HomeMy WebLinkAbout17 - CC-7 - Attachment 4 - 1/2/2018Attachment 4
SERVICESCITY OF COSTA MESA
PROFESSIONAL
WITH
CONSULTINGINTERWEST ,'I
THIS F IONAL SERVICES AGREEMENT ("Agreement") is made and entered
into this t day of March, 2016 ("Effective Date"), by and between the CITY OF COSTA
MESA, a municipal corporation ("City"), and I T T CONSULTINGI
Californiacorporation C2415639 ("Consultant"). Collectively City and Consultant are sometimes
referred to herein as "Parties".
WITNESSETH
A, WHEREAS, City proposes to utilize the services df Consultant as an independent
contractor to providetemporary nior and executivemanagement staff o fill City positions
within the Public Works Department ("Services"), as more filly described herein; and
W Consultant ; represents that it has that degree of specialized
expertise contemplated ithin California Government Code Section 37103, and of s all
necessary licenses to practice and perform the services herein contemplated; and
WHEREAS, City and Consultant desire to contract for the specific emergency
Services ori in "Exhibit " ("Consultant's Proposal") and desire'to set forth their rights,
duties and liabilities in connection with the Services to be performed; and
WHEREAS, no official or employee of City has a financial interest, within
the
provisions f Sections 1090-1092 of the California Government Code, in the ) ct matter of
is Agreement.
NOW, THEREFORE,.:. or and in consideration of the mutual covenants and conditions .
contained herein, the parties hereby re s follows-,
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Sco2e of Services. Consultant shall provide the professional services described
in the City's Consultant's Proposal, attached hereto as "Exhibit ," incorporated r "in by this
reference,
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence nce n kill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with soon
professional practices. Consultant also warrants that it is familiar ith all laws that may affect its
performance of this Agreement n shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.1 Performance to Satisfaction of Cily. Consultant agrees to perform all the workto
the complete satisfaction of the _City and within the hereinafter specified. Evaluations of the
work will be done by the City's Chief Executive Officer ("City ") or his or her designee. If
the utility of work is not satisfactory, ity in its discretion has the right to:
(-) Meet with Consultant to review the quality of the work and resolve the
matters f concern;
() Require Consultant to repeat the work at no additional fee until it is
satisfactory, and/or
() Terminate the Agreement as hereinafter set forth.
1. A. Warranty, Consultant warrants that it shall perform" the Services required y this
Agreement in compliance with all applicable Federal and California employment l , including,
but not limited to, those laws related to minimum hours .and sq occupational health and
safety; fair employment and employment practices; workers' compensation insurance ai
safety in employment; and all other Federal, State and local leas and ordinancesp lig l t
the servicesrequired under this Agreement, Consultant shall indemnify and hold harmless it
from ri against all claims, demands, payments, suits, actions, proceedings, and judgments of
every nature and descripti _ including attorneys' fees and costs, presented, brought, , r
recovered i st City for,- r on account of any liability under any of the above-mentioned laws,
which may be incurred y reason of Consultant's rf r ante under this Agreement.
1.& Non -Discrimination, In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engagein, discrimination in employment of persons because of their
religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of
the Government Coda:
1.6. Non-Exc;lggjyg_AgrggMg22, Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the Services that are subject to this
Agreement or may have _ its own employees perform services similar to those Services
contemplated by this Agreement.
1:7. I tion A i rtr ant. This is a personal service contract, and the duties
at forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City. Consultant may engage a subcontractor(s) as permitted by law and
may employ other personnel to perform the Services contemplated by this Agreement at
Consultant's sole cost and expense.
1.& Confidenjjg1L. Employees of Consultant in the course of their duties may have
bows to financial, accounting, statistical, _ and personnel data of private individuals n
employees f City. Consultant covenants that all data, documents, i us i n, or other
information developed or received by Consultant or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Consultant without written authorization
y Citye City shall grant such authorization if disclosure is required by law. All City data shall be
returned to City Ripon the termination of this .Agreement, Consultant`s covenant under this
Section shall survive the termination of this Agreement:
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set
forth in Exhibit A, Consultant's Proposal, Page .3 ("FeeSchedule"), Consultant's total
compensation shall not exceed an annual amount of Two Hundred Thousand all rs
( 200,000.00).
t
n
„o
Additional Services, Consultant shall not receive compensation for -any services
provided utsi the scope of services edified in the Consultant's Proposal unless the City or
the Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barredn r
unenforceable,
2;1 Methodof llinConsultant may submit invoices to the City for approval on a
progress basis, but no more often than two times a month. Said invoice shall be basedon the
total of allConsultant's Services which have been completed toCity's sole satisfaction. ity
shall pay Consultant's invoice within forty-five ) days from the date City receives said invoice.
Each invoice shall describe in detail, the Services performed, the date of performance, and the
associated time for completion. Any additional services approved and performed ursu nt to
this Agreement shell be designated as "AdditionalServices" and shall identify the number of the
authorized ohne order, where applicable, on all invoices:
2.4: Records and Audits. Records of Consultant's Services relating o this Agreement
shall be maintainedin accordance ith generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a periodof three (3) years from the Effective Date,
3.0. TIME OF PERFORMANCE
3.1. Commencement and omletion of Work. The Services to be performed
pursuant to this Agreement shall commence within five () days from the Effective Date -of this
Agreement. Failure to commence work in a timely manner and/or diligently pursue work to
completion may be grounds for termination of this Agreement,
32 Excusabl@ Dela s. Parties shall be responsible for delays or lack of performance
resulting from acts beyond the reasonable control of the a y or Parties, Such acts shall
include, but not be limited to, acts of God, fire, strikes; material shortages, compliance , with laws
or regulations, riots, acts of war, or any other conditions beyond the reasonable control of
Party.
gr TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a
period of twelve months, ending on March 30, 2017 ("Initial Term"), unless previously terminated
s provided herein or as otherwise agreed to in writing y the Parties. City has thetion of one
(1) additional one (1) year renewal ter beyond the Intitial Terra. The City y exercise this
option by providing thirty (30) days written notice to Consultant prior to the expiration of the
Initial Ter...
4.2. Notice of Termination. The City reserves and has the right and privilegeof
canceling, suspending or abandoning the execution of all or any part of the work contemplated
y this Agreement, with or without cause, at any time, by providing written notice to Consultant.
The termination of :this Agreement shall be deemed effective 'upon receipt of the notice of
termination (Section ,4). In the event of such termination, Consultant shall immediately stop
rendering Services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and Services'satisfactorily performed up to and including the date of
City's written notice of termination. Compensation for work in progress shall be prorated based
on the percentage of work completed as of the effective date of termination in accordance with
the fees set forth herein, In ascertaining the Services actually rendered hereunder up to the
effective date of termination of this Agreement, consideration shall be given to both completed
work and work in progress, ,to complete and incomplete drawings, and to other documents
pertaining to the Services contemplated herein whether delivered to the City or in the
possession of the Consultant.
.4. Documents. In the event of termination of this Agreement, ll documents
prepared by Consultant in its performance of this Agreement inludin , but not limited to,
finished or unfinished si h, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without cific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
6.0. INSURANCE
5.1. Minimum Scope and Li its of Insurance. Consultant shall obtain, maintain, an
keep in full force and effect during the life of this Agreement all of the following inimu scope
of insurance coverages with an insurance company admitted to do business in California, rated
"A," Class X, ,or better in the most recentBest's Key Insurance Rating Guide, and approved y
City:
() Commercial general liability, including premises -operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury or bodily
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), com ined single limits, per occurrence. If such
insurance contains a general aggregate li it, it shall apply separately to
this Agreement or shall be twice the required occurrence li it.
(b) Business automobile liability for owned vehicles, hired, and non -owned
vehicles, _ with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence for bodily injury
and property damage.
(c)Workers' compensation insurance as required by the State of California.
Consultant agrees to waive, and to obtain endorsements from its workers'
compensation insurer waiving subrogation rights under itsworkers'
compensation insurance policy against the City, its officers, nts,
employees, and volunteers arising from work performed by Consultant for
the City and to require each of its subcontractors, if any, to do likewise
under their workers' compensation insurance policies.
(d) Professional errors and omissions (T&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Architects' and engineers'
coverage shall be endorsed to include contractual liability, If the policy is
written as a "claims made" policy, the retro date shall be prior to the start
of the contract work. Consultant shall obtain and maintain, said
liability insurance during the life of this Agreement and for three years
after completion of the work hereunder.
}
52 Endorsements, The commercial general liability insurance policy and business
automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Costa Mesa and its elected and
appointed boards, officers, officials, agents, employees, and volunteers
are additional insureds with respect to: liability arising out of activities
performed by or on behalf of the Consultant pursuant to its contract with
the City" products and completed operations of the Consultant; premises
owned, occupied or used by the Consultant-, automobiles owned, leased,
hired, or borrowed by the Consultant."
(b) Notice: "Said policy shall not terminate, be suspended, or voided, n
shall it be cancelled, nor the coverage or limits reduced, until thirty (3
days after written notice is given to City, I
(c) Other insurance: "The Consultant's insurance coverage shall be prima
insurance as respects the City of Costa Mesa, its officers, official
agents, employees, and volunteers. Any other insurance maintained g
the City of Costa Mesa shall be excess and not contributinwith t
insurance provided by this policy," I g with t
(d) Any failure to comply with the reporting provisions of the policies shall n
affect coverage provided to the City of Costa Mesa, its officers, official]
agents, employees, and volunteers,
(e) The Consultant's insurance shall apply separately to each insured agaim'",
whom claim is made or suit is brought, except with respect to the limits
the insurer's liability. i
5.3. Deductible or Self-insured Retention. If any of such policies provide for a
deductible or self-insured retention to provide such coverage, the amount of such deductible or
self-insured retention shall be approved in advance by City. No policy of insurance issued as to
which the City is an additional Insured shall contain a provision which requires that no insured
except the named insured can satisfy any such deductible or self-insured retention.
5A. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement, The
certificates of insurance shall be attached hereto as "Exhibit B" and incorporated herein by this
reference.
5.5Non-Limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property,
6.0. GENERAL PROVISIONS
Consultant shall designate a Project Manager who shall represent it and ill I
agent in all consultations with City during the Initial Term or any renewal terms of th
Agreement. Consultant or its Project Manager shall attend and assist in all coordinatilY
meetings called by City.
6.4 * Notices. Any notices, documents, correspondence or other communicatio
concerning this Agreement or the work hereunder may be provided by personal delive
facsimile or mail and shall be addressed as set forth below. Such communication shall
deemed served or delivered- i:. the time of delivery if such communication is sent by person,
delivery; and b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postma
if such communication is sent through regular United States mail.
IF TO CQNSUITANTIF TO CITY
Irate est Consulting Group City of Costa Mesa
15140 Transistor Lane 77 Fair Drive
Huntington each, CA 92649 Costa Mesa, CA 92626
Tel, (71 4) 899-9030 Tel: (714) 7545291
Attn'. James G, Ross Attn: Public Services Department
jross@interwestgrp.com
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Atte: Finance Department I Purchasing
6,5, Consultant shall provide a drug-free workplace by
complying with all provisions set forth in City's Council Policy 1035, attached hereto as "Exhibit
C" and incorporated herein by reference, Consultant's failure to conform to the requirements
J 11
m
t forth in Council Policy 00®5 shall constitute a material breach of this Agreement and shall
e cause for immediate termination of this Agreement by City.
tt me and hosts. in the event that litigation is brought by any party to
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred y the
prevailing pary in the exercise of any of its rights or remedies hereunder or the enforcement o
any of the terms, conditions, or provisions hereof.
61. overnia Law. This Agreement shall be`governed by "and construed under the
laws of the State of California without giving effect to that boy of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto
agreethat the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
ssi nraent. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any pari of Consultant's interest in this Agreement without
City's prior written consent.- Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement, r less of City's consent, no subletting or assignment shall release Consultant
of Consultant's obligation to perform all other obligations to be performed y Consultant
hereunder for the term of this Agreement.
6.9. Indemnification and Hold Harmless. To the fullest extent allowed by law,
Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials,
officers, agents and employees, at Consultant's sole expense, from and against any and all
claims, actions, suits or other legal proceedings brought against the City, its elected officials,
officers, agents and employees arising out of the performance of the Consultant, Its employees,
and/or authori subcontractors, of the work undertaken pursuant to this Agreement. _ The -
defense obligation provided for hereunder shall apply without any advance showing of
negligence or wrongdoing by the Consultant; its employees, ander authorized subcontractors,
but shall be required whenever any claim, action,- complaint, or suit asserts as its basis the
negligence, errors, omissions or misconduct of the Consultant, its employees, rid/or authorized
subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the
City, its elected officials, o icers, agents and employees based upon the work performed y the
Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or
not the Consultant, its employees, and/or authorized subcontractors are specifically named or
otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be
liable for the defense or indemnification of the City for claims, actions, complaints or suits arising
out of the sole active negligence or willful misconduct of the City: This provision shall
supersede and replace all other indemnity provisions contained either in the City's specifications
or Consultant's Proposal, which shall be of no force and effect.
, 0. Independent Contractor: Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall have no power to
incur any debt, -obligation, or liability on behalf of City or otherwise act on behalf of City as an
gent.; either City nor any of its agents shall have control over the conduct of Consultant or any
of Consultant's employees, except as set forth in this Agreement. 'Consultant shall not, at any
time, or in any manner, represent that it or any of its or employees are in any manner agents or
employees of City. Consultant shall secure, at its sole expense, and be responsible for any and
all payment of Income Tax, Social Security, .State Disability Insurance Compensation,
Unemployment - Compensation, and other -payroll deductions for Consultant and its officers,
agents, and employees, and all business licenses, if any are required, in connection with the.
i
services to be performed hereunder. Consultant shall indemnify and holdCity harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with the applicable
worker's compensation laws. City shall have the right to offset against the -amount of any fees
due to Consultant under this Agreement any amount due to City from Consultant as a result S:7f
Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this paragraph.
:11 e PERS Eli i ilia Indemnification . In the event that Consultant or any employee,
eh, or subcontractor of Consultant providing services under this Agreement claims or is
determined y a court of competent jurisdiction or the California Public Employees Retirement
System ) to be eligible for enrollment in PERS as an employee of the City, Consultant
shall indemnify, defend, and hold harmless City for the payment of any employee and/or
employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the 'payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, role, - regulation, law or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providingservice under this Agreement shall not qualify for or become entitled to, -and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,.
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and/or employee contributions for
PERS benefits:
.12. Cooer tion. In the event any claim or action is brought'against City relating to
Consultant's performance or Services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation which City might require.
6,13, QwEnaetrship of Documents. All findings, reports, documents, information and data
including, u not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prier consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. ,City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys" fees; arising out of or resulting from City's use of
such documents for ether projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, _ data, in any form, _including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.14. Public Records Act Disclosure. Consultant has been advised and is aware that
this Agreement and all reports, documents, information and data, including, but not limited to,
computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors,
pursuant to thisAgreement and provided to City may be subject to public disclosure as required
by the California Public Records Act (California Government Code Section 6250 et o.).
Exceptions to public disclosure may be those documents or information that qualify as trade
secrets; as that terra is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secreta The City will endeavor to maintain as confidential
all information obtained by it that is designated " trade secret. The City shall not, in any way,
be liable r responsible for the disclosure of any trade secret including, without limitation, thus
records sd marked if disclosure is deemed to be required y law or by order of the Court.
. Conflict of Interest. Consultant and its officers, employees, associates and
subconsultants, if any, will comply with all conflict of interest statutes of the State of California
applicable to Consultant's services cinder this agreement, including, but not limited to, the
Political Reform Act (Government Code Sections 81000, of seq.) and Government Code
Section 1090. During the term f this Agreement, Consultant and its officers, employees,
associates and subconsultants shall not, _ without the prior written approval of the City
Representative, perform work for another person or entity for whom Consultant is not currently
performing rk that would require Consultant or one of its officers, employees, associates or
subconsultants to abstain from decision ander this Agreement pursuant to a conflict of interest
statutes
& 16. Consultant shall be responsible for its work and results
under this Agreement. nsultant, when requested, shall furnish clarification and/or explanation
as y be r tired by theCity's representative, regarding any services rendered under this
Agreement at no additional dost to City. In the event that an error or omission attributable t
Consultant occurs, then Consultant shall, , t no cost to City, provide all necessary design
drawings, esti t and other Consultant Services necessary to rectify and correct the matter
to the sold satisfaction of City and to participate in any meeting required with regard to the
correction, ,.
.17. Prohibited Emninym nt. Consultant will not employ any regular ldydd of City
while this Agreement is in effect.
6.18. Order of Precedence. In the event of an inconsistency in this Agreement n
any of the attachedExhibits, the terms set forth in this Agreement shall prevail. If, and to the
extent this r meat incorporates by reference any provision of any document, such provision
shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among h
terms and conditions of this Agreement and those of any such provision or provisions s
incorporated by reference, this Agreement shall govern over the document referenced.
.1. Costs, Each Party shall bear its oven costs and foes incurred in the preparation
and negotiation f this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
0. No Third Prtv ndfiid idhts. This Agreement is entered into for the sol
benefit of City and Consultant and no other parties are -intended tobe direct or incidental
beneficiaries f this Agreement and no third party shall have any right in, - under or to this
Agreement.
6.21. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
.22. Construction, The Parties have participated jointly in the negotiation and drafting
of this Agreement, In the avant an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties
and in accordance with its fair meaning, There shall be no presumption or burden of proof
favoring r disfavoring any Party by virtue of the authorship of any of the provisions of this
Agreement,
mnt.
6.23, Amendments. Only a writingexecuted by the Parties hereto or their respective
successors and assigns may amend this Agreement.
.2. Waiver. The delay or failure of either Party at any time to require performance or
compliance y the other of any of its obligations or agreements shall in no way be deemed a
giver of those rights to require such performance or compliance, , No waiver of any provision of
this Agreement shall be effective unless in writing and _signed ,by a duly authorized
representative of the Party against whom enforcement of a waiver is sought. The waiver of any
right or remedy in respect to any occurrence or event shall not be deemed s waiver of any right
r remedy in ,respect to any other occurrence or event, nor shall any waiver constitute
continuing giver.
.25. Severability, If any provision of this Agreement is determined by a court of
competent juris i i n to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and ;provisions hereof or of the
offending provision in any other circumstance: Notwithstanding the foregoing, if the value of this
Agreement, based upon the substantial benefit of the bargain for any Party, is materially
impaired, which determination made by the presiding court or arbitrator of competent jurisdiction
shall be binding, then -both Parties agree to substitute such provision(s) through oo faith
negotiations.
6.26. Counterparts. This Agreement may be executed in one or _ bre counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement,
.27. br r t Aut ort The persons executing this Agreement on behalf of the
Parties hereto warrant that they are duly authorized to execute this Agreement on behalf o said
Parties and that by doing'so the parties hereto are formally bound to the provisions of this
Agreement,
IN WITNESS, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, of the date first above written.
CITY OF COSTA MESA
if utiv icer
CONSULTANT
Date:
ESign�ature
Name and Title
(b 9 a CI
Social Security or Taxpayer I_ber
ATTEST:
Date- q -
City Clerk
Date- L/.
Date:
is
k �n
RM ern�ent���
jo
Project Man er
Date-
Date-
Date:
EXHIBIT A
N CONSULTANT'S
f
March 23, 291
INTERWEST.. G..41917 LTIM:G 0 R I 1U1
Ernesto Munoz, Public Services Director
City of Costa Mesa
Department of Public`Work
77 Fair Drive
Costa Mesa, CA 92626
i
® Proposal to Provide Staff Augmentation as needed to support CostaMesa's Capital
Improvement Pro a ;
Dear lir° Munoz,
P
Into est Consulting Group is pleased to submit our proposal to provide as needed staying to support the
City of CostaMesa's
Capital Improvement Program, Attached is information about our experience and
capabilities along with a proposed fee schedule:
As Interwests Public Works Group Leader, I will act as Principal -in -Charge and main management contact �
for the City. My experience included over 30 years of industry experience and a track record of successful
management and project delivery. Other technical and professional staff will be made available to support
Capital Improvement Projects as -need
t
Our staff has held senior and executive management positions within numerous California cities including
the titles of City Engineer, Public Works Director, Building Official, Traffic Engineer and other well- t
seasoned management personnel, This depth of experience brings a high level of expertise and sensitivity
towards community and special interest group issues, We value the importance of a focus that represents
the interests of our public agency clients and reflects positively on the citizens they serve: i
Please do not hesitate to contact us at (714) 399-9939 should you have any questions, Thank you again
for the opportunity to assist you on this project.
Sincerely,
1
Ja esos
Public Works Group Leader f
(949) 612-2534 Office
(714) 742-1559 j Cell t
'roes iterw�scor
i
€
. Experience I Qualifications_
Interwest Consulting,
The seamless integration of municipal service professionals in support of public
agencies has been our purpose since Intrwest Consulting Group formed in 2002.
Interwest was founded by individuals with a passion for serving €municipalities, We
currently employ approximately 200 employees spanning a multitude of disciplines
within city engineering, public works, and building and safety departments
throughout California. We currently serve over 200 cities, counties and state
agencies, We similarly serve the municipalities of Costa Mesa, Irvine, Culver City,
€ldornar, and Eastvale just to name a few.
We provide the following services to cities/counties: Construction Management, City Engineering, Capital
Improvement Program Management, Development Improvement Plan/Map Review and Entitlement,
Transportation Program ManagemenUFunding, Traffic Engineering & Transportation Planning, Building and
Safety, Real Property Acquisition, Geographic Information System (CIS), and Information Technology.
i
Personnel
E
i
Services will be directed from our Los Angeles office, which serves the entire Southern California region
with professional staff performing functions in all of our disciplines. All of our proposed staff has significant
direct experience working as city employees and as contract staff members in similar jurisdictions
l
throughout California providing the services outlined by the City. James G. Ross, Public Works Group
Leader will serve as Principal-in-Charge and as management contact to the City of Culver City,
j
Our proposed Capital Improvement Program Manager will be a professional with several years of direct
experience managing Capital Improvement Programs for local mun€cipalities. This individual will be
properly lisenced and certified In the State of California to preform the work required by the City.
't
Other technical and professional staff will be made available to support Capital Improvement Projects as-
needed. All of our staff has significant direct experience working as city 'employees and as contract staff
members in similar jurisdictions throughout California providing the Capital Improvement support services
i
that may be required by the City.
l
Individually, our professionals excel in each of their backgrounds. As a team, they possess the professional
capability to innovatively create and implement effective solutions with your agency and the community's
interests in mind.
µ
trot est Conon€tare Group Iwww.ititerwestgrp.com
Page (
l
€
�r$� �
a
a
Scope of Services
We understand that the City is seeking a firm to provide staff augmentation as -needed to support Costa
Mesa's Capital Improvement Program. We look forward to determining a more detailed scope of services
after further discussion with the City regarding staffing needs:
n
DELIVERING CAPITAL PROJECTS
fi
Delivering Capital Projects under aggressive schedules involves management, administration, and
r
oversight of project development teams from inception to completion, Project Management to Interwest
means complete ownership of all project aspects including protect delivery, funding, project development,
and budgeting. This approach has advantages because this keeps the continuity, institutional knowledge,
a
momentum, and key community contact person consistent throughout the project fife.
tate est has been successful in delivering Capital Improvement Projects by fostering an environment
where there is a sense of urgency for every single capital project, regardless of size. This is our standard
approach because, the reality is, the quality of life for residents is impacted in many ways —from congested
interchanges, potholes in city streets, gaps in the bicycle network, down to broken/cracked sidewalks,
Interwest can perform the following:
Develop project descriptions and scopes to determine budgets and delivery schedules
Assist in the identification and procurement of necessary regulatory permits
Prepare necessary internal communications to provide the City with regular status updates
regarding project schedule, budgets, potential issues, and other items of interest or concern ,!
If requested, prepare City Council staff reports, technical memoranda, or issues papers on Ij
projects
Conduct project outreach to external stakeholders as directed by the City
Manage the design team during the preparation of final plans, specification, and estimates
Manage project bidding and oversee construction support and construction
manaernentlinspection
Ensure the process is performed in adherence to Federal Agency (Le. FHWA/FTA) guidelines t
iC
If requested, provide leadership and guidance to city staff in the management of the Capital
Improvement Program.
r
Wage 12
9
l
I
IV. Hourly
The rates displayed in the flee schedule below reflect Inte est"s current fees, Hourly rates are typically
reviewed yearly on July I and may be subject to revision unless under specific contract obligations, In
addition, there is no charge for shipping, supply, or material costs,
CLASSIFICATION HOURLY BILLING RATE
Engineering
Principal in charge ....:;..4 ...:..:.. .. ....: .:......:.. ..:... ,,,...,.>,.... ......... $160
ProjectManager .... ....... ..,.......... .,...,>,.....,.,,..,o,...........,.,m,,.,.,.......<............,....,...,..,.,...,...,....,,..,....,......,.............. ...,.,.160
SeniorAdvisor...,— .........................................................................:.>...,.,,........... ...,,...,....................... .,..x,..,.,..,.,,140
Traffic Engineer ......................... ................ 130
SupervisingEngineer,,,,,,,,,,,,,,,,,.,..,........:......,......,..,,..,,..,..,....,..........,.....,,... ...,,.,,.......,...,......,.125
SeniorEngineer,..,,,o..........................................................,,.,..,...,.,,.....,.,.,..,.,..,,.,,,..,..,.,...........„..,,,,,....,.,....,..o...,.>..120
Engineering Associate lll...............................................................................................................................>...
.,..,.,.105
EngineeringAssociate ll.,........................................................,,,.,...,,.,,.,.....,...,..,......,,,.,........a...,...,..,,,,..,....,........,.,.100
EngineeringAssociate l ................................................ .e...,..........,.....,,,....,....,....,..,.,,,,a,...,.......... ..........,..,..,.,,...,..,.„65
EngineeringTechnician III.....................................................................a.,...<.,.,a,,..,...,,,,..,........ ,..o..,,.,,...,...,e...,..,....,..,75
EngineeringTechnician ll ..........:...................................... ...............a..,..,.e....,,,.....,.<,..,,..,,,..,........,.,........,..,...,,,........ 70
EngineeringTechnician l ............................,.,,............. ......... .,......... ,.,.......... ..................,.,.e.,....,....,,,,.a.......,.,...,.......a,65
StudentTrainee...........................................................................................................................................................30
BILLING
Invoices are typically generated upon the conclusion of the month. interwest Consulting Croup will work with the
City to supply the necessary billing Information,
Intim est Consulting GroupI .int t r. a
Page 13
i
AAi%C�oORV CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDfYYYY}
11/10/2015
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 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 NAI : Kath Star
USI Colorado, LLC Prof Liao �FdoNE FA
P O Box 7050 Ar N Exc:ajnD
J ARC Ne:
EMAIL
Englewood CO 80155 ADDRESS:
PRODuER
OUST MER ID #: I%iTERC(il�i3 5
INSURER(5} AFFORDING coVERAGE NAIC
INSURED IHEUEERA:'TrIve are Insurance Cc_ an 190,39
IYnterwest-Consulting Group INSURERS:XL S ecialt Insurance Com an- '1I
P.O. Box 19330
Boulder CO 60309 INSURER C:
City of Costa Mesa
77 Fair Drive
Costa Mesa CA 92626
ACORD 25 (9009109)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988-2009 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
INSURER D: _.
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 2103572735 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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.
ILTR TYPE OF INSURANCE t p WV
I POLICY NUMBER
EFF POLICY P
MMtOc YY MM(DDMYY LIMITS
A GENERAL LIABILITY `-' 660746OM6-71
121/24/203.5 12/14./2016 EACHOCCURRENCE $2,000,000
�Y
IAERCIALGENERALLIABILITV$3.,000,000
flfCLAIMS-MADE
AMA E1 iENTE �
L___j OCCUR E
MED EXP (Any one person) $10,010
PERSONAL A ADV INJURY $0,000,000
i t ( GENERAL. AGGREGATE_ . $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
i PRODUCTS - COMPIOP AGO $ 4 , OO C, 000
POLICY X PRO LOO i (
$
A AUTOMOBILE LIABILITY fIY
1
11/14/2015 22/1410016 COMBINED SINGLE LIMIT
$1,000,000
�H.A,7466M429
(Ea accident) !
X ANY AUTO
BODILY INJURY {Par pe€son) $
ALL OWNED AUTOS I
I
BODILY INJURY {Per accident} $
SCHEDULED AUTOS i
PROPERTY DAMAGE
Is
X HIRED AUTOS
I (Per accident) .I
X NON -OWNED AUTOS
$
is
A X UMBRELLA LIAR X OCCUR y 3.Y ECCSP41?ST6I5
21/14f2015122f24f2016� EAGHOCCU_RRENCE $1,000,000
CESS LIAS CLAIMS -MADE
AGGREGATE $1,000,000
DEDUCTIBLE
4 $
X RETENTION $ 0�
A WORKERS COMPENSATION � �Y ;XVMP.US'_338±334
}
(11/14/2015 11/14/2016 X WCSTATU- jOTH-
LIABILITY '
AND EMPLOYER$° YIN 4
ANY PROPRIETORIPARTNEPJEXECUTIVE
E.C. EACH ACCIDENT $1, 000, 000..
OFFICERtMEMBER EXCLUDED? ! N t A
000, 000
(Mandatory In NH)
� E,L. DISEASE • EA EMPLOYE $1,
If yes, describe under j
DESORIPTIONOFOPERATIONS below
I E.L.DC9EASE-POLtCYtttvtlTl$2,000,.000
B Professional Liability (
11/14/2015 111/14/2016 Per Claim $1,000,000
�DPR9726823
Liab Included � (
Annual Aggregate ..$5,000,000
..Pollution
Claims Made
DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
AS required by Written contract or written agreement,
the following provisions apply subject to the
policy terms, conditions, limitations and exclusions:
The Certificate Holder and owner are included as
Automatic Additional Insured's for ongoing and completed
operations under General Liability; Designated
See Attached...
CERTIFICATE HOLDER
CANCELLATION
City of Costa Mesa
77 Fair Drive
Costa Mesa CA 92626
ACORD 25 (9009109)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
O 1988-2009 ACORD CORPORATION, All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: INTERCOM
LCC #;
ADDITIONAL REMARKS SCHEDULE Page L of l
AGENCY NAMED INSURED
USI Colorado, LLC Prof L,ia% Interwast Consulting Group
P.0, Box 16330
POLICY NUMBER Boulder CO 60306
CARRIER RAID CODE
R RDi9YE DAM
ADDITIONAL E ARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACCP[t FORM,
FOR U N; 25 F IVITITLE: CERTIFICATE OF LIABILITY INSURANCE
Insured under Automobile Liability; and Additional Insured°s tender Umbrella / Excess Liability but only
with respect to liability arising out of the Named Insured work _performed on behalf of the certificate
holder and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance applies can a
primary and non- contributory basis. A Blanket Waiver of Subrogation applies for General Liability,
Automobile Liability, Umbrella/Excess Liability and Workers Compensation, The Umbrella / Excess
Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers
Liability.
Please note that Additional Insured status does not apply to Professional Liability or Workers,
Compensation.
L- I
ACCIRD 101 (2000/01) Q 2000 ACORD CORPORATION, All rights reserved
The ACORD name and logo are registered marks of ACCN �
COMMERCIAL AUTO
A.not
of
The following is added to Paragraph A.1, Who is
n Insured, of SECTION 11 — LIABILITY COV-
2 B.5,
ERAGE:s
S1_
under
1
tr and
9 ;Over-
th I and
® cove
: ry" or
*F effect
hire,
i addi-
t°rtsaver®
a4 rance
ed by
at
rg
3cg�ppIn
pr ♦
Vk action
form-
it.let
of
B. gg
OM
1. The Amt
However, any "auto" that is leased, hired,
.th
,
Who - Ll-
rented or borrowed a driver Is not a
I
covered "auto".
m„�
., PL INSURED
mhsle
operating a covered "auto!' hired or rested
under a contract or agreement in that "ern-
The following is added to paragraph .I., Who Is
An insured, of SECTION 1i L1 -
plo ee' ” name, _vvith your permission, while
A 'T4 20 OT 201The Travelers Indemnity Company. All rights reamed. Fuge i of 3
includes copyrighted material of Insurance services office, Inc. mAth Its permission,
z�R
COMMERCIAL AUT
Any "employee" of yours is an reinsured" while us-
(3) If a repair or replacement results in better
Ing a covered "auto" you don't own, hire or borrow
than like kind or quality, we will not pay for the
in your business or your personal affairs.
amount of betterment.
SUPPLEMENTARY A"y 7 I
) A deductible equal to the highest Physical
LIMITS
amage deductible applicable to any owned
1. The following replaces Paragraph .2.a:( ) of
covered"auto".
SECTI 11— LIABILITY COVERAGE:
()This Coverage Extension does not apply to:
(2) lip to $3,000 for cost of bail bonds (in-
() Any "auture that is hired,rented or bor-
cluding bunds for related traffic taw viola-
mowed with a driver, or
tions) required because of an "accident"
Any "auto" that is hired, rent rrr'bor
cover. e do not have to furnish)
these bonds,
rowed fromyour "employee".
® the following replaces Paragraph A.2.a.(4) of
m Y l — T
CTI 11— LIABILITY
l LIMIT
) All reasonable expenses incurred by the
The following replaces the first sentence In Para-
ura®"I
"Insured"
nsur " at our request, Including actual
graph .. Transportation Expenses, of
SECloss TI!1 - t AL A
of earnings up to 500 a day be-
ro
,
cause of time off from work.
TRAILERSE. INCREASED LOAD CAPACITY
e will pay rap to Sg per day to a maximum uin or
$1,500 for temporary transportation expense in -
The following replaces Paragraph CA. of -
curred by you because of the total theft of a v -
TION I — COVERED AUTOS:er
"auto" of the private passenger type.
1. *Trailers" With a load capacity of 3,000
H. AUDIO, VISUAL AND DATA ELECTRONIC
pounds or less designed primarily for travel
EQUIPMENT INCREASED UMIT
on public roads.
Paragraph .2., Limit it Insurance, of SEC -
F. HIRED AUTO PHYSICAL DAMAGE
TIONIBI — PHYSICAL DAMAGE COVERAGE i
The following is added to Paragraph A -4o-; over-
deleted.
e erasions, of 'TI 1I YSI L
L _ P DEDUCTIBLE
COVERAGE:DAMAGE
The following is added to paragraph D., Deducti-
Hired Auto Physical DamageCoverage
ble, of SECTION Ill ® PHYSICAL A
If hire" "autos" are covered "autos" for liability
Coverage but not covered "autos" for Physical
No deductible fora covered "auto" will apply to
Damage Coverage, and this policy also provides
glass damage if the glass is repaired rather than
Physical Damage Coverage for an owned "auto",
replaced.
then the Physical Damage Coverage is extended
to "autos" that you mire, rent or borrow subject to
J. PERSONAL EFFECTS
the following:
The following is added to paragraph AA., over-
() The most we will pay for "loss" in any one
"accident"
age Extensions, of SEC11ON III PHYSICAL
DAMAGE
to a faired, rented or borrowed
"auto" is the lesser of,
Personal Effects Coverage
(a) $50,000,
We will pay up to 0 for "loss" to wearing ap-
() The actual cash value of the a aged or
parel and other personal effects which are:
stolen property as of the time of the
() Owned by an "insured"; and
"loss",- or
(2) In or on your covered "auto'".
(c)'The cost of repairing or replacing the
This coverage only applies in the event of a total
damaged or stolen property with other
theft of your covered "auto".
property of like kind and quality:
o deductibles apply to personal Effects cover -
(2) An adjustment for depreciation and physical
age.
condition will be made in determining actual
cash value in the event of a total "loss".
Page 2 of 3 0 2010 The Travelers indemnity Company. All eights reserved. CA T4 20 0710
Includes copyrighted material of Insurance Services Office, lnr,. with its perm€salon:
COMMERCIAL
K. AI A
(2) Any:
The following is added to paragraph .3.0 clu-
(aOverdue tevwv or loan payments at
wens, of SECTION III — PHYSICAL DAMAGE
Bt the
time of the "loss";
Exclusion 3.a, does not apply to "loss" to one or
() Financial penalties Imposed under
lease for excessive use, abnormal wear
more airbags in a covered "auto" you own that Ira-
and tear or high mileage;
Hate due to a cause other than a cause of "loss"
set forth in paragraphs A. . and ;t.c., but
(c) Security deposits not returned by the les -
only:
or;
a. _ If that "auto" is a covered "auto" for ompre-
() Costs'for e)dended warranties, Credit Life
hensive Coverage under this policy;
Insurance, Heal , Accident or Disability
b. The airbags are not covered under any wars
Insurance purchased with the loan or
lease,, and
rantym and
(e)' Carry-over balances from previous Moans
c. The airbags were not intentionally inflated,
or leases,
We will pay up to a maximum o $1,000 for any
M.T
a4t� F
one '°loss".
The following replaces Paragraph A.S., Transfer
L. AUTO LOAN LEASE GAP
Of Rights Of RecoveryAgainst hers To Cls,
The following is added to Paragraph m4« over-
of SECTION IV — BUSINESS AUTOCONDI-
age Extensions, of SECTION III — PHYSICAL
DAMAGE COVERAGE:
S. Transfer Of Rights Of Recovery" Against
Auto Loan Lease Gap Coverage for Private
Others To Us
Passenger T°y e Vehicles
We waive any right of recovery we may have
In the event of a total "loss" to a covered "aorto" of
against any person or organization to the ex -
the private passenger type shown in the Schedule
tent required of you by a written contract exp
or Declarations for which Physical Damage ov
cuted pricer to any "accident" or "loss", ro-
erage is provided, we will pay any unpaid amount
vided that the "accident' or "loss" arises out of
®
due on the lease or loan for such covered "auto"
the operations contemplated by such con-
fess the follo °n :
tract. The waiver applies only to the person or
(f) The amount paint under the Physical Damage
organization designated in such ntract.
Coverage Section of the policy for that 'auto";
IBM
and
CA T4 20 07 10 0 2010 The Travelers Indemnity company. Ail rights reserved, Page 3 of
Includes cnpyrlghted matMal of Insurance Services Orrice, Inc. with its permission.
WWI?
.... ..
COMMERCIAL L LIABILITY
POLICY.PLEASE READ IT CAREF LLY.
This - endorsement insurance _ vid cl following:
COMMERCIAL GENERAL LIABILITY _ 7
PROVISIOa
the l Injury' 'si i for
COMMERCIAL GENERAL LIABILITY CONDITIONSg
is Sought arises out of an of-
(Section
( n ). h, r I is
tied
amended as folic .
resat a s' tion of that
.following" to r .
r agreement by you,
I
f Paragraph b. Ex.
However. If you specifically agree in a written n-
cow Insurance regardingr parnary in -
tract or written agreement that the Insurance
a' , to you is deamed
vided to an additional Insured under this
3. The followingParagraph
Coverage art must apply on a primary, or
Insurance, as an additional SUbParagraPh under
a primary and norr-contributory basis,, 1 _
1:
ance Is primary to other Insurance t is vvaw
able to such additional insured
That Is available to the insured when the insured
additional r named Insured, and
is added as an additional Insured under any other
Policy,Including ny umbrella or excess policy.
it not share with that other Insurance, provided
that:
__The 'bodily Injury' or *property damage" for
whicha g Is sought ; and
CG DO 37 04 05 Copyright 2005 the St. Paul Travelers Comp i s, Inc, All rights resetved, page t of t
COMMERCIAL GENERAL LIABILITY
THIS I . PLEASE READ IT CAREFULLY.
G
This endorsement modifies insurance provided under the following: �
COMMERCIAL GENERAL LIABILITY" COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE Provisions A. . and V. of this endorsement broaden coverage.
Provisions U. -arid W. of this endorsement may limit coverage. The following listing is a -general coverage
description only. -Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this
endorsement carefully to determine rights, duties, and what is and is not covered.
A, Broadened Named Insured N. Additional Insured — Architect, Engineer Or
. Incidental Medical Malpractice Surveyor
C.Reasonable Force Bodily Injury Or Property 0, Who is An Insured — Newly Acquired Or Formed
Damage Organizations
Dt Non -Owned Watercraft -a Increased To Up To 75 tl Who Is An Insured — Unnamed Partnership Or
feet Joint Venture Excess
Per Project General Aggregate Limit
F. R. Knowledge And Notice Of Occurrence Or
Offense
G. & Unintentional Omission
T. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us When Required Ey Con-
tract Or Agreement
U.
Je
Ile sad
K.
L. ble
snt
A. I
s
r
t
INC
the effective date of the policy. However,
CG D3 79 09 07 0 2007 The Travelers Companies, Inc. page 1 of 8
COMMERCIAL GENERAL LIABILITY
INJURY AND PROPERTY DAMAGE LI-
C. REASONABLE FO -_ BODILY INJURY O
ABILITY in COVERAGES (Section 1)m
PROPERTY DAMAGE
"Bodily injury" arising out of the rendering of,
The Expected Or Intended Injury Exclusion in
or failure to render, `iFirst aid" or "Good a-
Paragraph 2. Exclusions of COVERAGE
maritan services" to a person" other than a
BODILY INJURY AND PROPERTY DAMAGE
co -"employee" or "volunteer worker", will be
LIABILITY in COVERAGES (Section i) is de.
deemed to be caused by ars "occurrence'.
feted and replaced by the following:
For the purposes of determining the ap lica-
Expected Or Intended Injury r Damage
ble limits of insurance, any act or emission
together with all related acts or missions in
bodily injury" or ""property carnage'" expected or
the furnishing of the services to any one per-
intended from the standpoint of the insured. This
sort will be deemed one 0occurrence".
exclusion does not apply to "bodily Injury' or
"property damage"" resulting frons the use of rea-
2. s see ss this Provision .:
sonable force to protect any person or property.
a. "First aid" means medical or nursing ser-
D. NON -OWNED WTE AFT -R INC REASED
vice, treatment, advice or instruction; the
TO CDP TO 75 FEET
related furnishing of food or beverages;
the furnishing or dispensing of drugs or
1. The exception contained in Subparagraph (2)
Medical supplies or appliances,
of the Aircraft,Auto Or atercraftxclu-
m "Good Samaritan services" means those
sion in 2. Exclusions o VE RAGE A
BODILY INJURY �`Y DAM -
services render or provided in
man
AGE LIABILITY in E (Section I
an emergency and for which no rei�u-
Is deleted and replaced by the following.
neration is demanded or received.
(2) A watercraft you do not own that is:
. Paragraph .a.( )(d) of WHO 13 AN IN-
SURED (Section II) dates not apply to any of
' (a) Less than 75 feet long; and
your "employees", who are not employed as
(ti) Not being used to carry persons or
a doctor or nurse by you, but only while per-
property for e charge;
forming the services described in Paragraph
2. only as respects the insurance provided by
1. above and whole acting within the scope of
this _Provision D., WHO IS AN INSURED
their employment by you. Any such "employ-
(Section ll) is "amended to include as an in-
ees"° rendering "Good -Samaritan services"
eared any person who, with your expressed
will be deemed to be acting within the scope
or implied coent; either uses or is respcsrsm
consent,
their employment by you.
sible for the use of the watercraft.
ds The following exclusion is added toPara-
the insurance presided this provision D.
graph Exclusions of COVERAGE
shall be excess over any valid and collectible
ILY INJURY AND PROPERTY A E
other insurance available to the insured,
LIABILITY in COVERAGES (Section i):
whether primary, excess, contingent or on
Sale of Pharmaceuticals
any other basis, except for insurance pu .
"Bodily injury" or "property damage" aris-
chased specifically by you to apply in excess
ing out of the willful violation of a penal
of the Limits of Insurance shown in the Decla-
staute or ordinance relating to the safe of
rations for this Coverage Putti
pharmaceuticals committed by or with the
E. AIRCRAFT CHARTERED WITH CREW
knowledge or consent of the instated.
t. The following is added to the exceptions con.
5. The insurance provided by this"Provision B.
tained in the Aircraft, Auto . r Watercraft
shall be excess over any Valid and collectible
Exclusion in Paragraph 2. Exclusions of
other insurance available to the insured"
COVERAGE A BODILY ,_INJURY
whether primary, ,excess, contingent or on
PROPERTY LIABILITY in COV.
any other basis" except for insurance pur-
ERAGES (Section I)
chased specifically by you to apply in excess
Aircraft chartered with crew, including a pilot,
of the Limits of Insurance shown in the ecla-
to any insured,
rations for this Coverage fart.
Page 2 ofd 0 2007 The "travelers Companies, tic. CG D3 79 09 07
COMMERCIAL GENERAL LIABILITY
�r®
r
E.
HBe
d,
)rt
s
a -
F.
is
a -
r
4,
erre opener, oauseo oy:
a. _ Fire,
b, Explosion;
o® Lightning„
. Smoke resulting from
such fire, explo-
sion, or lightning; or
e@ ' Water:
A separate limit of insurance applies to this
iosion,
coverage as described in
- LIMITS F IN-
ah fire,
SURANCE (Section 111).
not an
dries
ente
i with
Pres-
on or
G.
ing or
wa-
)ipes4
3.
MCE
y the
rlaorsement:
°rern-
This exclusion dries not apply to "personal irjury"
e will
caused by malicious prosecution,
A all
uarriages oecause -ot -property damage" to
CG D3 79 9 07
0 20w the Travelers
Companies, inc, Page 3 of 3
ff
r-
COMMERCIAL GENERAL LIABILITY
H. MEDICAL PAYMENTS
() Any structural alterations, new con -
The Medical Expense L i in the hectare-.
struction or _ demolition operations
bores for this Covera s --increased toperformed'
by or on behalf of such
$10,000.
additional insureds or
1¢ INCREASED SUPPLE Apt
(3) Any premises for which coverage is
Paragraphs 1.. and PLEMENTARY
excluded by another endorsement to
PAY - COVE kND B in a '
this Coverage Dart.
ERAGES (Section 1) 1 as follows:
3. This Provision J. does not apply on any
1a fro Paragraph
ted will pay for
basis to any person or organization for
ol beb.
the cost of bail be sed to $tIr3.
which coverage as an additional insured
specifically is added by _ another en-
. In Paragraphs 1.d. t we will pay for
dorsement to this Coverage mart.
loss of earnings is o $ 00 a day. K.
ADDITIONAL I F y- LESSOR OF
J. ADDITIONAL IU :.R,MANAGER
LEASED EQUIPMENT
OR LESSOR F PREMISES
1m WHO IS AN INSURED (Section II) is
I. WHO IS AN INSURED lection 11) is
amended to include as an insured:
amended to include as an insured:
Any person or organization that you have
Any person or organization that you have
agreed in a contract or agreement to include
agreed in a contractor agreement to Include
as an additional insured on this Coverage
as an additional insured on this- Coverage
Part, but:
Part, but:
a. Only with respect to liability for "bodily in -
a. ,Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
jury." or "property damage" that occurs, or
"personal injury' caused by an offense
.personal injury" Caused by an offense
committed, after you have entered into
committed, after you have entered into
that contract or agreement; and
that contract or agreement, and
b. Only if the "bodily injury", "property dam -
b4 Only of the "bodily injury", "property darn-
age>" or "personal injury" is caused, in
age" or "personal injury" is caused, in
whole or In part, by acts or omissions of
ole or in part, by acts or omissions of
you or any person or organization per -
you or any person or organizationper-
forming operations on your behalf" in the
forming operations on your behalf, and
maintenance, operation or use of equip -
arises out of the ownership, maintenance
went leased to you by such additional in -
or use of that part of any premises teased
sured.
to you under that contract or agreement.
2® The insurance provided to such additional
. The insurance provided to such additional
insured under this Provision K. Is subject to
insured under this Provision J. is subject to
the following provisions:
the following provisions:
a. The limits of insurance afforded to such
a. The limits of insurance afforded to such
additional insured shall be the limits
additional insured shall be the limits
which you agreed to provide in the con -
which you agreed to provide in the con-
tract or agreement, or the limits shown in
tract or agreement, or the limits shown in
the Declarations for this Coverage Part,
the Declarations for this Coverage fart"
whichever are less; and
whichever are less; and
b. The Insuranceafforded to such additional
b. The insurance afforded to such additional
insured does not apply.
insured does not apply o:
(1) To any "bodily injury" or "property
(1) Any "bodily injury" or "property darn-
damage" that occurs, or "personal in -
age' that occurs, or "personal injury"
jury' caused by an offense commit -
caused by an offense committed, of-
ro=de after the equipment lease ex -
ter YOU cease to be a tenant in that
plres, or
premises;
Page 4 of 8 0 2007 The Travaiers Companies,
ihc. CG D3 79 09 07
COMMERCIAL GENERA. LIABILITY
() If the equipment is [eased with an N. ADDITIONAL INSL ENGI-
operator, _. SURVEY
-rims Prov:sion a. s t apply on _ basis gh 2. of
a r.a�� r ev':�avai . u � ie�c ��t¢aey sari �1dy �, The Tt3i€C5It1 6'
to any person or organization for which coo- WHO IS ! include
erage as an additional insured specifically is as an insured:
added by another endorsement to this Cov-
erage Parts
L. ADDITIONAL INSURED — STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATINGt,
2.
a
ZA
n
a
re,
3y
0-
Ol-
in 2. 7 or-
by
al a t.
:)f P. WHO
at
I. T
,d (l
is ft
hazard". N
rE
p,
cCrrar ally vidt ns itut briown as a Narneca in-
sured in the Common Policy Declarations,
CG D3 79 09 07 ( 2607 The Travelers Companies, Inc. Page 5 of
COMMERCIAL GENERAL LIABILITY
However, this exclusion does not apply to
Any payments made under Coverage A for
your liability with respect to your conduct of
' damages and under Coverage C for medical
the business of any current or past partner-
expenses shall reduce the Per Project Gene
ship or joint venture,
ural Aggregate Limit for that "project", but
a That is not shown as a Named Insured in
shall not reduce.
the Common Policy Declarations, and
a. Any other Per Project General Aggregate
b. In which you are a member or partner
Limit for any other "project";
where each and every one of your co-
b. The General Aggregate Limit; or
ventures in that joint venture is an arc i-
. The Products -Completed Operations Ag-
tectural, engineering, or surveying firm.
reg to Limit.
This Provision P. does not apply to any per-
The limits shown in the Declarations for this
son or organization for which coverage is ex-
Coverage Part for Each Occurrence, Darr-
eluded by another endorsement to this Cov-
age To Premises rented To You and Medical
era e Part.
Expense are also subject to the Per Project
3. The insurance provided by this Provision P.
General Aggregate Limit when the Per Pro -
shall be excess over any valid and collectible
ject General Aggregate Limit applies.
other -insurance, whether primary, excess,
a As used in the Provision
contingent or on any other basis, which i
available covering your liability with respect
"Project" means an area away from premises
to your conduct of the business of any current
owned by or rented to you at which you are
or past partnership cr joint venture that is not
performing operations pursuant to a contract
shown as a Married insured in the Common
or agreement, For the purposes of deterring
Policy Declarations and which is issued to
ing the applicable aggregate limit of insur-
such partnership or joint venture.
ance, each "project" that ;includes premises
n PROJECT i SAT LIMIT
involving the carne or connecting lots, .or
promises whose connection is interrupted
1m Paragraph 2. of LIMITS P INSURANCE
only by a street, roadway, waterway or right -
(Section lit) is deleted and replaced by the
of -way of a railroad shall be considered a sin -
following:
gle "project".
The General Aggregate Limit is the most we
R. KNOWLEDGE AND NOTICEF OCCUR-
t3 wwill
willpay for the sum of.
RENCE OR OFFENSE
a. Damages under Coverage R anis
The following is added to Paragraph 2< Duties In
b. Carriages from "occurrences" under Cov-
The Event of Occurrence, Offense, Claims Or
era e A and for all medical expenses
Suit of CO MERCIAL GENERAL LIABILITY
caused by accidents under Coverage C
CONDITIONS (Section I ):
which cannot be attributed only to opera-
Notice of an "occurrence" or of an offense which
tions at a single "project". -
may result in a claims must be givers as soon as
2, The following is added to LIMITS OF IN-
practicable after knowledge of the "occurrence"
ti O (Section 111):
or offense has been reported to you, one of your
A separate Per Project General Aggregate
"executive officers" if you area corporation), one
o your partners who is an Individual (ii you are a
Limit applies to each '°pro;ectg" for all sums
:partnership), one of .your managers (if you are a
which the insured becomes legally obligated
"occurrences"
limited
limited liability company), oris of your trustees
to pay as coinages caused 6
is aro individual (if you are a trust); or an
under Coverage -A and for all medical ex-
°'employee" (such as aro insurance, foss control or
enses Gassed by accidents under Coverage
risk manager or administrator) designated by you
which can be attributed only to operations
to give such notice.
at a singe'"project", and that limit is equal to
the amount of the General Aggregate Limit
Knowledge by any other "employee" of an "occur -
shown in the Declarations for this Coverage
rence" or offense does not imply that you also
Park
have such knowledge,
Page 6 of 8 0 2007 The Travelers
Companies, Inc. CG D3 79 0907
7
COMMERCIAL GENERAL LIABILITY
Notice of an 'occurrence" or sof an offense which
4. "Your products"
may result in a clalrn will be deemed to be given
We waive these rights only where you have
as soon racttc alsto to s if it is given in 9oo`f
agreed to do so as part of a contract or agree -
faith as soon as practicable to your workers' corn-
ment ,entered into by you before, and in effect
pensation, accident, or health insurer. This ap-
when, the "bodily injury`> or "property damage"
plies only If you subsequently give notice of the
occurs; or the"personal injury" offense or °adver-
"occurrence" or offense to pis as soon as practi-
tieing injury* offense is committed,
cable after you, one of your "executive officers
(if you are a corporation), one of your partners
U. AMENDED BODILY INJURY BF! I°TI
who is an individual (if you are a partnership),
The definition of "bodily injury' in DEFINITIONS
one of your managers (if you are a limited liability
(Section ) is deleted and replaced by the follow -
company), one of your trustees who is an individ-
Ing:
ual (if you are a trust), or aro 'employee" (such as
'Bodily injury" means:
an Insurance,loss control or risk manager or ad-
ministrator) designated by you to give such notice
a. Physical harm, including sickness or disease,
discovers that the "occurrence" or offense may
sustained by a person;
involve this policy.
b, Mental anguish, injury or illness, or emotional
, UNINTENTIONAL OMISSION
distress, ,resulting at any time from such
1. The following is added to Paragraph a Rep.
physical harm, sickness or disease; or
resenta ions of COMMERCIAL GENERAL
c• Care, loss of services or death resulting at
LIABILITY CONDITIONS (Section M:
any time from such physical harm, sickness
The unintentional ,omission of, ,or _uninten-
or disease.
tional error in, any information proovided by
V. AMENDED INSURED CONTRACT DEFINITION
you which we relied upon in issuing this pol-
— RAILROAD EASEMENT
icy shall not pro;"slice your rights ander this
I. Subparagraph c. of the definition of "Insured
insurance,
contract" in DEFINITIONS (Section is de-
. This Provision S. does not affect our right to
leted and replaced by the following:
collect additional premium oro exercise our
c, Any easement or license agreement;
right of cancellation or nonrenewal in accoar-
2. Subparagraph f.(1) of the definition of "in -
dance with applicable insurance taws orregu-
sured contract" in DEFINITIONS (Sections V)
lations.
is deleted.
T. WAIVER OF TRANSFERF RIGHTS OF
W. AMENDED PROPERTY DAMAGE DEFINITION
RECOVERY AGAINST OTHERS TO US WHEN
— TANGIBLE PROPERTY
REQUIREDY CONTRACT OR AGREEMENT
T e following l added to Paragraph8.Transfer
The definition of "property damage" inF I-
of Rights of Recovery Against Others to Us of
TIONS (Section ) is deleted and replaced by
COMMERCIAL GENERAL LIABILITYCONDI-
the following:
TIONS (Section IV),
"Property damage" means:
We waive any rights of recovery we may have
a. Physical injury to tangible property, including
against any person or organization because of
all resulting loss of use of that property. All
payments we make for "bodily injury", "property
such bass of use shall be deemed to occur at
damage"" "Personal injury' or "advertising injury'
the time of the physical injury that caused it"
arising out of: _
or
1. Premises owned by you, temporarily occu-
b• Loss of use of tangible property that is not
pied by you with permission of the owner, or
physically injured. ;All such loss of use shall
leased or rented to you;
be deemed to occur at the time of the "occur -
2. Ongoing operations performed by you, or on
rence" that caused it.
your behalf, - under a contract or agreement
For the purposes of this insurance, tangible prop -
with that person or organization;
arty does not include data.
3. 'Your work"� or
CID D3 79 09 07 02007 The Travelers
Companies, Inc. Page 7 of 8
COMMERCIAL GENERAL LIABILITY
X. The following definition is added to SECTION V and "property damage" occurs, and the "personal
DEFINITIONS: injury' is caused by an offense committed:
"Contract or agreement requiring insurance" a. After you have entered into that contract or
means that part of any contract or agreement agreement;
under which you are 'required to include a person b. Wile that part of the contract or agreement
or organization as an additional insured on this is to effect; and
Coverage Fart, , provide that the '"bodily injury
cm Before the aria of the policy period.
Page 8 of 8 0 2007 The Travelers Companies, Inc: CG D3 79 09 07
�s
i
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
s EN a INE
RS AND SURV YORS)
This endorsement modifies insurance provided under the
following:
COMMERCIAL GENERAL LIABILITY Y OVERA
PART
A. The following is added to WHO IS INSURED
INSURANCE (Section 11 1) for this Coverage
(Section 11):
mart.
Any person or organization that you agree in a
B. The following is added to Paragraph a. of 4.
'"contract or agreement requiring insurance" to in-
Other Insurance in COMMERCIAL GENERAL
clude as an additional insured on this Coverage
LIABILITY O ITIS (Sections IV):
Part, but only with respect to liability for "bodily in-
However, if you specifically agree in a "contract or
juryo, property damage" or "personal injury"
agreement requiring insurance" that the insurance
caused, in whole or in part, by your acts or omis-
provided to an additional insured under this Cove
sions or the acts or omissions of those acting on
erage Part must apply can a primary basis, or a
your behalf.
primary and nova -contributory basis, this insurance
a. In the performance of your ongoing opera-
is primary to other insurance that is available to
tions;
such additional insured which covers such addi-
b. In connection with premises owned by or
tional insured as a named insured, and we will not
rented to you; or
share with the other insurance; provided that:
c. In connection with "your work" and included
(1) The "bodily injury" or "property damage" for
within - the "products -completed operations
which coverage is sought occurs; and
hazard".
() The "personal injury" for which coverage is
Such person or organizations does not qualify as
sought arises out of an offense committed; a
an additional insure for "bodily injury" "property
after you have entered into that "contract or
damage" or ""personal injury" for which that per-
agreement requiring insurance". But this ;insur-
son or organization[ has assumed liability in a cola-
ance still is excess over valid and collectible other
tract or agreement.
insurance, whether primary, excess, contingent or
The insurance provided to such additional insured
on any other basis, that is available to the insured
is limited as follows:
when the insured is an additional insured [ander
d. This insurance doses not apply on any basis to
any other insurance,
any person or organization for which cover-
C. The following is added to Paragraph 8. Transfer
age as an additional' insured specifically is
Of Rights Of Recovery Against thers To Us
added by another endorsement to this Cover-
in COMMERCIAL -GENERAL LIABILITY -
age Part.
DITIONS (Sections IV):
e. This insurance doses not apply to the render-
We waive any rights of recovery we may have
ing of or failure to render any "professional
against any person or organization because of
services".
payments we make for "bodilyu
injury", ry' , '°property
C The limits of insurance afforded to the ddi-
damage" or "personal injury" arising out of "your
tional insured shall be the limits which you
work" performed -by you, or on your behalf, under
agreed in that "contract or agreement re uir-
a "contract or agreement requiring insurance" with
ing insurance" to provide for ,that additional
that person or organization. We waive these
insured, or the limits shown in the Declara-
rights only where you have agreed to dry so as
tions for this Coverage Fart, -whichever are
pari of the "contract or agreement requiring ins€ir-
less. This endorsement does not increase the
ance" with such person or organization entered
limits of insurance -stated in the LIMITS F
into by you before, and in effect when, the "bodily
CG D3 1 09 07 0 2007 The Travelers Companies, Inc. Page 1 of 2
Includes the Copyrighted material of insurance
Services Office. Inc_ with its permission
COMMERCIAL GENERAL LIABILITY
injury" or 'property damage" occurs, or the "per- erage Fart provided that the "bodily injury" and
sonal injury" offense is committed. "property damage" occurs, and the "personal in -
The following definition is added to DEFINITIONS lune°" is caused by an offense ctrE mitted:
(Section )a a. After you have entered into that contract or
"Contract or agreement requiring insurance" -agreement; ,
means that part of any contract or agreement tire- Is. While that part of the contract or agreement is
der which you ars: required to include a person or in effect; and
organization as an additional insured on this Cov- c. 'Before the enol of the policy perked,
Page 2 of 2 Oc 2001 rhe Travelers Compan;p.s,'nc. CG D3 8109 07
includes the copyrighted rrL,teriat of €r urarnce Services Office, Inc,, woi its permission
In
TR ORKERS CO
O
AND
PLOYERS LIAalLITY POLICY
ENDORSEMENT WC 00 31
POLICY NUMBER:
We have the right to recover our payments from anyone liable for an injury cowered by thislicym e °ii hat
enforce sur right against a person r organization in Schedule. his agreement pees nhto
extent that you perform work under a writtenntract that requir s you to obtain this agreement r�
us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule,
DESIGNATEDSCHEDULE
DATE OF ISSUE- T ASSIGN:
f
EXHIBIT C
CITY COUNCIL POLICY 100-6
SUBJECT POLICY EFFECTIVE PAGE
NUMBER DATE
DRUG-FREE WORKPLACE 100-5 8-8-89 1 of 3
BACKGROUND
her the Federal Drug -Free Workplace Act of 1988, passed as part of omnibus drug legislation
enacted November 18, 1988, contractors and grantees of Federal funds must certify that they
will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub -grantee
of Federal funds under a variety of programs, is required to abide by this Act. The City Council
has expressed its support of the national effort to eradicate drug abuse through the creation of a
Substance use Committee, institution of a City-wide D.A.R.E. program in all local schools and
other activities in support of a drug-free community. This policy is intended to extend that effort
to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in
the workplace.
PURPOSE
It is the purpose of this Policy to:
I . Clearly state the City of Costa Mesa's commitment to a drug-free society,
2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving
funds from the City of Costa Mesa share the commitment to a drug-free workplace.
POLICY
The City Manager, under direction by the City Council, shall take the necessary steps to sl
that the following provisions are included in all contracts and agreements entered into by t
City of Costa Mesa involving the disbursement of funds.
1. Contractor or Sub -grantee hereby certifies that it will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
Contractor's and/or sub -grantee's workplace, specifically the job site or location
included in this contract, and specifying the actions that will be taken against the
employees for violation of such prohibition,
SUBJECT POLICY EFFECTIV
NUMBER DATE
DRUG-FREE WORKPLACE 100-5 8-8-89 2 of 3
b. Establishing a Drug -Free Awareness Program to inform employees about:
1, The dangers of drug abuse in the workplace,
2. Contractor's and/or sub -grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation and employee assistance programs,
and
4. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
c. Making it a requirement that each employee to be engaged in the performance of the
contract be given a copy of the statement required by subparagraph A-,
d. Notifying the employee in the statement required by subparagraph 1 A that, as a
condition of employment under the contract, the employee will -
1. Abide by the terms of the statement; and
2. Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such conviction, -
e. Notifying the City of Costa Mesa within ten (10) days after receiving notice under
subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of
such conviction;
fe Taking one of the following actions within thirty (30) days of receiving notice under
subparagraph 1 D 2 with respect to an employee who is so convicted:
1. Taking appropriate personnel action against such an employee, up to and
including termination,* or
2. Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or
local health agency, law enforcement, or other appropriate agency;
SUBJECT POLICY EFFECTIVE
NUMBER DATE
DRUG-FREE 100- 8-8-89 3 of
g. Making faith effort to maintain a drug-free workplace through implementation
f subparagraphs 1 A through 1 F, inclusive.
24 Contractor and/or sub -grantee shall be deemedto be in violation of this Policy if the City
f Costa Mesadetermines that;
. _ Contractorand/or -grantee has made a false certification under 'paragraph 1
above;
Contractor and/or sub -grantee sub-granteehas violated the certification by failing to carry out
the requirements of subparagraphs 1 A through 1 G above;
b, Such number of employees , of Contractor and/or sub -grantee have been
convicted of violations of criminal drug statutes for violations occurring in the
workplace s to indicate that the contractor and/or sub -grantee has failed to
make a good faith effort to providedrug-free workplace.
. Should any contractor and/or sub -grantee be de to be in violation of this Policy
pursuant to the provisions of 2 A, B,_ nd C, a suspension, ter inati n or debarment
proceeding j t to applicable Federal, State, and local laws shall be conducted.
Upon issuance of any final decision under this section r uirin debarment of a
retractor and/or sub -grantee, the contractor /or sub -grantee shall be ineligible for
awardf any contract, agreement or grant from the City of Costa Mesa for a period
specified in the decision, not to exceed five (5)years. Upon issuance of any final
decision recommending against debarment of the contractor and/or sub -grantee, the
contractor and/or sub -grantee shall be eligible for compensation as provided by law,
I
AMENDMENT NUMBER ONE
TO PROFESSIONAL SERVICES T
IT
INTERWEST CONSULTING GROUP, I
This Amendment Number One ("Amendment") is made and entered into this 30th day of
March, 2017 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal
corporation ("City"), and INTERWEST CONSULTING GROUP, INC., a Colorado corporation
registered to do business in California ("Consultant").
WHEREAS, City and Consultant entered into an agreement on March 31, 2016 for
Consultant to provide temporary senior and executive level management staff to fill positions
within the Public Services Department as needed for twelvemonths, through March 30, 2017 (the
"Agreement"); and
WHEREAS, City and Consultant desire to extend the term of the Agreement for three (3)
months, through June 30, 2017, and to 'increase Consultant's maximum compensation
accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. The term of the Agreement shall be extended through June 30, 2017.
2. Consultant's total compensation shall not exceed Six Hundred Thirty -Nine
Thousand Five Hundred Dollars ($630;500.00). Consultant shall be paid according to the
Fee Schedule set forth in the Agreement.
. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
. All other terms, conditions, and provisions of the Agreement, as amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by and through their respective authorized officers, as of the date first written above.
CITY OF COST MESA
Date.
n r
CONSUL ANT
y
Date: ! h
Si at ire
-------------------
Name and Title J
1
Interwest Consulting Group, Inc. AmendmentNumber One
Rev. 11-1
ATTEST;
n
City Clerk
APPROVE , A FORM
Date:
City Att Hey
APPROVED AS TO INSURANCE:
Date: A—/1,2 /-7
Riska agement
APPROVED AS TO CONTENT:
Date:/,/7
Project Mana er
DEPARTMENTAL APPROVAL.
Date:
Public enrices Director
APPROVED AS TOURCHASING:
Date'. Fin nce Director
2
Interwest Consulting Group, Inc. Amendment Number One
Rev. 11.16
o,
AMENDMENT NUMBER TWO
TO PROFESSIONAL VI T
WITH
INTERWEST CONSULTING 4 , INC.
This Amendment Number Two ("Amendment") is made and entered into this 20th day of
June, 2017 ("Effective Date"), by and between the CITY OF COSTA -MESA, a municipal
corporation ("City"), and INTERWE T CONSULTING GROUP, INC., a Colorado corporation
registered to do business in California ("Consultant").
WHEREAS, City and Consultant entered into an agreement on March 31, 2016 for
Consultant to provide temporary senior and executive level management staff to fill positions
within the Public Services Department as needed for twelve (12) months, through March 30, 2017
(the "Agreement"); and
WHEREAS, on March 30, 2017, City and Consultant extended the term of the Agreement
through June 30, 2017 and increased Consultant's maximum compensation to Six Hundred
Thirty -Nine Thousand Five Hundred Dollars ($639;500.00); and
WHEREAS, City and Consultant now desire to extend the term of the Agreement for nine
(9) months, through March 31, 2018, ;and to increase Consultant's maximum compensation
accordingly.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. The term of the Agreement shall be extended through March 31, 2018.
2. Section 2.1 of the Agreement shall be amended to reflect that Consultant's total
compensation shall not exceed One Million Twenty -Seven Thousand Five Hundred
Dollars ($1;027,500.00). Consultant shall be paid according to the Fee Schedule set forth
in the Agreement.
3. All terms not defined herein shall have the same meaning and use as set forth in
the Agreement.
. All other terms, conditions, and provisions of the Agreement, as amended, shall
remain in full force and effect.
[Signatures appear on following page.)
Interwest Consulting Group, Inc. Amendment Number Two
Rev. 11-1
.., i
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed
by and through their respective authorized officers, as of the date first written above.
CITY OF COSTA MESA
Date:
;Ka r
CONSULTANT
Date:
,"Sign ure
G. C4-occ 1.tic Wq�fkc- Groulp LRctcler-
�Pul)�tic W�alk
Name and Title
ATTEST:
V
IN—
City Clerk OR
APPROV AS 0 FORMI,
Date:
City A Corney
APPROVED AS TO INSURANCE:
4FRisManage�ment
APPROVED AS TO CONTENT:
Project�Mana�er
I
Date: I
I -11r
Date: (,:�, 2, 2-
Interwest Consulting Group, Inc. Amendment Number Two
Rev. 11-16
DEPARTMENTAL. APPROVAL
Date:
Public ervices Director
APPROVED AS TO PURCHASING:
4_
;r
mate
: t
lfnteri �Fian�ceDire�ctor
3
Interwest Consulting Group, Inc. Amendment Number Two
Rev. 11-1