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HomeMy WebLinkAboutC-5051 - On-Call PSA for Engineering ServicesAMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES FOR ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL IS�E^RVICES AGREEMENT ( "Amendment No. One "), is entered into as of this J0 Y' day Of September, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corporation whose address is 2552 White Rd. Suite B, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On January 26, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for on -call engineering, surveying and design services throughout the City ( "Project "). B. City desires to enter into this Amendment No. One to increase the total compensation and update the City's standard insurance requirements. 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. COMPENSATION Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the individual Letter Proposals, as approved in writing by the Project Administrator. Consultant's total compensation during the term of this Agreement shall not exceed Three Hundred Thousand Dollars and 00/100 ($300,000.00) without prior written amendment to the Agreement. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 2. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One. on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S_/_�Z//p_ By: Aaron arp City AttorneyP� ATTEST• Date: /4)— v� By: Lei 1I. own City Clerk PpRA c'�t�Foac''r CITY OF NEWPORT BEACH, A California muni ipal corporation Date: /o g Y•:q Nancy Gardn Mayor CONSULTANT: SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corpo atio� Date: By: �• David L. Bac6n President Date: / Z By: David W. Couch Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements A 11-00208/Amd No. 1 to On -Call PSA SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 2 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or'endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -1 amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -2 written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 Citv Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES 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: 10/11/12 Dept. /Contact Received From: Tania Date Completed: 10/11/12 Sent to: Tania By: Renee Company /Person required to have certificate: Walden & Associates Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 1/1/12 to 1/1/13 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? E Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000/$4,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND E N/A ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes E No H. 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 I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No H. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 1/1/12 to 1/1/13 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? E 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? $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): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 1/1112 to 1/1113 A. INSURANCE COMPANY: RLI Insurance Company B. AM BEST RATING (A-: VII or greater): A +: XT 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 W. PROFESSIONAL LIABILITY • POLLUTION LIABILITY • 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 10/11/12 Date $1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ Yes ❑ No 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. �� ®® CERTIFICATE OF LIABILITY INSURANCE DA EIMMIDDIYYYY, I 10/11 L2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America 130 Vantis, Suite 250 Aliso Viejo, CA 92656 CONTACT NAME: PHONE IAIC, No, E t): 949-297-5962 FAX INC Nei, 6 A GENERAL LIABILITY E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC H 1/1/2012 INSURERA: RLI Insurance Company 13 5 A wwVtJoausa.cwm CA License #OE67768 INSURED SOCAL Walden, Inc. INSURER B: Scheduled Al Endt #PPB3130610 Professional Services dba: Walden &Associates INSURER C: PREMISES Ex occurrence INSURER D: MEOEXPAny one person) 2552 White Road, Suite B Irvine CA 92614 INSURERS: $ 2,000,000 INSURER F ✓ Primary/Non - Contributory COVERAGES CERTIFICATE NUMBER: 14376892 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AO 5 BR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY E %P MMIDD /YYYY LIMITS A GENERAL LIABILITY V ✓ PS60001329 1/1/2012 1/1/2013 EACH OCCURRENCE $ 2,000,000 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MACE E✓ OCCUR Scheduled Al Endt #PPB3130610 Professional Services PREMISES Ex occurrence $ 1,000.000 MEOEXPAny one person) 5 10,000 PERSONAL& AOV INJURY $ 2,000,000 ✓ Primary/Non - Contributory performed by the Insured ✓ Waiver of Subrogation GENERAL AGGREGATE $ 4,000,000 are Excluded GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,000 $ ] JECT POLICY ✓ PRO - �/ LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED ED HIRED AUTOS ✓ Primary/Non- Contributory ✓ ✓ PSAOOD1039 Designated Insured Endt #20480299 Primary/Non- Contributory and Blanket Waiver of Subrogation included in Coverage Form #PPA3000311 1/112012 111/2013 Ea acc1 tlEeD151NGLE LIMIT $ 1,000,000 ✓ BODILY INJURY (Per person) S BODILY INJURY (Per accident) S ✓ PROPERTY acc Cen DAMAGE $ ✓ $ $ Wavier of Subro ation A UMBRELLA LIAB OCCUR PSE0001247 1/112012 111/2013 EACH OCCURRENCE $ 1,000,000 ✓ AGGREGATE $ 1,000,000 E %LESS LIA6 CIAIMS -MADE Excludes Professional DED RETENTION$ Liability $ S S A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER /MEMBER EXCLUDED? a NIA ✓ P$WQQQ1295 Waiver of Subrogation Endt #WC040306 111/2012 1/1/2013 wcsrATU- O TOR LIMI S E.L. EACH ACCIDENT 5 1000000 E.L. DISEASE -EA EMPLOYEE S 1,000,00 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS belaw E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate Holder is an Additional Insured with respect to General Liability and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as Per Endorsement(s) noted above. General Liability includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners Coverage form. A Workers' Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties to a contract that require this Endorsement, provided that contract is executed before the loss. Coverage is subject to all policy terms conditions limitations and exclusions. 30 Dav Notice of Cancellation /10 Day Notice for Non-Payment. CERTIFICATE HOLDER CANCELLATION On -Call Professional Services of the Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its officers and employees 3300 Newport Boulevard Newport Beach CA 92658 -8915 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AVC) Alicia K. Igram (D 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CENT Nn.: 14376892 boAnne Faiek 10/11/2012 8:26 :59 AM Page 1 of S Policy Number: PS60001329 RLI Insurance Company Named Insured: SOCAL Walden, Inc. dba: Walden & Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Newport Beach its officers and employees SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, 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 to the rendering of or failure to render any 'professional services ". b. 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 PPB 313 06 10 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 SECTION I- PROPERTY AND 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 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. ►al�t��1:I�:i1�:f14Fya1�l IK�I�I�] YIL7�t; Y�] �1. IE, y1� 7�[y /:T�t § /_11i19i;IN:L•1l�lxa CERT NO.: 19376992 OeAnne Prink 10/11/2012 at26:59 AM Page 2 OP 5 Page 1 of 1 POLICY NUMBER: PSA0001039 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: 1 /1/2012 Countersi n /j� �GllmrJ Named InsuredaocAL warden, Inc. dbe: Warden & Associates Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach its officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page t of 1 ❑ CERT NO.: 19376893 OeAene FiiN 10/11/2012 0:26:59 AM Page 3 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — LIABILITY Coverage, Paragraph A.I. 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 more of the 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 following the acquisition or 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 The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION 11 — LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured Provision: Any person or organization 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 damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non- contributory basis to the additional insured's 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 Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: PPA 300 03 11 CERT MO.: 1437CB92 oennne FriN 18111/2012 8:26:59 AM Page 4 of 5 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.1. 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's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". F. Fellow Employee Coverage SECTION II = LIABILITY COVERAGE, Exclusion 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, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" 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: Page 2 of 5 WORKERS` COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right againstthe person or organization named in the Schedule. (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 accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach Jobs performed for any person or organization that you have its officers and employees agreed with in a written contract to provide this agreement, This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1/1/2012 Policy No. PSW0001295 Endorsement No. Insured Insurance Company: RLI Insurance Company SOCAL Walden, Inc. dba: Walden &Associates Countersigned By CERT NO.: 14376892 to a Frink 10/11/2012 8.36:59 AN Page 5 0£.5 A� ®® CERTIFICATE ®F LIABILITY INSURANCE DATE(MMIDD /YYYY) 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(tes) 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 Insurance Office of America 130 Vantis, Suite 250 Aliso Viejo, CA 92656 CONTACT NAME: PHONE LAIC He Este FAX INC. No: GENERAL LIABILITY E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC It INSURERA: RLI Insurance company 13056A www.ioausa.com CA License#OE67768 INSURED SOCAL Walden, Inc. INSURER B: dba: Walden & Associates INSURER C: PREMISE Ea occurrence INSURER O: 2552 White Road, Suite B Irvine CA 92614 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 14376865 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF ADDL 5 R SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICYEXP MWDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL AL GENERAL LIABILITY PREMISE Ea occurrence $ CLAIMS -MADE ❑ OCCUR MED EXP Any one person) S PERSONAL& ADV INJURY S GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ S POLICY PRO M LOC AUTOMOBILE LIABILITY OMSINED SINGLE LIMIT E.. ccidenll $ BODILY INJURY (Per person) S ANY AUTO ALL OWNED e SCHEDULED AU AUTOS TOS BODILY INJURY (Peracddenp S Peo,S.ER nDAMAGE S HIREOAUTOS AUTOS D S $ UMBRELLA Use OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE S DED Li RETENTIONS $ $ S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABRJTY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? F-1 N. /A TORY LIMITB EF E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional Liability RDP0005206 10/29/2011 10/29/2012 $1,000,000 Per Claim Claims -Made $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Coverage is subject to all policy leans, conditions, limitations and exclusions. 30 Day Notice or Cancellalion/10 Day Notice for Non - Payment of premium. CERTIFICATE HOLDER CANCELLATION Re: On -Call Professional Services of the Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN its officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Newport Boulevard Newport Beach CA 92658 -8915 AUTHORIZED REPRESENTATIVE (AVC ) Alicia K. I ram ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 143]6865 OeAnne Frink 10/11/2012 8:25:59 AN Page 1 of 1 MELVIN CITY OF NEWPORT BEACH SE? 1 1 20 ?Z Ag iidaate'm No:_ ..10 $e,pte�rjber 11,,;2012 10: HONORABLE MAYOR.AN0 :MEMBERS OF THE CITY COUNCIL - FROM: PublicWorks:Department. Stephen G. Badum, Public Worl<s Director 949 644 -3311 sbaduin@newportbeachca.gov PREPARED BY: obert Stein, rstein @new ortbeachca.gov p a. APPROVED: TITLE; Approval of Amendment, No. 1 to ahe .On .Call Professional Services Agreerrient.with SoCal.Walden, Inc: ABSTRACT: The value 'of ciV'il engineering,worl< performed, by $oCal.Walden, [tic. under anon; call. agreement is reaching the contract budget limit. If approved, the contract limit would be raised to allow .staff to assign add ifipnal on;gorng civil engineering _asks to this. - consultant. RECOMMENDATION.;. Approve ;Amendment No. 1 to the January .26, 2012 Q0 -QA Professional Services Agreement with.SoCal Walden, Inc., dba Walden & Associates ( "Walden &Associates!) to incjease:.the contract limit to :$300S for 1continui -ng on. call engineering and eying services and authorize the Mayor and City Clerl<, to execute the Piofessio.nal : ;P Services Agreement. FUNDING REQUIREMENTS: Funds. for these services are available in 'specific project "accounts within the City Council approved Capital Improvement Program. ,DISCUSSION: Every two years, staff goes. through . a - selection process to identify and enter into on -call service contracts for various on -going professional 'services :such as iSurveying, Geotechnical, Civil and Traffic Engineering and Landscape Architecture.. The City va Approval of Amendment No. 1 to the On Call Professional Services Agreement with SoCal Walden, Inc. September 11, 2012 Page 2 entered into an On -Call Professional Services Agreement (PSA) with Walden & Associates on January 29, 2012, for Civil Engineering, Survey and Design Services with a budget limit of $120,000. Walden & Associates is one of two on -call Civil Engineering firms that are currently used by Public Works to assist staff with the delivery of the large CIP workload. Due to the low original contract funding cap and the large on -going workload, the contract with Walden & Associates in closing in on its funding cap. To date, Walden & Associates has been assigned five street, sewer and drainage design projects for a total consultant fee of $81,366, yet is only 113 the way through their two year contract. Under this amendment, the budget limit would be raised to $300,000 in order to allow staff to assign additional as- needed Civil Engineering tasks for upcoming small projects. The previous fee schedule will remain in effect for the term of the agreement. The term of the agreement, which terminates on December 31, 2013, will remain unchanged. ENVIRONMENTAL REVIEW: Environmental clearances will be completed for each Capital Improvement Project. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: adurn Director Attachment: Amendment No. 1 to On Call Agreement 218 Ta 01 318 AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES FOR ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this __ day Of September, 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corporation whose address is 2552 White Rd. Suite B, California 92614 ( "Consultant "), and is made with reference to the following: RECITALS: A. On January 26, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for on -call engineering, surveying and design services throughout the City ( "Project "). B. City desires to enter into this Amendment No. One to Increase the total compensation and update the City's standard insurance requirements. 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. COMPENSATION Section 4.2 of the Agreement shall be amended in its entirety and replaced with the following: Consultant's compensation for Services performed in accordance with this Agreement, including all reimbursable items and subconsuitant fees, shall not exceed the fees identified in the individual Letter Proposals, as approved in writing by the Project Administrator. Consultant's total compensation during the term of this Agreement shall not exceed Three Hundred Thousand Dollars and 00/100 ($300,000.00) without prior written amendment to the Agreement. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. INSURANCE Section 14 of the Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified In this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. [IN 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No, One. on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron _;carp City AttorneyO�t�� ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Nancy Gardner Mayor CONSULTANT: SOCAI_ WALDEN, INC. DBA WALDEN & ASSOCIATES, a California corporation David L. Bacon President Date: By: _ David W. Couch Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit C — Insurance Requirements A11- 00200 /Aind No. Ito On -Call PSA SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES T Page 2 5/8 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's Indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance In accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or'endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved bythe City's Rlsk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance, Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -1 sus amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.43 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Arc reenents Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 ms's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance SOCAL WALDEN, INC, DBA WALDEN & ASSOCIATES Page C -2 718 written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any requirement in'rposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- Insured Retentions. Any self - Insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self. insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand.. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for Its proper protection and prosecution of the Work. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page C -3 8/8 1\ 1 ON -CALL PROFESSIONAL SERVICES AGREEMENT WITH SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES FOR ENGINEERING SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 7'vday of - .A4rvrr 2012, by and between the CITY OF NEWPORT BEACH, a California Munic al Corporation ( "City "), and SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California Corporation whose address is 2552 White Road, Suite B, Irvine, CA 92614 ( "Consultant'), 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 has a need for on -call assistance for civil engineering, surveying and design services throughout the City. C. City desires to engage Consultant to perform on -call civil engineering services throughout the City on an as needed basis ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be David L. Bacon. F. 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: nemoff471T11 The term of this Agreement shall commence on the above written date, and shall terminate on December 31, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall provide "On -Call' engineering services as described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services "). Upon verbal or written request from the Project Administrator (as defined below in Section 6), Consultant 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; 2.1.3 The estimated number of hours and cost to complete the Services; and 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, Consultant 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 the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. 4.2 No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Consultant's compensation for Services SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 2 performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Total compensation paid to Consultant during the term of this Agreement shall not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00) without written amendment to the Agreement. 4.2.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the Services performed and /or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2.2 City shall reimburse Consultant only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.2.2.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. 4.2.2.2 Approved reproduction charges. 4.2.2.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.2.3 Consultant shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates 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 David L. Bacon 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 SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 3 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. 6. ADMINISTRATION This Agreement will be administered by the City's Public Works Department. Michael J. Sinacori, P.E., Assistant City Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or an authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. 7.1.2 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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 community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 4 8.3 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, or 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, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or the acts or omissions of its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to 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. 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 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. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 5 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 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. 14.2 Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 6 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.2Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.3 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. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 7 non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.3 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. 14.8.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.8.5 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.8.6 Additional 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization 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 SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 8 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 written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. RECORDS Consultant shall keep records and invoices in connection with the work 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 to this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 21. WITHHOLDINGS City may withhold payment 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 SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 9 the City Manager or his 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. 22. 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 paragraph is intended to limit City's rights under any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 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. 25. NOTICES 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 10 Michael J. Sinacori, P.E., Assistant City Engineer Public Works Department City of Newport Beach PO Box 1768 3300 Newport Boulevard Newport Beach, CA 92658 -8915 Phone: (949) 644 -3342 Fax: (949) 644 -3318 25.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: David L. Bacon SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES 2552 White Road, Suite B Irvine, CA 92614 Phone: 949 - 660 -0110 Fax: 949 - 660 -0418 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 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, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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 and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 11 28. STANDARD PROVISIONS 28.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract, This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 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. 28.6 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. 28.7 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. 28.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 12 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR7EY' OFFICE Date: /Z /ZO_ // �l,d91 !i�0 YAW ATTEST: Date: /_- By: V U " k7y� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: 1 N c) I tc By. Dave Kiff) City Manager CONSULTANT: SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES, a California Corporation Date: By: David L. Bacon President �E Date: /� /o�ZU /2— a By: David W. Couch Chief Financial Officer [END OF SIGNATURES] ATTACHMENTS: EXHIBIT A –SCOPE OF SERVICES EXHIBIT B – SCHEDULE OF BILLING RATES SOCAL WALDEN, INC. DBA WALDEN & ASSOCIATES Page 14 EXHIBIT A EXHIBIT Walden & Associates is a full service Civil Engineering, Land Surveying and Land Planning company that has been serving Southern California since 1975. We specialize in infrastructure and site design for all types of projects within the public sector. We have worked in, and for, various Cities since the inception of the Company and have developed an excellent reputation and rapport with numerous City Staff and Management personnel over the years. Our ability to communicate, evaluate and provide altematives for review and discussion with our clients resulting in reasonable solutions to problems is one of our strengths. The Walden Team's experience and knowledge will benefit and supplement the City of Newport Beach staff. Proposed services to be provided on an On -Call / As- Needed basis for the City of Newport Beach include but are not limited to the following: • Aerial and Ground Topographic Surveys for project layout, design and join purposes. • Preliminary layouts and design services. • Improvement Plans / Construction Drawings for Street Rehabilitation, Widening, Realignment, Extension or other related needs for Street Improvements • Improvement Plans /Construction Drawings for upgrades, modifications, extensions and / or replacement of Sewer, Water and Storm Drain Facilities • Various studies and supporting documentation including Hydrology Studies, Hydraulic Analyses, Sewer Studies, Water Studies and Network Analyses. • NPDES related reports i.e. Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) • Project related specifications and special provisions. • Preliminary and Final Cost Estimating • Mapping and legal description services for easements, acquisitions and vacations. • Construction Staking. • Bid Assistance. • Construction Administration Services. • Record Drawings. Services that can be provided by sub - consultants include but are not limited to: • Traffic Engineering related services including Studies and Traffic Signal Plans. • Construction Traffic Control Plans • Landscaping including Hardscape, Planting and Irrigation. • Geotechnical Engineering. EXHIBIT "B„ FEE SCHEDULE for City of Newport Beach Request for Qualifications The following fees are effective through December 31, 2013: $170.00 /hr. for Principal $150.00 1hr. for Project Manager $135.00/hr. for Project Engineer $115.00/hr. for Design Engineer /Land Surveyor $105.00 /hr. for Engineer /Land Surveyor $95.00 /hr. for Assistant Engineer /Designer /Land Surveyor $85.00 /hr. for Cad Draftsman $60.00 /hr.for. Clerical /Processor $185.00/hr. for 2 -man Survey Crew $215.00/hr. for 3 -man Survey Crew $300.00 /hr Expert Witness Deposition and Trial Testimony Reproduction, deliveries, additional insured endorsements and other reimbursables will be surcharged 10% and billed in addition to the above fees. 11 ac®sz® CERTIFICATE OF LIABILITY INSURANCE DAT 1 /10 /2DYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America 130 Viejo, CA 250 Aliso Viejo, CA 92656 wwwJoausa.com CA License #OE67768 CONTACT NAME: PHONE , N E tP 949-297-5962 FAX IAIC : 949- 297.596Q_ E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC% INSURER A: RLI Insurance Co n 13056A INSURED SOCAL Walden, Inc. dba: Walden & Associates 2552 White Road, .Suite B Irvine CA 92614 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES GtK I II-IUA I t NUMBER' 1911 R1 TA ACVlclnnl ui mnevo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL JNSR SUDR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICYEXP MMIDD/YYYY LIMITS ' GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY ^I I CLAIMS -MADE J OCCUR TO RENTED PREMISES (Ea occurrence S MED EXP (Any one person) S PERSONAL &AOV INJURY Is GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO. LOC ECT PRODUCTS - COMPIOP AGO $ 5 AUTOMOBILE F� —BALL LIABILITY ANY AUTO OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ I BODILY INJURY Per accitlenl ( ) S PROPERTY pAMAGE Per acudero $ 5 jb UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1 EXCESS LIAR CLAIMS -MADE AGGREGATE g DED " RETENTION$ S �g I WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA VJC STATU- 0 - TORY LIMITS ER E.L. EACH ACCIDENT DENT g E. L. DISEASE- EAEMPLOYEE $ (Mandatory If yes, describe under E.L. DISEASE, POLICY LIMIT I S DESCRIPTION OF OPERATIONS bel. A i Professional Liability Claims -Made I RDP0005206 10129/2011 10/2912012 1$1,000.000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) Coverage is subject to all policy terms, conditions, limitations and exclusions. 30 Day Notice of Cancellation /10 Day Notice for Nan - Payment of premium. CERTIFICATE HOLDER CANCELLATION Re: On -Call Professional Services of the Insured City of Newport Beach its officers and employees SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Newport Boulevard Newport Beach CA 92658 -8915 AUTHORIZED REPRESENTATIVE ��Gsc�"CZ•r..� AVC) Alicia K. I ram ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 12116170 CcAnne Rink 1/10/2012 6:20:50 AN Pao^ 1 of 1 �° ®® CERTIFICATE OF LIABILITY INSURANCE DATEIMM /DDM/YY) 1 111012012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Office of America 130 Vantis, Suite 250 Aliso Viejo, CA 92656 CONTACT NAME: PHONE IAIC. No Extl 949 -297 -5962 FAX AIC No): 949-297-596 A GENERAL LIABILITY E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAICP 1/112012 INSURER A: RLI Insurance Company 1 ar56A wwvv1oausa.com CA License #OE67768 INSURED SOCAL Walden, Inc. INSURER B Scheduled Al Endt #PPB Professional D professional Services dba: Walden & Associates INSURER C: PAEAUET RENTS ante INSURER D: VIED EXP (Any one person) 2552 White Road, Suite B Irvine CA 92614 NSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 12116147 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF EXP MMIDDYY�^YY LIMITS A GENERAL LIABILITY ✓ ,/ PSB0001329 1/112012 1/1/2013 EACH OCCURRENCE $ 2,000,000 ✓ I COMMERCIAL GENERAL LIA81LITY CLAIMS -MADE OCCUR ' Scheduled Al Endt #PPB Professional D professional Services PAEAUET RENTS ante S 1,000,000 VIED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 ✓ Primary /Non - Contributory performed by the insured are Excluded ✓ Wa iver of Subrogation GENERAL AGGREGATE $ 4,000.000 lG —EIN'L AGGREGATE LIMIT APPLIES PER; POLICY',/�PRO ✓ LOG PRODUCTS - COMPIOP AGG $ 4,000.000 i$ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS ✓ AUTOS Primary/Non- Contributory ✓ ✓ PSA0001039 Designated Insured Endl #20480299 Primary/Non - Contributory and Blanket Waiver of Subrogation included in Coverage Form #PPA3000311 '1/1/2012 1/1/2013 COMBINED SINGLE LIMIT i (Ea eccitlenp ,S 1,000,000 ✓ BODILY INJURY(Perpers.re j$ (- BODILY INJURY (Per acddent),$ ✓ PROPERTY DAMAGE Per accitlenll $ ✓ $ ✓ $ Wavier of Subrogation A UMBRELLA LIAR / OCCUR I— PSE0001247 1/112012 1/1/2013 EACH OCCURRENCE 8 1,000,000 / AGGREGATE 15 1,000,000 EXCESS LIAB CLAIMS MADE Excludes Professional Liability OED RETENTIONS i5 Is Is A WORAERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICEWMEMSER EXCLUDEDZ FN IMandatory In NH) NIA ✓ PSW0001295 Waiver of Subrogation Endl #WC040306 1/1/2012 1/1/2013 WC STATU- 0 - TORY LIMITS ER E.L. EACH ACCIDENT S 1000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 II yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMITS 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is an Additional Insured with respect to General Liability and Automobile Liability but only when required by written contract with the Insured prior to an occurrence as per Endorsement s) noted above. General Liability includes Separation of Insureds and Contractual Liability per limitations in the BusinessOwners Coverage form. A Workers' Compensation Waiver of Subrogation as noted above is included for the person or organization named in the Schedule that are parties to a contract that require this Endorsement, provided that contract is executed before the loss. Covera e is subject to all policy terms conditions limitations and exclusions. 30 Dav Notice of Cancellation /10 Day Notice for Non-Payment. CERTIFICATE HOLDER CANCELLATION On -Call Professional Services of the Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach its officers and employees 3300 Newport Boulevard Newport Beach CA 92658 -8915 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE AVC Alicia K. I ram ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT I0.: 12116147 DeAnne Frick 1/10/2012 8:39:07 AN Page 1 of 5 Policy Number: PSB0001329 RLI Insurance Company Named Insured: SOCAL Walden, Inc. dba: Walden & Associates THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLVFack@ FOR DESIGN PROFESSIONALS SCHEDULED ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY Schedule Name of Person(s) or Organization(s): City of Newport Beach its officers and employees 1. SECTION II C. Who Is An Insured is amended to include as an additional insured the person or organization shown in the schedule above, 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 to the rendering of or failure to render any 'professional services ". b. 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 PPB 313 06 10 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 SECTION I- PROPERTY AND 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 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. CPYT NO.: 12116197 DBAnne Frink 1/10/2012 8:19:07 AM Page 2 Of 5 Page 1 of 1 POLICY NUMBER: PSA0001039 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective; 1/10/2012 Countersigns Named Insured: SOCAL Walden, Inc. dba: Walden & Associates Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Newport Beach its officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page f of 1 ❑ CEAT NO.: 12116197 OOAnne F =ink. 1/10/2012 3:19:01 W PagO 3 Of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II — LIABILITY Coverage, Paragraph A.1. 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 more of the 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 following the acquisition or 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 The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any person or organization 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 damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non - contributory basis to the additional insured's 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 Subrogation The following is added to the SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, S. Transfer Of Rights Of Recovery Against Others To Us: PPA 300 03 11 C-RT NJ.: 13116147 DeAmb Fink 1/10/2012 9:19:01 AM Page 4 of 5 We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION II — 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's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Condition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow. and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". F. Fellow Employee Coverage SECTION II — LIABILITY COVERAGE, Exclusion 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, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" 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: Page 2 of 5 WORKERS4 COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under awritten contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Newport Beach Jobs performed for any person or organization that you have Y P agreed with in a written contract to provide this agreement. its officers and employees This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1 /1/2012 Policy No. PSWO001295 Endorsement No. Insured Insurance Company: RLI Insurance Company SOCAL Walden, Inc. /% V dba: Walden & Associates / /�, ✓ /)/ y ri Countersigned By C2RT NO.: 1211619] eeAnne Frink 1!10%2012 8:19:07 AM Page 5 of 5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: I -12 -12 Dept. /Contact Received From: Tania Date Completed: 1 -20 -12 Sent to: Tania By: Joel Company /Person required to have certificate: SOCAL Walden Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 1- 01- 12/1 -01 -13 A. INSURANCE COMPANY: RLI Insurance Co. 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 (Must be $1M or greater): What is limit provided? 2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): Is it included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 1 -01- 12/1 -01 -13 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 (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) 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: ❑ N/A 2 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 1- 01- 12/1 -01 -13 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 $11M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® 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 ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1 -20 -12 Date 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.