Loading...
HomeMy WebLinkAboutC-5571 - PSA for Newport Coast Community Center Stage RemodelAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY + DOUGHERTY ARCHITECTS, LLP FOR NEWPORT COAST COMMUNITY CENTER STAGE REMODEL THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 8th day of April, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DOUGHERTY + DOUGHERTY ARCHITECTS, LLP, a California limited liability partnership ("Consultant"), whose address is 3194D Airport Loop, Costa Mesa, CA 92626-3405, and is made with reference to the following: RECITALS A. On August 6, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to engage Consultant to provide architectural and engineering support services for the Newport Coast Community Center stage remodel ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Request for Additional Services dated March 26, 2014, attached hereto and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT 2.1 Section 4.1 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consult for the Services on a time and expense not -to -exceed basis in accordance with this Section and the Scope of Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Five Thousand Four Hundred Sixty Dollars and 00/100 ($35,460.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 2.2 The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Eight Thousand Dollars and 001100 ($8,000.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Dougherty + Dougherty Architects, LLP Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California ii al corporation Date:—.3 - � 1- (� Date: 4- -0 I q %\, �T-T ')yoBy: B Aaron C Harp Da A'ebb City Attorney Public Works Director ATTEST: CONSULTANT: Dougherty + Dougherty Date: if Architects, LLP, a California limited liability partriership� Date: /Y By: � FX Leilani I. Brown City Clerk By: Bets OI ick oug erty Partner Date: • By: Brien Paul Dougherty Partner [END OF SIGNATURES] Attachments: Exhibit A - Request for Additional Services dated March 26, 2014 Dougherty + Dougherty Architects, LLP Page 3 EXHIBIT A REQUEST FOR ADDITIONAL SERVICES Dougherty + Dougherty Architects, LLP Page A-1 - In � RCN ,ZCT,.UP March 26, 2014 r+:esu;Rs Mr; Fong Tse City of Newport Beach 100 Civic Center Drive Airport taap Newport Beach; California 92660 Costo Mow calrfomtq 92626-3405 Re: Request. for Additional Services 714.427.02770 Newport CoastCommunityCenter Stage Conversion 714.427.023311 D+D Project Number 21301.60 A.3 WINW4DARCHIrEC'n1RE:-0 ". Dear Fong: Thank you for the opportunity to request additional services to complete the design and construction support process for the Newport Coast Community Center Stage Conversion. It is our understanding that the project bid at $71,000, and requires a 10% contingency that puts the construction budget at $85,000. That is not far off of our preliminary cost estimate of $80,000, The project design has taken a bit longer than anticipated, with the exploration of options along the way, and changes to meet the plan review requirements. As discussed, our fee has been exceeded by $2,602.60 through bid award with reimbursable expenses and consulting engineering. We have indicated this on our last invoice, and have not billed this amount as it exceeds our authorization. It is also estimated that construction support services will be $5,000, with myself providing support as needed. It is not anticipated that we will have regular meetings, but I can stop by the site at intervals. At my rate, this gives me 27 hours. If you need a few more, I will be happy to give my time at no added fee if within a reasonable margin. Hopefully we will have what we need to achieve success. With the outstanding balance of $2,600 (rounded) and construction support services at $5,000, this request totals $7,600 without reimbursable expenses. I recall that the Building Department requires any changes to be submitted with three full size hard copies, If reimbursables are included, perhaps the reimbursable line item should be a not-to-exceed of $400. We can provide digital as-built files on a disk at no charge. This all- inclusive total, then, is proposed to be $8,000. Your continued support and your consideration of this request is greatly appreciated. We look forward to realizing the stage conversion with you in time for the Summer program. t wishe h etsey 0 Ick Dougherty, FAIA, D AP BD+C Partner-in-Charge 1 (— PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY + DOUGHERTY ARCHITECTS, LLP FOR NEWPORT COAST COMMUNITY CENTER STAGE REMODEL i THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 6th day of August, 2013 ("Effective Date"), by and between the �J CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and DOUGHERTY + DOUGHERTY ARCHITECTS, LLP, a California limited liability partnership ("Consultant"), whose address is 3194D Airport Loop, Costa Mesa, CA 92626-3405, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide architectural and engineering support services for the Newport Coast Community Center stage remodel ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work''). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Scope of Services and Schedule of Billing Rates attached hereto as Exhibit A. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty Seven Thousand Four Hundred Sixty Dollars and 001100 ($27,460.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did Dougherty + Dougherty Architects, LLP Page 2 not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Scope of Services and Schedule of Billing Rates as set forth in Exhibit A. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Betsey Olenick Dougherty, FAIA, LEED BD+C, to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Principal Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. Dougherty + Dougherty Architects, LLP Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Dougherty + Dougherty Architects, LLP Pagem civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting Dougherty + Dougherty Architects, LLP Page 5 power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall Dougherty + Dougherty Architects, LLP Page 6 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall D. Dougherty Page 7 not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Dougherty Dougherty Architects, LLP -..- Attn: Fong Tse, Principal Civil Engineer Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Betsey Olenick Dougherty Dougherty + Dougherty Architects, LLP 3194D Airport Loop Costa Mesa, CA 92626-3405 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Dougherty + Dougherty Architects, LLP Pageo Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.8 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govem this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. Dougherty + Dougherty Architects, LLP Page 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Dougherty + Dougherty Architects, LLP IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO NEY'S'�E Date: NP, AP W- -. Vmw--.� Aaron C. Harp City Attorney ATTEST: Date: 0' /q' 13 CITY OF NEWPORT BEACH, a California municipal corporation Date:'—l� By: V David A. ebb Public Works Director CONSULTANT: Dougherty + Dougherty Architects, LLP, a California limited liability p�nerip I Date: By: 441By: Leilani I. Brown Betsey Olenick Dougherty City Clerk Partner Date: V "-1"4 By:" Brian aul Dougherty Partn r [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services and Schedule of Billing Rates Exhibit B — Insurance Requirements Dougherty + Dougherty Architects, LLP Page 12 EXHIBIT A SCOPE OF SERVICES AND SCHEDULE OF BILLING RATES Dougherty + Dougherty Architects, LLP Page A-1 L,QR C EC 13 Li 00 Airport Loop Costa Mesa California 42626-3405 714.427.0277 714.427.0288 .dDARCHiTECTURE. July 10, 2013 Mr, Fong Tse City of Newport Beach 100 Civic Center Drive Newport Beach, California 92660 Re: Newport Coast Community Center City of Newport Beach Stage Conversion Proposal (Updated) D+D Project No, 21301,00 D+D File No. A.3 N= It is a pleasure for Dougherty + Dougherty Architects LLP to provide you with this revised proposal for architectural and engineering support services for the Newport Coast Community Center Stage Conversion to accommodate your Early Child Development program. The scope of work is understood to be as follows; • Install a full storefront window with a pair of entry doors at the exterior roll -up door opening at the stage. At the bottom will be a short wall or spandrel panel for cubbies to line up out of view, This will serve as the primary entry to the room, as it is fully access compliant with the ramp to the stage. Additional exterior lighting at the door is anticipated, as well as a security alarm system. The pair of doors is sized appropriately for the legal fire exit for the allowable occupancy of an estimated 24 people. The roll -up door is to remain behind the curtain wall and may be rolled down for security reasons. • Infill the stage opening facing the gym with a staggered stud wall with continuous insulation to provide an acoustical separation between activities. The existing drape is to remain, to be reversed with the front side facing the new storefront for an exterior stage backdrop use. The City will have the option of leaving the drape open or closed. A reverse of this conversion would also be easily accomplished in the future over the life of the building. • Remove the existing lift, install as subfloor to lift the floor level to the stage, and enclose this vestibule for storage with a door to the stage level. A transfer grill and louvered door is anticipated for HVAC return air. • Consider building up the floor at the interior steps as well to match the lift vestibule and provide more storage, it may be determined that an exit for safety and convenience needs to be maintained here, in which case a wall and door could be located at the top or bottom. This interior path of travel to the restrooms and the closest sink may be required by licensing. This level of detail has yet to be determined. • Patch and paint existing and new walls as required. The wood stage floor is to remain. The staff may chose to install tackable acoustical wall panels in the room. We can provide a specification. • Changes to the interior lighting and controls will be minor, with a modification to the fluorescent fixture that laps into the lift vestibule, and new lighting and a switch installed in the storage closet(s). It is possible that surface -mounted conduit to power and telecommunications outlets may be added, Mr. Fong Tse City of Newport Beach July 10, 2013 Page 2 of 3 • There are no anticipated changes to the fire and life safety system, since devices are provided to meet code. • It is assumed that the forced air system will not require any major modifications, other than to ensure a path of travel for return air to the register in the "Green Room." At a minimum, this will entail transfer grilles and louvers. • There is no plumbing anticipated with this work, and there is no sink in the room, which would be required if the room is every a licensed facility. Children are now escorted to the restroom, and this would not change. The proximity is similar. The closest sinks are in the restrooms and in the meeting roams across the hall. A leased water cooler dispenser can easily be located in the room for drinking water. Based upon the scope description as articulated above, the architectural and engineering fees proposed for this project are as follows: Design: Architectural: Partner/Project Manager: $1851hr. x 4 hrs. = Job Captain: $1251hr. x 8 hrs. = BIM Design Technician: $1101hr. x 32 hrs. = Structural: Structural Engineer. $145.00 x 10 hrs. = Structural BIM Technician: $110.00 x 4 hrs. _ MEP hourly NTE as needed: MEP Engineer: $145.00 x 10 hrs. = MEP BIM Technician: $110.00 x 4 hrs. Subtotal Design: Construction Documents (includes plan check and approval): Architectural: Partner/Project Manager: Job Captain: BIM Design Technician Structural: Structural Engineer. Structural BIM Technician: MEP hourly NTE as needed: MEP Engineer. MEP BIM Technician: $185.00 x 4 hrs. _ $125.00 x 16 hrs. = $110,00 x 40 hrs. = $145/hr. x 10 hrs. $190/hr. x 4 hrs. = $145.00/hr. x 10 hrs. $110.00/hr, x 4 hrs. = $ 740.00 $1,000.00 $3,520.00 $1,450.00 $ 440.00 $1,450.00 440.00 $9,040.00 $ 740.00 $2,000.00 $4,400.00 t rr ,,rrr $ 9,040 $1,450.00 $10,920.00 $10,920 Bid Support: Hourly as needed based upon the attached Houdy Rate Schedule, estimated NTE $ 1,500 Y:1204 P,*1.W1301.00 Newport rew Corm CV -C. s an dSUge PIWOrt OLVA-NeOWgnl0.3PrclmecPCasW 94=$loge AlasPRP LTR 1UjdY2013.4= ❑m 00 Mr. Fong Tse City of Newport Beach July 10, 2013 Page 3 of 3 Construction Administration Support Services and Record Drawings: Hourly as needed based upon the attached Hourly Rate Schedule, estimated NTE $ 3,000 Total NTE (not including reimbursable expenses): $24,460 Reimbursable Expenses : (NTE) 3,000 (reproduction and delivery/courier at 1.1x direct expense) Total (NTE): $27,460 Additional services may be provided as an amendment to the contract authorization, utilizing the attached Hourly Rate Schedule. We look forward to the opportunity to work with you once again. All the best to you in your new location. Betsey Olenick Dough , FAIA, LCED BD+C Partner Attach: Hourly Kate Schedule Y:1201] %ajels121]g1.g0 Newport Coast Camm Ctr Conwtvatr d Spee %apwiMDalaN_PreCe519nW Agreemenp O.wwrIrzNpol� ArcKlecFCauuAanlINCCC Stage Maes PRP lTR 1QuIy301]docR ,aRCHiTECNJRE PLANNING i"'IN10R5 Aaponloop Costo Meso California 42626-3405 714.427.0277 0 7K427.0288Ii W'RW ADARCHITECTU RE.COM COSrA ht_jA OAKLAND Lt? 2013 HOURLY RATES The following hourly rate schedule applies to all members of the architectural team: Principal $185.00 per hour Senior Project Manager $165-00 per hour Project Manager $145.00 per hour Consulting Engineer $145.00 per hour Job Captain $125.00 per hour Technical Architectural/Engineering $110.00 per hour Administrative Personnel $90.00 per hour FWA:I W 112 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Dougherty + Dougherty Architects, LLP Page b-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Dougherty + Dougherty Architects, LILP Page b Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (64) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Dougherty + Dougherty Architects, LLP Page b-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/12/13 Dept./Contact Received From: Lucie Date Completed: 8/12/13 Sent to: Lucie By: Chris cnec Company/Person required to have certificate: Dougherty + Dougherty Architects, LLP Type of contract: All Others I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/15/13-11/15/14 A. INSURANCE COMPANY: Travelers Indemnity Co. of Connecticut B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 2,000,000/4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) N/A include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No L PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 1/11/13-1/11/14 A. INSURANCE COMPANY: Travelers Property Casualty Co. of America B. AM BEST RATING (A-: VII or greater) A+:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - if Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No iu. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 9/1/13-9/1/14 A. INSURANCE COMPANY: American Automobile Ins Co B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED W. PROFESSIONAL LIABILITY V POLLUTION LIABILITY ■ HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF N4 WHICH ITEMS NEED TO BE COMPLETED? Approved: �,�� 8/12/13 Agent of Ailiant Insurance Services Date Broker of record for the City of Newport Beach ►5 Yes ■ No E Yes ■ No 1,000 ,000 ►./ Yes ■ No ►,1 ■ Yes ■ No ■ NIA ►1 Yes ■ ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No o■ ■ + RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _: Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. aco��a CERTIFICATE OF LIABILITY INSURANCE DAT . 3 2D;13f PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 10550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana CA. 92711-0550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MED EXP (Any one person) $10 00 0 INSURERS AFFORDING COVERAGE INSURED INSURE RA Tr Indemnit Co. of Connecticut Dougherty + Dougherty Architects, LLP INSURERS Traveler Property Casualty Co of Ameri 3194-D Airport Loop Drive INSURER C:Am.erican Automobile Ins_Co-v._....._ Costa Mesa CA 92626-3405 — INsURERD:Ar :pnAut Insurance Com Sian INSURER E COVERAGES 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 HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I ire TYPE OF INSURANCE POUCYNUMSER POLICY EFFECTIVE POLICY EXPIRATION. LIMITS A GENERAL LIABILITY 680610OL217 11/155/2012 11/15/2013EACH OCCURRENCE _ S" 00 000 .a... $1;.<..Q 0 000 'X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) CLAIMS MADE 1XI OCCUR MED EXP (Any one person) $10 00 0 X COntrctua1 PERSONAL B ADVINJURYw $2,000 000 $4 - LL`l]� r 1"V GENERAL AGGREGATE it GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $11 000 000 POLICY PRO- F LOC IFCT $ AUTO MOBILE LIABILITY SA7379I,627 1/11/2013 1(11{2014 COMBINED SINGLE LIMIT IX (E aacc3tlenii $1 000,000 ANY AUTO _r, ALL OWNED AUTOS BODILY INJURY (Per persm) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY X NON-OWNEDAUTOS (Per accitleM) $ PROPERTY DAMAGE $ (Per accitleM) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ $ Z ANY AUTO OTHER THAN EA ACC, AUTO ONLY: AGG $ E%CESS LIABILITY EACH OCCURRENCE $ OCCUR -,� CLAIMS MADE AGGREGATE $ .$�,._ DEDUCTIBLE RETENTION $ $ C WORKERS COMPENSATION ANO WZP81012583 'i 9/1/2013 9/1/2014 X We STATU- OTW EMPLOYERS'LIABILITY E.L. EACH ACCIDENT $1 000,000 $], 000 000 E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT D OTHER IAE11413023 11/27/2012 17../2"7/2013 Per Claim $2,000,000 Professional Liability Annual Aggr. $2,000,000 Claims made DESCRIPTION OF OPERATIONS&OCATK)NSJVENICLESIEXCLUS*NS ADDED BY ENDORSEMENTJSPECIAL PROVISIONS eneral Liability policy excludes claims arising out of the performance of professional services. Pe; rYC Rehabilitation Project The City of Newport Beach, its elected or appointed officers, officials, and employees re Additional. Insured as respects to general liability and auto liability as required by written contract. Primary insurance applies to general liability as required by written contract. Waiver of subrogation applies to workers compensation as required by written contract. CERTIFICATE HOLDER I I ADDITIONAI INsuRFn• INBURFR LETTER: CANCELLATION7f1 T)av Nntire for Non-Pavnient ACORD 26-S (7197) @ ACORD CORPORATION 1933 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER C..ty of Newport Beach WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE Public Works Dept. HOLDER NAMED TO THE LEFT. 3300 Newport Blvd. Newport Beach CA 92658 AUTHORIZED REPRESSNTA ACORD 26-S (7197) @ ACORD CORPORATION 1933 Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 If the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured: Dougherty t Dougherty Architects, LLP Producer: Dealey, Renton & Associates Schedule Person or organization City of Newport Beach Public Works Dept. 3300 Newport Lied. Newport Beach CA 92658 Additional Premium % We have the right to recover our payments from any- one 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 perfonn work under a written contract that requires you to obtain this agreement from us.) C U' L Authorized Representative WC040306 Policy Number W P81012583 Effective Date 8/7!2033 Job Description Re: CYC Rehabiiitation Project The City of Newport Beach, its elected or appointed officers, officials, and employees You must maintain payroll records accurately segre- gating the remuneration of your employees while en- gaged in the work described in the Schedule. The additional premium for this endorsement shall be the percentage, as shown in the Schedule applicable to this endorsement, of the California workers' compensation premium otherwise due on such remuneration. POLICY #: BA7379L627 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 8/7/2013 Countersigned By: Named Insured: Dougherty + Dougherty Architects, LLP Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Re: CYC Rehabilitation Project The City of Newport Beach, its elected or appointed officers, officials, and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions, b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed, d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 08 07 Includes the copyrighted material of Insurance Services office, Inc., with its permission.