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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 Glumac Page 2 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. Glumac Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 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 Glumac Page 7 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 Glumac Page 8 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. Glumac Page 10 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] Glumac Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ( 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: