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HomeMy WebLinkAboutC-6041 - On-Call M/RSA for As-Needed Water Meter Installation and Replacement ServicesJ ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH FERGUSON ENTERPRISES, INC. DBA FERGUSON WATERWORKS METER & AUTOMATION GROUP FOR AS -NEEDED WATER METER INSTALLATION AND REPLACEMENT SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 10th day of February, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and FERGUSON ENTERPRISES, INC. DBA FERGUSON WATERWORKS METER & AUTOMATION GROUP, a Virginia corporation ("Contractor"), whose address is 1694 91st Avenue NE, Blaine, Minnesota 55449, 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 Contractor to perform on-call maintenance and/or repair services for City ("Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance andlor repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: L� The term of this Agreement shall commence on the Effective Date, and shall terminate on February 29, 2020, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work'). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, 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, Contractor shall not be responsible for delays due to causes beyond Contractor'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 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) 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 Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Nine Hundred Twenty Thousand Dollars and 001100 ($920,000.00), without prior written amendment to the Agreement. Ferguson Waterworks Meter & Automation Group Page 2 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index, subject to the maximum adjustment set forth below. Such adjustment shall be made by multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the value of the Consumer Price Index for the calendar month three (3) months preceding the calendar month for which such adjustment is to be made, and the denominator of which is the value of the Consumer Price Index for the same calendar month immediately prior to Effective Date. The Consumer Price Index to be used in such calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics. If both an official index and one or more unofficial indices are published, the official index shall be used. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new index. In no event, however, shall the amount payable under this Agreement be reduced below the Billing Rates in effect immediately preceding such adjustment. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in effect immediately preceding such adjustment, whichever is less. 4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee 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 Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.5 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Contractor 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. Contractor has designated Wesley Hughes (319) 631-3174 to be its Project Manager and Ryan Harris to be its Project Supervisor. Contractor 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 Ferguson Waterworks Meter & Automation Group Page 3 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 Contractor, 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. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Water System Services Supervisor 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 Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, 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 Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 8.3 Contractor 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 Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor 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 Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. Ferguson Waterworks Meter & Automation Group Page 4 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor 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 from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of 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 Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Ferguson Waterworks Meter & Automation Group Page 5 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor 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 Contractor on the Project. 12. CITY POLICY Contractor 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 Contractor 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 Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and Ferguson Waterworks Meter & Automation Group Page 6 overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16. 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 Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor 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. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, 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 Contractor or Ferguson Waterworks Meter & Automation Group Page 7 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 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. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor 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. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 23, CONFLICTS OF INTEREST 23.1 Contractor 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. 23.2 If subject to the Act, Contractor 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. Contractor shall indemnify and hold harmless Ferguson Waterworks Meter & Automation Group Page 8 City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Water System Services Supervisor Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Brian Rollins Ferguson Enterprises, Inc. DBA Ferguson Waterworks Meter & Automation Group 1694 91 st Avenue NE Blaine, MN 55449 25. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor'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 Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 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 Ferguson Waterworks Meter & Automation Group Page 9 assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 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 Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor 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. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act (" FLSK) (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor 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 Contractor 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. 28.3 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 Ferguson Waterworks Meter & Automation Group Page 10 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 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. 28.5 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. 28.6 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. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 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. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor 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. 28.11 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. 28.12 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] Ferguson Waterworks Meter & Automation Group Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN 'S OFFICE Date: 0 Aaron C. Harp (AM oQjh)Is City Attorney ATTEST: � Date: Leilani I. Brown City Clerk-.... CITY OF NEWPORT BEACH, a California municipal cp.Fporation Date: By:� ��' 11v Edward D. Selich Mayor CONTRACTOR: Ferguson Enterprises, Inc. DBA Ferguson Waterworks Meter & Automation Group, a Virginia corporation Date: By: Kim Foster Business Development Manager [END OF SIGNATURES] c/PCIRN!; Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Ferguson Waterworks Meter & Automation Group Page 12 EXHIBIT A SCOPE OF SERVICES 1. DUTIES AND RESPONSIBILITIES 1.1 DESCRIPTION OF PROJECT Contractor shall furnish all labor, equipment, and supervision to perform water meter installation services as described herein including, but not limited to, the following: • Removal of existing water meters, • Installation of new water meters, • Data collection, • Inspection, ■ Testing, and • Quality control. 1.2 QUALITY OF WORK AND MATERIALS 1.2.1 All material and equipment furnished by the Contractor shall be new, high-grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Administrator. All materials used shall be approved in advance by the Project Administrator. 1.2.2 The City will provide all water meters to the Contractor. The Contractor shall conform to all City practices and procedures. All City purchases will be for the sole expressed use of and for the City. The Contractor shall secure, store, inventory, distribute and control all materials entrusted to the Contractor's representatives. All materials and inventories shall be made available to the City upon request. 1.2.3 Contractor shall provide all tools and additional materials to complete the installation/removal work. If a new pit box is needed the Contractor shall notify the City and the City will replace the pit box. The Contractor shall pick up the City -provided meter equipment from the Utilities Yard during normal business hours (Monday — Thursday, 7:00 a.m. - 4:30 p.m.; Fridays, 7:00 a.m. - 3:30 p.m.). 1.3 WORKING HOURS Normal working hours shall be no more than ten (10) hours per day between the hours of 7:00 a.m. and 4:00 p.m. Normal working days are Monday through Friday. Ferguson Waterworks Meter & Automation Group Page A-1 1.4 WORKMANSHIP AND SUPERVISION 1.4.1 All employees of the Contractor who will be installing meters must be trained in meter installation and in reading meter registers. 1.4.2 Contractor's field personnel shall wear easily recognizable uniforms containing Contractor's name. Contractor shall be responsible for supplying all appropriate personal protective equipment including but not limited to safety vests, safety shoes and reflective vests. 1.4.3 Contractor requires that field installers be equipped with cellular phones or radios so that problems or questions can be addressed immediately. Each crew must have immediate access to a mobile phone so that the Installation Supervisor can be contacted if needed. 1.5 SUPERVISION OF CONTRACT 1.5.1 Contractor shall designate a Project Manager to serve as the main contact for the Contractor throughout the project. The Project Manager shall have the authority to handle and resolve any contract disputes with the City and be experienced in supervising the installation of water meters. 1.5.2 Contractor shall designate an Installation Supervisor, who shall be responsible for managing the installation on a day-to-day basis and for seeing that all installations are carried out in a professional manner and in compliance with the procedures required by City, Contractor, and all other applicable local, state and federal regulations (such as OSHA). The Installation Supervisor shall be on site continuously throughout the duration of the project. If the Installation Supervisor is unavailable during working hours, then Contractor shall provide a qualified substitute. The Installation Supervisor shall be experienced in supervising meter installation contracts, and be familiar with applicable regulations and safe and proper installation procedures. 1.5.3 The supervisor of this contract shall be available to meet with the Project Administrator daily during working hours, as necessary. 1.6 SPECIFICATIONS 1.6.1 These specifications are intended to cover all labor, material and standards of installation to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. Ferguson Waterworks Meter & Automation Group Page A-2 1.6.2 Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. 1.7 PROVISIONS FOR EXTRAS 1.7.1 No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved in writing by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. 1.7.2 Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not listed as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization will be issued by the City. 1.7.3 The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the Project Administrator or designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. 1.8 DISPOSAL 1.8.1 All replaced meters will be tagged and returned to the City for proper disposal. 1.8.2 Contractor will return site to original condition. The Contractor shall dispose of all excess materials and other debris in any right-of-way or ground occupied, and shall restore utilities and improvements on public or private property which have been damaged by the Contractor's operations. This will include, but not be limited to; replacing all furniture or household items that may be in the way of installation and cleaning up any water. Ferguson Waterworks Meter & Automation Group Page A-3 1.8.3 Contractor shall be responsible for removing and properly disposing of any reasonable amount of dirt needed to access a meter in a meter pit or vault. If a water meter box or vault is flooded so that the meter is fully or partially submerged, the installer must pump out the box before changing the meter. Contractor must ensure that the water service is not in any way contaminated, even intermittently, by standing water in the meter vault or box. 1.9 RECORDS 1.9.1 The Contractor shall keep accurate records concerning all of his/her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. 1.9.2 The Contractor shall complete a monthly maintenance report indicating work performed and submit this completed report to the Project Administrator. This report should also contain a description, including staff -hours, equipment, and materials breakdowns and costs used to accomplish any additional work which the Contractor deems to be beyond the scope of the contract and which has been approved by the City in accordance with the Agreement. Payment for any extra work will not be authorized unless the additional work, and costs thereof are first approved in writing by the City in accordance with the Agreement. 1.9.3 The Contractor shall, within fifteen (15) days of the effective date of an executed agreement, prepare and submit a written annual maintenance calendar to the Project Administrator. This maintenance calendar shall clearly indicate all of the maintenance tasks required by this agreement and the months of the year they are scheduled to be performed. If it is necessary to make periodic revisions to this maintenance schedule, a modified calendar must be submitted to the Project Administrator for approval prior to the date the changes are to take effect. 1.9.4 The Contractor shall permit the City to inspect and audit its books and records regarding City -provided services during regular business hours. 1.10 RESPONSIBILITY FOR DAMAGES OR INJURY 1.10.1 Contractor shall be responsible for repairing any service lines, meter couplings, angle meter valves, service fittings, meter boxes, and/or lids it damages at its sole cost and expense, unless Contractor has reported (prior to commencement of a given installation) a condition of antiquated or inferior plumbing to the City such that needed repairs can be performed by the City. Any damage done by Contractor outside the area and scope of the work of the contract shall be repaired or replaced as directed at no additional cost to the City. All plumbing work other than the replacement of a water meter must be inspected by the City. Ferguson Waterworks Meter & Automation Group Page A-4 1. 10.2 Contractor shall be responsible for replacing any existing landscaping, ground cover, grass, plants, shrubs, and/or trees which are damaged during construction within 48 hours at its sole cost and expense. 1.11 SAFETY REQUIREMENTS 1.11.1 All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable comply with all safety standards required by CAL -OSHA. The City reserves the right to issue restraint, or cease and desist orders to the Contract when unsafe or harmful acts are observed or reported relative to the performance under this contract. All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times. 1. 11.2 The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. 1.11.3 Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation. 1.12 SCHEDULES 1.12.1 The Project Manager (or Installation Supervisor) shall meet with Project Administrator periodically and not less than twice monthly to update them on progress of the installations. 1.12.2 No later than 12:00 p.m. (noon) each workday, Contractor shall transmit information to the Project Administrator on completed work orders performed during the previous workday. Such data shall be transmitted electronically as a flat file, with comma delimited text. 1.13 PUBLIC NOTICING 1.13.1 When installing a new meter, Contractor shall attempt to make contact with all residents to notify them that their water will be turned off during installation. If no one is present at the residence during installation, Contractor may proceed with the work, but must leave a notice of the completed work on the residence's front door upon completion. 1. 13.2 Contractor shall notify customers, via the use of a door hanger, at least 48 hours prior to performance of the work. Contractor shall also provide the City with a schedule the work to be performed at least 48 hours prior Ferguson Waterworks Meter & Automation Group Page A-5 to performance of the work. Any schedule changes shall be communicated with both the customer and the city. 2. TECHNICAL MAINTENANCE SPECIFICATIONS 2.1 PROJECT DESCRIPTION 2.1.1 The project involves the replacement of the following number of existing meters annually with new direct read Neptune T-10 and Neptune HP Turbine Meters. Meter Size Number of Meters to be Annually 5/8"x3/4" - 1" _Replaced 3,020 1 %" — 2" 200 TOTAL 3,220 2.1.2 Installation also includes project management to make sure all new equipment is installed properly and all information about the system is correct. The Contractor shall make every effort to restore service to each connection in a timely manner. 2.2.1 A master list of customer accounts and City atlas broken down by billing route will be provided to Contractor. 2.2.2 Contractor shall conduct residential, commercial, and irrigation meter installations by billing route, which will be provided by the City. Installations shall be performed based on geographic proximity and logistics as determined by Water Systems Service Supervisor or designee, in discussion with Subcontractor. Along with the installations by billing route, the contractor will be provided with a monthly list of non- functioning meters. The meter locations will vary. 2.2.3 Contractor shall establish a schedule for installation of the proposed project. Contractor shall provide the City with an updated schedule of where work is planned for the duration of the project if changes occur. 2.2.4 Before, or at the time of installation, the installer, under the direct supervision of the Installation Supervisor, shall inspect the existing water meter setting, including piping and shut-off valves. If the installer determines that conditions are such that damage to the existing piping would result, the Installation Supervisor shall inform the City, shall not Ferguson Waterworks Meter & Automation Group Page A-6 attempt the installation until the site is inspected by a Utility representative, and shall postpone installation at that site until the Project Administrator authorizes the Contractor to proceed with the work. The Contractor shall report any plumbing irregularities including but not limited to: meters installed backwards, disconnected meters, and taps located before a meter. 2.2.5 At its option, the City may authorize Contractor to make any necessary repairs to service lines or piping, provided Contractor approves such repairs at a rate agreeable to both Contractor and the City prior to the repairs being done. 2.2.6 Contractor shall ensure that the meter at the service location matches the work order. Contractor shall check for running water prior to commencing meter change out, and then replace the meter, using new gaskets, or washers. Old meters shall be put in the boxes that the new meters are provided in and stored securely at Utility Yard. Disposal of old meters will be handled by the City. 2.2.7 Contractor shall flush waterline after installing anew meter to remove all air and debris out of the line, ensure the meter is registering properly and to verify service restoration to the premises. Any location where flushing cannot be accomplished shall be reported to the Project Administrator. 2.2.8 During installation, the Contractor shall shut off customer's water by using a curb stop valve. At no time shall the Contractor use a crimping device to restrict water flow. If the outside control valve is not visible or inoperable, the Contractor shall notify the Project Administrator to rectify the control problem. 2.3 WORK ORDERS 2.3.1 Prior to the start of the installations, the Project Administrator will provide the Contractor with an electronic file containing the information necessary to create work orders for meter installation. For each meter, the data file will indicate: • Type of account • Meter Address • Meter Size • Meter Serial Number • Most Recent Meter Read 2.3.2 Via a test confirmed by the City, the Contractor shall be responsible for ensuring that all data transferred to and from the City's information systems is properly working before commencing any meter or radio installations. Ferguson Waterworks Meter & Automation Group Page A-7 2.3.3 The Installation Supervisor will provide work orders to installers. Each work order will include at a minimum, the customer's address, account number, existing meter number, existing register number (if applicable), meter make, model and size, and recent meter reading. City desires that all work order data be electronic. 2.3.4 Contractor shall submit to the Project Administrator for review and approval its proposed system for ensuring that all data pertaining to installation is correctly recorded during installation, and that all data transferred to Utility's Customer Information System (the "CIS") is accurate. Prior to any installations, the Contractor shall describe procedures to the City designed to eliminate any opportunities for a meter or radio to be associated in the CIS with the wrong address or account number. 2.3.5 An installation will not be accepted by the City for payment until the work order has been turned in and the information necessary to update the customer account record on the CIS has been conveyed to the City. 2.3.6 Invoices from Contractor shall contain information on work completed by route and sequence number. The invoice shall also include the quantity, by type, of installations (full installation versus retrofit). Invoices will be submitted to Contractor on a monthly basis. Payment terms are net 30 days from receipt of invoice by Contractor. N V=eULlA Ii VK01� k11i11 2.4.1 Should the Project Administrator receive a call or complaint from a customer regarding installation, the Project Administrator shall contact the Installation Supervisor to report the complaint. Contractor shall contact the customer via telephone within two hours of notification by the City and shall resolve the complaint within the same workday. 2.4.2 Contractor shall be responsible for replacing any meter improperly installed. Contractor shall repair any damage to couplings, threads, unions, or meters by use of improper tools or cross threading. 2.4.3 Contractor shall be responsible, at no additional cost to City, for correcting any leaks at the valves, couplings or service/house lines within three feet of the meter that could reasonably be attributed to the meter installation, if reported by Utility or customers within 30 days of installation. 2.4.4 The Installation Supervisor shall review the progress of the work on a daily basis. All abnormal installations including backwards meters and non -communication between the register and the MIU shall be identified Ferguson Waterworks Meter & Automation Group Page A-8 and scheduled for immediate correction. The Installation Supervisor shall keep reports of all such abnormal installations and a summary report regarding these issues shall be transmitted to the City on a daily basis. Ferguson Waterworks Meter & Automation Group Page A-9 Per Meter Installation Meter Size Unit Price to Replace and Install* 5/8 in. - 1 in. $43.00 1 '/2 in. — 2 in. $150.70 Retrofit radios, antenna and pit box lids $42.00 New installations of Neptune meters with radios, antenna and pit box $49.00 lids. 5/8 in. — 1 in. New installations of Neptune meters with radios, antenna and pit box $190.40 lids. 1 'h in. — 2 in. Hourly Rate In the event that additional work or repairs are requested, the below hourly rate will be used. The Contractor shall prepare a quote of the estimated additional hours; no new work shall begin until the Contractor receives approval from the City representative, Hourly Rate Minimum Per person during regular working $105.00 Hours 2 hours M -F (lam -4 m After -Hours Rate $157.50 Minimum 2 M -Th (4pm-7am), F(4pm-12am) Hours Weekend Rate $210.00 Minimum 2 Sa 12am-Mon 12am Hours The pricing indicated above is inclusive of any applicable Prevailing Wages. Ferguson Waterworks Meter & Automation Group Page B-1 INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor 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. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor 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 VII (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. Contractor 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. Contractor 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. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor 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 Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Ferguson Waterworks Meter & Automation Group Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 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 Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsuitants. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, 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. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Ferguson Waterworks Meter & Automation Group Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. 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. G. City Remedies for Non -Compliance If Contractor or any sub - consultant 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 Contractor'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 Contractor or reimbursed by Contractor upon demand. Ferguson Waterworks Meter & Automation Group Page C-3 R 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. Contractor's Insurance. Contractor 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. Ferguson Waterworks Meter & Automation Group Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1/7/15 Dept./Contact Received From: Joan Date Completed: 1/7/15 Sent to: Joan By: Chris Company/Person required to have certificate: Ferguson Enterprises Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15 A. INSURANCE COMPANY: National Union Fire Insurance Company Pittsburgh PA B. AM BEST RATING (A-: VII or greater): A:XV INSURANCE COMPANY: National Union Fire Insurance Company C. ADMITTED Company (Must be California Admitted): B. AM BEST RATING (A-: VII or greater) A:XV Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/5,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must N Yes include): Is it included? (completed Operations status does D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? 5,000,000 COMPLETED OPERATIONS ENDORSEMENT (completed E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City N/A its officers, officials, employees and volunteers): Is it F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Haulers only): N N/A included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ N/A ❑ Yes is not limited solely by their negligence) Does endorsement H. NOTICE OF CANCELLATION: include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 8/1/14-811/15 A. INSURANCE COMPANY: National Union Fire Insurance Company Pittsburgh PA B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 5,000,000 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 N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 8/1/14-8/1/15 A. INSURANCE COMPANY: New Hampshire Insurance Company B. AM BEST RATING (A-: V11 or greater): A:XV C. ADMITTED Company (Must be California Admitted): Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 2,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? 0 Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1/7/15 Date ►1 ■ ■ 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. Date