HomeMy WebLinkAboutC-5652 - PSA for Newport Beach Police Department HVAC Assessment5
i AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH GLUMAC FOR
NEWPORT BEACH POLICE DEPARTMENT HVAC ASSESSMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 10th day of June, 2014
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and GLUMAC, a California corporation
("Consultant'), whose address is 617 W. 7th Street, Suite 500, Los Angeles, CA 90017,
and is made with reference to the following:
RECITALS
A. On October 8, 2013, City and Consultant entered into a Professional Services
Agreement ("Agreement') for an assessment of the heating, ventilation, and air
condition ("HVAC') systems at the Newport Beach Police Department("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. 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 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 to the Agreement and Exhibit A to Amendment 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
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference.
Exhibit B to the Agreement and Exhibit B to Amendment One shall collectively be
known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Nineteen
Thousand Nine Hundred Sixty Dollars and 00/100 ($19,960.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Five Thousand Seven Dollars and 00/100 ($5,700.00).
4. 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]
Glumac 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 ATT RNEY'S OFFICE
Date:
By: JA
Aa o C. Harp
lk
City ttorney W
ATTEST:
Date: .
By:
PODW—
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipcorporation
Date:
By: -t
David A. Webb
Public Works Director
CONSULTANT: Glumac, a California
corporation
Date:
By:
Steve Carroll
Vice President
Date:
By:
Angela Sheehan
Chief Financial Officer
[END OF SIGNATURES]
Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Glumac Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT RNEY'S OFFICE
Date:
Harp
.&orney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California mynipal corporation
Date: /
David A. Webb
Public Works Director
CONSULTANT: Glumac, a California
corporation
Date: (o z I 1120( (�
By:-
Leilani I. Brown Steve Carroll
City Clerk Vice President
Dater �/Y
3
a Sheehan '
Financi I Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Glumac Page 3
EXHIBIT A
SCOPE OF SERVICE
The scope of services has increased beyond that defined in the original
agreement. The added scope shall include commissioning the 29 (twenty nine) rooftop
fan coil units to be replaced with direct replacement units. The new scope shall include
the following:
• Perform installation verification
• Develop Functional Testing Procedures
• Functional Testing of all 29 units and associated thermostats (up to 3
days)
• Track any deficiencies in the commissioning Issues Log
• Final Commissioning Report
Glumac Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
PROFESSIONAL FEES
City will be invoiced monthly as work is performed, based on the following fee structure:
Commissioning Services Total: Additional Services $5,500.00
REIMBURSABLES
In addition to the above fee, City will be invoiced for reimbursable expenses not to
exceed $200.
Glumac Page B-1
PROFESSIONAL SERVICES AGREEMENT
WITH GLUMAC FOR
NEWPORT BEACH POLICE DEPARTMENT HVAC ASSESSMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of October, 2013 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GLUMAC, a California corporation ("Consultant"), whose address is 617 W.
7th Street, Suite 500, Los Angeles, CA 90017, 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 conduct an assessment of the heating,
ventilation, and air condition ("HVAC") systems at the Newport Beach Police
Department ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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 December 30, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
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"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
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.
3.2 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) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fourteen
Thousand Two Hundred Sixty Dollars ($14,280.00), 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) calendar 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
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
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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 Steven Carroll 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 City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Principal Civil Engineer or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator 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 Consultanfs 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.
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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,
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,
attorneys' 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 attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
Glumac Page 4
civil service status or other right of employment shall accrue to Consultant 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 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 specked 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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
Glumac Page 5
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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.
17.3 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
Glumac Page 6
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.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically 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 (.tiff) 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.
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.
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,
20. INTELLECTUAL PROPERTY INDEMNITY
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.
�.7xtia7t�1~3
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
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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 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.
25. CONFLICTS OF INTEREST
25.1 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. NOTICES
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
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business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Fong Tse, Principal Civil Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Steven Carrol
Glumac
617 W. 7th Street, Suite 500
Los Angeles, CA 90017
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. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government 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 parry 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 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 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.
29.7 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.
29.8 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.
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29.9 Controlling Law and Venus. 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.
29.10 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.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 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]
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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: ( By:
Aaron C. Warp
City Attorney 101k
ATTEST: '�. I�.
Date: I
By:
Leilani I. Brown
City Clerk
U
J6:!.1F0VkT%
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1--1 7-13
IJA
By:
David A. Webb
Public Works Director
CONSULTANT: Glumac, a California
corporatio
Date:
B
Carroll
Vice President
Date: ///1
B / -
A gela Shee an
Ch' f Finan al Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Glumac Page 12
EXHIBIT A
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The Newport Beach Police Department is a 40 year old two-story building in
Newport Beach. The building houses the Newport Beach Police Department and is
comprised of general storage room, holding cells and locker rooms.
The indoor environmental conditions are served by 31 rooftop packaged gas and
electric air conditioning units. The units are approximately 20 years old and are near the
end of their life span. The units replaced the original rooftop units and were "like for like"
replacement around 20 years ago.
The units are controlled by local programmable thermostats; there is no central
building automation system.
The City has decided to replace the rooftop units with new, more efficient air
conditioning units. The building use has changed over the years and it is important that
the new units are capable of satisfying the current building ventilation and conditioning
requirements; therefore, there are two options under consideration:
1. Option 1 - "Like for Like" replacement. The units will be replaced with the
current model of the predecessor unit.
2. Option 2: Combining Like Zones. By combining several units with the same
design and requirement, the total number of units to replace is lower and results in an
increase of efficiency. First costs may also be decreased as well as life cycle costs.
Besides replacing the units due to the end of their serviceable life, the project has
other purposes as well:
• Verify that the HVAC systems satisfy the building's current requirements
• Improve the building performance by saving energy and reducing operational
costs
• Reduce or eliminate occupant complaints and increase occupant satisfaction
• Improve the indoor environmental comfort and quality and reduce associated
liability.
• Extend equipment life -cycle.
With either option, it is important to evaluate the current building systems and
operations to understand the current needs of the building and its occupants. To
property assess the building, Glumac will perform the following tasks
Glumac Page A-1
• Meet with the building facilities staff to ascertain the current building
operational requirements.
+ Perform a general assessment of the existing roof top units including but not
limited to:
o Perform airflow readings at supply and return diffusers throughout the
system.
o Fan/ Motor operational data (amperage, RPM's, static pressures, etc.)
• Survey the existing building spaces to determine the current cooling and
heating loads.
• Survey the existing ductwork to ensure the proper zoning of equipment
(confirming the "as -built" drawings provided by the facilities manager).
• Complete table for calculated current fresh air ventilation requirements
including demand ventilation opportunities for optimization of indoor air quality
and efficiency.
• Review current needs for building exhaust and/or relief to maintain proper
building pressure.
• Perform walk-through energy audit to list opportunities for reducing building
load and therefore equipment tonnages, first costs, and life cycle costs.
• Based on the survey results, evaluate HVAC loads in each space and
determine if a 'like for like" replacement will satisfy the current building
requirements.
• Based on the results of the ductwork survey, provide preliminary cost -benefit
analysis to rework the duct layout and reduce the amount of units installed on
the roof by combining like systems into single or multi -zone system.
+ Make recommendations for potential building and energy management
systems.
• Conduct a final meeting to review assessment report complete with data from
the above work and recommendations as to which option is most beneficial
for the City.
Review Assessment Report shall include at a minimum:
• Cover page
• Table of contents
• Executive summary
Glumac -..-
• Owner's operating requirements
• Low cost / no cost energy efficiency measures
• Air balance survey results
• Existing system zoning summary
• Data logger and thermal imaging result summaries and tables
• Ducting and zoning survey results
• Outside air ventilation tables
• Comparisons of current system versus necessary or proposed system(s)
• Proposed systems and zoning options
• Concluding summary of result and recommendation
• Appendices
ASSUMPTIONS
The following assumptions are made in the preparation of this proposal:
1. Digital photography is included with the reports in order to describe existing
conditions and identify O&M requirements
2. The work will be performed during normal business hours between 6:00 AM
and 6:00 PM.
3. Access to all necessary equipment and ductwork can be facilitated by O&M
representative.
4. O&M and owner representative will be present during meetings and site visits
EXCLUSIONS
The following are excluded from this scope of work:
1. Design and construction documents for use in bidding or construction.
2. Diagnosis and tools to diagnose internal HVAC equipment or technical issues.
3. Comprehensive test and air balance report.
4. Energy modeling.
Glumac Page A-3
EXHIBIT B
SCHEDULE OF BILLING RATES
PROFESSIONAL FEES
City will be invoiced monthly as work is performed, based on the following fee structure:
Commissioning Services Total: HVAC Assessment $12,400.00
REIMBURSABLES
In addition to the above fee, City will be invoiced for reimbursable expenses plus a 10%
reimbursable mark-up fee not to exceed a total of $1860. Reimbursable expenses
include air travel, mileage, rental car, lodging and per diem, CAD plots (at City's
blueprint service provider's rates), printing (at FedEx Office rates) and messenger
service.
Glumac Page B-1
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class Vit (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Glumac Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Glumac Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. 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.
Glumac 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: 11/13/13
Dept./Contact Received From: Vladimir
Date Completed: 11/24/13 Sent to: Vladimir
Company/Person required to have certificate:
Type of contract:
By: _
Glumac
All Others
Chris
L GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14
its officers, officials, employees and volunteers): Is it
A.
INSURANCE COMPANY: RLI Insurance Company
included?
B.
AM BEST RATING (A-: VII or greater): A+:Xl
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
C.
ADMITTED Company (Must be California Admitted):
included): Is it included?
IE Yes
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes
include): Is it included? (completed Operations status does
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes
❑ No
1. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
IE Yes
❑ No
J. CAUTIONI (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes
®No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes
❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/1/13-11/1/14
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater) A+:XI
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 $504,000
UM, $2M min for Waste Haulers): What is limits provided? 1,000 000
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?) N/A _
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only): ® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION: ❑ NIA 0 Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11/1113-11/1/14
A. INSURANCE COMPANY: RLI Insurance Company
B. AM BEST RATING (A-: VII or greater): A+:XI
C. ADMITTED Company (Must be California Admitted): ®Yes ❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
11/14/13
Date
1,000 ,000
►.1 Yes ■
►Z ■ Yes ■
■►.q Yes ■ IN
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
24■ ■
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
GLUMAGO-01 ROSEM
.ACORLl°DATE
CERTIFICATE OF LIABILITY INSURANCE
(MWDD YYWI
1111312013
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(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of thepolicy, certain policies may require an endorsement. A statement bre this certificate does not confer Tights to the
certificate holder in lieu of such endomement(s).
PRODUCER LicenBe#OE67768
IDA Insurance Services -SD
4350 La Jolla Village Drive, Suite 900
San Diego, CA 92122
CONTA
NAME: All Smith
PHONE (619) 574-6220 AX. Not: (619) 574-6288
.etc No Ea
aooREss: El
INSURERS) AFFORDINGCOVERAGE NAICf
INSURER A : RLI Insurance Com parry 13056
INSURED
Glumac
617 W. 7th St., 5th Floor
Los Angeles, CA 90017
INSURERS: Starr Surplus- Lines insurance Company 13604
INSURER C :
iNSURERD :
INSURERS:
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO .CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTH E. INSURED NAMED ABOVE FOR TH.E POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICHTH IS
CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS.
LTR.
TYPE OF INSURANCE
INSR
WVD
POLICY NUMBER
MID
(MM0
LIMBS
Newport Beach CA 92660
GENERAL LIABILITY1,000,000
FACH OCCURRENCE $
A
X COMMERCIAL GENERPL urd31[nY
X
P360003114
N!1l2013
1111/2014
PREMISES (Ed ocaarrencel $ 1,000,000
MED EXP (Any one person) $ 10,000
CLAMS MADE .00CUR
PERSONAL&ADV INJURY $ 1,000,000
X Contractual Llab.
X Ded.: $0
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE L MIT APPLIES PER:
PRODUCTS -COMPIOP. AGG 8 2,000,000
$
POLICYFX PRO- LOC
AUTOMOBILE LIABILITY
BINED SINGLE LIMIT
Ea accident $ 1,000,006
BODILY INJURY(Perpamor) $
A
X ANY. AUTO
PSAOOOI149
11/112013
11,!2014
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIREDAUTOS AUTOS
BODILY INJURY (Per accident) $
PER ACCIDENT $
$
X Comp. $500 X Coll. $1,000
X UMBRELLA LIAB
X OCCUR
EACH OCCURRENCE $ 5,000,000
AGGREGATE $
A
EXCESS LIAB
CLAIMSMADE
PSE0001171
1111/2013
11/1/2014
DED I I RETENTION $
ggregate $
A
WORKERS COMPENSATION
AND EMPLOYERTUABILITY
ANY PROPRIETORPARTNERIEXECUTIVEY/N
OFFICERRA9EMBER EXCLUDED?
(Mandatory In NH)
NIA
X
PSW0001647
1111/2013
1111/2014
X WCYSTATU- ER
TOR LIMBS ER
EL. EACH ACCIDENT Is 1,000,000
E.LDISEASE-EA EMPLOYEE $ 1,000,000
ELDISEASE -POLICY LIMI $ 1,000,000
IFyaSdescribe under
DESCRIPTION OF OPERATIONS below
B
Prof Llab/Clms Made
LSLPR026232713
8!12013
81112014
Per Claim 2,000,000
B
Ded.: $250K Per Clam
LSLPR026232713
8/1/2013
6112014
Aggregate. 2,000,000
DESCR "GN OF OPERATIONS I LOCATIONS 1 VEHCLES (Attach ACORD 101, Addalonal Remarks Schedule, If more space Is required)
Re: Newport Beach Civic Center and Park Project - Commissioning Services
C.W. Driver, City of Newport Beach, its officers, agents, employees and volunteers are Additional Insured's with respect to General Liability per the allached
endorsement as required by written contract. Wavier of Subrogation applies to Workers Compensation in favor of the Additional Insureds.
30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
0) 1988-2010 ACORD CORPORATION.. All rights. reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of NewportBeach
100 Civic Center Drl ve
Newport Beach CA 92660
0) 1988-2010 ACORD CORPORATION.. All rights. reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Named Insured: aumac RLI Insurance Company
Policy Number: PSB0003114
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following'
BUSINESSOWNERS COVERAGE FORM - SECTION II— LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury' caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you, or
c. In connection with "your work" and included
within the "product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy 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 additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs after you have
entered into that contract or agreement; of
b. The personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us - COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION 11 -
LIABILITY)
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 and advertising injury" arising
out of 'your work' performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury' or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 06 10 Page 'I of 1
Named Insured: Gumac Policy Number: PSW0001647
WORIKERS'COMPENSATIQN AND EMPLOYERS. LIABILITY INSURAMCPIPOLIPY
WAIVER OF OUR RIGHT TO RECOVER FR, OM OTHERS ENDORSEMENT -CALIFORNIA:
the right to
WqQ4 P US
bythis policy . We will Ifiptanforce.olur right
.
only to,the extent that you perform work
u I nder awfitten contract that requires youlo obtain this agreement from Us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
desoribed,in the Schedule.
The additional premium for this.endorse.ment shall be % of JK6 Califomia,.wizrkers'pomlaeneabon premium bthe6Wise due
on such remuneration.
Schedule
Person or organization job Description
All persons or organizations that are party to a contract that Jobs performed for an person or organization
requires you to'obtain this agreement, Provided you that you,have agreed with in a written contract
executed the contract before the loss to provide this agreement
GLUMACD-01 ROSEM
CERTIFICATE OF LIABILITY INSURANCE
1 1 1312 3'
THIS CERTIFICATE YS 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(les) 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 License # OE67768
IDA Insurance SerVICaS-SD
4350 La Jolla Villa a Drive, Suite 900
San Diego, CA 9212
NAMEAll Smith
PHONE —�
(Ac. Na Sze: (6t S) 5746220 Ac (619) 574-6288
ADDRESS: Ali.Smiitt ioausa,com
A
a1SIetER{SI AFFORDING CDVERk Cf NAIL#"
INSURER A : RLI Insurance Company 13056
PREMISES En atturr�ce
INSURED
INSURER 6;Starr SurplusLinesInsuranc CCompany 13604
__.
INSURER C :
Glumac
INSURERD:
617 W. 7th St., 5th Floor
Los Angeles, CA 90017
INSURERE
.................................
INRER F
SU
X Contractual Liab.
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES. OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTH E INSURED NAMED ABOVE FORTH E POLICY PERIOD
INDICATED. NOTNATH STANDING ANY REQUIREMENT; TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE IrygR y{yp
— POLICY EFF POLICY ESP
POLICY NUMBER MMAXVYYYYIMMME
.
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE.
If 1,000,000
A
X COMiMERCIAI.GENERALLiABLRY X X
PSB0003114 1111/2013 11111120141,000,000
PREMISES En atturr�ce
$
CLAIMS-MhOE I (OCCUR
MED EXP l" or,a parson)
$ 10,000
PERSONAL &ADV INJJRY
$ 1,000,000
X Contractual Liab.
X Dad.: $0
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/CPAGG
$ 2,000,000
GENT AGGREGALEUMIT APPLIES PER
POLICYFX-1PR LOC
$
AUTOMOBILE LIABILITYO
BINE SINGLE LIMIT
$ 1,000,000
BODILY INJIURY(Perperson)
$ _._.
A
X ANvwro X
SAOD01149 1111/2013 191112014
AIL OWNED SCHEDULED
AUTOS AUTOS
HIREDAUTOS AUTOSED
(PeracagerR)
TMPERBODILFIT-Y
PER ACCIDENT Y
$
s_._...�
X Com $500 X Coli. $1,000
X UMBRELLA UAB X
OCCUR
EACH OCCURRENCE
$ 5,000,000
A
EXCESS LIAR
CLAIaiSMADE
PSE0001171 111912013 111112014
AGGREGATE
$
DEC) I RETEWI
Ngregate
$
A
WORNERSCOMPENSATION
ANDEMPLOYERS'LIABILITY
ANY PROPRIETORPARTNEWEXECUTIVE/jN X
OLFI MRAMEMBE.R EXCLUDED? NIA
(Mandatory lnNIB
PSWOOOIS47 111112013 11/1/2014
X I NY5TATU- OTH-
TORY LIMRS ER
ELEACHACCIDENT
Is 1,000,00
EL_DISEASE -EA EMPLOYE
$ 1,000,000
IN s.descnbe wide,
DE SCRIPTION OF OPERATIONS be.
EL. DISEASE -POLICY LIMB
$ 1,000,000
B
Prof Liab/Cams Made
LSLPR026232713 9/1/2013 R/112014
Per Claim _� 2,000,000
B
Dad,: $250K Par Clam
._AAAA
LSLPR026232713 811/2413 SM12014
Aggregate. 2,000,000
._ __...............
DESCRIPTION OF OPERATIONS I LOCATIONS I VEIHCLES (Attach ACORD 101, AddOanal Remarks Schedule, If more ¢pace Is required)
Re: NEWPORT BEACH LIBRARY _ RETRO -COMMISSIONING SERVICES
The City of New port Beach, its officers, agents, employees and Volunteers am Additional Insured's with respect to General and Auto Liability per the attached
endorsements as required by written contract. Wavier of Subrogation applies to General Liability and Workers Compensation.
30 Days Notice of Caneeilationwithe 10 Days Notice for Non-Paymant of Premien in accordance with the policy provisions.
City of Newport Beach
Public Works Department
100 CIVIC Center Drive
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZE `D / REPRESENTATIVE
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
Named Insured; Giumac RLI Insurance Company
Policy Number: PSB00031114
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack° FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
1. G. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", "property damage" or "personal and
advertising injury' caused in whole or In part by you
or those acting on your behalf;
a. In the performance of your ongoing operations;
b. In connection with premises owned by or recited
to you; or
c. in connection with "your work' and included
within the product completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
3. The following is added to SECTION III H.2. Other
Insurance COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION 11 —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy 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 additional insured as.a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage' for
which coverage is sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II —
LIABILITY)
We waive any rights of recovery we may have
against any person or organization because of
payments we make for 'idly injury', "property
damage" or "personal and advertising injury" arising
out of 'your work" performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage' occurs, or the "personal
and advertising injury" offense is committed:
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
RPB 304 0610 Page 1 of 1
Named Insured: Gumac Policy Number: PSA0001 149
This bnc(&se06ht`,,e6difJes insurance Peovided,dridertho fd]16wnot
BUSINESS AUTO COVERAGEFORM.
A. Broad F6rrn:Nam6d Insured
The. following is added to the SECTION 11 -
LIABILITY Coverage, Paragraph AA. Who Is An
Insured , Provision:
Any business.entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50.%) or moreof rthe,business entity and the
business entity .is not separately insured for
Business Auto Coverage. Coverage is extended up
to a maximum of one hundred eighty (180) days
followingthe acquisition .ar formation of the business
entity -
This provision does not apply to any person or
organization for which coverage is excluded by,
endorsement,
B. Employees As Insureds
Tho, following is added to the SECTION- 11 -
LIABILITY . I 60VIiRA,
qE, paragraph A.1. Who Is An
Insured Provision:
Any "employea"Lof you
is an "risu red';while using
a covered
. alftd,' youd9rYt own, hire or borrow in
your tusness or your personal affairs:,
C. BlAnkqtAirlditional insured
The following is� added to the SECTION 11 -
LIABILITY COVERAGE, I Paragraph A.t*hoIv An
Insured Provision:
Any person or organ(zf afforf that you -,are required to
include as an additional 'Insured on this coverage
form in a contract or agreement that Is executed by
you before the "bodily injury. or "property dom8gW'
occurs is an "insured' for liahNi lty coverage, but only
for damages to which this insurance applies and
as an "'insured" under the, Who Is An
wovision contained Jn SECTION 11 -
Theinsurance provided to the Additionalinsur6d will
be on primary and non-oontributory basis to the
additional insureds own business auto coverage if
you are required to do so in a contract or agrepment
that is executed by you before the "bodily injury" or
.Property damage" occurs:
D. Blanket Waiver Of Subrogotloo
The following is added to the SECTION IV -
BUSINESS AUTO CONDITIONS, A. Lots
Conditions, S. Transfer Of Rights Of Recovery
AgAinst Otheirs To Us:
PPA 300 0311
We waive any right of re6overyWo may have against
any 1- persdri,or organization to the extent f6iquire'd of
yd6,1by a corilrdefeXecuted prior to any 1�acciceht'+ or
.Ibss`j or I c . Vide I d "that the "accidebr or alostP arises
out of theoP;etziborisb6nttnplatbd-by'stich connect.
The Waiver applies only to :the polraoh or
E. Employee Hired Autos
I., The following is added to the SECTION 11 -,
LIABILITY COVERAGE, Paragraph A.I. Who
Is An insured Provision:
An "employee" of yours is an "insured" while
operating :an "auto' hired or rented under a
contract or agreement in that "employee' P
name, with -your permission, while performing
duties relatedlo the conduct, of ,your business.
2. Changes In GeneratConditionsi
Paragraph G.b. of the Other :Insurance
Condition in the BUSINESS AUTO
CONDITIONS Is deleted and replaced with the
foltown-a-
b. For Hired kdo,Physlpal, Damage, Coverage,
the following are deemed to be covered
"autos" you own:
(I) Any -covered "auto" you lease, hire, rent
or borrow, and
'(2) 'Any covered auto" hired or
your'iomIptoyoeh under a cont
d -to the conduct of your b
,ver, any= ','auf that is
rented or bprrqWedWfth a
covered"auto".
F,, FpI low Employee Coverage
SECTION 11 - LIABILITY;COVERAGE, Exclusion
B.S. does not apply if you, have workers
compensation insurance in4orce.covering all of your
employees -
G. Atito Loan Lease Gap Coverage
SECTION III - PHYSICAL DAMAGE COVERAGE,
'C. Limit Of Insurance, is amended by the addition
of thelfollowing:
In the event of a total "losV' to a covered "'auto""
shown in the Schedule of.Declarations, we will pay
any unpaid amount duo on th0, loose or Than for a
covered "auto'; less:
Named Insured: Gumac Policy Number: PSW00611647
WORKERS' COMPENSATION AND EMPLOYERSILIABILITY IU§URANCE. POLICY
WAIVER OF OUR RIGHT TQ,REQ0VER FROM OTHERS ENDORSEMENT–CALWORNIA,
We have the right to recover our 0aymeqtsfrom
against1he person or organization named in the
WG,,04 013IZ6
under swritten c6ntract.that requires you to obtain this agreernent'frorn us,)
You must maintain payroll records aqcuraWy segregating the remuneration of your employees while engaged inthe work
des'd1rilbeclin the Schedule.
The additional premium for this endorsement shall be —% ofthe Calif6rnia.workers' compensabon prernium.otherMse due
on such remuneration.
Schedule
Person or Organization job.bescription
All persons or organizations that are:party to a contract that jobs performed for an person or organization
requires you to obtain this agreement, provided you that yb u have agreed,with in a written contract
executed the contract before the loss to:provide t1his-agreement
GLUMACO-01 ROSEM
A CERTIFICATE OF LIABILITY INSURANCE ° 1111312013
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($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an` ADDITIONAL. INSURED, the policy(les) must be endorsed. Jf 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,. License#OE67768
IDA insurance Services -SD.
4350 La Jolla Village Drive, Suite 900
San. Diego, CA 92122
NONNTACTE: T All Smith
" Ezt : (619) 574-6220 uc aa_ i, (s1 s) 574-6288
ATE
ms: AIi.Smith(pioausaxorn
@#URER(S}AFFORDING COVERA [� NAIC#
IN3URER A : RLI Insurance Company 13656
_
j INSURED
INSURERS: Starr Surplus Lines insurance Company 113604
INSURER C :
Glumac
INSURER D:
617 W. 7th Sl:, 5th Floor
Los Angeles, CA 90017
INSURER E
INSURER F :
PERSONAL &ADV IN.URY
.COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH E POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
M11
TR
..TYPE Or INSURANCE
-1 -
ADOLSUOR
MSR VIVO
.POLICY NUMBER M10GbYYi^Y
POLI
MMIDDIYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
X COMMERCIAL GENERa1 LIASLFY
C44IMS-M40E IF I OCCUR
X -X
PS80003114 111112013
-
11t1t20141,000,000
PREMISS Ea U2�trenca3
MEDEY,P(Anyomp o,on)
$
It 10,000
PERSONAL &ADV IN.URY
$ 1,060,000
X Contractual Liab.
X
Ded.: $0
GENERALAGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGO
$ m 2.000.000
QP-OLPRO-T
ICY X -CLOC
........._
$
AUTOMOBILE LIABILITY
GL LMI.
(Ea aaident)
$ 1,000,000
A
X ANY: ALTO
PSAOUOI149 11/1/2013
1111/2014
BODILY INJURY (Per person)
$
ALL OANEDSCHEEDULED
BOD_ILV IN,URY (PeraxidgMj
$
HIRED.^�UTOS NON-OriNED
-AUTOS
PER ACCIDENT
$
X Comp. $500 X Coll. $1;000
$
R X
)( UMBRELLA�RETEWON$
OCCUR
EACH OCCURRENCE
$ 5,000.000
AGGREGATE
$
A
EXCESSD
ciAiA+ CE
SE0001171 111112013
111112014
DED
Aggregate
$
A
WORKERS COMPENSATION
ANDEMPLOVERS"UA6ILITY
ANY PROPEETORfl1RTNERrE>ECUTIE YIN
OFFICERIMEMEER EXCLUDED? �
(MandatorylnNm
NfA X
PSWOODf 64t 1111/2013
111172014
X VYC STATU- H-
TORYLIMIT5 ER
E.L.EACH exDENT
$ 1,000,000
... .-
EL. DISEASE EA EMPLOYEE$
1,000,000
Ifn s, dosoibo undo,
DE SCRIP HoN OP OPERATIONS below
E. L. DISEASE -POLICY LIMB
$ 1,000,000
B
Prof Liab/Clms Made
LSLPR026232713 8/112013
8!1!2014
Per Claim _ 2,000,000
B
Ded.: $250K Per Clam
SLSLPR026232713 8/112013
8/112014
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Re: Newport Beach Central Library Retro -Commissioning to make the building systems (HVAC, etc.) run more efficiently
City of Newport Beach & Newport Beach Central Library, its officers, agents, employees arta volunteers are Additional Insured's with respect to General and
Auto Liability par the attached endorsemal as required by written contract. Insurance is Primary and Non -Contributory. Wavier of Subrogation applies 10
GeiveraltArao Liability and Workers Compensation.
3D Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION. DATE THEREOF, NOTICE WILL BE DEUVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach & Newport Beach Central Library AUTHORIZED REPRESENTATIVE
Public Works
100 Civic Center Drive oh
(Newport Beach, CA 92660
0-1-986-2010 ACORD CORPORATION.
ACORD 25 (2014105) The ACORO name and logo are registered marks of ACORD
Named Insured Glumac RLI insurance Company
Policy Number: P$B0003114
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPaak° FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM - SECTION 11— LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an :additional insured any person or organization that
you agree in a contract or agreement 'requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury", 'property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf'.
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you; or
c. in connection with "your work" and included
within the 'product completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
8. The following is added to SECTION III H.2. Other
Insurance - COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION It —
LIABILITY)
However, if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy 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 additional insured as a named insured,
and we will not share with that other insurance,
provided that:
a. The "bodily injury" or "property damage for
which coverage is sought occurs afteryou have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others' to
Us — COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION 11 —
LIABILITY)
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 and advertising injury" arising
out of 'your world' performed by you, or on your
behalf, under a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the "bodily
injury" or "property damage occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 06 10 Page 1 of 1
Named Insured: Gumac Policy Number: PSA0001 149
This insurance prWded:dridefthd fbllcwing-
BUSINESS AQTOCOVERAGEFORM
A. Broad Ficifim Named Insured
The 'following is, added to the SECTION- 11 —
LIABILITY Coverage, Paragraph AA. •Who Is An
Insured Provision:
Any businessentiiy newly acquired or formed by you
during the policy -period, provided you ownfifty
percent (50%):or more of—the—'business entity and the
business entity Js not separately insured for
Business Auto,Coverag ' e. Coverage is extended up
to a maximum of one hundred eighty (180) days
followingthe acquisition orformationlrof the business
entity,
This provision ;does not a ' piply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION 11 —
LIABILITY COVERAGE; Paragraph A.11. Who Is An
Insured Provision:
Any "employee'' of yours is an "insured" while using
a, covered "alit#' you,,dont own, hire or borrow in
your business or your personal affairs.
C. BlenkietAdditiona,l Insured
The following ollowing is, -added to the SECTION 11 —
LIABILITY A
LAPICOVERAGE, Paragraph -1 A.WhoAsAn
Insured Provirlom
Any person or organization that youare required to
include as an additional ,insured -on this coverage
form in a contract or agreement that isexecuted, by
you before the '-bodily injury" or "property damage"
occurs is an "insured" for liability opverage,,bqt only
for itarrisig" to which this insurance applies and
only to the extent that person or organization
qualifiesas an "insured" under the, Who Is An
Insured provision contained in SECTION. 11
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
additional insureds own business auto coverage if
you are -required to do so in a contract or agreement
that is executed by you before the 'bodily injury" or
"property damage" occurs.
D. Blanket Waiver Of Subronation
The following is added, to the SECTION IV —
BUSINESS AUTO CONDITIONS, A. Loss
Conditions, S. TransferL Of Rights Of Recovery
.Against Others To Us:
66 A
WeW6iVe any right of recouery`we` inay have again sf
any I person on organization to the extent required of
yout,by a contract executed , prior .- bot any , "accident" or
'floss", provided 'that the "accident" or "loss" arises
buittif theoperationsbbritemblabad'by suohcontract.
The'Waiver applies only to the person or
orgahizaboh,designated in such contract
E. Employee Hired Autos
1, The following is added to the SECTION 11
LIABILITY COVERAGE, Paragraph A.I. Who
Is An Insured Provision:
An "employee" of yours is ^an "insured" while
operating an "auto" hired or rented: under a
contractor agreement in that "employee's!'
name-, with your permission; while performing
duties related to the conduct of your business.
I Changes in General Oondibons>
Paragraph S.Id. of the-, Other insurance
Condition in the SUSWtSt� AUTO
CONDITIONS
NS is deleted and replaced with the
following:
b. For Hired Auto Physical Damage, Coverage,
the following are deemed to be covered
"Aulos"you own:
(1) Any covered "auto" you lease, hilrej narit
or borrow, and
(2) Any -covered "auto" hired or rented by
your '""employee" under a contractih that
individual "employee's�',narpa, with your
ver, any
rented or
F, Fellow, Employee Coverage
SECTION 11 LIABILITY COVERAGE, Oxqlusion
B.S. does not apply if you 'have workers
compensation insurance In-force.covering all of your
-employees.
G. Auto Loan Lease Gap Coverage
SECTION III — PHYSICAL DAMAGE COVERAGE,
G. Limit Of Insurance, is amended by the addition
of the follcwihg:
In the event of a total "lots" to a covered 'auto"
shown in the Schedule of Declarations, we will pay
any unpaid amount due on the lease or loan for a
covered "auto". less:
Named Insured: Gumac Policy Number: PSW0001647
WORKERS' COMPENSATION AND EMPLOYERS'LlABILITY IR§URANCq POLICY
WAIVER OF OUR RIGHT TQ.RECPYER FROM OTHERS ENDORSEMENT—CALIFORNIA;
WC 04 03 06
We have the right to recover ourpaymots from amyp np liable for an injury covered by.thispolity. Wd Will not enforce our right
- -'
against the person or organization named in the scliedu le. (This agreement applies only to the extent that you perform work
under a written.contract that requires you to obtain this agreement from us.)
You must maintain payroll records aqcu rately seg regating the remuneration of your employees while engagedin the work
described in the Schedule.
The addi6onal premium for-thi& endorsernent s -hall be % of the California wQrkers'Qom pqnsation premium otherwise d ue
on such remuneration.
Schedule
Person nor Organization Job Description
AK persons or organizations -that are party to a contract that Jobs performed for an person or organization
requires you to obtain this agreement, provided you that you have agreed with in a Written contract
executed the contract before the logs: to provide this agreement
«r a
CERTIFICATE OF LIABILITY INSURANCE °"1111310TE 13
111t 3t2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT. AFFIRMATIVELY OR NEGA-TIVELY 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 policyties) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,
OE67768
is -SD
hive, Suite 900
Glumac
617 W. 7th St, 5th Floor
Los Angeles, CA 90017
COVERAGES
CERTIFICATE
may require an endorsement. A statement onthis certificate does not confer rights
All
Insurance
REVISION NUMBER:
NAIL s
TH IS IS TO CERTIFY THAT TH E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY R EQU IR EMENT, TERM OR CON DATION OF ANY CONTRACT OR OTH ER DOCUMENT WITH RESPECT TO WH ICH TH IS
CERTIFICATE. MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND.CCNDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE INSR Y2V6
POLICY NUMBER
POLICY EFF
MID
POLIO YEXP
LIMITS
GENERAL LIABILITY
_
EACH O=RRENCE
$ 1,000,0
A
X COMMERCIAL GENERAL LIABLITY X
PS60003114
1171/2013
111172019
PREMISES Eaocwnenca
$ 1,000,000
CLAIMS -MADE L^J OCCUR
MEDEAP.(ArgwePencn)
$.�_ ........ loco
X Contractual Liab.
PERSONAL&ADV INUIRY
$ 1,000,000
X 6ed-$0
GENERAL AGGREGATE
$ 2,000,000
GEM. AGGREGATE LIMIT APPLIES PER
PRODUCTS-COMPIOPAGG
$ 2,000,000
POLICY X pRCTLOC
$
AUTOMOBILE LIABILITY
COMBINEDSINGLE IMI.
$ 1,000,000
BODILY IN.URY(Perperson)
$
A
X ANY AUTO
PSA0001149
11/112013
11/112014
ALL OS SULED.
PJJTOAUCHEDTOS
BODILY' IN,.URY(Per eccident)
$ J J
HIREUAUTOS AUTOS EU
PER ACCIDENT
_
$
X Comp. 5500 X Coll. $1;000
$
_
X UMBRELLA LIAR
__
X OCCUR
-
---
EACH OCCURRENCE
$ 5,000,000
A
EXCESSLIAS
CLAMSMADE
PSEO001171
111/2013
111172014
AGGREGATE
$_
DED RETENTION$
IAggregate
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITYY/N
ANY PROPRIETOR ARTNERIEXECUTIVE
rPX
OFFICERIMEMBER EXCLUDED? NIA
(Mandatory In NH)
PSWOOD1647
11I112043
11/1/2014
X Y+'C STATtf- OTH-
TORY titdRG ER
__
ET_ EACH ACCIDENT $ 1,000,00
E I.. DISEASE -EA EMPLOYEE IF 1,000,000
s. dasatbe under
As.
DESCR IPT IO N01OPERATIONSbel.
L � 1,000,000
E. I. DISEASE -POLICY LIMIT $
B
Prof Llab/Clms Made
SLSLPRO26232713
8/1/2013
WI 12014
Per Claim 2,000,000
B
Ded.: $250K Per Clam
SLSLPR026232713
8/1/2013
811/2014
Aggregate. 2,000,000
u
DESCWFTIONOF OPERATIONS I LOCATIONS tVEHCLES (Aaach ACORD101,Addltional Remarks Schedule, Sereapace lorequl1.40
Re; All Operations
City of Newport Beach its officers, officials, employees and volunteers are Additional Insured a with respect to General Liability per the attached endorsement
as required by written contract. Insurance is Primary and Non -Contributory. Wavier of Subrogation applies to Workers Compensation
30 Days Notice of Cancel ation with 10 Days Notice for Nm -Payment of Premien in accordance with the policy provisions.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Newport Beach Its officers, officials, employees and AUTHORIZED REPRESENTATIVE
volunteers
Civic Center Drive --T-
100 s ley, w1,.6i>/ -QSL
„�,tlew7rort Beach, -CA 92660 _�'_
fl 1988-2010 ACOR
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
CORPORATION. All rights reserved.
Named Insured: sumac RLI Insurance Company
Pollcy Number. PSBOD03114
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® FOR DESIGN PROFESSIONALS
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided underthe following.
BUSINESSOWNERS COVERAGE FORM- SECTION II- LIABILITY
1. C. WHO IS AN INSURED is amended to include as
an additional insured any person or organization that
you agree in a contract or agreement 'requiring
insurance to include as an additional insured on this
policy, but only with respect to liability for "bodily
injury, "property damage" or "personal and
advertising injury" caused in whole or in part by you
or those acting on your behalf:
a. In the performance of your ongoing operations;
b. In connection with premises owned by or rented
to you, or
c. In connection with "your work" and included
within the product -completed operations
hazard".
2. The insurance provided to the additional insured by
this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which coverage
as an additional insured specifically is added by
another endorsement to this policy.
b. This insurance does not apply to the rendering
of or failure to render any "professional
services".
c. This endorsement does not increase any of the
limits of insurance stated in D. Liability And
Medical Expenses Limits of Insurance.
8. The following is added to SECTION III H.2. Other
Insurance COMMON POLICY CONDITIONS
(BUT APPLICABLE ONLY TO SECTION II -
LIABILITY)
However; if you specifically agree in a contract or
agreement that the insurance provided to an
additional insured under this policy 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 additional insured as.a named insured,
and we will not share with that other insurance,
provided that:
a. The 'bodily injury" or "property damage for
which coverage is ;sought occurs after you have
entered into that contract or agreement; or
b. The "personal and advertising injury" for which
coverage is sought arises out of an offense
committed after you have entered into that
contract or agreement.
4. The following is added to SECTION III K. 2.
Transfer of Rights of Recovery Against Others to
Us - COMMON POLICY CONDITIONS (BUT
APPLICABLE TO ONLY TO SECTION II -
LIABILITY)
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 and advertising injury" arising
out of 'your worlf' performed by you, or on your
Behalf, under :a contract or agreement with that
person or organization. We waive these rights only
where you have agreed to do so as part of a
contract or agreement with such person or
organization entered into by you before the"bodily
injury' or "property damage" occurs, or the "personal
and advertising injury" offense is committed.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.
PPB 304 06 10 Page 1 of 1
Named Insured: Gumac Plolicy Number: PSWO001647
WORKERS' COMPENSATION AND EMPLOYERS -LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
the right to recover
anyone liable for an i
Schedule. (This agre
WC 04 03O6
under a 'written contract that:requires youAo,obtain this agreement from jus.)
You must maintain payroll records:accurately segregating theremunerabon of your employees while engaged in the work
described in the Schedule.
The additional premium for this�endorsement shall be —% of the California workers'. compQnsationpremiurn otherwise due
on such remuneration.
Person or Organization
All persons or organizations that are party to a contract that
r6quir6s you to obtain this agreement, provided you-
executed
ouexecuted the contract before the loss
Schedule
J , ob Description
Jobs performed foran person or:organization
that you have agreed.with in awritten contract
to provide th[s-agreemem: