, 2013 Mr. Brad Sommers Page 2 of 4 Reference: PS&E DESIGN. BUDGET FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM B. Survey and Base Map 1. Site Topography Perform a field topographic survey to document existing site topography and planimetrics within the area of proposed improvements. The survey limits will include a strip along the southwesterly half of Eastbluff Dr, between Jamboree Rd and Mar Vista Dr. Substantial, visible improvements will be located within the survey limits from centerline to existing right-of-way, including spot elevations, walks, curbs, drives, gutters, trees, walls, and fences. Visible indications of surface utilities will also be located, as will lid/rim elevations for drainage structures present. 2. Existing Right -of -Way and Base Map Monuments will be observed to retrace the centerline and right-of-way of Eastbluff Drive within the project limits. The results will be incorporated into a base map illustrating existing right of way conditions. Available agency research, prior surveys, and assessor parcel maps will be used to prepare the base map. This will not be a full and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey will be limited to existing, centerline monuments found along Eastbluff Drive. 3, Proposed Right -of -Way Legal descriptions and Exhibits Prepare legal descriptions and exhibits to accompany the dedication of additional right-of-way areas or easements within the project limits. The documents will be prepared and stamped by a Professional Land Surveyor and provided to the City for attachment to documentation provided by others. It is estimated that 1 dedication document and 1 temporary construction easement will be required for this effort. A current preliminary title report covering the properties impacted by the proposed easements must be provided by the City prior to the preparation of the documents. Preparation of RAN documents for Temporary Construction Easement Preparation of RAN documents for property acquisition or permanent easement C. Preparation of PS&E Documents Preliminary Design 1. Roadway Plans and Profiles Plans shall be prepared in accordance with the design and drafting standards of the City of New Port Beach. These plans will show improvements associated with the widening of the road. 2. Title Sheet. typical sections construction details and Quantities 3. Cross Sections 4. Landscape and Irrigation Plans Proposed improvements will impact the existing parkway improvements. This task includes preparation of 1'=20' scale planting plans and irrigation plans per the City of Newport Beach standards for the repair and replacement of the area disturbed by the construction of the Eastbluff Drive widening. Work includes the following: January 10, 2013 Mr. Brad Sommers Page 3 of 4 Reference: PS&E DESIGN BUDGET FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM( Conduct site investigation to document existing conditions and inventory existing above - grade irrigation improvements and identify points of connection and materials to be maintained, salvaged, and/or replaced. Review the existing record drawings and other reference documents supplied by the City of Newport Beach in an effort to best determine below grade irrigation equipment. Prepare planting sheets to be included in the street improvement plans. Sheets will address the repair and replacement of the parkway landscaping at the project site with the intention to blend the necessary new landscape improvements with the existing, Installation details and specifications will be provided and will conform to local codes. Prepare irrigation sheets to be included with the street improvement plans. Plans will address the repair and replacement of the existing irrigation equipment and continuation of service. Installation details and specifications will be provided. Prepare Irrigation MAWA and ETWU calculations as necessary. Coordinate connections to existing landscape improvements adjacent to the project site located within Right -of -Way. 5. Retaining Wall and Relocation of Monument Plan Proposed improvements will require a new retaining wall adjacent to the new side walk. Also a Monument sign located at the southeast corner of the Eastbluff Drive and Jamboree Road will require relocation. Structural plans for these elements will be prepared. Design of foundation for the relocation of the monument is included. However, architectural design of the monument is not included. 6. Traffic Control Plans- Stage Construction 7. Special Provisions Special provisions for the items not covered by the" Greenbook", 2012 Edition and Caltrans Standard Specifications will be prepared. 8. Opinion of Probable Cost of Constructions A preliminary opinion of probable cost of construction will be prepared 9. Submittal for Review Documents will be assembled and submitted to the City for Review. Following documents will be included: Conduct site investigation to document existing conditions and inventory existing above - grade irrigation improvements and identify points of connection and materials to be maintained, salvaged, and/or replaced. Plan and Profile sheets, 1"=20' scale- 2 Sheets Title Sheet, Typical Cross Sections , construction notes- 2 Sheets Cross Sections at 25' intervals- 1 Sheet Landscape Planting Plans -1"=20'- 1 Sheet Landscape Irrigation Plans -1 "=20' -1 Sheet Planting and irrigation Details - 2 Sheets Irrigation Calculations - 1 Sheet January 10, 2013 Mr. Brad Sommers Page 4 of 4 Reference: PS&E DESIGN BUDGET FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM Retaining Wall and Monument Relocation Plan -1 Sheet Special Provisions An opinion of probable cost of construction D. Final PS&E Documents We will incorporate City's comments and prepare final documents E. Project Management and Coordination Stantec will coordinate the design with the City. Scope includes attendance of 2 meetings with the City. EXCLUSIONS Geotechnical Investigation s The preparation of the PS&E for Eastbluff Drive/Ford Road roadway widening including surveys, RNV evaluation, deed preparation and complete PS&E is estimated to require 350 person hours at a cost of $48,898. Stantec's proposal, which includes preparation of the complete PS&E for all four BCIP bicycle lane projects, and CE documentation/E-76 applications, will be completed on a time and materials fee upon our existing agreement for a fee not expected to exceed $88,712. Any changes will be submitted to and approved by City prior to beginning of work on such changes. I will be the Project Manager and your primary contact person. I will be assisted by Ms. Sherry Weinmeier, PE for design of the roadway widening improvements on Eastbluff Drive, and by Mr. Ryan Calad for bike lane design and application/documentation completion. Mr. Rock Miller, PE will provide an overall project review and conduct the QAIQC aspect of the design plans. If you have any questions, please call. Sincerely, STANTEC CONSULTING SERVICES INC. Joe Foust Principal, Transportation Planning & Traffic Engineering Tel: (949) 923-6057 Fax: (949) 923-6121 Joe. Foust@stantec.com cmw v=73lbusiness_tlevelopmeniklly d mwpon beat \pro blcycla_o=ndor imp_progmmdo= EXHIBIT B SCHEDULE OF BILLING RATES STANTEC CONSULTING SERVICES, INC. Page B-1 [n { q n win - ! 6r, \ / - � )k - \\\_\ \OPW _ ) W J i i i r x } i $ I I I HT g 3 h I NIT C q M 7 41 p o z c y -w E F a Fy-ryra�a� s fi 4 Stantec 2012 Fee Schedule LEVEL �HRLY RATE DESCRIPTION Entry-level position 1 $50 • Works under the supervision of a senior professional 2 $57 • Recent graduate from an appropriate post -secondary program or equivalent F4 + Generally, less than four years experience Junior -level position 3 $63 • Independently carries out assignments of limited scope using standard procedures, methods and techniques $71 + Assists senior staff in carrying out more advanced procedures 5 $77 • Completed work is reviewed for feasibility and soundness of judgment • Graduate from an appropriate post -secondary program or equivalent • Generally, four years work ex erience Fully qualified professional position 6 $85 • carries out assignments requiring general familiarity within a broad field of the respective profession 7 $93 • Makes decisions by using a combination of standard methods and techniques 8 $101 + Actively participates in planning to ensure the achievement of objectives + Works independently to interpret information and resolve difficulties • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, six years experience First level supervisor or first complete level of specialization 9 $110 + Provides applied professional knowledge and Initiative in planning and coordinating work programs 10 $120 • Adapts established guidelines as necessary to address unusual issues 11 $130 • Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of judgment + Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, Hina years experience Highly -specialized technical professional or supervisor of groups of professionals 12 $142 • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 13 $154 • Participates in short and Zang range planning to ensure the achievement of objectives 14 $165 + Makes responsible decisions on all matters, including policy recommendations, work methods, and financial controls associated with large expenditures • Reviews and evaluates technical work • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, ten years experience with extensive, broad experience Senior level consultant or management function 15 $175 • Recognized as an authority in a specific field with qualifications of significant value 16 $189 • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 17 $218 . Independently conceives programs and problems for investigation • Participates in discussions to ensure the achievement of program andtor project objectives • Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects • Graduate from an appropriate post -secondary program, with credentials or equivalent . Generally, fifteen years exiLerience with extensive professional and management experience Senior level management position under review by Vice President or higher 18 $255 • Recognized as an authority in a specific field with qualifications of significant value 19 $355 + Responsible for long range planning within a specific area of practice or region + Makes decisions which are far reaching and limited only by objectives and policies of the organization • Planslapproves projects requiring significant human resources or capital investment • Graduate from an appropriate post -secondary program, with credentials or equivalent + Generally, fifteen years experience with extensive professional and mann ement ex erience N: 9p10301'r ur.da; RATE TAalES12012 Rare TabW MWRue TaNmw Sle rd 2012 Tabic #. dao 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. STANTEC CONSULTING SERVICES, INC. Page C-1 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 Primate 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 STANTEC CONSULTING SERVICES, 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 Wort. STANTEC CONSULTING SERVICES, 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: 2/12/13 Dept./Contact Received From: Tania Date Completed: 3/4/1,3 Sent to: Tania By: Renee Company/Person required to have certificate: Stantec Consulting Services, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/12 to 5/1/13 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater): _ A+; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? X Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $2,000,000 / $4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach X 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) X 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) X Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? X Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? X 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? X Yes ❑ No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): X N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A X Yes ❑ No I1, AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/1/12 to 11/1/13 A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A-: VII or greater) _A+; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? X 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 I Proof of coverage (if individual) (What is limits provided?) N/A _ F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): X N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes X No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No Dl N0RKERS'COKoPENSAT0N EFFECT|VE/EXP|RATION DATE: 11/1/12 to 11/1/13 A. INSURANCE COMPANY: Zurich American B� ANBEST RATING (A,:V||orgnaoheh: X9 C ADMITTED Company (Must beCalifornia Admitted): Yes No D. WORKERS' COMPENSATION LIMIT: Statutory Yes No E, EMPLOYERS' LIABILITY LIMIT (Must heSIM urg,eotor) F� WAIVER (JFSUBROGATION (To innlude):}mitincluded? ERYes ElNn G. SIGNED VVORKERS'COMPEN3AT\0NEXEMPTION FORM: NN/A El Yes [lNo H. NOTICE OFCANCELLATION: F7N/A NYes [lNn ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY \` POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 0 NIA El Yes El No RISK MANAGEMENT APPROVAL REQUIRED Non'odmiMedcarrier rated less than : Self Insured Retention or Deductible greater than $ El N/A El Yes El No Reason for Risk Management uppnova|/axooption/wmivor: Risk Management Date w Subject to the terms of the contract, acoRc�� CERTIFICATE OF LIABILITY INSURANCE 112 ONYYY ATE 03/ 03! 011J2001313 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confor rights to the certificate holder In lieu of such endorsements , PRODUCER k% NAMEACT MICHAEL POPLETT MARSH CANADA LIMITED _ -- ZN E:780 -917-4860T F"A 7$0-429-1422 _ (NC Noy 680, 10180 -109 STREET AODREss: MICHAEL.POPLETT@MARSH.COM INSURER(s)AFFORCING COW -RAGE Na10# EDMONTON, AS T5J 3S4 _--'_—__--- LNSURERA: _ INSURED INSURER R 1 _ INSURERC: m $ STANTEC CONSULTING SERVICES INC. 19 TECHNOLOGY DRIVE, SUITE 200 INSURER D:__ IRVINE, CA 92618-2334 INSURER E: LLOYDS _OF LONDON ^ _....._.........-- AV 37640 �— GENERALAGGREGATE INSURER F: COVERAGES CERTIFICATE NUMBER: 604 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN RED�U�C�ED PAID CLAIMS. ILR TYPE OF INSURANCE INS}i W VBQ T'_ POLICY NUMBER MMl�OTYYYYj+-j_tyIM PBY I}CPtYYXYY LIMITS -^- GENERAL LIABILITY _—T__........_..-, EACH OCCURRENCE $ ( GOMMERCWA GENERAL LIABILITYPREMISES( —F CLAIMS -MADE COCCUR a-curzencsj S MED EXP {Aryone person} $ PERSONAL & ADV INJURY $ GENERALAGGREGATE $ PRODUCTS - COMPIOP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO. LOC EC_ _ $ AUTOMOBILE LIABILITY _..._._._.._._... __ ..... .. "MID acd Dt) 8 ANY AUTO BODILY INJURY (Per person) $ AAD OWNED BODILY INJURY (Per accident) $ HIRED AUTOS Per accident v $ $ LA UMBRELLA. UAB I EACH OCCURRENCE AGGREGATE _ _ $ EXCESS UAB $ DED I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'UAMUTY YIN ANOFMEWMEMBER EXCLUDED? Y PROPRIETOPJPARTNER/EXECUTMF NrA (Mandatary in NH) E.L EACH ACCIDENT .$ E.L. DISEASE - EA EMPLOYE ----"' $ If yes, describe ander DESGRIPTIO ;Cfl?ERgIONS below __ _ E.L. DISEASE -POLICY UMIT '---'----_ $ __ E PROFESSIONAL LIABILITY N/A QF045012 08/01/12 08/01/13 1 CLAIM & AGGREGATE LIMIT INCLUDING CONTRACTORS $3,000,000 INCLUSIVE OF COSTS POLLUTION LIABILITY NO RETROACTIVE DATE CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS 140CATION$ t VEHICLES (Attach ACORD 1e1, Additional Remarks Schedule, a more space is required) IRVINE, CA. STANTEC PROJECT #2073. RE: BICYCLE CORRIDOR IMPROVEMENT PROGRAM (BCIP). THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. CITY OF NEWPORT BEACH 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. r ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ACC) hp CERTIFICATE OF LIABILITY INSURANCE °03101/2013"' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AON REED STENHOUSE INC. CN UET"T ANDREA OTTO AX AIA No E.xt: 1-800-044-3017 ._ F0, No); 52$56-8834 AON RISK SERVICES CENTRAL, INC. 900.10025-102A AVENUE Ano ESs:ANOREA.OTTOOAON,COM INSURER(S) AFFORDINO COVERAGE NAIC# INSURER a ZURICH AMERICAN INSURANCE COMPANY16535 EDMONTON, AS TSJ OY2 _ INSURED INSURER B: ZURICH AMERICAN INSURANCE COMPANY 16535_ Nsu ER c:?URICH INSURANCE COMPANY STANTEC CONSULTING SERVICES INC. __ INSURER o: ZURICH AMERICAN INSURANCE COMPANY 16_535 19 TECHNOLOGY DRIVE, SUITE 200 INSURERe IRVINE, CA 92618-2334 INSURER F: XCU COVER INCLUDED COVERAGES CERTIFICATE NUMBER: 629 KEVISIUN NUMBEK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R LTR TYPE OF INSURANCE TD !NSR+D I� POLICY NUMBER(MMMtlNYY POLICY AFF POLICYEXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY X t X GL06556026 05/01/12 05/01/13 ,,, ___ EApCHOCCURRENCE _ ft USES Eaecwrrence) $ 2,000,000 $ 300,000 CLAIMS -MADE rXOCCUR XCU COVER INCLUDED _ ME.DEXP(Myoneperson) $ 10 OOQ_ PERSONAL &ACV INJURY _ IX CONTRACTUAVCROSS LIABILITY i j�' OWNERS&CONTRACTORS GENERAL AGGREGATE �$ 4,000,000 GENT AGGREGATE LIMIT APP, IES PER POLICY JECT h 1 �� AUTOMOBILE LIABILITY PRODUCTS -COMPIOPAGG $ 2000,,000 B .. X BAP5940882 _._._. 11101(12 11/01113 i5F0TNE6�IRGLEiT1T.'-'. Ea accident) .._... $ ..... $ 1,000,000 _.�..._._ X ANY AUTO BODILY INJURY (Per person) $ AUTPS NED SUHEOULED AAON-OWNED BODILY INJURY (Per accident) $ HIRED AUTOS UTD& k i { erec ictlani) " $ - - 5 CX UMBRELLAUAB X OCCUR8831307 05/01112 05/01113 EACHOCCURRENCE $ 5,000,000 $ X EXCESS UAB CLAIMS -MADE EXCESS GENERAL, AUTO ANDAGGREGATE EMPLOYERS LIABILITY (FOLLOW DED X RETENTION $10,000 _5,000,000 ' $-..-.,. D WORKERS COMPENSATION AND EMPLOYERS'UASILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVR w� INFandetoryin Kin EXCLUOED7 1 Zvi NIA _ORMj ,..._..._.— WC5940881 ._......._ 11/01(12 11/01/13 TAT ' wX ,j,ORV LIMIT _EfL EL. EACHACCIDENT _ $ 1,000,000 EL. DISEASE -EA EMPLOYE $ 1,000,000 ff }res, descroo under DESCRIPTION OF OPERAT40N^�bQlow E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (AHach ACORD 101, Additional Remarks Schedule, if more space is required) IRVINE, CA, STANTEC PROJECT # 2073. RE: BICYCLE CORRIDOR IMPROVEMENT PROGRAM (BCIO). CITY OF NEWPORT BEACH, IT'S ELECTED OFFICIALS, OFFICERS, EMPLOYEES, VOLUNTEERS, NAMED AGENTS AND REPRESENTATIVES ARE ADDITIONAL INSUREDS AS RESPECTS TO GENERAL LIABILITY AND AUTO LIABILITY. PRIMARY & NON-CONTRIBUTING APPLIES PER POLICY FORMS, WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY. THE COVERAGE SHALL NOT BE CANCELLED OR NON RENEWED EXCEPT AFTER THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER AND ADDITIONAL INSUREDS. ENDORSEMENT # CG 20 10 07 04 AND #CA 20 40 07 97 ARE ATTACHED. CITY OF NEWPORT BEACH 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL06556026 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - 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 Organization(s): City of Newport Beach, it's elected officials, officers, employees, volunteers, named agents and representatives Location(s) Of Covered Operations: Bicycle Corridor Improvements Program (BCIO). 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"Caused, in whole or in part, by: i. Your acts or omissions; or 2, The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locations) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. f. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. NAMED INSURED: Stantec Inc. CONSULTANT INSURED: Stantec Consulting Services Inc. Attached to and forming part of Policy of the Zurich American Insurance Company. AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA Bnmch.file A [Work # CG 20 100704 POLICY NUMBER: BAP5940882 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies persons) 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. Named Insured: Stantec Inc. Consultant Insured: Stantec Consulting Services Inc, SCHEDULE: Name of Person or Organization: City of Newport Beach, It's elected officials, officers, employees, volunteers, named agents and representatives Each person or organization indicated above 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 II of the Coverage Form. Attached to and forming part of this Policy of ZURICH AMERICAN INSURANCE COMPANY AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA irvine.file Serial #f: 629 A I AUTO #CA 20 48 07 97 Additional Insured — Automatic — Owners, Lessees Or Contractors e ZURICH N�u THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A Section II —Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to 'bodily injury", "property damage" or personal and advertising injury" covered under Section t - Coverage A - Bodily Injury And Property Damage Liability and Section I - Coverage B - Personal And Advertising Injury Liability, but only with respect to liability for 'bodily injury", property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, and resulting directly from your ongoing operations or'your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement, performed for the additional insured parson or organization. C. However, regardless of the provisions of Paragraphs A and S. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a That Is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide limits of Insurance to any additional insured person or organization that exceed the lower of. a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily Injury", "property damage" or personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and Includes copyrighted material of Insurance Services Office, lw., with its permlasion. losmed Copy U -GL -1175-C CW (07) 10) Page 1 of 2 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy Issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. F. For the coverage provided by this endorsement 1. The following paragraph is added to Paragraph 4.a. of the Other insurance Condition of Section IV—Commercial General Liability Conditions; This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory with respect to any other policy upon which the additional insured is a Named Insured. in that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. Z The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same `occurrence" offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U -GL -1175.0 CW (07110) Includes copyrighted material of Insurance Services Office, Inc-, wi+h its permission. Page 2 of 2 insutedC py POLICY NUMBER: GL06556026 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ I CAREFULLY. ADDITIONAL. INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Petsopis) Or Orgaraaita ddi f City of Newport Beach, its elected officials, officers, amptoyeed, mom ars, named agents and represaniattves Lordamms) Of Covered Operations: Bicyda Corridor improvements Program {BCIO). Information rebu'rad to complete this Schedule, rf act sh oom above, will be shown in the Oedaretiest A. Section it- Who is An Insured is amended to include as an additional insured Mie parsoMs) or organiration(s) shown In the Schedule, but only with respect to liability tot,bodgy injury", "property damage' a "personal and advertising injury' caused, in whole or in part, by, 1. Your al or emissions; or 2. The acts 01 omissions of those acting on your behalf; in the performance of your ongoing operations for the additional from sets) at the location(s) designated above. S. Wath respect to the Insurance afforded to these additional Insureds, the following additional excluslons apply: This insurance does not apply to "bodity injury" or "property damage" attending after: 1. All work, including materials, parts or equipment furnished in Contraction with such work, on the project (other than service, maintenance a repairs) to be performed by of on behalf of the additional insured(s) at the location of the covered operations has been Completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. NAMED INSURED: Slanted Inc. CONSULTANT INSURED: Standee Consulting Services Inc, Attached to and forming part of Policy of the Zurich American Insurance Company. AON REED $TENHOUSE INC., AON RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA Branch.fr, A t Watt # CG 20100704 POLICYNUMBER: SAP5940882 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement medlfies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to Coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endomement This improvement idendfies pendants) or organizations) wfm are "insureds" under the Who is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Farm. This ondomament changes the policy effective on the inception date M the policy unless another date is indicated below. Named Insured: Sent. Inc. Consultant insured: Standee Consulting Services Inc. SCHEDULE: Name of Person or Organization: City of Newport Beach, it's elected officials, officers, employees, volunteers, named agents and represenadives Each person or orgeniedton repeated above is as 5nsurad' for Liability Coverage, hot only to the leader that person ar ag ndiz aon Anytime, as an "insured" under the Who Is An Insured provision contained in SECTION it of the Coverage Farm. Attached to and forming pan of this Policy of ZURICH AMERICAN INSURANCE COMPANY AON REED STENHOUSE INC. AGN RISK SERVICES CENTRAL, INC., EDMONTON, ALBERTA I"ma.file A I AUTO #CA 20 48 07 97 POLICY NUMBER: WC5940881 WORKERS COMPENSATION AND EMPLOYERS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARFFULLY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT SCHEDULE Name of Poison or Organization: City of Newport Beach, Its elected ofiolato, officers, employees, volunteers, named agents and representatives 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. (This agreement applies aniy to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirecdy to benefit anyone not named In the Schedule. NAMED INSURED Stam. I., CONSULTANT INSURED: Slam. Consu9ing Services fre, Attached to and forming part of this Policy of ZURICH AMERICAN INSURANCE COMPANY. AON REED STENHOUSE INC., AON RISK SERVICES CENTRAL, INC. EDMONTON, ALBERTA Branch.fide WAIVER CONTRACT #WC 000313 Serial #: 629