1 FIFTH AMENDMENT TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FIFTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES (“ Fifth Amendment”) is made between the City of Redondo Beach, a chartered municipal corporation City”) and Pacific Advanced Civil Engineering Inc., a California corporation (“Consultant”) WHEREAS, on July 5, 2016, the parties originally entered into the Agreement for Consulting Services between the City and Consultant (the “Agreement”); and WHEREAS on September 6, 2016, the parties entered into a First Amendment to the Agreement (“First Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $693,077; and WHEREAS on May 7, 2019, the parties entered into a Second Amendment to the Agreement Second Amendment") to modify the scope of services, extend the term of the Agreement to May 7, 2024, and reallocate the amounts designated to each task; and WHEREAS, on October 15, 2019, the parties entered into a Third Amendment to the Agreement ("Third Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $753,077; and WHEREAS, on July 13, 2021, the parties entered into a Fourth Amendment to the Agreement ("Fourth Amendment”) to modify the scope of services, and increase Consultant's total compensation limit to the amount of $842,517; and WHEREAS, the parties desire to amend the Agreement to increase Consultant’s total compensation limit and extend the term of the Agreement to May 7, 2026.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibits "A” to “A-4” of the Agreement are hereby amended to add Exhibit "A-5", which adds new the duties. Exhibit “A-5” is attached hereto and incorporated by this reference.
2. TERM AND TIME OF COMPLETION. Exhibits “B” to “B-3“ of the Agreement are hereby amended to add Exhibit “B-4”, which extends the Agreement to May 7, 2026.
Exhibit “B-4” is attached hereto and incorporated by this reference. Consultant shall commence and complete all services described in Exhibits “A” to “A-4” of the Agreement in accordance with the schedule set forth in Exhibit “B-4”.
3. COMPENSATION. Exhibits "C" to "C-4" of the Agreement are hereby amended to add Exhibit " C-5" to increase Consultant’s compensation limit by $34,995, setting a new total compensation limit of $877,512. Exhibit “C-5” is attached hereto and incorporated 2 by this reference. Consultant shall be compensated for the services described in Exhibits "A" to "A-5" of the Agreement.
4. INSURANCE. Exhibit “ D” of the Agreement is hereby amended to add Exhibit “ D1” to raise the Consultant’ s general liability coverage from $ 1 million to $2 million dollars. Exhibit “ D-1” is attached hereto and incorporated by this reference.
Consultant shall comply with the insurance requirements in Exhibit “ D-1”
5. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and this Fifth Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and any of its amendments, the terms of this Fifth Amendment shall prevail. 3 IN WITNESS WHEREOF, the parties have executed this Fifth Amendment in Redondo Beach, California, as of this 7nd day of May, 2024.
CITY OF REDONDO BEACH, PACIFIC ADVANCED CIVIL ENGINEERING, a chartered municipal corporation INC., a California corporation By: _______________________
James A. Light, Mayor Name: _______________________
Title: _______________________
ATTEST: APPROVED:
Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
Michael W. Webb, City Attorney
VP
ANDREW T. KOMOR
4 EXHIBIT " A-5"
SCOPE OF SERVICES
CONSULTANT’ S DUTIES
Consultant shall perform the duties set forth below for the Portofino Way and Yacht Club Way Sanitary Sewer Pump Stations Projects, Job Nos. 50210 & 50260.
1. Provide construction management support, including attending construction meetings, reviewing shop drawings and submittals, and providing responses to requests for clarifications and information during the construction phase.
2. Upon completion of the pump station construction, prepare As-Built Drawings using the redlines from the City-designated contractor and inspector
3. Attend the startup of new pump stations and draft the Operation and Maintenance manuals, including safety precautions and procedures.
5 EXHIBIT “ B-4”
TERM AND TIME OF COMPLETION
The term of this Agreement shall be extended to May 7, 2026 (“ Term”), unless otherwise terminated as herein provided.
6 EXHIBIT “ C-5”
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall perform the work for all City approved Task Proposal(s) in accordance with the hourly rate schedule, which is hereby incorporated.
Hourly Rate Schedule
Description Hourly
Rate
Principal $ 300
Sr. Project Manager / Sr. Consulting Engineer $ 260
Project Manager / Consulting Engineer / Sr. I&C Specialist $ 250 Sr. Electrical Engineer / Sr. GIS Analyst $ 245
Sr. Project Engineer / Sr. Design Engineer $ 220
Project Engineer / Design Engineer II $ 190
Instrumentation & Controls Specialist $ 185
Sr. CAD Designer $ 175
Design Engineer $ 150
CAD Designer / GIS Analyst $ 145
Graphic Designer $ 125
Project Coordinator $ 105
Administrative Support $ 100
Assistant Designer $ 85
G.P.S. Survey Unit (w/ Operator) $ 290
Expert Witness $ 400
B. EXPENSES. Consultant shall submit to the City, for prior written approval, an estimated cost breakdown for all airfare, auto rental, and hotel accommodations related to the services provided under this Agreement in order for the City to ascertain the reasonableness of the expenditures. Any additional expenses not delineated on the attached schedule, including but not limited to, subcontractor markup, may only be compensated upon the City’s written consent following an amendment to this Agreement.
Furthermore, no hourly rates shall be invoiced by the Consultant for travel time, as Consultant receives mileage reimbursement. For all other expenses, Consultant shall be reimbursed in strict accordance with the attached schedule.
C. NOT TO EXCEED AMOUNT. In no event shall Consultant's total compensation, including materials and reimbursable expenses, exceed the amount of $877,512 during the term of this Agreement.
7 D. METHOD OF PAYMENT. Consultant shall provide monthly invoices to City for approval and payment. Invoices shall provide the description of work performed, staff title, hours worked, applicable hourly rate, subcontractor costs, and expenses if incurred. Invoices must be adequately detailed, based on accurate records, and in a form reasonably satisfactory to City, and attach copies of receipts to substantiate expense requests and any purchase of materials, subcontractor invoices, and any prior written authorization of the City for expenses and subcontractors. Consultant may be required to provide backup material upon request.
E. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within 30 days of receipt of the monthly invoice; provided, however, that services are completed to the City’s reasonable satisfaction.
F. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street Suite 120
Fountain Valley, CA 92708
Attention: Andy Komor
City: City of Redondo Beach
415 Diamond Street, Engineering Division
Redondo Beach, CA 90277
Attention: City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
8 REIMBURSABLE EXPENSE RATES*
Units Cost
Travel
Mileage (Per Mile) Mile $ 0.67
Airfare, Auto Rental, Hotel At Cost
Parking, tax, and tolls At Cost
Outside Reproduction At Cost
Shipping ( FedEx, UPS, Courier, etc.) At Cost
Misc. (Review Fees, Specific Charges) At Cost
Reproduction ( In-House)
Sheet Bond - B/W Prints and Copies – All sizes SF $ 0.16 8 ½ x 11 to 12 x18)
Sheet - Color Prints and Copies – All sizes SF $ 1.20
Sheet - Glossy Color Print/Photo – All sizes SF $ 2.60
Roll - Plots and Copies ( Roll Paper)
Bond (B/W) SF $ 0.88
Bond (Color) SF $ 1.56
Roll - Vellum or Mylar Plots SF $ 2.60
Roll - Glossy Color Plot Exhibits ( Roll Paper) SF $ 3.12 Report 3-Ring Binders
1.5” EA $ 10.40
1.5” to 3” EA $ 15.60
3” EA $ 26.00
Coil or GBC Punch Binding EA $ 1.04
Note: All reimbursable expenses will be invoiced at the above rates. 9 EXHIBIT “ D-1”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant' s indemnification obligations under this Agreement, 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 the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant' s profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 2,000,000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/ location.
Automobile Liability: $ 1,000,000 per accident for bodily injury and property damage.
Employer' s Liability: $ 1,000,000 per accident for bodily injury or disease.
Errors and Omissions liability: $ 1,000,000 per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, 10 employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner' s policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty ( 30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part. 11 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City's requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
A/C, No, Ext): A/C, No):(
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER EXPTYPEPOLICY EFF POLICYOF INSURANCE MM/ LIMITS( DD/YYYY)( MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS- DAMAGE TO MADE OCCUR $
PREMISES ( Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY AGGJECT LOC PRODUCTS - COMP/OP
OTHER:$
COMBINED SINGLE LIMIT
Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident)$
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY ( Per accident)
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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 have ADDITIONAL INSURED provisions or 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
4/30/2024
License # 0757776
714) 569-2718 2718 ( 714) 242-9723
36056
Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street Suite 120
Fountain Valley, CA 92708
20260
34630
A 1,000, 000
X LA24CGLZ0H0WVIC 4/30/ 2024 4/30/ 2025 300, 000
Retention: NIL Excluded
Contractual Liab Inc 1,000, 000
2,000, 000
2,000, 000
CAP:$10,000,000 per project EBL AGGREGATE 1,000, 000
000B1,000,
X 500010346001 4/30/ 2024 10/ 31/ 2024
000A5,000,
LA24EXCZ0H3MSIC 4/30/ 2024 4/30/ 2025 5,000, 000
C
PAWC539195 3/2/2024 3/2/2025 1,000, 000
N
1,000, 000
1,000, 000
The City of Redondo Beach, its officers, elected, and appointed officials, employees, and volunteers are named as Additional Insured in respects to the General Liability and Auto Liability as required by written contract. Excess Liability is Following Form over the General Liability and Auto Liability.
City of Redondo Beach
415 Diamond Street, Engineering Division
Redondo Beach, CA 90277
PACIAQU- 01 ARODRIGUEZ6
HUB International Insurance Services Inc.
4695 MacArthur Court
Suite 600
Newport Beach, CA 92660
Henry Zamora
henry.zamora@hubinternational. com
Navigators Specialty Insurance Company
Infinity Select Insurance Company
Oak River Insurance Company
X
X
X
X
X
X
X
X X
X
X
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: LA24CGLZ0H0WVIC
COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
Any person or organization for whom you are
performing operations during the policy period when you and such person or organization have agreed in writing
in a contract or agreement that such person or
organization be added as an additional insured on your
policy
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization( s) shown in the Schedule, but only
with respect to liability for "bodily injury", " property damage" or " personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:
This insurance does not apply to "bodily injury" or
property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
2. That portion of " your work" outofwhichthe
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: LA24CGLZ0H0WVIC
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization( s): Location And Description Of Completed Operations Any person or organization to whom the Named
Insured has agreed by a written contract that such
person or organization be added as an Additional
Insured for Completed Operations Coverage, but only
as respects " Commercial Construction", and only as
respects occurrences subsequent to the making of
such written contract.
As used in this endorsement, " Commercial
Construction" means construction other than 1) new
home construction and 2) condominium or townhouse
related work other than remodel of a single unit
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II - Who Is An Insured is amended to include
as an additional insured the person(s) or organization
s) shown in the Schedule, but only with respect to
liability for " bodily injury" or " property damage"
caused, in whole or in part, by " your work" at the
location designated and described in the schedule of
this endorsement performed for that additional insured
and included in the " products-completed operations
hazard".
0 0 12)
12 3'0 45 6 7 2" 3'0 45 6
828
0'/'0 9& 0 08
City of Redondo Beach
415 Diamond Street, Engineering Division
Redondo Beach, CA 90277
1 2 0* 1 1 2" 1/ 1('0$8
1 0* 0 '3 1 1 2 0* 9& 8
1/ Redondo Beach
13 0* 1((1-"
1+ 1/ 0* 1 0(&, 1+ 2 13 8 1
0 2' 1/ 1& 8 0 13', 1 2 0 13 1 * 3
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1 * 1/ 1('0$ 2 0* 8
FOURTH AMENDMENT TO THE AGREEMENT
FOR CONSULTING SERVICES BETWEEN
THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES Fourth Amendment") is made between the City of Redondo Beach, a chartered municipal corporation (" City') and Pacific Advanced Civil Engineering, Inc., a California corporation Contractor" or" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment") to modify the scope of services, and increase Consultant's total compensation limit to the amount of$ 693, 077; and
WHEREAS on May 7, 2019, the parties entered into a Second Amendment ("Second Amendment") to modify the scope of services, extend the term of the Agreement to May 7, 2024, and reallocate the amounts allocated to each task; and WHEREAS, on October 15, 2019, the parties entered into a Third Amendment ("Third Amendment") to modify the scope of services, and increase Consultant' s total compensation limit to the amount of$ 753, 077; and
WHEREAS, the parties desire to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. SCOPE OF SERVICES. Exhibits " A" to " A- 3" of the Agreement are hereby amended to add Exhibit " A- 4", which adds task 12 to the scope of services. Exhibit "A- 4" is attached hereto and incorporated by reference.
2. COMPENSATION. Exhibits " C" to " C- 3" of the Agreement are hereby amended to add Exhibit" C- 4" to increase the limit for the total compensation paid to Consultant by 89, 440 for a total compensation limit of$ 842, 517, and amend Consultant' s party of notice. Exhibit" C- 4" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in Exhibits " A" to" A- 4" of the Agreement.
3. NO OTHER AMENDMENTS. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, First Amendment, Second Amendment, Third Amendment, and this Fourth Amendment, the terms of this Fourth Amendment shall govern.
2 -
IN WITNESS WHEREOF, the parties have executed this Fourth Amendment in Redondo Beach, California, as of this 13th day of July, 2021.
CITY OF REDONDO BEACH, PACIFIC ADVANCED CIVIL
a chartered municipal corporation ENGINEERING, INC.,
a California corporation—
William C. Brand, Mayor Name: max KIY,VLS
Title: Ptt.SirAP, vly
ATTEST: APPROVED:
g)1C(//-----
Eleanor Manzano, City rk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
111; 44
Michael W. Webb, City Attorney
3 -
EXHIBIT " A-4"
PROJECT DESCRIPTION AND/ OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Task 12. Consultant shall perform the following duties for the dewatering Quantity and Quality Investigation and Analysis at Yacht Club Way and Portofino Way Wastewater Pump Stations.
1. Provide one soil boring at each Pump Station location with corresponding geological analysis to estimate the groundwater dewatering quality and quantity required from each site to be used for the station' s future planned construction.
2. Provide water quality sampling for the groundwater extracted from each boring location, and compare with another sample obtained from the King Harbor. The Harbor is the proposed discharge point for the dewatering water during pump station construction. Estimate and determine treatment requirements and techniques based on the results from the analysis, and allocate space at each site and describe in the construction specifications.
3. Coordinate with the City and the Los Angeles Regional Water Quality Control Board Board) based on the results of this analysis, to obtain discharge permits and issue technical memos for the two project locations.
4. Provide geotechnical recommendations to evaluate subsurface conditions at the locations of the proposed submersible pump stations and valve vaults. The field exploration for the new station structures will consist of a total of one boring each which will be placed as close to the footprint of the proposed structure as possible.
5. Drill the boring to a maximum depth of 50 feet. Record the groundwater level during drilling operations. Convert the boring to a temporary piezometer to obtain a sample of the groundwater to test for petroleum hydrocarbons, total dissolved and suspended solid, and heavy metals.
6. Remove the piezometer after obtaining the groundwater sample. Collect a sample of the Harbor water for analysis. Provide recommendations for an open excavation.
Obtain a Los Angeles County Department of Public Health boring/ piezometer permit.
7. Locate underground utilities and the boring location based on landmarks or stakes furnished. Conduct laboratory testing, including chemical analysis for corrosivity; perform seismic and geologic hazard screening; evaluate liquefaction potential; and prepare a report. Perform the borings with a hollow stem auger/ rotarywash drilling rig and by hand auger. Prior to performing the soil boring, coordinate with Underground Service Alert and a private utility locator to identify underground utilities. Provide traffic control during drilling operations in accordance with the MUTCD manual.
8. Drilling Operations — Log the borings and obtain representative soil samples at selected depths and at changes of soil stratum. Record groundwater levels during 4 -
drilling operations. Drum excess cuttings and prepare proper manifest for City' s signature. Dispose of drums off-site. Convert the borehole to a temporary piezometer and measure the depth to water. Perform environmental groundwater sampling to meet all Board construction dewatering sampling requirements for a dewatering permit after the piezometer has been constructed and purged. Test the groundwater once for the following:
a. EPA 6010B—Metals;
b. EPA 8015B—Total Petroleum Hydrocarbons Diesel ( TPHd), Total Petroleum Hydrocarbons Motor Oil ( TPHmo);
c. Total Dissolved and Suspended Solid in groundwater; and d. EPA 80158—Total Petroleum Hydrocarbons gas ( TPHg), Benzene, Toluene, Ethylbenzene and Xylene ( BTEX), and Methyl Tertiary- Butyl Ether( MTBE).
9. Sample and analyze a sample of the Harbor water near the piezometer location for the same constituents as from the piezometer. Perform Soils Analyses Laboratory testing on representative soil samples to evaluate their engineering properties.
Include laboratory test results on the boring logs and within the geotechnical report.
10. Seismic and Geologic Hazard Screen — Include a review of available seismic hazard maps and technical publications in seismicity screening. Review the following potential seismic and geologic hazards:
a. AESCO Proposal No. P6957B Construction Material Testing/Inspection Environmental & Geotechnical Engineering Services liquefaction, b. seismic ground shaking,
c. lateral spreading,
d. differential settlement, and
e. fault rupture.
11. Provide signed copies of written report that include the following:
a. A brief description of the proposed project;
b. a site location map showing boring locations;
c. a description of the field investigation and laboratory testing; d. the laboratory test results and boring logs;
e. potential seismic hazards, including Seismic Zone Coefficients, soil profile, depth to groundwater, ground shaking and liquefaction potential; f. earth pressures for temporary shoring; geotechnical feasibility evaluation; g. soil parameters for design including active and passive pressures; h. dewatering recommendations; and earthwork recommendations.
Summarize and discuss the environmental groundwater and Harbor water tests results.
5 -
EXHIBIT" C-4"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. For the services described herein, Consultant shall be paid in accordance with the following schedule.
Total Not to
Exceed
Man- Hour Breakdown Rate Hours Amount
Sr. Project Manager 225 32 7, 200. 00
Project Manager 210 40 8, 400. 00
Project Engineer 185 24 4,440. 00
Project Coordinator/ Admin Support 95 48 4, 560. 00
Portofino Way PS Geotechnical &
32,420. 00
Dewatering Assessment
Yacht Club Way PS Geotechnical &
32,420. 00
Dewatering Assessment
Task 12 Total 89, 440. 00
In no event shall the total compensation paid to Consultant exceed $ 842, 517 during the term of the Agreement.
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices indicating the monitoring season, type of samples, location of samples, quantity, unit cost, applicable rate, hours, and total amount, to City for approval and payment. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City. Consultant may be required to provide back- up material upon request.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty (30) days of receipt of the monthly invoice, provided however, that services are completed to City' s full satisfaction.
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attention: Andy Komor
6-
City: City of Redondo Beach
Public Works Department, Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attention: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail.
Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
7-
i- . 41 PACIAQU- 01 LLETTIFR
A ao CERTIFICATE OF LIABILITY INSURANCE 6/ 29/
MSI0z21
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 have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
PRODUCER License 0 0757776 CONTACT
Newport Beach, CA- HUB International Insurance Services Inc.
N"CC, wa tel:( 949) 623- 3980 jut, No4( 949) 891- 0407 4695 MacArthur Court Suite BBB ALDDRESS:
Newport Beach, CA 92660
INSURER( SI AFFORDING COVERAGE NAIL
INSURER A: Evanston Insurance Company 35378
INSURED INSURER e: Nationwide Mutual Insurance Company 23787 Pacific Advanced Civil Engineering, Inc. INSURER c: Oak River Insurance Company 34630 17520 Newhope Street Suite 120 INSURER a: Arch Specialty Insurance Company 21199 Fountain Valley, CA 92708 INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 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
TYPE OF INSURANCE INSD POLICY NUMBER
POLICY EFF POLICY EXP
LIMITS
aTg INSD WVO IMWDDIYVYYI ( MWDDMTI' 1
A X COMMERCIAL GENERAL LIABILm EACH OCCURRENCE
1, 000, 000
CLAIMS. MADE X OCCUR X MKLV5PBC003203 4/30/ 2021 4130/ 2022 PREMISES( Ea oaccInrnm) 300, 000 MED EXP( Any one person)
PERSONAL a ACV INJURY
1, 000, 000
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
10, 000, 000
POLICY X jig- LOC PRODUCTS- COMP/ OP AGG
2, 000, 000
OTHER.
CAP: 10, 000, 000 per project EBL AGGREGATE 1, 000, 000
B AUTOMOBILE LIABILITY
LIMIT
t)
1, 000, 000
X ANY AUTO X ACP BA 3019722129 4/30/ 2021 4/30/ 2022 BODILY INJURY( Per person) $
OWNED SCHEDULED
AUTOSp ONLY AUTOS
BODILY INJURY( Per accident) $
X PLTODS ONLYX AUTOS ONLY 7.OisEAent)TAMAGE
UMBRELLA LMB OCCUR EACH OCCURRENCE
EXCESS UM CLAIMS- MADE AGGREGATE
DED RETENTIONS
C WORKERS COMPENSATION X STATUTE
AND EMPLOYERS' LIABILITY
1, 000, 000
ANY PROPRIETORPARTNERIEXECUTNE
YIX PAWC229U51 312/ 2021 3/ 2/ 2022 E. L. EACH ACCIDENT Mandda tory
PER EXCLUDED? NIA
E. L.
OF nXX DISEASE- EA EMPLOYEE $
1, 000, 000
yea describe under 1, 000, 000
DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT $ D PROF B POLL LIAR CPP0055298- 0B 4/ 30/ 2021 4/ 30/ 2022 EACH CLAIM$ 3M/ DED 150, 000 O RETRO DATE: 111/ 1995 CPP0055298- 0B 4/ 30/ 2021 4/ 30/ 2022 AGG$ 6M/ DED 450, 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ( ACORD 101. eminence Remarks ffiAMUY, may Is attached If mon space Is nqulnd) The City of Redondo Beach, its officers, elected, and appointed officials, employees, and volunteers are named as Additional Insured in respects to the General Liability and Auto Liability as per written contract with the named insured.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Redondo Beach
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Redondo Beach, CA 90277
II AUTHORIZED REPRESENTATIVE
ACORD 25( 2016103) C 1988- 2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: MKLV5PBC003203 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s)
Or Organization( s): Location And Description Of Completed Operations As required by written contract executed by both All locations; Applies to commercial work only parties prior to loss; Applies to commercial work only
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for ' bodily injury" or " property damage" caused, in whole or in part, by " your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the " productscompleted operations hazard".
ISO Properties, Inc., 2004 Page 1 of 1 0
CG 20 37 07 04
POLICY NUMBER: MKLV5PBC003203 COMMERCIAL GENERAL
LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES
OR CONTRACTORS - ( FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name Of Person Or Organization:
As required by written contract executed by both parties prior to loss; Applies to commercial work only If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED ( Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of" your work" for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO PROTECTION - GOLD
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
SUMMARY OF COVERAGES
A. Effect of This Endorsement
B. Newly Acquired or Formed Entities
C. Employees as Insureds- Nonowned Autos
D. Additional Insured by Contract. Permit or Agreement
E. Supplementary Payments - Bail Bonds
F. Supplementary Payments- Loss of Earnings
G. Personal Effects and Property of Others Extension
H. Prejudgment Interest Coverage
I. Fellow Employee - Officer, Managers and Supervisors
J. Hired Auto Physical Damage
K. Temporary Substitute Autos- Physical Damage Coverage L. Expanded Towing Coverage
M. Auto Loan or Lease Coverage
N. Original Equipment Manufacturer Parts- Leased Private Passenger Types O. Deductible Amendments
P. Rental Reimbursement Coverage
O. Expanded Transportation Expense
R. Extra Expense- Stolen Autos
S. Physical Damage Limit of Insurance
T. New Vehicle Replacement Cost
U. Physical Damage Coverage Extension
V. Transfer of Rights of Recovery Against Others To Us
W. Section IV- Business Auto Conditions- Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory
Y. Emergency Lock Out
Z. Cancellation Condition
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission
COMMERCIAL AUTO
AC 70 05 03 16
A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy is modified
agreement referenced in the paragraph above,
by the provisions of this endorsement. If there
any coverage provided by this endorsement to
is any conflict between the provisions of this
an additional insured shall be primary and
endorsement and the provision( s) of any stateany other valid and collectible insurance availspecific endorsement also attached to this poliable to the additional insured shall be noncy, then the provision( s) of the state- specific contributory with this insurance. If the written
endorsement shall apply instead of the provicontract does not require this coverage to be sions of this endorsement that are in conflict,
primary and the additional in
s
coverage to
but only to the extent of the conflict, and only to
be non- contributory, then this insurance will be
the extent necessary to bring such provisions
excess over any other valid and collectible insurinto conformance with the state requirement( s) once available to the additional insured.
contained in the provision( s) of the state- specific
endorsement. E. SUPPLEMENTARY PAYMENTS - BAIL
B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS
The Named Insured shown in the Declarations is Supplementary Payments of SECTION II - amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows:
venture, or limited liability company, and over 2) Up to$ 2, 500 for cost of bail bonds( including which you maintain ownership or majority ( more bonds for related traffic law violations) than 50%) interest; if there is no other similar in- required because of an " accident" we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision is afforded until the
1801"
F. SUPPLEMENTARY PAYMENTS - LOSS OF
day after you acquire or form the organization or EARNINGS the end of the policy period, whichever is later.
C. EMPLOYEES AS INSUREDS - NONOWNED Supplementary Payments of the SECTION II - AUTOS
COVERED AUTOS LIABILITY COVERAGE is
revised as follows:
The following is added to paragraph Al.. Who Is
4) All reasonable expenses incurred by the " inAn Insured of SECTION II - COVERED AUTOS sured" at our request, including actual loss
LIABILITY COVERAGE: of earnings up to $ 500 a day because of d. Any " employee" of yours is an " insured" time off from work. while using a covered " auto" you don' t own, G. PERSONAL EFFECTS AND PROPERTY OF hire or borrow in your business or your perOTHERS EXTENSION sonal affairs.
D. ADDITIONAL INSURED BY CONTRACT, 1. The. Care, Custody or Control Exclusion of
AGREEMENT
SECTION II - COVERED AUTOS
LIABILITY COVERAGE, does not apply to
The following is added to Al. Who Is An In- property damage" to property, other than sured of SECTION II - COVERED AUTOS your property. up to an amount not exceedLIABILITY COVERAGE: ing $ 250 in any one " accident". Coverage Any person or organization that you are re- is excess over any other valid and collectible quired to name as an additional insured in a
insurance.
written contract or agreement that is executed 2. The following paragraph is added to A. 4. or signed by you prior to a " bodily injury" or Coverage Extensions of SECTION III - property damage" occurrence is an " insured" PHYSICAL DAMAGE COVERAGE:
for Covered Auto Liability coverage. Howc. We will pay up to$ 500 for your property ever, with respect to covered " autos', such that is lost or damaged as a result of a person or organization is an insured only to
covered " loss", without applying a dethe extent that person or organization qualifies as an " insured" under Al.. Who is an Insured of other e. Coveragea isiexcess r
over any
SECTION II - COVERED AUTOS LIABILITY
other valid and collectible insurance.
COVERAGE:
with its permission
COMMERCIAL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE substitute for a covered " auto" you own that The following paragraph is added to SECTION II is out of service because of its:
COVERED AUTOS LIABILITY COVERAGE, a Breakdown;
2. Coverage Extensions, a. Supplementary b. Repair,
Payments:
c. Servicing:
7) Prejudgment interest awarded against the
d. " Loss"; or
insured" on that part of the judgment we
pay. If we make an offer to pay the appli- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being period of time after the offer. replaced.
I. FELLOW EMPLOYEE - OFFICERS,
MANAGERS, AND SUPERVISORS L. EXPANDED TOWING COVERAGE
The Fellow Employee Exclusion in SECTION II
1. We will pay up to:
COVERED AUTOS LIABILITY COVERAGE is
replaced as follows; a. $ 100 for a covered " auto" you own of A. " Bodily injury' to any fellow " employee" of
the private passenger type, or
the " insured" arising out of and in the course
b. $ 500 for a covered " auto" you own that
of the fellow " employee' s" employment or
is not of the private passenger type,
while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered " auto" is disabled. Howevnot apply to an " insured' who occupies a er, the labor must be performed at the place position as an officer, manager or supervi- of disablement. sor. 2. This coverage applies only for an " auto"
J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or If covered " auto" designation symbols 1 or 8 apSpecified Causes of Loss Coverage and ply to Liability Coverage and if at least one " auCollision Coverages. to" you own is covered by this policy for Corn- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you sion coverages, then the Physical Damage have on a covered " auto". coverages provided are extended to " autos" you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and
1. In the event of a total " loss' to a covered
provisions in the Business Auto Coverage Form
auto", we will pay any unpaid amount due
applicable to Hired Auto Physical Damage apply
on the loan or lease, including up to a maxup to a limit of $ 100, 000. The deductible will be imum of $ 500 for early termination fees or
equal to the largest deductible applicable to any penalties, for your covered " auto" less:
owned " auto" for that coverage. Any Comprehensive deductible does not apply to fire or a. The amount paid under SECTION III -
lightning.
PHYSICAL DAMAGE COVERAGE of
K. TEMPORARY SUBSTITUTE AUTOS -
this policy; and
PHYSICAL DAMAGE COVERAGE b. Any:
The following is added to paragraph C. Certain 1) Overdue lease/ loan payments at the Trailers, Mobile Equipment And Temporary
time of the" loss";
Substitute Autos of SECTION I - COVERED 2) Financial penalties imposed under a AUTOS: lease for excessive use, abnormal
If Physical Damage Coverage is provided by
wear and tear or high mileage;
this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered " autos" for Physi- lessor;
cal Damage Coverage: 4) Costs of extended warranties, Credit Any " auto" you do not own while used with Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease; and
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission
COMMERCIAL AUTO
AC 70 05 03 16
5) Carry- over balances from previous No deductible applies to glass if the glass is releases. paired, in a manner acceptable to us, rather than
2. This coverage only applies to a " loss' which
replaced.
is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered " auCollision coverage. to" for which Physical Damage Coverage is
3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement exauto" is not the sole collateral. penses incurred by you for the rental of an
N. ORIGINAL EQUIPMENT MANUFACTURER auto" because of" loss' to a covered " auto'.
PARTS - LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you
Under Paragraph C. Limit of Insurance of have on a covered " auto." No deductibles SECTION III - PHYSICAL DAMAGE apply to this coverage.
COVERAGE, Section 4 is added as follows: 3. We will pay only for those expenses incurred
4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the " loss" and ending, regardless of the ger type covered " auto' where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days:
least six months. If a new original equip- a. The number of days reasonably ment vehicle manufacturer part is not in pro- required to repair or replace the covered duction or distribution we may use a like, auto". If " loss' is caused by theft, this kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered The following are added to the Deductible proviauto" and return it to you. sion of SECTION III - PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule.
If another policy or coverage form that is not an
4. Our payment is limited to the lesser of the
automobile policy or coverage form issued by following amounts:
this company applies to the same" accident', the a. Necessary and actual expenses following applies: incurred.
1. If the deductible under this coverage is the b. $ 75 for any one day or for a maximum smaller ( or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there
2. If the deductible under this coverage is not are spare or reserve " autos" available to you the smaller( or smallest) deductible, it will be for your operations. reduced by the amount of the smaller ( or 6. If " loss" results from the total theft of a coysmallest) deductible. ered " auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage " loss" from one " accident' involves amount of your rental reimbursement extwo or more covered " autos', only the highest penses which is not already provided for undeductible applicable to those coverages will be der SECTION III - PHYSICAL DAMAGE applied to the " accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles. This provision only Q. EXPANDED TRANSPORTATION EXPENSE applies if you carry Comprehensive or Specified
Paragraph A4. a. of SECTION III - PHYSICAL
Causes of Loss Coverage for those vehicles,
DAMAGE COVERAGE is replaced by the followand does not extend coverage to any covered autos" for which you do not carry such ing.
coverage. We will pay up to $ 50 per day to a maximum of 1500 for temporary transportation expense incurred by you because of the total theft of a
with its permission.
COMMERCIAL AUTO
AC 70 05 03 16
covered " auto" of the private passenger type. ment manufacturer or other sources inWe will only pay for those covered " autos" for eluding non- original equipment menuwhich you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for temb. If a repair or replacement results in betporary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improveending, regardless of the policy' s expiration, ment.
when the covered " auto" is returned to use or we
5. If we offer to
pay for its " loss pay the actual cash value of
R. EXTRA the damaged or stolen property, we will EXPENSE- STOLEN AUTOS value auto advertising wraps, paint customiThe following paragraph is added to Coverage zation, and similar business related advertisExtensions of SECTION III - PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to$ 5, 000 for the expense wraps, paint customization, and similar of returning a stolen covered " auto" to you. business related advertising modifications We will pay only for those covered " autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation ified Causes of Loss Coverage and physical condition.
S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III - PHYSICAL DAMAGE The following is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of Insurance provision of SECTION III - PHYSICAL is replaced by the following: DAMAGE COVERAGE:
C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do
1. The most we will pay for " loss' in any one
not apply to a covered " auto" of the private
accident" is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20, 000 pounds or
a. The actual cash value of the damaged less which is a" new vehicle.' orossstoleoo
r
property as of the time of the
In the event of a total " loss" to your new vehicle to which this coverage applies, we will b. The cost of repairing or replacing the
pay at your option:
damaged or stolen property.
a. The verifiable " new vehicle' purchase 2. $ 1500 is the most we will pay for " loss" in price you paid for your damaged vehiany one " accident" to all electronic equip- cle, not including any insurance or warment that reproduces, receives or transmits ranties purchased;
audio, visual or data signals which, at the
b. If it is available, thepurchase price, as time of" loss", is:
negotiated by us, of a ' hew vehicle" of
a. Permanently installed in or upon the the same make, model, and equipment covered " auto" in a housing, opening or
or the most similar model available, not
other location that is not normally used
including any furnishings, parts, or
by the " auto" manufacturer for the inequipment not installed by the manufacstallation of such equipment turer or manufacturers' dealership; or. b. Removable from a
permanently installed
c. The market value of your damaged vehousing unit as described in Paragraph hide, not including any furnishings, 2. a. above or is an integral part of that parts, or equipment not installed by the equipment; or
manufacturer or manufacturer' s dealerc. An integral part of such equipment. ship.
3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total " loss". As used in this endorsement, a " new
4. The cost of repairing or replacing may: vehicle" means an " auto" of which you are a. Be based on an estimate which includes the original owner that has not been previparts furnished by the original equipAC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission
COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the" loss". of Accident, Claim, Suit or Loss Condition relative to notification requirements U. PHYSICAL DAMAGE COVERAGE applies only when the " accident" or
EXTENSIONS
loss' is known to:
Under SECTION III -, PHYSICAL DAMAGE
1) You, if you are an individual;
COVERAGE. A. Coverage, Coverage Exten- 2) A partner, if you are a partnership; sions, b. Loss of Use Expenses is replaced by 3) A member, if you are a limited liability the following: company; or
b. Loss of Use Expenses 4) An executive officer or insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an " insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a
relative to providing us with documents
driver, under a written rental contract or concerning a claim or " suit" will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or' suit" is known 1) Other than collision if the Declarations to:
indicate that Comprehensive Coverage 1) You, if you are an individual; is provided for any covered" auto'; 2) A partner. if you are a partnership; 2) Specified Causes of Loss only if the
Declarations indicate that Specified
3) A member, if you are a limited
P
liability company; or
Causes of Loss Coverage is provided
for any covered " auto"; or
4) An executive officer or insurance
3) Collision only if the Declarations indicate
manager, if you are a corporation.
that Collision Coverage is provided for
any covered " auto." X. HIRED CAR— COVERAGE TERRITORY
However, the most we will pay for any Item ( 5) of the Policy Period, Coverage Territory expenses for loss of use is $ 50 per day, to a General Conditions is replaced by the following:
maximum of$ 1, 500. The insurance provided 5) Anywhere in the vmdd if a covered " auto" is by this provision is excess over any other leased, hired, rented or borrowed without a collectible insurance. driver for a period of 30 days or less; and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse you up to $ 100 for reasonable The following is added to the Transfer Of Rights expense incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered " auto" subject to We waive any right of recovery we may
these provisions:
have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any " accident' be- covered " auto' and you are unable to enter cause of payments we make for damages such" auto" , or
under this coverage form.
2. Your keyless entry device battery dies and
W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such " auto" as a reOCCURRENCE suit, SECTION IV— BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized
entry; and
6. NOTICE OF AND KNOWLEDGE OF
OCCURRENCE
with its permission.
COMMERCIAL AUTO
AC 70 05 03 16
4. Original copies of receipts for services of a
If we cancel for any reason other than nonlocksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of Z. CANCELLATION CONDITION
cancellation at least 60 days before the effective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION - CANCELLATION applies more than 60 days prior notice of cancellaexcept as follows: tion.
AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission
THIRD AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS THIRD AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES ("Second Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation ("City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment"); and
WHEREAS on May 7, 2019, the parties entered into a Second Amendment (" First Amendment"); and
WHEREAS, the parties wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. Exhibit " A- 2" of the First Amendment is hereby deleted in its entirety and Exhibit" A" of the Agreement is amended to add additional duties to complete the South Redondo PCH Sanitary Sewer Conveyance System Improvements as outlined in Exhibit" A- 3". Exhibit" A-3" is attached hereto and incorporated by reference.
2. Schedule of Completion. Exhibit " B" of the Agreement is hereby deleted in its entirety and replaces with Exhibit " B- 3" amended to extend the term of the Agreement. Exhibit " B- 3" is attached hereto and incorporated by reference.
3. Compensation. Exhibit " C" of the Agreement is hereby amended to add Exhibit " C- 3" which adds $ 60, 000 of additional funds to this Agreement to cover the cost of the additional services described in Exhibit " A-3". To the extent that Exhibit " C- 1" and " C- 2" allocated funding for the scope of services contained in Exhibits " A- 1" and " A-2," respectively, it is hereby deleted. Exhibit " C- 3" is attached hereto and incorporated by reference. 1 -
9 4. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment, Second Amendment and this Third Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof.
In the event of any inconsistency between the terms of the Agreement, the First Amendment, or Second Amendment, the terms of this Second Third Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this Third Amendment in Redondo Beach, California, as of this 15th day of October, 2019.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
c=
C By: la(4
William C. Brand
Mayor Name: Andrew T. Komor, PE
Title: Vice President
ATTEST:
0 Eleanor Manzano, Ci & erk
APPROVED:
Jill chholz, R sk Manager
APPROVED AS TO FORM:
dfr3r(,/ Wlf
Michael W. Webb, City Attorney
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EXHIBIT " A-3"
SCOPE OF SERVICES
CONSULTANT' S DUTIES
Task 1 — Seaside Lagoon Short-Term Treatment Improvement Evaluation Consultant shall visit the site and investigate the existing configuration of chlorination/ dechlorination setup, influent and effluent distribution piping, points of chemical injection, mixing strategies, and operating protocols to optimize the existing treatment system configuration and evaluate potential short- term treatment modifications to comply with discharge permit requirements.
Consultant shall provide equipment, materials, and labor to perform the water quality analysis at the Seaside Lagoon of following sampling locations.
1. Chlorinated influent to the Lagoon
2. Residual chlorine in the Lagoon ( minimum of three sampling points)
3. Dechlorinated Lagoon discharge
The following water quality parameters will be tested for the evaluation and cost involved for the listed tests that are included in the Task 1 compensation.
Table 1— Water quality parameters tested in Task 01
M
t Mfr y t a, a t
Class t V' t
parameter E Method Equipmen Major Significance fa
Handheld
Sensitive for
pH
probe
Hach HQ40d chlorination
General effectiveness
ORP
Handheld
ORPTestr 10
Oxidation Status of the
probe lagoon water
Free
HACH 8021
HACH DR 2800/ Hach
Residual Chlorine Conc.
Disinfection Chlorine DR 900
Residual Total HACH DR 2800/ Hach
Chlorine
HACH 8167
DR 900
Chloramine Conc.
TSS SM 2540D Test America Laboratory Permit requirement Outsourced
samples Oil and
Grease
SM 16646 Test America Laboratory Permit requirement
Consultant to perform an onsite chlorine demand test to optimize the chlorine dosage requirement and bench scale testing will be carried out to confirm the strength of the stock solutions used for chlorination and dechlorination.
Task 2 — Seaside Lagoon Long-Term Improvements Development 4 - tiooN o.
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Consultant to study alternative seawater intake opportunities and operational methods ( closed- system) to continuing operating the Lagoon in the event the AES Powerplant's discharge pipe is no longer available to provide intake Lagoon water.
Consultant shall review existing treatment system at the Seaside Lagoon including the influent and effluent pipe layout, operating protocols, and operating permit requirements to develop long- term treatment alternatives ( minimum of 3) which will minimize or eliminate the requirement of discharge to the harbor and maximize operational cost savings. The process diagrams, sizing, and conceptual design drawings shall be submitted to the City for review.
Task 3 — Conceptual 30% modification design
Based on Task 02 conceptual treatment modifications, the consultant shall submit 10% site layout drawings for the preferred design approach for the City' s review.
Consultant shall provide 30% design drawings on 11 x 17 format; including design data, hydraulic process calculations, capital and operating cost estimates, equipment selection information, and electrical system design.
Task 4— General Review
Consultant shall review seawater intake and outflow regulatory permit requirements and advise the client on necessary modifications required for the current permits based on the alternative conceptual treatment modifications.
Consultant to identify operational and structural improvements necessary to compensate the proposed conceptual design.
Task 5 — Preliminary Engineering Report and Conference Call Consultant shall provide calculations, the results of the analysis, findings, and recommendations from Task 01, Task 02, Task 03 and Task 04 in a Preliminary Engineering Report. Consultant shall arrange status conference calls (up to 4) with the City to report the findings and recommendations in order to proceed with the next phase of the project.
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EXHIBIT " B- 3"
SCHEDULE FOR COMPLETION
Term. The term of this Agreement shall commence on October 15, 2019 and expire on May 7, 2024, unless otherwise terminated herein.
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EXHIBIT " C- 3"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation exceed the following amounts for each task without the approved written consent of City. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
Amendment# 3 Task Description:
Funding:
1. Short-Term Treatment Improvement Evaluation 5, 000
2. Long-Term Improvements Development 13, 800
3. Conceptual 30% Modification Design 22, 000
4. General Review 9, 200
5. Preliminary Engineering Report and Conference call 10, 000 TOTAL FUNDING AMENMDENT# 3: 60, 000
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Funding Summary:
Funding for Agreement: 460, 478
Funding for Second Amendment: 232, 599
Funding for Third Amendment: 60, 000
Total Agreement Amount: 753, 077
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment. Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation.
Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit "C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering
Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
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SECOND AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS SECOND AMENDMENT TO THE AGREEMENT FOR CONSULTING
SERVICES (" Second Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the City and Consultant originally entered into the Agreement for Consulting Services between the City and Consultant the " Agreement"); and
WHEREAS on September 6, 2016, the parties entered into a First Amendment First Amendment"); and
WHEREAS, the parties. wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Services. Exhibit " A-1" of the First Amendment is hereby deleted in its entirety and Exhibit "A" of the.Agreement is amended to add additional duties to complete the South Redondo PCH Sanitary Sewer Conveyance System Improvements as outlined in Exhibit "A=2 Exhibit A-2" is attached hereto and incorporated by reference.
2. Schedule of Completion. Exhibit " B" of the Agreement is hereby amended to extend the term of the Agreement from. July 4, 2021 to May 7, 2024.
3. Compensation. Exhibit" C" of the Agreement is hereby amended to add Exhibit " C- 2" to reallocate the current not to exceed amount of$ 693, 077.
To the extent that Exhibit "C=1" allocated funding for thescope of services contained in Exhibit " A- 1" it is hereby deleted. Exhibit " C- 2" is attached hereto and incorporated by reference.
4. No Other Amendments. Except as expressly stated herein, the.Agreement shall remain unchanged and in full force and effect. The Agreement, the First Amendment and this Second Amendment constitute the entire agreement between the parties and supersede any previous oral or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement, the First Amendment, 1 - ct,..,, oNDosefo
and the Second Amendment the terms of this Second Amendment shall govern.
IN WITNESS WHEREOF, the parties have executed this Second Amendment in Redondo Beach, California, as of this 7th day of May, 2019.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL
ENGINEERING, INC.
By: C -
William C. Brand
Mayor Name: Olks.A.Q5 vt-LAWS
Title: .51e.. Qj
ATTEST: APPROVED:
D
Eleanor Manzano, ;9 Clerk Jill Buchh k Manager
APPROVED AS TO FORM:
tdd
Michael W. Webb, City Attorney
EXHIBIT'' A-2"
SCOPE OF SERVICES
CONSULTANT'S DUTIES
Consultant shall perform the following additional duties for the completion of the South Redondo PCH Sanitary Sewer Conveyance System Improvements.
TASK.1 -. USA MARKING & TOPOGRAPHIC SURVEYING
a. Consultant shall conduct and complete a Feasibility Study to assess the utility layout for the PCH Sanitary Sewer Conveyance System Improvements.
b. Consultant shall coordinate with the Under Service Alert( USA) markings on the streets per the preliminary sewer pipe alignment. PACE to hire a subconsultant to providesurveying service to identify location and elevation of all surface features, manholes, valve covers, access ramps, light poles, pavement stripings, pavement markers, marked underground utilities, signs, storm drain catch basins, property boundaries, city boundaries, Caltrans' right- of-way, curb and gutter, and various sections of street elevations ( typical 20' cross- section increment) to provide data to the Consultant to develop a base map for the project.
TASK 2 —.MEETINGS.&_GENERAL. COORDINATION
Consultant shall provide up to six ( 6) general meetings and conference calls with City team for detail discussion of any deliverables, and to attend any City Council meetings.
TASK 3 — DEVELOP BASE MAP (SURVEY, RECORD. DRAWINGS, GIS, UTILITIES_MAP,-&. SITE VISIT)
Consultant shall prepare a base maps for pipeline plans and profiles using data obtained fromthe surveyor.. The City' s existing digital GIS shape files shall be layered into base maps, along with all physical elements, including and not limited to right- of-way, curbs and gutters, centerlines, existing active and abandoned utilities, etc. Surveyor shall obtain depth, ' invert elevation, depth to valve stems from existing manholes and valve covers.
Consultant to notify obtain updated maps from utility companies delineating existing utilities, and to determine if there are proposed improvements within the project limit. All such proposed improvements shall be included in the base maps to identify potential conflict with proposed design alternative( s). Consultant shall review City' s record drawings and show all existing improvements in the base maps.. Consultantshall make sitevisits to validate information shown on all base maps.
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TASK 4 - CEQA EXEMPTION, MEETING WITH TORRANCE & REDONDO
BEACH PLANNING DEPARTMENTS, NOTICE OF EXEMPTIONS
Consultant shall prepare CEOA Notice of Exemption documentation based on typical pipeline replacement or short redundant new pipeline project exemption.
TASK 5 — 50% SUBMITTAL
Consultant shall prepare and submit 50% design plans with profiles and other necessary improvements for City review. The plans shall include complying with City standards, Caltrans' s standards, and City of Torrance standards.
TASK 6 — POTHOLING
Consultant shall hire, direct, and coordinate sub- contract potholing service and coordinate with the City for traffic control to determine the precise horizontal and vertical positions of the existing underground utilities that may be in conflict, including pavement thickness, surrounding backfill soil type, size, type, and material of existing underground utilities along proposed pipeline alignment.
Potholing service shall also include pavement removal, excavation, and pavement replacement.
TASK 7—.PRELIMINARY_PERMITTING PROCESS (CALTRANS & CITY OF
TORRANCE)
Consultant shall work with the City to obtain encroachment perm.its from Caltrans and the City of Torrance. Consultant shall prepare and submit permit applications, plans, and Storm Water Pollution Control Program application for Caltrans:
TASK 8 —.90% TRAFFIC: CONTROL PLANS
Consultant:shall hire a sub-consultant to prepare 90% traffic control plans for the project. Plans shall show various phases of construction activities for segments of pipelines, crossing of intersections, sewer bypass for connections, and crossing Pacific Coast Highway. Traffic control plans include up to nine ( 9) plan sheets and shall be submitted with the 90% submittal for the project.
TASK 9 =. 90% PIPELINE ALIGNMENT & PROFILE, SPECIFICATIONS &
CONSTRUCTION COST ESTIMATE SUBMITTAL
Consultant shall prepare and submit 90% design plans with profiles and other necessary improvements for review by City. Plan sheets shall include up to thirteen ( 13) plan sheets submitted for review ( excluding additional sheets for traffic control plans). Consultant shall also submit 90% specifications, using City' s boiler plate contract and bid documents. Consultant shall submit a preliminary construction cost estimate and an updated project schedule. 4 -
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TASK 10.—APPLY FOR PERMITS AS 1ST SUBMITTAL (CALTRANS & CITY
OF TORRANCE)
Consultant shall prepare all applications, applicable 90% improvement plans, 90% traffic control plans, 90% striping plans, and other required exhibits for encroachment permits, and work with the City to jointly submit encroachment permit packages to Caltrans, and the City of Torrance.
TASK 11 — 100% TRAFFIC CONTROL PLANS
Consultant shall submit 100% traffic control and striping plans along with 100% submittal for the project.
TASK 12 — 100% PIPELINE ALIGNMENT & PROFILE, SPECIFICATIONS &
CONSTRUCTION COST ESTIMATE SUBMITTAL
Consultant shall prepare and submit 100% design plans with profiles and other necessary improvements for review by City. In addition, Consultant shall submit 100% specifications, using City' s contract and bid documents, and an updated preliminary construction cost estimate with the proposed bid schedule.
TASK 13 —2ND SUBMITTALEOR PERMITS ( CALTRANS & CITY OF
TORRANCE)
Consultant shall prepare all updated applications, applicable 100% improvement plans, 100% traffic control plans, 100% striping plans, and other required exhibits for encroachment permits, and work with the City to jointly submit updated. encroachment permit packages to Caltrans and. the City of Torrance.
TASK 14 — FINAL SUBMITTAL AND OBTAINING APPROVALS FOR PERMITS
CALTRANS & CITY OF TORRANCE)
Consultant shall prepare all final applications, applicable final improvement plans, final traffic control plans, and other required exhibits for encroachment permits, and work with the City to jointly submit final encroachment permit packages to Caltrans and the City of Torrance.
TASK 15 — FINAL SIGNED. PLANS- IN. MYLARS, ELECTRONIC
SPECIFICATIONS AND ELECTRONIC ENGINEER' S COST ESTIMATE
SUBMITTAL
Consultant shall print, sign, and submit final design plans with profiles, traffic control plans, and striping plans in full- size mylar. Consultant shall submit and sign the final specifications and bid schedule, and the final engineers construction cost estimate ( provided in electronic.format (pdf, Microsoft Word and/or Excel formats).
TASK 16 — BID ASSISTANCE
Consultant shall assist the City with answers questions during the bidding process and shall be available upon request to provide technical support during bidding including answering all technical questions and developing technical addenda. 5 -
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Consultant' s efforts can include: ( 1) attending the Pre- Bid Conference and site tour as the City' s design representative, to prepare meeting notes and gather questions from potential bidders for possible addenda;( 2) responding to technical questions; 3) preparing addenda to respond to technical questions and other technical clarifications; and ( 4) evaluating and analyzing bids for conformance to the bid documents and to make a recommendation for project award.
TASK 17 — CONSTRUCTION ENGINEERING SUPPORT WITH SUBMITTAL S_ 20), RFI' S ( 10), & FIELD MEETINGS ( 10)
Consultant shall be available upon request by the City to provide technical support during construction including construction meetings, reviewsubmittals, and review RFIs.
Consultant' s effort may include: ( 1.) attending up to ten ( 10) field meetings or site visits, to provide opinions and observations to the City regarding general compliance to approved plans and specifications, and/ or to assist the City in resolving field related issues; ( 2) responding up to ten ( 10) RFIs to the City, for which an interpretation may or may not represent a material change in the design or operational intent of the City' s
facility; and ( 3) responding up to ten ( 10)
submittals to the City, to ascertain that the submitted items conform generally to the intent of the bid documents.
TASK 18 — REIMBURSABLE. AGENCY PERMIT FEES
PACE shall pay required permit fees associated with permits and be reimbursed for any such permits fees at 0% mark- up.
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EXHIBIT " C=2"
COMPENSATION
Provided that Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
H
Ra eyRate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing,' in no event, shall Consultant' s compensation exceed the following amounts for each task without the approved written consent of City. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
NTE
Task Cost
Additional Funding for Agreement Allocated Per Task:
G. Task 7 — Rindge Pump Station Construction Support 20,000 B. Task 2 — Portofino Pump Station Design of New Station 25, 000 B. Task 2 - Yacht Club Way Pump Station New Design 8, 000 Funding for Second Amendment Scope of Work:
Task 1 — USA Marking& Topographic Surveying 328, 200
Task 2 — Meetings& General Coordination 4,896
Task 3 — Develop Base Map ( Survey, Record Drawings, GIS, 18, 056
Utilities Map, & Site Visit)
Task 4 —CEQA Exemption, Meeting with Torrance & Redondo 2, 562
Beach Planning Departments, Notice of Exemptions
Task 5 - 50% Submittal 17, 904
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Task 6 - Potholing 15,466
Task 7- Preliminary Permitting Process ( Caltrans & City of 6,084
Torrance)
Task 8 - 90% Traffic Control Plans 20,000
Task 9 - 90% Pipeline Alignment & Profile, Specifications & Construction Cost Estimate Submittal 9, 984
Task 10 - Apply for Permits as 1st Submittal ( Caltrans & City of Torrance) 4,588
Task f1 - 100% Traffic Control Plans 7, 976
Task 12:- 100% Pipeline Alignment & Profile, Specifications & Construction Cost Estimate Submittal
5, 752
Task 13 - 2nd Submittal for Permits ( Caltrans & City of Torrance)
3,264
Task 14- Final Submittal and Obtaining Approvals for Permits Caltrans & City of Torrance)
1, 376
Task 15- Final Signed Plans in Mylars, Electronic
Specifications and Electronic Engineer' s Cost Estimate Submittal
5,728
Task 16 - Bid Assistance
4,000
Task 17- Construction Engineering Support
20, 000
Task 18 - Reimbursable Agency Permit Fees
3, 763
TOTAL $232, 599
Funding Summary:
Funding forAgreement 460,478
Funding for Second Amendment: 232, 599
Total Agreement Amount: 693, 077
Total Not-to-Exceed Amount remains unchanged).
B. METHOD OF PAYMENT., Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment. Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. 8 -
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Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty 30) days of receipt of the monthly invoice; provided, however, that. payments by City shall not exceed the proportion ofthe phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering
Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Andrew Winje, City Engineer
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sentby registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party.
9 -
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FIRST AMENDMENT TO THE
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES First Amendment") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant").
WHEREAS, on July 5, 2016, the parties hereto originally entered into the Agreement for Consulting Services between the City and Consultant (the "Agreement"); and WHEREAS, the parties wish to amend the Agreement.
NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, and intending to be legally bound, the parties hereby agree to make the following amendments to the Agreement:
1. Scope of Work. Exhibit " A" of the Agreement is hereby amended to add Exhibit A- 1", which provides additional duties, including site assessment, concept development, preliminary design, engineering services, and services during construction for a new Alta Vista Sewer Pump Station. Exhibit "A- 1" is attached hereto and incorporated by reference.
2. Compensation. Exhibit "C" of the Agreement is hereby amended to add Exhibit C- 1" to increase the limit for the total compensation paid to Consultant by 232, 599 for a total compensation limit of$ 693, 077. Exhibit " C- 1" is attached hereto and incorporated by reference. Consultant shall be compensated for the services described in "A- 1".
3. No Other Amendments. Except as expressly stated herein, the Agreement shall remain unchanged and in full force and effect. The Agreement and this First Amendment constitute the entire agreement between the parties and supersede any previous oral agreement or written agreement with respect to the subject matter hereof. In the event of any inconsistency between the terms of the Agreement and this First Amendment, the terms of this First Amendment shall govern.
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IN WITNESS WHEREOF, the parties have executed this First Amendment in Redondo Beach, California, as of this 61h day of September, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
id/ By: J _
Mayor Name: A
The:
ATTEST: APPROVED:
II AA Lilt
City Clerk I Risk
APPROVED AS TO FORM:
4414441
City Attorneys Office
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EXHIBIT " A- 1"
SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties for the site assessment, concept development, preliminary design, engineering services, and services during construction for a new Alta Vista Sewer Pump Station to replace the existing two Alta Vista Pump Stations and three new Continuous Deflective Separation Units.
A. TASK 1 — ALTA VISTA DATA COLLECTION AND ASSESSMENT
1. Review and validate the City' s current System Evaluation & Capacity Assurance Plan findings, and collect all existing data and information relevant to the Alta Vista Pump Stations.
2. Provide materials, including maps, drawings, sewer system hydraulic analysis, and the preferred list of manufacturer and equipment for mechanical and electrical components.
3. Conduct preliminary survey including topography, underground utilities and geotechnical investigation, including two subsurface soil borings. Determine property boundaries ( City versus Redondo School District).
B. TASK 2 — ALTA VISTA DESIGN OF NEW SEWAGE PUMP STATION
1. Preliminary Design Report
a. Prepare a Preliminary Design Report to evaluate alternative locations and facilities for the new pump stations before the final design. b. Include a submersible facility with two pumps capable of conveying the peak wet weather flow, a standby generator with an automatic transfer switch, two ultrasonic level sensors, backup float switches, Programmable Logic Controllers, Human Machine Interface, and Supervisory Control and Data Acquisition (SCADA) in the design. c. Complete a Preliminary Design Report and have it wet stamped by a licensed Civil Engineer.
d. Include the replacement of the existing force main and new main line for the 11 houses along Camino Real and an alternative alignment and any aboveground enclosures in the design.
e. Include the following components in the Preliminary Design Report. 3aa;;Po
1. Alternative locations analysis including maps showing alternative locations evaluated and rational for selecting the recommended site.
2. Preliminary facility layout.
3. Preliminary piping schematic for new sewer main line in Camino Real, inflow and forcemain pipelines and modifications to connections.
4. Listing of preferred manufacturer and equipment for mechanical and electrical components.
5. Architectural rendering and conceptual floor plan.
6. Conceptual cost estimate.
2. Staging and Demolition Plan
a. Prepare a Staging and Demolition Plan for the removal and disposal of the existing stations upon completion of the new station. b. Maintain all existing flows during construction either through by- pass methods or by making the new pump station operational before the removal of the existing stations.
3. Structural Design
a. Prepare structural design in compliance with all applicable codes and requirements including the City' s Building Department. b. Provide structural design calculations that are certified by a Licensed Structural Engineer (wet stamped).
c. Incorporate a new power service meter in the design. d. Coordinate with Southern California Edison to generate the necessary plans and work order for this installation.
4. Electrical Design
a. Provide a new electrical service, transformer, and emergency back- up generator. The emergency back- up generator shall include an automatic switch gear in the design.
b. Coordinate with the City and its SCADA system consultant Morrow Meadows to provide for system monitoring and control.
4 5. Plan Formats & Submittals
a. Prepare design plans utilizing Microstation Version 8. b. Prepare a Preliminary ( 60%) Plan set, including the following submittals at a minimum.
1. Demolition Plan
2. Site Plan ( Paving, Entrances, Manways, Vaults)
3. Preliminary Structural Plan ( including structural calculations)
4. Piping Plan
5. Electrical Plans and schematics
6. Initial Catalog cuts for equipment and material
c. Upon completion of 60% and 90% plans and technical specifications, submit three ( 3) sets of Plans and accompanied material to the City for review.
d. Include the following components in the Final Plans and Contract Documents ( including Technical Specifications).
1. General Sheets —title sheet, general notes, index to sheets, bench marks horizontal control, and vicinity and location maps.
2. Civil Sheets — rough and final grading, demolition, site piping ( inlet and outlet) and profiles, site improvements, sewer, and civil detail
3. Mechanical Sheets — pumps, piping, vault plans, valve and fittings, ladders, stairs, hatches, miscellaneous metal items, and hardware and mechanical details.
4. Architectural Sheets — building and exterior treatment.
5. Structural Sheets — general notes and details, foundation, longitudinal and transverse sections, miscellaneous sections, hatch openings section details, and ladder details.
6. Electrical — electrical symbols notes and abbreviations, electrical service, transformer, single line diagram, lighting plan, motor control center, conduit schedule, panel connections, connection diagram, and electrical site plan.
e. Provide Final Plans in Microstation Version 8 with a set of original mylars for reproduction in 22" x34" and 11" x17" formats. Submit the final set of 5 Cd,
plans and specifications on digital media on DC ROM in Microstation Version 8 and Microsoft Word file formats.
C. TASK 3 —ALTA VISTA ENVIRONMENTAL PROCESSING
1. Prepare the initial study and associated reports, architectural renderings, exhibits, notifications, and any other documentation to prepare a CEQA Categorical Exemption or Negative Declaration and/or other required environmental impact declarations required for construction for the pump station.
2. Prepare a Mitigated Negative Declaration ( MND) for the new pump station.
Coordinate the processing with the City's Planning Department.
3. Provide three ( 3) hard copies and one ( 1) electronic copy of reports, exhibits, and other documentation determined to be necessary.
D. TASK 4 —ALTA VISTA PREPARATION OF CONTRACT DOCUMENTS
1. Prepare and compile a complete set of contract documents including the Notice Inviting Bidders, Instructions to Bidders, Bid Schedule, Agreement, Supplemental General Conditions, Special Provisions and Technical Specifications.
2. Prepare the General and Special Provisions in accordance with the Standard Specifications for Public Works construction 2003 Edition, including all supplements to date.
3. Prepare the Technical Specifications in the CSI format and include the following primary sections.
a. General requirements
b. Sitework
c. Concrete
d. Metals
e. Finishes
f. Equipment
g. Mechanical
h. Electrical
i. Instrumentation
j. Testing
4. Append the Standard Drawings and Geotechnical Reports to the documents.
E. TASK 5 - ALTA VISTA PROJECT MANAGEMENT & MEETINGS
1. Provide on- going and frequent communication with City on project status, identifying potential project issues, and recommending resolutions. wa.a
6 g„ g
2. Maintain contact with City staff via telephone and email on a continual basis.
Provide and plan a kick- off meeting and monthly coordination meetings.
3. Provide and plan for up to fourteen coordination meetings with the City and the City' s SCADA consultant Morrow Meadows.
F. TASK 6 - ALTA VISTA PREPARATION OF ENGINNER' S ESTIMATE
1. Prepare an Engineer's Estimate of Probable Cost at the 60% and Final Plans stage of design submittals. i'
2. Ensure City has the flexibility to make ongoing decisions as to the scope and extent of the proposed project.
G. TASK 7 - ALTA VISTA BIDDING AND CONSTRUCTION SUPPORT SERVICES
1. Provide construction management support services, including attending the pre- bid meeting, addressing questions from contractors during bidding, preparation of addendums, review of shop drawings and submittals, responses to request for clarifications and request for information during construction.
2. Provide weekly inspections of six hours for a 12 week period.
3. Upon completion of construction of the pump station, prepare As- Built Drawings based on the redlines prepared by the Contractor and Inspector.
4. Attend the start- up of new pump station.
H. TASK 8 — ALTA VISTA OPERATION AND MAINTENANCE MANUALS Provide four (4) hard copies and one ( 1) electronic copy of the O& M Manual, which shall include without limitation the following items.
1. Introduction including location and service maps, owner and facility name, address and phone number.
2. Description of facility including design parameters, assumptions and considerations.
3. Copy of approved shop drawings and submittals.
4. Safety precautions and procedures.
5. Start- up procedures.
7 tit:. etc
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6. Preventative maintenance procedures.
7. Corrective maintenance procedures.
8. Emergency shut down procedures.
9. Record keeping, reporting and notification procedures.
10. Cut- away view of equipment with parts list.
11. List of supplied and/ or recommended spare parts list.
12. List of equipment suppliers and contact information for spare parts and service.
I. TASK 9 - GEOPHYSICAL SERVICES
Perform geophysical survey services pertaining to the Rindge, Yacht Club Way, Portofino, and Alta Vista Pump Stations. Locate detectable underground utilities and obstructions at each of the pump station facilities. Survey shall include the following items.
1. Geonics EM61 time domain instrument
2. Schonstedt GA-52 magnetic gradiometer
3. Fisher M- Scope TW- 6 pipe and cable locator
4. RD8000 line tracer
5. GSSI SIR 3000 ground penetrating radar (GPR) unit using a 400 MHz transducer
J. TASK 10 - STORMWATER TRASH TMDL SCREENING
1. Prepare Plans and Specifications for three new Continuous Deflective Separation Treatment units. Coordinate with the City and Contech Engineering to obtain details on sizing, location, and requirements for compliance with the " full capture" screening method.
2. Prepare preliminary design reports for each site with 90% and 100% plans to include the following items.
a. Piping
b. Civil grading
c. Excavation
d. Backfill
e. Connection details
f. Above ground paving/ landscape restoration
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EXHIBIT " C- 1"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation, including all expenses, materials, labor, shipping, tax and travel exceed the following amounts for each task as described in Exhibit " A- 1".
Task Cost
Task 1 - Data Collection and Assessment 16,965
Task 2 - Design of New Pump Station 70, 462
Task 3 - Environmental Processing 31, 233
Task 4 - Preparation of Contract Documents 8, 214
Task 5 - Project Management and Meetings 8, 748
Task 6— Preparation of Engineer' s Estimate 4, 366
Task 7 — Bidding & Construction Support Services $ 44, 043 Task 8 — Operation & Maintenance Manual 3, 162
Task 9 — Geophysical Surveys 9, 216
Task 10 - Stormwater Trash TMDL Screening 36, 190
Total for Exhibit " A- 1" 232, 599
Contractor's total compensation, including the amount paid under the Agreement dated July 5, 2016 shall not exceed $ 693, 077.
9 sp. ,
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment.
Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty ( 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit "C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Wisam Altowaiji
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 10 4ary
ACORD CERTIFICATE OF LIABILITY INSURANCE 6ns/
01M sYYY)
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. H 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).
PRODUCERArthur J. Gallagher& Co.
cuariPHOlea Arthur J Gallagher& Co.
FAX
Insurance Brokers of CA, Inc. LIC* 0726293we- tlp EW:
E
949- 349- 9800 Am. Nor 949- 349- 9962
18201 Von Karman Ave Suite 200 ADDRESS occertiftcaterequest© a)g corn Irvine CA 92612
INSURERS) AFFORDING COVERAGE NAIL 0
INSURER A• Berkshire Hathaway Homestate Insura 20044
INSURED PACIAQU- 02 INSURERB. United Specialty Insurance Company 12537 _ Pacific Advanced Civil Engineering Inc INSURER Atlantic Specialty Insurance Compan 27154 17520 Ne
alley
St.
Fountain INSURER Specialty Insurance Company 21199 Valley, CA 92708 P Y P3 Y INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 258011136 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.
LTR TYPE OF INSURANCE
SUER
CY NUMBER POL1MMIDOIYYVY) E00PM' I( C
II LIMITS
8 x
COMMERCIAL GENERALLU181LITY Y V BT01618317 4/30/2016 4/30/2017 EACH OCCURRENCE 1. 000, 000
CLAIMS MADE O OCCUR DAMAGEYORENTEO
PR RAISES( Ea occ.rence) 550.000
MED EXP( Any one person) 55, 000
PERSONAL 6 ADV INJURY 51. 000.000
GEN' LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 52. 000, 000 POLICY[ X jECT LOC PRODUCTS- COMP/ OP AGG 52, 000. 000
OTHER S
C AUTOMOBILE LIABILITY V V 7100322160004 4/ 30/2016 4/ 30/ 2017 ( BBI4DISINGLELIMn
51, 000. 000
X ANY AUTO BODILY INJURY( Per person) S
AUTOWNED SCHEDULED
BODILY INJURY( Per accident) 5
X MIRED AUTOS x
OWNED PROPERTPOAMAGE-- AUTOS
Per accident)
S
UMBRELLA LIAR _ OCCUR EACH OCCURRENCE S
EXCESS LIAB CLAIMS. MADE AGGREGATE S
DED RETENTIONS S
A WORKERS COMPENSATION
y PAWC705905 32/20163/ 2/ 2017 PER 0THANDEMPLOYERS' LIABILRIITY Y/ N
X STATUTE ER
ANY PROPRIETOPARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED' N NIA EL EACH ACCIDENT 1, 000,000 Mandatory In NH)
E L DISEASE- EA EMPLOYE 51. 000. 000
II yes descnbe oder
DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $ 1, 000,000 D PROF& POLLUTION LIAB CPP005529& 03 4/30/2016 4/ 30/ 2017 Each Claim Aggregate
3,000, 000 RETRO DATE. 1/ 01/ 1995 6.000.000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Certificate holder is included as additional insured/ primary non- contributory/ waiver of subrogation applies on the general liability, per the attached forms CG20100413 , CG20370704, USICVEN104021107 and CG24041093.' General Liability Per Project Aggregate: Capped at 5, 000, 000 General Aggregate Limit.' Certificate holder is included as additional insured/ waiver of subrogation applies, per the attached form VCA2010109. Waiver of subrogation applies to the certificate holder on the workers compensation policy, per the attached forms WC990410B914( State of CA), WC000313484 ( State of AZ) RE. 752 Rindge Lane.
Certificate Holder( s) Continued: The City, its officers, elected and appointed officials, employees, and volunteers.
CERTIFICATE HOLDER CANCELLATION
Cityof Redondo Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS.
Engineenng Services Division
Attn' Geraldine Trivedi, P. E.
AUTHORIZED REPRESENTATIVE 415 Diamond Street, Door E
Redondo nnq Beach CA 90277
7 ;
C 1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25( 2014/ 01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BTO1618317 COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) Or
Organization( s) Location( s) Of Covered Operations
When required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury' caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment
1. Your acts or omissions; or
furnished in connection with such work, on the
2. The acts or omissions of those acting on your behalf; project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However:
intended use by any person or organization other
1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in performing operations for a principal as a part of
2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
CG 2010 0413© Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
POLICY NUMBER: BTO1618317 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) Location And Description Of Completed OperaOr Organization( s): tions As per written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization( s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the " productscompleted operations hazard".
CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER: BTO1618317
UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY — PLEASE READ IT CAREFULLY USIC VEN 104 02 11 07
PRIMARY AND NON- CONTRIBUTORY WORDING
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
1) a written contract or written agreement specifically requires that this insurance apply on a primary and non- contributory basis; or
2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.
USIC VEN 104 02 11 07 Page 1 of 1
POLICY NUMBER: BTO 1618317 COMMERCIAL GENERAL LIABILITY CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: As per written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition ( Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following.
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the " products- completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 7100322160004
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE
This endorsement modifies insurance provided under the following.
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured By Contract 12. Employee Hired Autos
2. Airbag Discharge 13. Fellow Employee Exclusion
3. Auto Theft Reward 14. Glass Repair— Waiver of Deductible
4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage
5. Bodily Injury Redefined— Mental Anguish 16. Lease Gap Coverage
6. Broad Form Named Insured 17. Liability Coverage— Supplementary Payments
7. Communications Equipment 18. Newly Formed or Acquired Organizations
8. Diminution in Value 19. Physical Damage— Transportation Expenses
9. Drive Other Car— Executive Officers 20. Rental Reimbursement— Private Passenger
10. Duties In The Event of Accident, Claim, Suit or Loss Vehicles
11. Employees As Insureds 21. Towing— Any Covered Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an additional" insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an" insured" only with respect to liability for" bodily injury' or" property damage" caused, in whole or in part by your maintenance, operation or use of your covered" autos".
With respect to the insurance afforded to these additional" insureds", this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the bodily injury" or" property damage";
b. To any person or organization included as an" insured" by endorsement or in the Declarations; or c. To any lessor of" autos" when their contract or agreement with you for such leased " auto" ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered-" auto" under this policy, we will pay to reset or replace an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer' s warranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a $ 2, 000 reward in the event of a covered loss, for information leading to the arrest and conviction of anyone stealing a covered " auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty.
4. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered " auto" when you have assumed liability for such " bodily injury" or " property damage" under an " insured contract", provided the contract is in writing and executed prior to the" bodily injury" or" property damage".
5. BODILY INJURY REDEFINED— MENTAL ANGUISH
The definition of" bodily injury" under SECTION V— DEFINITIONS is replaced by the following:
Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time.
VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, OneBeacon Insurance Group LLC
E- INSURED
6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 1801" day or the end of the policy period whichever comes first, provided there is no other similar insurance available to that organization. b. Paragraph a. of this provision 6. does not apply to " bodily injury" or " property damage" for which an " insured" is also an " insured" under any other automobile policy or would be an " insured" under such a policy, but for its termination or the exhaustion of its Limit of Insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to loss of any permanently installed, non- removable communications equipment designed for use as a:
1. Citizen' s band radio;
2. Two-way mobile radio or telephone;
3. Scanning monitor receiver; or
4. GPS Navigation System,
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is$ 5, 000 per occurrence.
8. DIMINUTION IN VALUE
The " diminution in value" exclusion under SECTION III— PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered " auto" is a private passenger " auto" and is leased, rented, hired or borrowed without a driver for a period of 30 days or less and is used in the conduct of the insured' s business. The most we will pay for" loss" arising out of an " accident" is the lesser of$ 7, 500 or 20% of the actual cash value of the auto" as determined by Kelley Blue Book or other independent valuation sources.
9. DRIVE OTHER CAR— EXECUTIVE OFFICERS
a. The Who Is An Insured provision under SECTION If— LIABILITY COVERAGE is amended to include:
If you are designated in the Declarations as:
1. An individual; you and your spouse.
2. A partnership; your partners and their spouses.
3. An organization other than an individual or a partnership; your" executive officers" and their spouses. b. SECTION II — LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are extended to include " autos" you don' t own, hire, lease or borrow while in the care, custody or control of an insured" listed in 9. a. This does not include any" auto":
1. Owned by any " insured" listed in 9. a., or any member of their household, including any such " auto" that is owned but not insured;
2. Used by an " insured" listed in 9.a. while working in the business of selling, servicing, repairing or parking autos; or
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9. a. above and family members residing in the same households are " insureds" while:
1. Occupying as a passenger; or
2. A pedestrian when struck by,
any " auto" you do not own, hire, lease or borrow, except any" auto" owned by that" insured" listed in 9. a, their family members or an " auto" insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned " auto" for the specific insurance.
Copyright 2004, OneBeacon Insurance Group LLC
d. The following definition is added to the DEFINITIONS section of the policy:
Executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any similar governing document. a The Other Insurance Condition, under Section IV — BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no " other insurance" applicable to this endorsement.
10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV— BUSINESS AUTO CONDITIONS— the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows:
The requirements that you must:
a. Notify us of an" accident", claim, " suit" or" loss"; and b. Send us documents concerning a claim or" suit",
apply only when such" accident", claim, " suit" or" loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
c. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company.
11. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is changed by adding the following:
Any " employee" of yours while using a covered " auto" you don' t own, hire or borrow in your business or your personal affairs. This coverage is excess over any other collectible insurance.
12. EMPLOYEE HIRED AUTOS
The following is added to the Who Is An Insured Provision:
An" employee" of yours is an" insured" while operating an" auto" hired or rented under a contact or agreement in that " employee' s" name, with your permission, while performing duties related to the conduct of your business.
For purposes of this coverage grant, paragraph 5. b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by 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".
This coverage is excess over any other collectible insurance.
13. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II— LIABILITY COVERAGE does not apply if the" bodily injury" results from the use of a covered " auto" you own or hire. This coverage is excess over any other insurance.
14. GLASS REPAIR— WAIVER OF DEDUCTIBLE
Under paragraph D. — Deductible — of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added:
No deductible applies to glass damage it the glass is repaired rather than replaced.
15. HIRED AUTO— PHYSICAL DAMAGE COVERAGE
If hired" autos" are covered" autos" under SECTION 11— LIABILITY COVERAGE and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this policy for any " auto" you own, then SECTION III— PHYSICAL DAMAGE COVERAGE is extended to" autos" you hire, subject to the following limit:
The most we will pay for" loss" to any hired" auto" is the lesser of:
a. $ 75, 000 for" autos" of the private passenger type and$ 50, 000 for all other" autos"; VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneBeacon Insurance Group LLC
b. The actual cash value; or
c. The cost of repairing or replacing it with other property of like kind or quality.
The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage. No deductible applies to" loss" caused by fire or lightning.
Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered" auto" you own.
We will also cover loss of use of the hired" auto" if the following conditions are met:
a. It results from an accident;
b. You are legally liable; and
c. The lessor incurs an actual financial loss.
The most we will pay for this loss of use coverage is$ 1, 000 per" accident".
16. LEASE GAP COVERAGE
Under paragraph C. Limit of Insurance— of SECTION III— PHYSICAL DAMAGE COVERAGE, the following is added:
If a covered " auto" is leased, we will also pay the difference between the actual cash value of a covered " auto" at the time of" loss" and the remaining balance on your lease if the following conditions are met:
a. The" auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance.
We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees.
17. LIABILITY COVERAGE EXTENSIONS— SUPPLEMENTARY PAYMENTS Under SECTION II— LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows:
a. The limit for the cost of bail bonds is amended to$ 3, 500 b. The limit for reasonable expenses incurred by the" insured" is amended to$ 500 a day.
18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
a. The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an " insured" any organization that is formed or acquired by you and over which you maintain majority ownership.
b. Paragraph a. of this provision 18. does not apply to any organization:
1. That is a joint venture or partnership;
2. That is an" insured" under any other policy;
3. That has exhausted its Limit of Insurance under any other policy; or
4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. c. Paragraph a. of this provision 18. does not apply to" bodily injury" or " property damage" that results from an " accident" that occurred before you formed or acquired the organization.
19. PHYSICAL DAMAGE— TRANSPORTATION EXPENSES COVERAGE
Under SECTION III— PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to$ 75 per day and the maximum is amended to$ 2, 250.
20. RENTAL REIMBURSEMENT
We will pay for rental reimbursement expenses incurred by you for the rental of an" auto" of the private passenger type because of" loss" to a" covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount of each coverage you have on a" covered auto". No deductibles apply to this coverage.
We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, six ( 6) days after the" loss".
Copyright 2004, OneBeacon Insurance Group LLC
Payment is limited to the lesser of the following amounts:
1. Necessary and actual expenses incurred.
2. The maximum daily payment of$ 25 for any one day.
This coverage does not apply while there are spare or reserve" autos" available to you.
If" loss" results from the total theft of the private passenger " auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Extension.
21. TOWING— COVERED AUTOS
Under SECTION III— PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows:
a. This coverage applies to any covered " auto" for which a premium charge for towing and labor is shown in the Schedule or in the Declarations.
b. The limit is$ 100.
VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, OneBeacon Insurance Group LLC
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B Ed. 9- 14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
BLANKET BASIS
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 a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/ Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All CA Operations 3388. 00
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 03/ 02/ 2016 Policy No. PAWC705905 Endorsement No.
Insured Premium$
Insurance Company Berkshire Hathaway Homeslate Ins Co
Countersigned by
WC 99 04 108
Ed. 9- 14)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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 a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/ Organization: Blanket Waiver- Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All AZ Operations 737. 00
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' 03/ 02/ 2016 Policy No.: PAWC705905 Endorsement No.' Insured: Premium$
Insurance Company: Berkshire Hathaway Homeslate Ins Co
WC 00 0313
Countersigned by
Ed. 4- 84)
01983 National Council on Compensation Insurance
ACRoe
CERTIFICATE OF LIABILITY INSURANCE
oArelMmmDYYm
3/ 5/ 2019.._
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( les) must have ADDITIONAL INSURED provisions or be endorsed.
It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certeln 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 CONIACY
Arthur J. Gallagher& Co. PHONE Arthur J. Gallagher& Co.
FAX
Insurance Brokers of CA. Inc. License# 0726293 IA/ C. No. EXU: 818 539- 1492 IA/C, Not: 818 5391792 18201 Von Kar man Ave Suite 200 ADDRESS: CertRequests© ajg. com Irvine CA 92612
INEURER( 5) AFFORDING COVERAGE NAIC0
INSURER A: Evanston Insurance Company 35378
INSURED PACIAOU- 02
INSURER B: Atlantic Specialty InsUrance' Company 27.154 Pacific Advanced Civil Engineering Inc
17520 NewhOpe St. INSURERC: Berkshire. Hathaway. Homestatelnsurance. Company 20044.
Fountain Valley, CA 92708 INSURERD: Arch Specialty Insurance Company 21199 INSURER E:
INSURERF.:
COVERAGES CERTIFICATE. NUMBER: 1986707061 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 BEENN REDUCED BY PAID CLAIMS.
ILTR TYPE OF INSURANCE
ADDL SUER PMDDYEFF POLICYM/
IVSD YyVn PODCY NUMBER IMMIDOM- YYI IMMIDOIYYYYI - - OMITS A X COMMERCIAL GENERALLIABIUTY Y MKLV5PBC000074 4/ 30/2018 4/ 30/ 2019 EACH OCCURRENCE 51, 000,000, CLAIMS- MADE X. OCCUR
DAMAGE TO RENTED
PREMISES( En occurrence) 5300, 000
MED EXP( Any one person) 55. 000.
PERSONAL& ADV INJURY 51, 000,000
GEM' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52. 000, 000 POLICY X JEC LOC PRODUCTS- COMP/ OP. AGG S 2, 000, 000
OTHER:. E
B AUTOMOBILE LU1eiDCOMBINED Y Y 710032216- 0006 4/ 30/2018 4/ 30/2019 BODILY
Ea accident)
SINGLE
51, 000, 000
X ANY AUTO BINJURY( Per person) S
OWNED SCHEDULED
BODILY INJURY( Per accident) 5
AUTOS ONLY AUTOS
X
HIRED XNON- OWNED PROPERTY DAMAGE
5 AUTOS ONLY AUTOS ONLY Per acadent)
5 OCCUR EACH OCCURRENCE 51. 000. 000
A UMBRELLA UAB X Y Y MKLVSEUL700961 4/ 30/2018 4/ 30/2019 XEXCESS DAB CLAIMS- MADE AGGREGATE 51, 000, 000
DED RETENTIONS 5.
C WORKERSCOMPENSATION Y PAWC915027 3/2/2019 3/2/2020 X
STATUTE
AND EMPLOYERS' LIABILITY Y/ N
ANYPROPRIETOR/ PARTNERIEXECUTIVEEL, EACH ACCIDENT 1, 000, 000 OFFICER/ MEMBEREXCLUDED? n N/ A
Mandatory In NH) E. L. DISEASE- EA EMPLOYEE $ 1, 000. 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT . 5. 1. 000, 000 -_.
O PROFS POLLUTION LIAR GPPDDI IDDD$ 4/ 30/ 2018 4/ 30/ 2019 Each Clelm 1, 000, 000.
RETRO DATE: 1/ 01/ 1995 Aggregate 1. 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS IVENICLES ( ACORD 101,- AtltlitlonAl Remarks ScMdula; rtuyMattached ttmoro space broqulrotll Certificate holder is included asadditional insured/ primary non- contributory on the' general liability, portico attached forms CO20101185. and CG 20010413.
Certificate holder is included as additional insured on the auto liability policy, per the attached form VCA2010109. General Liability Aggregate PER PROJECT:
2, 000, 000
RE: 752 Rindge Lane.
Certificate. Holder( s) Continued: The City, its officers, elected and appointed officials, employees, and volunteers.
CERTIFICATE HOLDER. CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Redondo Beach COI ACCORDANCE WITH THE POLICYPR_OVI_SIONS.
Public Worksbepartment
Engineering Services Division AUTHORIZED EPRES ENTATI IE Redondo Beach CA 90277 Ple n
f r /
m1988- 2015ACORD' CORPORATION: All rights reserved:
ACORD 25( 2016/ 03) The ACORD name and logo are registered marks of ACORD
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS
FORM B)
This endorsementmodifies insurance provided under the following:
COMMERCIAL GENERAL. LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
As required by written contract executed by both parties prior to loss Applies to commercial work only
If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of" your Work" for that insured by or for you.
CG20101185 Copyright, Insurance Services Office, Inc.
POLICY NUMBER: MKLVSPEC000074
COMMERCIAL GENERAL LIABILITY
CG 20010413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY..
PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsementmodifies insurance provided under the following:
COMMERCIAL.GENERAL LIABILITY COVERAGE PART
PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance 2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and. would not seek contribution
Primary Md Noncontributory Insurance from any other insurance available fp the This insurance is primary to and will notseek
additional insured.
contribution from any other insurance available
to an additional insured under your policy
provided that:
1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 0413 Insurance Services Office, Inc.,. 2012 Page 1 of 1 POLICY NUMBER-: 710032216- 0006
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT' CAREFULLY. @VANTAGE FOR AUTOMOBILE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extentof your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured By Contract 12. Employee Hired Autos
2. Airbag Discharge 13. Fellow Employee Exclusion
3. Auto Theft Reward 14. Glass Repair— Waiver of Deductible
4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage, Coverage
5. Bodily Injury Redefined— Mental Anguish 16. Lease Gap Coverage
6. Broad Form Named Insured 17. Liability Coverage Supplementary Payments
7. CommunIcations Equipment 18, Newly Formed or Acquired Organizations
8. Diminution in Value 19. Physical Damage— Transportation Expenses
9. Drive Other Car— Executive Officers 20. Rental Reimbursement.— Private Passenger
10. Duties In The Event of Accident, Claim, Suit or Loss_ Vehicles
11. Employees As Insureds 21. Towing— Any Covered Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an additional" insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an"insured" only with respect to liability for" bodily Injury" or" property damage" caused, in whole or in part by your maintenance, operation or use of your covered" autos".
With respect to the insurance afforded to these additional" insureds", this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the bodily injury" or" property damage";
b. To any person or organization included as an" insured" by endorsement or in the Declarations; or c,. To any lessor of" autos" when their contract or agreement with you for such leased" auto" ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered " auto" under this policy, we will pay to reset or re place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer' swarranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a $ 2, 000 reward in the event of a covered loss, for information leading to the arrestand conviction of anyone stealing a covered " auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty.
4. BLANKET WAIVER OE SUBROGATION
The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered" auto" when you have assumed liability for such " bodily injury" or" property damage" under an " insured contract", provided the contract is in writing and executed prior to the" bodily injury" or" property damage".
S. BODILY INJURY REDEFINED— MENTAL ANGUISH
The definition of" bodily injury" under SECTION V— DEFINITIONS is replaced by the following:
Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental. anguish or death resulting from any of these at any time,
VCA 201 01 0a Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, OneBeacon Insurance Group LLC
E- INSURED
6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180'" day or the end of the policy period whichever comes first, provided there is no other similar insurance available to that organization. b. Paragraph a. of this provision 6. does not apply to " bodily injury" or " property damage" for which an " insured" Is also an " insured" under any other automobile policy or would be an " insured" under such a policy, but for its termination or the exhaustion of its Limit of Insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE does. not apply to loss of any permanently installed, non-removable communications equipment designed for use as a:
1. Citizen' s band radio:
2. Two-way mobile radio or telephone;
3. Scanning monitor receiver; or
4. GPS Navigation System,
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is$ 5, 000 per occurrence.
8. DIMINUTION IN VALUE
The" diminution in value" exclusion under SECTION III— PHYSICAL DAMAGE', COVERAGE, B. Exclusions does not apply if the covered " auto" is a private passenger " auto" and is leased, rented, hired or borrowed without a driver for a period of 30 days or less and is used in the conduct of the insured' s business. The most we will pay for"loss" arising out of an" accident" is the lesser of$ 7, 500 or 20% of the actual cash value of the auto" as determined by Kelley Blue Book or other independent valuation sources.
9. DRIVE OTHER CAR— EXECUTIVE OFFICERS
a. The Who is An Insured provision under SECTION it- LIABILITY COVERAGE is amended to. include:
If you are designated in the Declarations as:
1. An individual; you and your spouse.
2. A partnership; your partners and their spouses.
3. An organization other than an individual or a partnership; your" executive officers" and their spouses. b. SECTION It — LIABILITY COVERAGE and SECTION III— PHYSICAL DAMAGE COVERAGE are extended to include " autos" you don' t own, hire, lease or borrow while in the care, custody or control of an insured" listed in 9. a. This does not include any" auto":
1. Owned by any " insured" listed in 9. a., or any member of their household, including any such " auto" that is owned but not Insured;
2.. Used by an " insured" listed in 9. a. while working in the business of selling, servicing, repairing or parking autos; or
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9. a. above and family members residing in the same households are" insureds" while:
1. Occupying as a passenger; or
2. A pedestrian when struck by,
any" auto" you do not own, hire, lease or borrow, except any" auto" owned by that" insured" listed in 9. a, their family members or an" auto" insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned " auto" for the specific Insurance.
Copyright 2004, Oneeeacoh Insurance Group LLC
d. The following definition is added to the DEFINITIONS section of the policy:
Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV- BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no" other insurance" applicable to this endorsement.
10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV- BUSINESS AUTO CONDITIONS- the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows:
The requirements that you must:
a. Notify us of an" accident", claim," suit" or" loss"; and b. Send us documents concerning a claim or" suit",
apply only when such" accident", claim," suit" or" loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
c. An executive officer of the corporation or insurance manager; if you are a corporation; or d. A manager, if you are a limited liability company.
11. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II- LIABILITY COVERAGE is changed by adding the following:
Any " employee" of yours while using a covered " auto" you don' t own, hire or borrow in your business or your personal affairs. This coverage is excess over any other collectible insurance.
12. EMPLOYEE HIRED AUTOS
The following is added to the Who Is An Insured Provision:
An" employee" of yours is an" insured" while operating an" auto" hired or rented under a contact or agreement in that" employee' s" name, with your permission, while performing duties related to the conduct of your business.
For purposes of this coverage grant, paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by 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, whileperforming 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".
This coverage is excess over any other collectible insurance.
13. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II— LIABILITY COVERAGE does not apply if the" bodily injury" results from the use of a covered " auto" you own or hire. This coverage is excess over any other insurance.
14. GLASS REPAIR- WAIVER OF DEDUCTIBLE
Under paragraph D. - Deductible - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
15. HIRED AUTO- PHYSICAL DAMAGE COVERAGE
If hired" autos" are covered" autos" under SECTION II- LIABILITY COVERAGE and if Comprehensive,, Specifled Causes of Loss, or Collision coverages are provided under this policy for any " auto" you own, then SECTION III- PHYSICAL DAMAGE COVERAGE is extended to" autos" you hire, subject to the following limit:
The most we will pay for" loss" to any hired" auto" is the lesser of:
a. $ 75, 000 for" autos" of the private passenger type and$ 50, 000 for all other" autos"; VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneBeacon Insurance Group LLC
b. The actual cash value; or
c. The cost of repairing or replacing it with other property of like kind or quality.
The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage. No deductible applies to" loss" caused by fire or lightning.
Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered" auto" you own.
We will also cover loss of use of the hired" auto" if the following conditions are met:
a. It results from an accident;
b. You are legally liable; and
c. The lessor incurs an actual financial loss.
The most we will pay for thisloss of use coverage is-$ 1, 000 per" accident".
16. LEASE GAP COVERAGE
Under paragraph C. Limit of Insurance— of SECTION III— PHYSICAL DAMAGE COVERAGE, the following is added:
If a covered " auto" is leased, we will also pay the difference between the actual cash value of a covered " auto" at the time of" loss" and the remaining balance on your lease if the following conditions are met:
a. The" auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional insured in a written lease agreement. c. You are legally obligated for the remaining balance.
We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees.
17. LIABILITY COVERAGE EXTENSIONS— SUPPLEMENTARY PAYMENTS Under SECTION II— LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows:
a. The limit for the cost of bail bonds is amended to$ 3, 500. b. The limit for reasonable expenses incurred by the" insured" is amended to$ 500 a day.
18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
a. The Who Is An Insured provision under SECTION Il— LIABILITY COVERAGE' is amended to include as an " insured" any organization that is formed or acquired by you and over which you maintain majority ownership.
b. Paragraph a. of this provision 18. does not apply to any organization:
1. That is a joint venture or partnership;
2. That is an" insured" under any other policy;
3. That has exhausted its Limit of Insurance under any other policy; or
4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. c. Paragraph a. of this provision 18. does not apply to" bodily injury" or" property damage" thatresults from an" accident" that occurred before you formed or acquired the organization.
19. PHYSICAL DAMAGE— TRANSPORTATION EXPENSES COVERAGE
Under SECTION III— PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to$ 75 per day and the maximum is amended to$ 2, 250.
20. RENTAL REIMBURSEMENT
We will pay for rental reimbursement expenses incurred by you for the rental of an" auto" of the private passenger type because of" loss" to a" covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount ofeach coverage you have on a" covered auto". No deductibles apply to this coverage.
We will pay those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy' s expiration, six( 6) days after the" loss".
Copydght 2004, Onepeacdn Insurance Group LLC
Payment is limited to the lesser of the following amounts:
1. Necessary and actual ezper ses Incurred.
2. The maximum daily payment of$ 25 for any one day.
This coverage does not apply while there are.spare or reserve" autos" available to you.
If" loss" results from the total theft of the private passenger" auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Extension.
21. TOWING— COVERED AUTOS
Under SECTION III— PHYSICALDAMAGE COVERAGE, Coverage for Towing is amended as follows:
a. This coverage applies to any covered" auto" for which a premium charge for towing and labor is shown in the Schedule or in the Declarations.
b. The limit is$ 100.
VGA 201 01 09 Includes copyrighted material of Insurance Services office, Inc. Page 5 of 5 Copyright 2004, Oneeeacon Insurance Group LLC
AGREEMENT FOR CONSULTING SERVICES
BETWEEN THE CITY OF REDONDO BEACH
AND PACIFIC ADVANCED CIVIL ENGINEERING, INC.
THIS AGREEMENT FOR CONSULTING SERVICES ( this " Agreement") is made between the City of Redondo Beach, a Chartered Municipal Corporation (" City") and Pacific Advanced Civil Engineering, Inc., a California Corporation (" Consultant" or Contractor").
The parties hereby agree as follows:
1. Description of Prosect or Scope of Services. The project description or scope of services to be provided by Consultant, and any corresponding responsibilities of City, or services required to be performed by City are set forth in Exhibit "A."
2. Term and Time of Completion. Consultant shall commence and complete the project or services described in Exhibit " A" in accordance with the schedule set forth in Exhibit " B".
3. Compensation. City agrees to pay Consultant for work performed in accordance with Exhibit "C".
GENERAL PROVISIONS
1. Independent Contractor. Consultant acknowledges, represents and warrants that Consultant is not a regular or temporary employee, officer, agent, joint venturer or partner of the City, but rather an independent contractor. This Agreement shall not be construed as a contract of employment. Consultant shall have no rights to any benefits which accrue to City employees unless otherwise expressly provided in this Agreement. Due to the independent contractor relationship created by this Agreement, the City shall not withhold state or federal income taxes, the reporting of which shall be Consultant' s sole responsibility.
2. Brokers. Consultant acknowledges, represents and warrants that Consultant has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
3. City Property. All plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Agreement shall upon request be delivered to the City within a reasonable time, and the rights thereto shall be deemed assigned to the City. If applicable, Consultant shall prepare check prints upon request. Said plans, drawings, 6 reports, calculations, data, specifications, videos, graphics or other materials, shall be specific for the project herein and shall not be used by the City for any other project without Consultant' s consent. Notwithstanding the foregoing, Consultant shall not be obligated to assign any proprietary software or data developed by or at the direction of Consultant for Consultant' s own use; provided, however, that Consultant shall, pursuant to Paragraph 14 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of any such proprietary software or data.
4. Inspection. If the services set forth in Exhibit "A" shall be performed on City or other public property, the City shall have the right to inspect such work without notice. If such services shall not be performed on City or other public property, the City shall have the right to inspect such work upon reasonable notice.
Inspections by the City shall not relieve or minimize the responsibility of Consultant to conduct any inspections Consultant has agreed to perform pursuant to the terms of this Agreement. Consultant shall be solely liable for said inspections performed by Consultant. Consultant shall certify in writing to the City as to the completeness and accuracy of each inspection required to be conducted by Consultant hereunder.
5. Services. The project or services set forth in Exhibit " A" shall be performed to the full satisfaction and approval of the City. In the event that the project or services set forth in Exhibit " A" are itemized by price in Exhibit " C", the City in its sole discretion may, upon notice to Consultant, delete certain items or services set forth in Exhibit " A", in which case there shall be a corresponding reduction in the amount of compensation paid to Consultant. City shall furnish Consultant to the extent available, with any City standards, details, specifications and regulations applicable to the Project and necessary for the performance of Consultant' s services hereunder. Notwithstanding the foregoing, any and all additional data necessary for design shall be the responsibility of Consultant.
6. Records. Consultant, including any of its subcontractors shall maintain full and complete documents and records, including accounting records, employee time sheets, work papers, and correspondence pertaining to the project or services set forth in Exhibit " A". Consultant, including any of its subcontractors shall make such documents and records available for City review or audit upon request and reasonable notice, and shall keep such documents and records, for at least four 4) years after Consultant' s completion of performance of this Agreement.
Copies of all pertinent reports and correspondence shall be furnished to the City for its files.
7. Changes and Extra Work. All changes and/ or extra work under this Agreement shall be performed and paid for in accordance with the following:
2 m
Only the City Council, City Manager, or the Department Head responsible for the administration of, or supervision of the scope of work under, this Agreement may authorize extra and/ or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/ or changed work or waive contract requirements. Failure of Consultant to secure the authorization for such extra and/ or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
If Consultant is of the opinion that any work which Consultant has been directed to perform is beyond the scope of this Agreement and constitutes extra work, Consultant shall promptly notify the City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, City shall provide extra compensation to Consultant on a fair and equitable basis. A written amendment providing for such compensation for extra work shall be executed by Consultant and the City.
8. Additional Assistance. If this Agreement requires Consultant to prepare plans and specifications, Consultant shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Consultant shall issue any necessary addenda to the plans and specifications as requested. In the event Consultant is of the opinion that City' s requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of this Agreement.
9. Professional Ability. Consultant acknowledges, represents and warrants that Consultant is skilled and able to competently provide the services hereunder, and possesses all professional licenses, certifications, and approvals necessary to engage in its occupation. City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement.
Consultant shall perform in accordance with generally accepted professional practices and standards of Consultant's profession.
10. Business License. Consultant shall obtain a Redondo Beach Business License before performing any services required under this Agreement. The failure to so obtain such license shall be a material breach of this Agreement and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual circumstances without necessitating any modification of this Agreement to reflect such waiver.
11. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the 3 project or services hereunder, immediately upon written notice to Consultant. In the event of any such termination, Consultant shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; and ( 2) necessary materials or services of others ordered by Consultant for this Agreement, prior to Consultant' s receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, and further provided that Consultant is not able to cancel such orders. Compensation for Consultant in such event shall be determined by the City in accordance with the percentage of the project or services completed by Consultant; and all of Consultant' s finished or unfinished work product through the time of the City' s last payment shall be transferred and assigned to the City. In conjunction with any termination of this Agreement, the City may, at its own expense, make copies or extract information from any notes, sketches, computations, drawings, and specifications or other data, whether complete or not.
12. Termination in the Event of Default. Should Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may immediately terminate this Agreement by giving written notice of such termination, stating the reasons for such termination. Consultant shall be compensated as provided immediately above, provided, however, there shall be deducted from such amount the amount of damages if any, sustained by the City by virtue of Consultant' s breach of this Agreement.
13. Conflict of Interest. Consultant acknowledges, represents and warrants that Consultant shall avoid all conflicts of interest ( as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Agreement. Consultant further acknowledges, represents and warrants that Consultant has no business relationship or arrangement of any kind with any City official or employee with respect to this Agreement. Consultant acknowledges that in the event that Consultant shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Agreement, all consideration received under this Agreement shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Agreement for one ( 1) year.
14. Indemnity Design Professional Services. In connection with its design professional services and to the maximum extent permitted by law, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, agents, and designated volunteers ( collectively, " Indemnitees"), with respect to any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense, which arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement.
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a. Other Indemnities. In connection with any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense ( collectively, " Damages" hereinafter) not covered by the foregoing paragraph, and to the maximum extent permitted by law, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages. Notwithstanding the foregoing, nothing in this Section 14 shall be construed to encompass Indemnitees' active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782( b). Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement. b. Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Consultant because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
c. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees.
15. Insurance. Consultant shall comply with the requirements set forth in Exhibit " D." Insurance requirements that are waived by the City' s Risk Manager do not require amendments or revisions to this Agreement.
16. Non- Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement.
17. Compliance with Laws. Consultant shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Agreement, including without limitation all environmental laws, employment laws, and nondiscrimination laws. a. Acknowledgement. Consultant acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to the City, forfeit twenty5 0 fM. R
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five dollars ($ 25) for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/ 2 times the basic rate of pay. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor' s compliance with Labor Code Sections 1810, 1813 and 1815, and Consultant shall include in the written contract between it and each subcontractor copies of Labor Code Sections 1810, 1813 and 1815 and a requirement that each subcontractor shall comply with these aforementioned sections. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor comply with Labor Code Sections 1810, 1813 and 1815, Consultant shall diligently take corrective action to halt or rectify the failure.
b. Prevailing Wages. City and Consultant acknowledge that this project is a public work to which prevailing wages apply. Consultant shall comply with the Agreement to Comply with California Labor Law Requirements set forth in Exhibit "E", which is attached hereto and incorporated by reference.
18. Limitations upon Subcontracting and Assignment. Consultant acknowledges that the services which Consultant shall provide under this Agreement are unique, personal services which, except as otherwise provided herein, Consultant shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion. In the event that the City, in writing, approves any assignment or subletting of this Agreement or the retention of subcontractors by Consultant, Consultant shall provide to the City upon request copies of each and every subcontract prior to the execution thereof by Consultant and subcontractor. Any attempt by Consultant to assign any or all of its rights under this Agreement without first obtaining the City' s prior written consent shall constitute a material default under this Agreement.
The sale, assignment, transfer or other disposition, on a cumulative basis, of twenty- five percent ( 25%) or more of the ownership interest in Consultant or twenty- five percent ( 25%) or more the voting control of Consultant ( whether Consultant is a corporation, limited liability company, partnership, joint venture or otherwise) shall constitute an assignment for purposes of this Agreement.
Further, the involvement of Consultant or its assets in any transaction or series of transactions ( by way of merger, sale, acquisition, financing, transfer, leveraged buyout or otherwise), whether or not a formal assignment or hypothecation of this Agreement or Consultant' s assets occurs, which reduces Consultant' s assets or 6 net worth by twenty- five percent ( 25%) or more shall also constitute an assignment for purposes of this Agreement.
19. Subcontractors. Consultant shall provide properly skilled professional and technical personnel to perform any approved subcontracting duties. Consultant shall not engage the services of any person or persons now employed by the City without the prior written approval of City, which approval may be withheld in the City' s sole and absolute discretion.
20. Integration. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Consultant and City may be used to assist in the interpretation of the exhibits to this Agreement.
21. Amendment. This Agreement may be amended or modified only by a subsequent written amendment executed by both parties.
22. Conflicting Provisions. In the event of a conflict between the terms and conditions of this Agreement and those of any exhibit or attachment hereto, this Agreement proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by the City shall prevail over those prepared by Consultant.
23. Non- Exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Consultant hereunder shall be non- exclusive, and City reserves the right to employ other contractors in connection with the project.
24. Exhibits. All exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit " A" which does not pertain to the project description, proposal, or scope of services ( as applicable) to be provided by Consultant, or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Agreement.
25. Time of Essence. Time is of the essence of this Agreement.
26. Confidentiality. To the extent permissible under law, Consultant shall keep confidential its obligations hereunder and the information acquired during the performance of the project or services hereunder.
27. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Agreement shall not be considered " third parties."
28. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of 7 AIF4a
law. Venue for any litigation or other action arising hereunder shall reside exclusively in the Superior Court of the County of Los Angeles, Southwest Judicial District.
29. Attorneys' Fees. In the event either party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees ( including expert witness fees) and costs.
This provision shall survive the termination of this Agreement.
30. Claims. Any claim by Consultant against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six (6) months after accrual of the cause of action.
31. Interpretation. Consultant acknowledges that it has had ample opportunity to seek legal advice with respect to the negotiation of this Agreement. This Agreement shall be interpreted as if drafted by both parties.
32. Warranty. In the event that any product shall be provided to the City as part of this Agreement, Consultant warrants as follows: Consultant possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets all specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one ( 1) year from the date of delivery; and the product shall be fit for its intended purpose( s). Notwithstanding the foregoing, consumable and maintenance items such as light bulbs and batteries) shall be warranted for a period of thirty ( 30) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Consultant, at Consultant' s expense, including shipping.
Consultant shall not be liable under this warranty for an amount greater than the amount set forth in Exhibit " C" hereto.
33. Severance. Any provision of this Agreement that is found invalid or unenforceable shall be deemed severed, and all remaining provisions of this Agreement shall remain enforceable to the fullest extent permitted by law.
34. Authority. City warrants and represents that upon City Council approval, the Mayor of the City of Redondo Beach is duly authorized to enter into and execute this Agreement on behalf of City. The party signing on behalf of Consultant warrants and represents that he or she is duly authorized to enter into and execute this Agreement on behalf of Consultant, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Agreement on behalf of Consultant.
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35. Waiver. The waiver by the City of any breach of any term or provision of this Agreement shall not be construed as a waiver of any subsequent breach.
SIGNATURES FOLLOW ON NEXT PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 5th day of July, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
Mayor
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Name: Micxf ,E fpcLmr3
Title: V166am s YR£ v.Si
ATTEST: APPROVED:
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City Clerk Risk ager
APPROVED AS TO FORM:
City Attorney' s Office
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IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach, California, as of this 5th day of July, 2016.
CITY OF REDONDO BEACH PACIFIC ADVANCED CIVIL ENGINEERING, INC.
By:
Mayr / Name:
Title:
ATTEST: APPROVED:
City Cler. Ri Manager
APPROVED AS TO FORM:
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City Attorney' s Office
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EXHIBIT " A"
PROJECT DESCRIPTION AND/OR SCOPE OF SERVICES
CONSULTANT' S DUTIES
Consultant shall perform the following duties to rehabilitate and replace the Rindge Sewer and the Yacht Club Way & Portofino Way Pump Stations, and associated appurtenances.
A. TASK 1 — DATA COLLECTION AND ASSESSMENT
1. Review and validate the City' s current System Evaluation & Capacity Assurance Plan findings, and collect all existing data and information relevant to the Rindge, Yacht Club Way, and Portofino Way Pump Stations.
2. Provide materials, including maps, drawings, sewer system hydraulic analysis, and the preferred list of manufacturer and equipment for mechanical and electrical components.
3. Conduct preliminary survey including topography, underground utilities and geotechnical investigation, including two subsurface soil borings for each site.
B. TASK 2 — DESIGN OF NEW SEWAGE PUMP STATION
1. Preliminary Design Report
a. Prepare a Preliminary Design Report to evaluate alternative locations and facilities for the new pump stations before the final design. b. Include a submersible facility with two pumps capable of conveying the peak wet weather flow, a standby generator with an automatic transfer switch, two ultrasonic level sensors, backup float switches, Programmable Logic Controllers, Human Machine Interface, and Supervisory Control and Data Acquisition ( SCADA) in the design. c. Complete a Preliminary Design Report and have it wet stamped by a licensed Civil Engineer.
d. Include the replacement of the existing force main along an alternative alignment and any aboveground enclosures in the design. e. Include the following components in the Preliminary Design Report.
1. An alternative location analysis including a map showing alternative locations evaluated and rational for selecting the recommended site.
2. Preliminary facility layout.
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3. Preliminary piping schematic for inflow and forcemain pipelines and modifications to connections.
4. Listing of preferred manufacturer and equipment for mechanical and electrical components.
5. Architectural rendering and conceptual floor plan.
6. Conceptual cost estimate.
2. Staging and Demolition Plan
a. Prepare a Staging and Demolition Plan for the removal and disposal of the existing station upon completion of the new station. b. Maintain all existing flows during construction either through by-pass methods or by making the new pump station operational before the removal of the existing station.
3. Structural Design
a. Prepare structural design in compliance with all applicable codes and requirements including the City' s Building Department. b. Provide structural design calculations that are certified by a Licensed Structural Engineer ( wet stamped).
c. Incorporate a new 480V 3ph service meter in the design. d. Coordinate with Southern California Edison to generate the necessary plans and work order for this installation.
4. Electrical Design
a. Provide a new electrical service, transformer, and emergency back- up generator. Include an automatic switch gear in the emergency back- up generator design.
b. Coordinate with the City and its SCADA system consultant Morrow Meadows to provide for system monitoring and control.
5. Plan Formats & Submittals
a. Prepare design plans utilizing Microstation Version 8. b. Prepare a Preliminary ( 60%) Plan set, including the following submittals at a minimum.
1. Demolition Plan
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2. Site Plan ( Paving, Entrances, Manways, Vaults)
3. Preliminary Structural Plan ( including structural calculations)
4. Piping Plan
5. Electrical Plans and schematics
6. Initial Catalog cuts for equipment and material
c. Upon completion of 60% and 90% plans and technical specifications, submit three ( 3) sets of Plans and accompanied material to the City for review.
d. Include the following components in the Final Plans and Contract Documents ( including Technical Specifications).
1. General Sheets — title sheet, general notes, index to sheets, bench marks horizontal control, and vicinity and location maps.
2. Civil Sheets — rough and final grading, demolition, site piping ( inlet and outlet) and profiles, site improvements, sewer, and civil detail.
3. Mechanical Sheets — pumps, piping, vault plans, valve and fittings, ladders, stairs, hatches, miscellaneous metal items, and hardware and mechanical details.
4. Architectural Sheets — building and exterior treatment.
5. Structural Sheets —general notes and details, foundation, longitudinal and transverse sections, miscellaneous sections, hatch openings section details, and ladder details.
6. Electrical — electrical symbols notes and abbreviations, electrical service, transformer, single line diagram, lighting plan, motor control center, conduit schedule, panel connections, connection diagram, and electrical site plan.
e. Provide Final Plans in Microstation Version 8 with a set of original mylars for reproduction in 22"x34" and 11" x17" formats. Submit the final set of plans and specifications on digital media on DC ROM in Microstation Version 8 and Microsoft Word file formats.
C. TASK 3 — ENVIRONMENTAL PROCESSING
1. Prepare the initial study and associated reports, architectural renderings, exhibits, notifications, and any other documentation to prepare a CEQA 13 0,
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Categorical Exemption or Negative Declaration and/ or other required environmental impact declarations required for construction for two pump stations.
2. Prepare one Mitigated Negative Declaration ( MND) for one pump station.
Coordinate the processing with the City' s Planning Department.
3. Provide three ( 3) hard copies and one ( 1) electronic copy of reports, exhibits, and other documentation determined to be necessary.
D. TASK 4 — PREPARATION OF CONTRACT DOCUMENTS
1. Prepare and compile a complete set of contract documents including the Notice Inviting Bidders, Instructions to Bidders, Bid Schedule, Agreement, Supplemental General Conditions, Special Provisions and Technical Specifications.
2. Prepare the General and Special Provisions in accordance with the Standard Specifications for Public Works construction 2003 Edition, including all supplements to date.
3. Prepare the Technical Specifications in the CSI format and include the following primary sections.
a. General requirements
b. Sitework
c. Concrete
d. Metals
e. Finishes
f. Equipment
g. Mechanical
h. Electrical
i. Instrumentation
j. Testing
4. Append the Standard Drawings and Geotechnical Report and other pertinent material to the documents.
E. TASK 5 - PROJECT MANAGEMENT & MEETINGS
1. Provide on- going and frequent communication with City on project status, identifying potential project issues, and recommending resolutions.
2. Maintain contact with City staff via telephone and email on a continual basis.
Provide and plan a kick- off meeting and monthly coordination meetings. 14 3. Provide and plan for up to four coordination meetings with the City Planning Department and the City' s SCADA consultant Morrow Meadows.
F. TASK 6 - PREPARATION OF ENGINNER' S ESTIMATE
1. Prepare an Engineer' s Estimate of Probable Cost at the 60% and Final Plans stage of design submittals.
2. Ensure City has the flexibility to make ongoing decisions as to the scope and extent of the proposed project.
G. TASK 7 - BIDDING AND CONSTRUCTION SUPPORT SERVICES
1. Provide construction management support services, including attending the pre- bid meeting, addressing questions from contractors during bidding, preparation of addendums, review of shop drawings and submittals, responses to request for clarifications and request for information during construction.
2. Provide weekly inspections of six hours for a 12 week period for each station.
3. Upon completion of construction of the pump stations, prepare As-Built Drawings based on the redlines by the Contractor and Inspector.
4. Attend the start- up of new pump stations.
H. TASK 8 — OPERATION AND MAINTENANCE MANUALS
1. Provide four ( 4) hard copies and one ( 1) electronic copy of the O& M Manual, which shall include without limitation the following items. a. Introduction including location and service maps, owner and facility name, address and phone number.
b. Description of facility including design parameters, assumptions and considerations.
c. Copy of approved shop drawings and submittals.
d. Safety precautions and procedures.
e. Start- up procedures.
f. Preventative maintenance procedures.
g. Corrective maintenance procedures.
h. Emergency shut down procedures.
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i. Record keeping, reporting and notification procedures. j. Cut- away view of equipment with parts list.
k. List of supplied and/ or recommended spare parts list.
I. List of equipment suppliers and contact information for spare parts and service.
I. SCHEDULE
1. Design the pump stations in the following order.
a. Rindge
b. Yacht Club Way
c. Portofino Way.
2. Commence Task 1 for all three stations upon the execution of this Agreement.
3. Obtain written approval prior to starting Tasks 2 to 8 for the Yacht Club Way and Portofino Pump Stations.
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EXHIBIT " B"
SCHEDULE FOR COMPLETION
TERM. The term of this Agreement shall commence on July 5, 2016 and expire on July 4, 2021, unless otherwise terminated herein.
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EXHIBIT " C"
COMPENSATION
Provided Consultant is not in default under this Agreement, Consultant shall be compensated as provided below.
A. AMOUNT. Consultant shall be paid in accordance with the following hourly rates.
Hourly Rate Schedule
Description Hourly
Rate
Principal 240
Project Manager 190
Project Engineer 156
Construction Engineer 156
Design Engineer/ Modeler 136
Structural Engineer 156
Electrical Engineer 156
Sr. CAD Designer 117
Instrumentation & Controls Specialist 125
Project Coordinator/ Admin Support 70
Notwithstanding the foregoing, in no event, shall Consultant' s compensation exceed the following amounts for each task. Consultant' s total compensation shall include all expenses, materials, labor, shipping, tax and travel.
Yacht
Task Rindge Club Portofino
Task 1 - Data Collection and Assessment 19, 257 15, 011 15, 108 Task 2 - Design of New Pump Station 61, 832 41, 728 54, 560 Task 3 - Environmental Processing 31, 233 26, 013
Task 4 - Preparation of Contract Documents 8, 214 6, 966 8, 724 Task 5 - Project Management and Meetings 9, 440 9,440 3, 628 Task 6 — Preparation of Engineer' s Estimate 4, 366 3, 742 4, 054 Task 7 — Bidding & Construction Support Services $ 44, 043 40, 683 43, 696 Task 8 — Operation & Maintenance Manual 3, 162 2, 538 3, 040 Subtotal 150, 314 $ 151, 341 $ 158, 823
Grand Total 460,478
1891/41 sr
B. METHOD OF PAYMENT. Consultant shall provide monthly invoices based upon the time spent during the previous month to City for approval and payment.
Invoices shall be based on the time spent and work completed in the month prior to the invoice submission. Consultant shall submit two hard copies of the invoice with supporting documentation. Invoices must be itemized, adequately detailed, based on accurate records, and in a form reasonably satisfactory to City.
C. SCHEDULE FOR PAYMENT. City agrees to pay Consultant within thirty ( 30) days of receipt of the monthly invoice; provided, however, that payments by City shall not exceed the proportion of the phase or task completed, and payment for each phase or task shall not exceed the amounts described in Section A of this Exhibit " C".
D. NOTICE. Written notices to City and Consultant shall be given by registered or certified mail, postage prepaid and addressed to or personally served on the following parties.
Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street
Fountain Valley, CA 92708
Attn: Andy Komor
City: City of Redondo Beach
Public Works Department, the Engineering Division
415 Diamond Street
Redondo Beach, CA 90277
Attn: Wisam Altowaiji
All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by registered or certified mail. Changes in the respective address set forth above may be made from time to time by any party upon written notice to the other party. 19 uu,
EXHIBIT " D"
INSURANCE REQUIREMENTS FOR CONSULTANTS
Without limiting Consultant's indemnification obligations under this Agreement, 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 the Consultant, its agents, representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability, code 1 ( any auto).
Workers' Compensation insurance as required by the State of California.
Employer' s Liability Insurance.
Errors and Omissions liability insurance appropriate to the consultant' s profession.
Architects' and Engineers' coverage is to be endorsed to include contractual liability.
Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $ 1, 000, 000 per occurrence for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location.
Automobile Liability: $ 1, 000, 000 per accident for bodily injury and property damage.
Employer's Liability: $ 1, 000, 000 per accident for bodily injury or disease.
Errors and Omissions liability: $ 1, 000, 000 per occurrence.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Endorsement:
General Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work performed by or on behalf of the Consultant. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance, or as a separate owner's policy.
Automobile Liability: The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Consultant.
For any claims related to this project, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.
Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.
Errors and Omissions policy, if written on a claims made basis, shall be maintained by the Consultant for a period of one year after the completion of the project.
Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.
The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Consultant' s part. 21 o, wEOLL„
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12. 71
Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best' s rating of no less than A:VII and which are authorized to transact insurance business in the State of California by the Department of Insurance.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on the City authorized forms provided with the contract specifications. Standard ISO forms which shall be subject to City approval and amended to conform to the City' s requirements may be acceptable in lieu of City authorized forms. All certificates and endorsements are to be received and approved by the City before the contract is awarded. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Subcontractors
Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Risk Management
Consultant acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.
22 EXHIBIT " E"
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a " public work" as defined in Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code (" Chapter 1"), and that this Agreement is subject to ( a) Chapter 1, including without limitation Labor Code Section 1771 and ( b) the rules and regulations established by the Director of Industrial Relations (" DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1( a) and 1( b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Pursuant to Labor Code Section 1771. 4, Contractor shall post job site notices, as prescribed by regulation.
4. Pursuant to Labor Code Section 1773. 2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.
5. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
6. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to ( 1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, ( 2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the City of the location of the records.
7. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777. 5, 1777. 6 and 1777. 7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty ( 60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 23 S
8. Contractor acknowledges that eight ( 8) hours labor constitutes a legal day' s work. Contractor shall comply with and be bound by Labor Code Section 1810.
Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($ 25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight 8) hours in any one ( 1) calendar day and forty ( 40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/ 2 times the basic rate of pay.
9. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
10. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor' s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor' s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Contractor shall diligently take corrective action to halt or rectify any failure.
11. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend ( at Contractor' s expense with counsel acceptable to the City) the City, its officials, officers, employees, agents, independent contractors, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity ( including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. 24 0F
AOR0 CERTIFICATE OF LIABILITY INSURANCE 6/ 1520
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 CONTACT
Arthur J. Gallagher& Co. PHONE Arthur J. Gallagher& Co.
FAX
Insurance Brokers of CA, Inc. LIC# 0726293 WO_ NO. EXU: 949- 349- 9800 A/ C, NO 949- 349- 9962 18201 Von Karman Ave Suite 200 ADDRESS: occertificaterequest@ajg. com Irvine CA 92612 INSURER( S) AFFORDING COVERAGE NAIC r
INSURER A: Berkshire Hathaway Homestate Insure 20044
INSURED PACIAQU- 02 INSURERB: United Specialty Insurance Company 12537 Pacific Advanced Civil Engineering Inc INSURER c: Atlantic Specialty Insurance Compan 27154 17520 Newhope St.
COVERAGES
THIS IS
Valley,
TO CERTIFY
CA 92708
THAT THE POLICIES
CERTIFICATE
OF INSURANCE
NUMBER:
LISTED
258011136
BELOW HAVE
INSURER
INSURER
INSURER
BEEN
D:
E:
F:
ISSUED
Arch Specialty
TO THE INSURED
Insurance
REVISION
NAMED
Company
ABOVE
NUMBER:
FOR THE POLICY
2 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.
POLICY EXP I
INSR
LTR TYPE OF INSURANCE IAN50 WVD POLICY NUMBER MM/
TYYYYI EFF I( MWDD/ YYYYI I LIMITS
B x COMMERCIAL GENERAL LIABILITY Y Y BT01618317 4/ 30/2016 4/ 30/ 2017 EACH OCCURRENCE 1, 000, 000
CLAIMS- MADE X OCCUR
DAMAGE TO RENTED
PREMISES( Ea occurrence) $ 50, 000
MED EXP( Any one person) $ 5, 000
PERSONAL 8 ADV INJURY $ 1, 000. 000
GE ' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 52.000. 000 POLICY f
X
JECT LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER:
C AUTOMOBILE LIABILITY Y V 7100322160004 4/30/ 2016 4/ 30/ 2017 COMBINED SINGLE LIMIT $ Ea accident) 1, 000. 000
X ANY AUTO BODILY INJURY( Per person) S
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY( Per accident) $
X HIRED AUTOS j(
NON- OWNED PROPERTY DAMAGE
AUTOS Per accident)
I UMBRELLA LIAR _ OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
A WORKERS COMPENSATION
y PAWC705905 3/ 2/ 2016 3/ 212017PER OTHAND EMPLOYERS' LIABILITY YIN
X STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/ MEMBER EXCLUDED? N N/ A
EL EACH ACCIDENT 7, 000,000
Mandatory In NH)
E. L. DISEASE- EA EMPLOYE $ 1, 000, 000
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ 1, 000, 000 D PROF 8 POLLUTION LIAB CPP0055298- 03 4/ 30/ 2016 4/ 30/ 2017 Each Claim 3, 000. 000 RETRO DATE: 1/ 01/ 1995 Aggregate 6,000.000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Certificate holder is included as additional insured/ primary non- contributory/waiver of subrogation applies on the general liability, per the attached forms CG20100413 , CG20370704 , USICVEN104021107 and CG24041093.` General Liability Per Project Aggregate: Capped at 5, 000, 000 General Aggregate Limit.* Certificate holder is included as additional insured/ waiver of subrogation applies, per the attached form VCA2010109. Waiver of subrogation applies to the certificate holder on the workers compensation policy, per the attached forms WC990410B914( State of CA), WC000313484 ( State of AZ).
RE: 752 Rindge Lane.
Certificate Holder( s) Continued: The City, its officers, elected and appointed officials, employees, and volunteers.
CERTIFICATE HOLDER CANCELLATION
Cityof Redondo Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS.
Engineering Services Division
Attn: Geraldine Trivedi, P. E.
AUTHORIZED REPRESENTATIVE E
Diamond Street, Door E
Redondo Beach CA90277 r$ CSE ,,—
I
1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25( 2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BTO1618317 COMMERCIAL GENERAL LIABILITY
CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) Or
Organization( s) Location( s) Of Covered Operations
When required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person( s) or additional insureds, the following additional exclusions organization( s) shown in the Schedule, but only with apply:
respect to liability for" bodily injury", " property damage" This insurance does not apply to " bodily injury" or or " personal and advertising injury" caused, in whole property damage" occurring after:
or in part, by: 1. All work, including materials, parts or equipment
1. Your acts or omissions; or
furnished in connection with such work, on the
2. The acts or omissions of those acting on your behalf; project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional
in the performance of your ongoing operations for insured( s) at the location of the covered operations the additional insured( s) at the location( s) has been completed; or designated above. 2. That portion of" your work" out of which the injury or damage arises has been put to its
However: intended use by any person or organization other
1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in performing operations for a principal as a part of
2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance
afforded to such additional insured will not be broader than that which you are required by the contract or
agreement to provide for such additional insured.
CG 2010 0413© Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to 2. Available under the applicable Limits of these additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less.
If coverage provided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
POLICY NUMBER: BT01618317 COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person( s) Location And Description Of Completed OperaOr Organization( s): tions As per written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to
include as an additional insured the person( s) or
organization(s) shown in the Schedule, but only with
respect to liability for " bodily injury" or " property damage" caused, in whole or in part, by " your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the " productscompleted operations hazard".
CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1
POLICY NUMBER: BT01618317
UNITED SPECIALTY INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY— PLEASE READ IT CAREFULLY USIC VEN 104 02 11 07
PRIMARY AND NON- CONTRIBUTORY WORDING
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless:
1) a written contract or written agreement specifically requires that this insurance apply on a primary and non- contributory basis; or
2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non- contributory basis.
All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged.
USIC VEN 104 02 11 07 Page 1 of 1
POLICY NUMBER: BT01618317 COMMERCIAL GENERAL LIABILITY
CG 24 0410 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: As per written contract If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition ( Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the " products- completed operations hazard".
This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: 7100322160004
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured By Contract 12. Employee Hired Autos
2. Airbag Discharge 13. Fellow Employee Exclusion
3. Auto Theft Reward 14. Glass Repair— Waiver of Deductible
4. Blanket Waiver of Subrogation 15. Hired Auto Physical Damage Coverage
5. Bodily Injury Redefined— Mental Anguish 16. Lease Gap Coverage
6. Broad Form Named Insured 17. Liability Coverage— Supplementary Payments
7. Communications Equipment 18. Newly Formed or Acquired Organizations
8. Diminution in Value 19. Physical Damage— Transportation Expenses
9. Drive Other Car— Executive Officers 20. Rental Reimbursement— Private Passenger
10. Duties In The Event of Accident, Claim, Suit or Loss Vehicles
11. Employees As Insureds 21. Towing— Any Covered Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an additional" insured" any person or organization with whom you agreed in a written contract, written agreement or permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an " insured" only with respect to liability for" bodily injury' or" property damage" caused, in whole or in part by your maintenance, operation or use of your covered" autos".
With respect to the insurance afforded to these additional" insureds", this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the bodily injury" or" property damage";
b. To any person or organization included as an" insured" by endorsement or in the Declarations; or c. To any lessor of" autos" when their contract or agreement with you for such leased " auto" ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered-" auto" under this policy, we will pay to reset or replace an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a manufacturer' s warranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a $ 2, 000 reward in the event of a covered loss, for information leading to the arrest and conviction of anyone stealing a covered " auto". A reward will not be paid to you, a family member, employee or any public official while performing their duty.
4. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of the operation of a covered " auto" when you have assumed liability for such " bodily injury" or " property damage" under an " insured contract", provided the contract is in writing and executed prior to the" bodily injury" or" property damage".
5. BODILY INJURY REDEFINED— MENTAL ANGUISH
The definition of" bodily injury" under SECTION V— DEFINITIONS is replaced by the following:
Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time.
VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 Copyright 2004, Oneeeacon Insurance Group LLC
E- INSURED
6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II — LIABILITY COVERAGE is amended to include the following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th day or the end of the policy period whichever comes first, provided there is no other similar insurance available to that organization. b. Paragraph a. of this provision 6. does not apply to " bodily injury" or " property damage" for which an " insured" is also an " insured" under any other automobile policy or would be an " insured" under such a policy, but for its termination or the exhaustion of its Limit of Insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION III — PHYSICAL DAMAGE COVERAGE does not apply to loss of any permanently installed, non- removable communications equipment designed for use as a:
1. Citizen' s band radio;
2. Two-way mobile radio or telephone;
3. Scanning monitor receiver; or
4. GPS Navigation System,
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is $ 5, 000 per occurrence.
8. DIMINUTION IN VALUE
The " diminution in value" exclusion under SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions does not apply if the covered " auto" is a private passenger " auto" and is leased, rented, hired or borrowed without a driver for a period of 30 days or less and is used in the conduct of the insured' s business. The most we will pay for" loss" arising out of an " accident" is the lesser of$ 7, 500 or 20% of the actual cash value of the auto" as determined by Kelley Blue Book or other independent valuation sources.
9. DRIVE OTHER CAR— EXECUTIVE OFFICERS
a. The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include:
If you are designated in the Declarations as:
1. An individual; you and your spouse.
2. A partnership; your partners and their spouses.
3. An organization other than an individual or a partnership; your" executive officers" and their spouses. b. SECTION II — LIABILITY COVERAGE and SECTION III — PHYSICAL DAMAGE COVERAGE are extended to include " autos" you don' t own, hire, lease or borrow while in the care, custody or control of an insured" listed in 9. a. This does not include any" auto":
1. Owned by any "insured" listed in 9. a., or any member of their household, including any such " auto" that is owned but not insured;
2. Used by an " insured" listed in 9. a. while working in the business of selling, servicing, repairing or parking autos; or
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 9.a. above and family members residing in the same households are "insureds" while:
1. Occupying as a passenger; or
2. A pedestrian when struck by,
any " auto" you do not own, hire, lease or borrow, except any " auto" owned by that" insured" listed in 9. a, their family members or an " auto" insured under any other policy. c. The limits and deductibles applicable to this provision will be the largest applicable to any owned " auto" for the specific insurance.
Copyright 2004, OneBeacon Insurance Group LLC
d. The following definition is added to the DEFINITIONS section of the policy:
Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any similar governing document. e. The Other Insurance Condition, under Section IV — BUSINESS AUTO CONDITIONS, does not apply to the provisions of this Drive Other Car endorsement. There is no " other insurance" applicable to this endorsement.
10. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV— BUSINESS AUTO CONDITIONS — the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is amended as follows:
The requirements that you must:
a. Notify us of an " accident", claim, " suit" or" loss" and b. Send us documents concerning a claim or" suit",
apply only when such" accident", claim, "suit" or" loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
G. An executive officer of the corporation or insurance manager, if you are a corporation; or d. A manager, if you are a limited liability company.
11. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is changed by adding the following:
Any " employee" of yours while using a covered " auto" you don' t own, hire or borrow in your business or your personal affairs. This coverage is excess over any other collectible insurance.
12. EMPLOYEE HIRED AUTOS
The following is added to the Who Is An Insured Provision:
An" employee" of yours is an " insured" while operating an " auto" hired or rented under a contact or agreement in that " employee's" name, with your permission, while performing duties related to the conduct of your business.
For purposes of this coverage grant, paragraph 5. b. of the Other Insurance Condition in the Business Auto Coverage Form is replaced by 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".
This coverage is excess over any other collectible insurance.
13. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II— LIABILITY COVERAGE does not apply if the" bodily injury" results from the use of a covered " auto" you own or hire. This coverage is excess over any other insurance.
14. GLASS REPAIR— WAIVER OF DEDUCTIBLE
Under paragraph D. — Deductible — of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
15. HIRED AUTO— PHYSICAL DAMAGE COVERAGE
If hired" autos" are covered" autos" under SECTION II— LIABILITY COVERAGE and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this policy for any " auto" you own, then SECTION III— PHYSICAL DAMAGE COVERAGE is extended to" autos" you hire, subject to the following limit:
The most we will pay for" loss" to any hired" auto" is the lesser of:
a. $ 75, 000 for" autos" of the private passenger type and$ 50, 000 for all other" autos"; VCA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 Copyright 2004, OneBeacon Insurance Group LLC
b. The actual cash value; or
c. The cost of repairing or replacing it with other property of like kind or quality.
The deductible will be equal to the largest deductible applicable to any owned " auto" for that coverage. No deductible applies to" loss" caused by fire or lightning.
Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered " auto" you own.
We will also cover loss of use of the hired" auto" if the following conditions are met:
a. It results from an accident;
b. You are legally liable; and
c. The lessor incurs an actual financial loss.
The most we will pay for this loss of use coverage is$ 1, 000 per" accident".
16. LEASE GAP COVERAGE
Under paragraph C. Limit of Insurance— of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added:
If a covered " auto" is leased, we will also pay the difference between the actual cash value of a covered " auto" at the time of" loss" and the remaining balance on your lease if the following conditions are met:
a. The" auto" has a long term lease and is covered on this policy. b. The lessor is added as an Additional Insured in a written lease agreement. c. You are legally obligated for the remaining balance.
We will not pay for any amounts representing excess wear and tear charges; additional mileage charges; taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termination fees.
17. LIABILITY COVERAGE EXTENSIONS— SUPPLEMENTARY PAYMENTS Under SECTION II — LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is revised as follows:
a. The limit for the cost of bail bonds is amended to$ 3, 500. b. The limit for reasonable expenses incurred by the" insured" is amended to$ 500 a day.
18. NEWLY FORMED OR ACQUIRED ORGANIZATIONS
a. The Who Is An Insured provision under SECTION II— LIABILITY COVERAGE is amended to include as an " insured" any organization that is formed or acquired by you and over which you maintain majority ownership.
b. Paragraph a. of this provision 18. does not apply to any organization:
1. That is a joint venture or partnership;
2. That is an " insured" under any other policy;
3. That has exhausted its Limit of Insurance under any other policy; or
4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. c. Paragraph a. of this provision 18. does not apply to" bodily injury" or " property damage" that results from an " accident" that occurred before you formed or acquired the organization.
19. PHYSICAL DAMAGE— TRANSPORTATION EXPENSES COVERAGE
Under SECTION III — PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is amended to$ 75 per day and the maximum is amended to$ 2, 250.
20. RENTAL REIMBURSEMENT
We will pay for rental reimbursement expenses incurred by you for the rental of an " auto" of the private passenger type because of" loss" to a " covered auto" of the private passenger type. Payment applies in addition to the otherwise applicable amount of each coverage you have on a" covered auto". No deductibles apply to this coverage.
We will pay those expenses incurred during the policy period beginning 24 hours after the " loss" and ending, regardless of the policy' s expiration, six ( 6) days after the" loss".
Copyright 2004, OneBeacon Insurance Group LLC
Payment is limited to the lesser of the following amounts:
1. Necessary and actual expenses incurred.
2. The maximum daily payment of$ 25 for any one day.
This coverage does not apply while there are spare or reserve" autos" available to you.
If" loss" results from the total theft of the private passenger " auto", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the PHYSICAL DAMAGE COVERAGE Extension.
21. TOWING— COVERED AUTOS
Under SECTION III— PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows:
a. This coverage applies to any covered " auto" for which a premium charge for towing and labor is shown in the Schedule or in the Declarations.
b. The limit is$ 100.
VGA 201 01 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 Copyright 2004, OneBeacon Insurance Group LLC
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10B Ed. 9- 14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
BLANKET BASIS
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 a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/ Organization Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All CA Operations 3388. 00
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 03/ 02/ 2016 Policy No. PAWC705905 Endorsement No.
Insured Premium$
Insurance Company Berkshire Hathaway Homestate Ins Co
Countersigned by
WC 99 04 108
Ed. 9- 14)
To: City of Redondo Beach
Public Works Department
Engineering Services Division
Redondo Beach CA 90277
Re: Pacific Advanced Civil Engineering Inc. — Insurance Renewals 17520 Newhope St.
Fountain Valley, CA 92708
To whom it may concern:
HUB International Limited
4965 MacArthur Court, Suite 600
Newport Beach, CA 92660
714- 569- 2700
hubinternational. corn
Pacific Advanced Civil Engineering, Inc., is the named insured for the following insurance policies that renew effective 4/ 30/ 2019. The policies have been renewed for the 4/ 30/ 2019 to 4/ 30/ 2020 policy years by each of the insurance carriers. Hub Insurance Agency is currently awaiting policy numbers, and a certificate of insurance will be available by Friday, April 26, 2019. There is no change of the carriers, limits or deductibles for any of the renewed policies below.
The following policies have been renewed effective 4/ 30/ 2019 to 4/ 30/ 2020:
1. Commercial General Liability, Evanston Insurance Company.
2. Professional & Pollution Liability Policies , Arch Specialty Insurance Company
3. Commercial Automotive and Inland Marine Policies, Atlantic Specialty Insurance Company
4. Commercial Excess Liability, Evanston Liability
The Workers' Compensation policy with Berkshire Hathaway Homestate Insurance Company has not changed and is currently active — the Policy effective dates are 3/ 2/ 2019 to 3/ 2/ 2020.
Please call Mike Vasilakis for any questions regarding the insurance policies and renewals.
Mike Vassilakis, Account Manager
714- 569- 2736
4965 MacArthur Court, Suite 600
Newport Beach, CA 92660
michael. vassiiakis hubinternational. com
Thank yg
David Trevino, Senior Vice President
d. 714- 569- 3090 c. 949- 701- 7388
Hub International Insurance Services, Inc
4695 MacArthur Courts, Suite 600
david. trevino( chubinternational. com
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 Ed. 4- 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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 a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/ organization: Blanket Waiver- Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Job Description Waiver Premium
All AZ Operations 737, 00
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: 03/ 02/ 2016 Policy No.: PAWC705905 Endorsement No.:
Insured: Premium$
Insurance Company: Berkshire Hathaway Homestate Ins Co
WC 00 03 13
Countersigned by
Ed. 4- 84)
01983 National Council on Compensation Insurance
ANY PROPRIETOR/ PARTNER/ EXECUTIVEOFFICER/ MEMBER EXCLUDED?
INSR SUBRLTRADDL
INSD WVD
PRODUCER CONTACTNAME:
FAXPHONE(
A/C, No, Ext): A/C, No):(
E- MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER EXPTYPEPOLICY EFF POLICY OF INSURANCE MM/ LIMITS( DD/YYYY) ( MM/ DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
RENTEDCLAIMS- DAMAGE TO MADE OCCUR $ PREMISES ( Ea occurrence) MED EXP ( Any one person) $
PERSONAL & ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY AGGJECT LOC PRODUCTS - COMP/ OP
OTHER:$
COMBINED SINGLE LIMIT $(
Ea accident)
ANY AUTO BODILY INJURY ( Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY ( Per accident) $
HIRED NON- OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident)
OCCUR EACH OCCURRENCE
CLAIMS- MADE AGGREGATE $
DED RETENTION $
PER OTHSTATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
LIMITDESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY INSURER( S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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 have ADDITIONAL INSURED provisions or 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) 1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE ( MM/ DD/ YYYY) The ACORD name and logo are registered marks of ACORD
5/7/2019
License # 0757776
35378
Pacific Advanced Civil Engineering Inc.
17520 Newhope Street Suite 120
Fountain Valley, CA 92708
27154
20044
A 1,000, 000
X MKLV5PBC000525 4/30/2019 4/30/2020 300, 000
1,000, 000
2,000, 000
2,000, 000
CAP:$10,000,000
000B1,000,
XX7100322160007 4/30/2019 4/30/2020
000A10,000,
XXMKLV5EUL101645 4/30/2019 4/30/2020 10,000, 000
C
X PAWC019790 3/2/2019 3/2/2020 1,000, 000
1,000, 000
1,000, 000
Professional Liability/ Pollution Liability: Arch Specialty, Eff 4/30/ 19 - 4/30/ 20 - # CPP0055298- 06 / $ 3,000, 000 Each Claim/$ 100, 000 Deductible / $ 6,000, 000 Aggregate/$300,000 Deductible.
RE: 752 Rindge Lane. The City, its officers, elected and appointed officials, employees, and volunteers are additional insured with respect to general liability, auto liability and umbrella liability per CG2010 0704 and VCA201062018. Primary and noncontributory included per CG2001 0413. Waiver of suborgation included with respects to auto liability, umbrella liability and workers compensation per VCA201062018, WC990410C.
City of Redondo Beach
Public Works Department
Engineering Services Division
Redondo Beach, CA 90277
PACIAQU- 01 ARODRIGUEZ6
HUB International Insurance Services Inc.
4695 MacArthur Court, Suite 600
Newport Beach, CA 92660
Michael Vassilakis
michael.vassilakis@hubinternational. com
Evanston Insurance Company
Atlantic Specialty Ins. Co.
Berkshire Hathaway Homestate Insurance Company
X
X
X
X
X
X
X
VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 Copyright 2018,
Policy Number: COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BROAD FORM AUTOMOBILE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement extends certain coverages. The following listing and the headers in this endorsement are only for convenience. Provisions in this endorsement might be modified by other endorsements. Read the entire policy carefully to determine rights, duties and what is and is not covered.
AA.. Drive Other Car Coverage – Executive Officers
and Certain Individuals
BB.. Section II – Covered Autos Liability Coverage
1. Additional Insured – Written Contract,
Agreement, Permit or Authorization
2. Broadened Named Insured
3. Employees as Insureds
Including Employee Hired Autos and
Fellow Employee Coverage)
4. Newly Acquired or Formed Organizations
5. Supplementary Payments –
Bail Bonds and Loss of Earnings
CC.. Section III – Physical Damage Coverage
1. Hired Auto Physical Damage Coverage
2. Towing – Any Covered Autos
3. Transportation Expenses Increased
4. Loss of Use Expenses Increased
5. Other Coverage Extensions
a. Airbag Discharge
b. Auto Theft Reward
c. Loan/Lease Gap Coverage
d. Rental Reimbursement
6. Diminution in Value
7. Communications Equipment
8. Deductible Waived For Glass Repair
DD.. Section IV – Business Auto Conditions
1. Duties in Event of Accident, Claim, Suit or Loss
2. Waiver of Subrogation When Required by
Written Contract or Agreement
EE.. Section V – Definitions
1. Bodily Injury – Includes Mental Anguish
2. Executive Officer
AA.. Drive Other Car Coverage – Executive Officers and Certain Individuals
1. The following is added to Section I – Covered Autos:
Drive Other Car Coverage
a. For Covered Autos Liability Coverage and Physical Damage Coverage, “ autos” in the care, custody or control of an “insured” described in Paragraph 2. below, which you do not own, hire, lease or borrow, are covered “autos”. But this does not include any “auto”:
1) Owned by any “insured” described in Paragraph 2. below, or any member of their household, including any “auto” that is owned but not insured;
2) Used by an “insured” described in Paragraph 2. below while working in the business of selling, servicing, repairing or parking autos; or
3) Insured or covered under another policy.
b. If Medical Payments, Uninsured/ Underinsured Motorist, Personal Injury Protection or other compulsory coverages required by the governing jurisdiction are provided by this policy, then an insured” described in Paragraph 2. below, and their family members residing in the same household, are “insureds” while:
1) Occupying as a passenger; or
2) A pedestrian when struck by;
any “auto” you do not own, hire, lease or borrow, except an “auto” owned by an “insured” described in Paragraph 2. below or members of their household, or an “auto” insured or covered under any other policy.
INSURED
VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 Copyright 2018,
2. With respect to Drive Other Car Coverage only, Paragraph A.1. Who is an Insured of Section II – Liability Coverage is amended to include as an “insured” the following:
If you are designated in the Declarations as:
a. An individual, you and your spouse.
b. A partnership, your partners and their spouses.
c. An organization other than an individual or a partnership, your “executive officers” and their spouses.
3. Limit of Insurance and Deductible
The most we will pay for Drive Other Car Coverage is the single highest Limit of Insurance for the applicable coverage for an “auto” you own. The Deductible for Drive Other Car Coverage is the largest Deductible for the applicable coverage for an “auto” you own.
4. Other Insurance
Regardless of the existence of other insurance or Paragraph B.5. Other Insurance of Section IV – Business Auto Conditions, Drive Other Car Coverage is primary.
BB.. Section II – Covered Autos Liability Coverage
1. Additional Insured – Written Contract, Agreement, Permit or Authorization Paragraph A.1. Who is an Insured of Section II – Covered Autos Liability Coverage is amended to include as an additional “insured” any person or organization with whom you have agreed in a written contract, agreement, permit or authorization to provide insurance such as is afforded under this Coverage Form but only with respect to liability for “bodily injury” or “property damage” caused in whole or in part by your maintenance, operation or use of a covered “auto”. But this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit or authorization has been issued prior to the “accident” that caused the “bodily injury” or “property damage”; b. To any person or organization included as an “insured” under any other provisions of this policy, including this or any other endorsement;
c. To the independent acts or omissions of such person or organization; or d. To any lessor of “autos” when their contract or agreement with you for such leased “auto” ends or the lessor or its agent takes possession of the “auto”.
2. Broadened Named Insured
Paragraph A.1. Who is an Insured of Section II – Covered Autos Liability Coverage is amended to include as a Named Insured any legally incorporated entity in which you maintain ownership of more than 50 percent of the voting stock on or after the effective date of this endorsement, but only if there is no other similar insurance available to that organization. This insurance does not apply to any organization that is an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance.
3. Employees as Insureds (Including Employee Hired Autos and Fellow Employee Coverage) a. Paragraph A.1. Who is an Insured of Section II – Covered Autos Liability Coverage is amended to include as an “insured” your “employee” while:
1) Using a covered “auto” you do not own, hire or borrow in your business or your personal affairs.
2) 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. b. Exclusion B.5. Fellow Employee of Section II – Covered Autos Liability is deleted. c. The following is added to B.5.b of Section IV – Business Auto Conditions:
Any covered “ auto” hired or rented without a driver by your “employee” under a contract or agreement in that “employee’ s” name, with your permission, while performing duties related to the conduct of your business is also deemed to be a covered “auto” you own.
VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 Copyright 2018,
4. Newly Acquired or Formed Organizations
Paragraph A.1. Who is an Insured of Section II – Covered Autos Liability Coverage is amended to include as an “insured” any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, if there is no other similar insurance available to that organization. But:
1) Coverage under this provision is afforded only until the end of the policy period; and 2) Coverage does not apply to “bodily injury” or “property damage” caused by an “accident” that occurred before you acquired or formed the organization.
5. Supplementary Payments – Bail Bonds and Loss of Earnings In Paragraph A.2.a. Supplementary Payments of Section II – Covered Autos Liability, the following replaces Paragraphs ( 2) and (4):
2) Up to $3,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
CC.. Section III – Physical Damage Coverage
1. Hired Auto Physical Damage Coverage
a. If hired “autos” are covered “autos” under Section II – Covered Autos Liability Coverage and this policy provides Comprehensive, Specified Causes of Loss Coverage or Collison Coverage for any auto” you own, a hired “auto” will be deemed a covered “auto” for Physical Damage Coverage subject to the provisions in Paragraph b. below.
b. For Hired Physical Damage Coverage provided by paragraph a. above:
1) The most we will pay for “loss” to any hired “auto” is the lesser of:
a)$ 75,000 for “autos” of the private passenger type and $50,000 for all other “autos”; b) The actual cash value of the damaged or stolen property as of the time of the “loss”; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality.
2) The Deductible is the largest Deductible for the applicable coverage for an “auto” you own. 3) This insurance is excess over any other valid and collectible insurance, whether such insurance is primary, excess, contingent or on any other basis.
2. Towing – Any Covered Autos
The following replaces Paragraph A.2. Towing of Section III – Physical Damage Coverage:
We will pay up to $100 for towing and, if labor is performed at the place of disablement, labor costs incurred each time a covered “ auto” is disabled if a premium charge for towing and labor is shown in the Schedule or the Declarations.
3. Transportation Expenses Increased
In Paragraph A.4.a. Transportation Expenses of Section III – Physical Damage Coverage, the amounts we will pay amounts we will pay for temporary transportation expenses incurred by you because of the total theft of a covered “auto” of the private passenger type are increased to $75 per day, to a maximum of $2,250.
4. Loss of Use Expenses Increased
The following replaces the last paragraph in Paragraph A.4.b. Loss Of Use Expenses of Section III – Physical Damage Coverage:
However, the most we will pay for any expenses for loss of use is $1,000.
5. Other Coverage Extensions
If you have Physical Damage Coverage, the following are added to Paragraph A.4. Coverage Extensions of Section III – Physical Damage Coverage:
VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 Copyright 2018,
a. Airbag Discharge
We will pay to reset or replace a covered “auto’s” airbag that accidentally discharges without the auto” being involved in an “accident” if the airbag is not covered under a manufacturer’s warranty and you did not intentionally cause the discharge. No Deductible applies to this Coverage Extension. b. Auto Theft Reward
If you have Comprehensive or Specified Cause of Loss Coverage, we will pay a reward up to 2,000 for information leading to the arrest and conviction of anyone stealing a covered “ auto”. But we will not pay a reward to you, any family members or “employees” or any public officials while performing their duties.
c. Loan/Lease Gap Coverage
If a covered “auto” is subject to a long-term loan or lease that requires, in writing, that the lender or lessor be an additional “insured”, and you are legally obligated for the remaining balance on the loan or lease, we will pay the difference between the actual cash value of the “auto” at the time of loss” and the remaining balance on your loan or lease. But we will not pay for:
1) Any amount paid under the policy’s Physical Damage Coverage; or 2) Any amounts for abnormal or excess wear and tear, additional or high mileage charges, carry-over balances from previous loans or leases, extended warranties or insurance purchased with the loan or lease, lease termination fees, taxes, overdue payments, unreturned security deposits or any penalties, interest or charges resulting from overdue payments.
d. Rental Reimbursement
We will pay for expenses to rent an “auto” of the private passenger type because of “loss” to a covered “auto” of the private passenger type. But:
1) We will only pay expenses incurred during the policy period at the time of the “loss” and ending, regardless of the policy period, six days after the “loss”. 2) The most we will pay is the lesser of:
a) Reasonable and necessary expenses actually incurred; or b)$ 50 per day.
3) This coverage does not apply if a spare or reserve “ auto” is available to you. 4) If “loss” is because of the total theft of a covered “ auto”, we will pay only those amounts that are not already covered under Transportation Expenses.
No Deductible applies to this Coverage Extension.
6. Diminution in Value
The following is added to Exclusion B.6. of Section III – Physical Damage Coverage:
This exclusion does not apply to “diminution in value” of a covered “ auto” of the private passenger type used in the conduct of the “insured’s” business that is leased, rented, hired or borrowed without a driver for a period of 30 days or less. But the most we will pay for such “diminution in value” is the lesser of:
a. 20 percent of the actual cash value of the “auto” as of the time of the “loss”; or b.$ 7,500.
7. Communications Equipment
The following is added to Paragraph B. Exclusions of Section III – Physical Damage Coverage:
Exclusions 4.c. and 4.d. do not apply to communications equipment, including its antenna and other accessories, that is permanently installed in, and not removable from, a covered “auto” and designed for use as a:
a. Citizen’s band radio;
b. Two-way mobile radio or telephone;
VCA 201 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 Copyright 2018,
c. Scanning monitor receiver; or
d. GPS navigation system.
No Deductible applies to “loss” to such communications equipment. But the most we will pay for all such communications equipment is $5,000 for any one “loss”.
8. Deductible Waived For Glass Repair
The following is added to Paragraph D. Deductible of Section III – Physical Damage Coverage:
No Deductible applies if glass that is damaged is repaired rather than replaced.
DD.. Section IV – Business Auto Conditions
1. Duties in the Event of Accident, Claim, Suit or Loss The following is added to Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV – Business Auto Conditions:
The requirements that you must notify us of an “accident”, claim, “suit” or “loss”, or send us documents concerning a claim or “suit”, apply only if the “accident”, claim, “suit” or “loss” is known to:
1) You, if you are an individual;
2) A partner, if you are a partnership;
3) An “executive officer” or insurance or risk manager, if you are a corporation; or 4) A manager, if you are a limited liability company.
The requirement that you must notify us as soon as practicable of an “accident”, claim, “ suit” or “loss” does not apply if you report the “accident”, claim, “suit” or “loss” to your workers’ compensation insurer and the “accident”, claim, “suit” or “loss” later develops into a liability claim for which coverage is provided by this policy. But as soon as you become aware that an “accident”, claim, “suit” or “loss” is a liability claim rather than a workers’ compensation claim, you must comply with all parts of Paragraph A.2. Duties in the Event of Accident, Claim, Suit or Loss of Section IV – Business Auto Conditions.
2. Waiver of Subrogation When Required by Written Contract or Agreement The following is added to Paragraph A.5. Transfer of Rights of Recovery Against Others to Us of Section IV – Business Auto Conditions:
We will waive any right of recovery against any person or organization because of payments we make for “bodily injury” or “property damage” arising out of the ownership, maintenance or use of a covered auto” when you have assumed liability for such “bodily injury” or “property damage” under an “insured contract”, but only if the “insured contract” is executed before the “accident” or “loss” occurs.
EE.. Section V – Definitions
1. Bodily Injury – Includes Mental Anguish
The following is added to Paragraph C. of Section V – Definitions:
Bodily injury” includes mental anguish resulting from bodily injury, sickness, or disease sustained by a person at any time.
2. Executive Officer
The following is added to Section V – Definitions:
Executive officer” means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.
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Endorsement Effective: Policy No.:
Insured:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C Ed. 01-19)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA
BLANKET BASIS
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 a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Blanket Waiver
Person/Organization Blanket Waiver – Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
Waiver Premium (prior to adjustments)
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 No.:
Premium $
Insurance Company:
WC 99 04 10 C
Countersigned by ______________________________________ Ed. 01-19)
Job Description
All CA Operations
Berkshire Hathaway Homestate Ins Co
PAWC019790
3624. 00
03/ 02/ 2019