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HomeMy WebLinkAboutC-5209 - Design PSA for Marina ParkAMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING, INC. FOR MARINA PARK 1 THIS AMENDMENT NO. ONE TO AGREEMENT FOR PROFESSIONAL SERVICES ( "Amendment No. One ") is made and entered into as of this Pday of i �.fantrary, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Gable Engineering, Inc., a California corporation ( "Consultant "), whose address is 2700 W. Coast Highway, Suite 220, Newport Beach, CA 92663 and is made with reference to the following: RECITALS A. On August 15, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for project management services for the Marina Park Project ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2013 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. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of this Agreement shall commence on August 15, 2012, and shall terminate on December 31, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include Addendum No. 1 to Proposal for Project Management Services dated December 14, 2012 which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Section 4.1 shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Schedule of Billing Rates attached to the Agreement as Exhibit B. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Eighty Five Thousand Dollars and 001100 {$85,000.00} 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. ll 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] Gable Engineering, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY Date: A TMY'SOFFICE 0 Aaron C. Harp City Attorney ATTEST: Date: ' By: Leilani I. Brown City Clerk �"oRN1A Attachments documentl IF -AM CITY OF NEWPORT BEACH, A California municipal corporation Date: -Za L4113 By: L Dave iff City Manager CONSULTANT: Gable Engineering, Inc., a California corporation Date: ! 2- B B Mark S. Reader President and Treasurer [END OF SIGNATURES] Addendum No. 1 to Proposal for Project Management Services Gable Engineering, Inc. Page 3 *(al I Gable Engineering, Inc. Page A -1 CA BLE CONSULTING, Addendum Proposal for Project Management Services Date: December 14, 2012 Mr. Dave Webb Assistant Public Works Director 3300 Newport Blvd, City of Newport Beach, CA Re: Marina Park Project The Project Management services outlined per the Scope of Services dated July 31 st, 2012 to complete the Regulatory Permitting and continued negotiations With SCE for the purchase of the vacant substation parcel Is still ongoing. Exhibit "B" of the previous Scope of Services anticipated project demolition would begin in early January 2013 and estimated a work effort from May 01, 2012 to December 21, 2012. 1 appreciate the opportunity to provide continued Project Management Services to assist the city with the Marina Park project. Project Understanding and Scope Gable Consulting (GC) shall provide engineering design review and project management services to assist the city of Newport Beach with the Marina Park Project through the various phases of the Project which include (1) Finalizing Regulatory Agency Processing (2) Negotiate the Purchase and sale of the SCE Vacant substation parcel, (3) Review Final Design and Engineering Documents as requested [4) Assist with Construction Bid and Award of the various project phases. Regulatory Agency Processing The Phase III Marina Park plans have been submitted for agency processing. Tasks associated with Agency Processing Include: 1) Assist city with obtaining a Coastal Development Permit with the California Coastal Commission. 2) Assist with obtaining ACOE 404 permits. 3) Assist city to manage consultant team to address comments from regulatory agencies. SCE Vacant Substation Parcel 1) Assist City with purchase of vacant substation parcel owned by SCE. Final Design and Engineering 1) Review SW PPP Document 2) Review civil and offsite plans 3) Assist with Earthwork Quantities Construction Bid and Award Assist city with any of the items listed below as requested: I )Review architects and engineers probable construction cost estimates 2)Determine bid items and alternate pay quantities 3) Prepare project specifications 4)Prepare Notice of Inviting Bids 5)Conduct and/or manage pre -bid conferences, kickoff meetings and site visits. 6) Assist the City in evaluating bids and in verifying background of responsible low bidder 7) Assist the City in reviewing the bonds and insurance certificates for the responsive and responsible low bidder. The above Scope of Services should address the items the City requires to complete the design and permitting of the Project and I look forward to working with you toward a successful completion. The work effort is estimated for an additional 32 weeks at an average of 10 hours per week. Total amount of estimated time 320 hours Estimated Cost Proiect Manager: (320) ($125) = $40,000 Total Estimated Proiect Cost: $40,000 It should be noted that these hours will be billed on a time and materials basis for services requested by the city. I look forward to working with you toward a successful completion of this project. Sincerely, *414 S. ICeaJer, r191r Mark S. Reader, P.E. President Gable Engineering Inc 2700 W. COAST HIGHIVAY, STE 220 a NEWPORT BEACH CA 92663 a 949.981 -5260 DESIGN PROFESSIONAL SERVICES AGREEMENT WITH GABLE ENGINEERING, INC. FOR MARINA PARK THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this I5-th day of kAC1U5r , 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Gable Engineering, Inc., a California corporation ( "Consultant'), whose address is 2700 W. Coast Highway, Suite 220, Newport Beach, California, 92663 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 additional project management services for the Marina Park Project ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Mark S. Reader. E. 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 June 30. 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain services within the Scope of Services at its sole discretion. 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. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B 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 Forty Five Thousand Dollars and 00 /100 ($45,000.00) 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) 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 B 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 Gable Engineering, Inc. Page 2 Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 9 "Z101X0d19 /\i<G[el4V 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 Mark S. Reader 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 the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. David Webb, Deputy Public Works Director /City Engineer or his /her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. Gable Engineering, Inc. Page 3 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. 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, br the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise 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 attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The Gable Engineering, Inc. Page 4 policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for 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. Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the 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 C, and incorporated herein by reference. Gable Engineering, Inc. Page 5 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. Gable Engineering, Inc. Page 6 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly 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. COMPUTER DELIVERABLES 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 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. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The 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. Gable Engineering, Inc. Page 7 22. 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. 23. 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 not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her 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. 24. 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 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 Gable Engineering, Inc. Page 8 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David Webb, Deputy Public Works Director /City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3311 Fax: (949) 644 -3318 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Mark S. Reader Gable Engineering, Inc. 2700 W. Coast Highway, Suite 220 Newport Beach, CA 92663 Phone: (949) 981 -5260 Fax: 28. 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. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION 29.1 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 Gable Engineering, Inc. Page 9 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. 29.2 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, 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. 30. STANDARD PROVISIONS 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 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. 30.6 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. Gable Engineering, Inc. Page 10 30.7 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. 30.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 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] Gable Engineering, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATO � i�S OFFICE Date: la AVaron C. Harp City Attorney ATTEST: Date: B.04 - By: ) - �L- By: Leilani I. Brown City Clerk �r nX t. wr ) I MIN ra �U\fit Cl CITY OF NEWPORT BEACH, A Californi MOnicipal corporation Date:fi// Z KenfZ' Badum is VVorks Director CONSULTANT: Gable Engineering, Inc., a California corporation Date: o8/o7/ Zol'L By. Mark S. Reader President and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Gable Engineering, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES [Contractor Firm Name] Page A -1 GABLE CONSULTING, Inc. Scope of Services Exhibit "A" Date: June 27, 2012 (rev July 31, 2012) Mr. Dave Webb Assistant Public Works Director 3300 Newport Blvd. City of Newport Beach, CA 92663 Re: Marina Park Project With Coastal Commission Approval of the Project on June 13, 2012, this Scope of Services covers the tasks to complete the Coastal Development Permit, complete the Construction Documents, and advertise, bid and award the project. Project Understanding and Scope Gable Consulting (GC) shall provide engineering design review and project management services to assist the city of Newport Beach with the Marina Park Project through the various phases of the Project which include (1) Finalizing Regulatory Agency Processing (2) Review of 100% Design Development Plans (3) Final Design and Engineering (4) Construction Bid and Award of the various project phases. Reaulatory Aaencv Processing The Phase III Marina Park schematic plans will be submitted for agency processing. The Conceptual Plans for Phases I and II will need to be further developed into schematic plans for application submittal to the Coastal Commission. Tasks associated with Agency Processing Include: 1) Assist city with obtaining a Coastal Development Permit with the California Coastal Commission. 2) Assist with ACOE permitting. 3) Assist city to manage consultant team to address comments from regulatory agencies. 2700 W. COAST HIGHWAY, STE 220 NEWPORT BEACH CA 92663 949- 981 -5260 CD and DD Phase The tasks for this phase involve coordinating meetings between city staff and the consultant team. Attendance of meetings and preparation of meeting minutes shall be prepared for the DD and CD Phases for the Buildings and the Site. At the end of DD the phase the lead consultant shall provide a construction estimate of the buildings and the site design. A review of the consultants cost estimate shall be provided along with a report on value engineering (VE) options, especially if the project appears it is going over budget. Construction plans shall be submitted to all the city departments for plan check. In addition to the city department review, the plans will be reviewed for the constructability and assurances the VE decisions have been adhered to. The architect will provide another cost estimate at 90% complete of the CD phase and Gable Consulting and its project team will represent the City in reviewing the accuracy of this estimate. Gable Consulting will consult with Traker Development to assist with constructability reviews, construction scheduling, cost estimating review and value engineering of the Community and Sailing Center. Traker developments proposal is not made a part of this proposal Miscellaneous Items Other Project tasks other than as noted above may include the following: 1) Assist City with purchase of vacant substation parcel owned by SCE. 2) Assist with issues relating to American Legion, Girl Scouts and Existing Mobile Home Tenants. 3) Assist City to obtain Loan from California Department of Boating and Waterways and National Boating Infrastructure Grant programs. 4) Work with City staff to develop a Parking Management Plan. 5) Other miscellaneous items requested by the City. The above Scope of Services should address the items the City requires to complete the design of the Project and I look forward to working with you toward a successful completion. Sincerely, o�;�� Mark S. Reader President Gable Consulting The Project Management Services provided by Gable Consulting consist of the following items. 1. Administrative Services -4- Be an extension of City Staff to oversee the successful completion of the Marina Park project. Review Consultant team Project budget and scope. � Assist staff with development of RFP's. � Assist with interviewing and selecting consultants. 4- Manage consultants as the owners representative. .x Sequence and schedule design Projects with City Staff. 4 Prepare and present status reports to the City as requested. Maintain Project schedule. Track consultant invoice amounts against the project scope and fee. Verify consultants work completed vs. consultant invoices submitted for payment. T Assist the city in filing grant and bond reimbursements. t Assure Grant and bond obligations are met. 2. Regulatory Agency Processing Manage consultants for preparation of Regulatory Agency Applications. 4- Assist with reviewing technical reports and response to Agency Comments. Review mitigation measures and determine if other fiscally responsible solutions are available. � Protect the City's interest in regards to proposed mitigation measures and challenges. -4- Attend and /or conduct meetings necessary for coordination with city staff, technical consultants, stakeholders and members of the concerned public. • Assist City to identify and obtain all necessary regulatory agency approvals. • Assist the City in maintaining communication and cooperation with various state and federal agencies. 3. Design Phase •4� Obtain knowledge of City standards and verify if standards are incorporated into project design. Assist the City in developing specifications. Assist City to negotiate contracts with technical consultants. �k Review and monitor the design schedule. 4 Assist the City in the implementation of its Quality Assurance /Quality Control (QA /QC) processes. -At Coordinate meetings as needed between various city departments and outside utility companies. • Constructability review at 65 %, 80 %, 90% and 100% plan submittal packages. • Review design to recommend value engineering solutions. 4'. Construction Management A. Bid & Award Phase Review architects and engineers probable construction cost estimates. -�_ Determine bid items and alternate pay quantities. 4- Prepare Project specifications. 4 Prepare Notice of Inviting Bids. ,�6 Conduct and /or manage pre -bid conferences, kickoff meetings and site visits. ^- Assist the City in evaluating bids and in verifying background of responsible low bidder. 4. Assist the City in reviewing the bonds and insurance certificates for the responsive and responsible low bidder. EXHIBIT B SCHEDULE OF BILLING RATES Gable Engineering, Inc. Page B -1 Compensation: O� t C, alb GABLE CONSULTING, Inc. EXHIBIT "B" SCHEDULE OF BILLING RATES EFFECTIVE JANUARY 1, 2012 It is anticipated that project demolition will begin in early January 2013. Therefore this Scope of Services estimates a work effort from May 01, 2012 to December 21, 2012. This is a period of 36 weeks. It is estimated on average a work effort of 10 hours per week will be required. Estimated subtotal: Project Manager = 360 hours x $125 = $45,000 Total Fee = $45,000 It should be noted that these hours will be billed on a time and materials basis for services requested by the city. CLASSIFICATION Project Manager CAD Draftsperson Clerical HOURLY RATES $125.00 $90.00 $ 65.00 Cost of plan check fees, reproduction and delivery charges will be billed at rate of cost plus 15 %. Billings will be monthly based on a percentage of work completed :• Gable Consulting will have the right to curtail work in the event payments for services are not kept current. 2700 W. COAST HIGHWAY, STE 220 o NEWPORT BEACH CA 92663 o 949- 981 -5260 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Gable Engineering, Inc. Page C -1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of Gable Engineering, Inc. Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Gable Engineering, Inc. Page C -3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8 -7 -12 Dept. /Contact Received From: Tania Date Completed: 8/10/12 Sent to: Tania By: Renec Company /Person required to have certificate: Gable Engineering, Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 8/9/12 to 8/9/13 A. INSURANCE COMPANY: Sentinel Insurance Co LTD B. AM BEST RATING (A-: VII or greater): A XV INSURANCE COMPANY: Property & Casualty Insurance Company of Hartford C. ADMITTED Company (Must be California Admitted): AM BEST RATING (A-: VII or greater) A XV Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must N Yes ❑ No include): Is it included? (completed Operations status does LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND $1,000,000 COMPLETED OPERATIONS ENDORSEMENT (completed LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City N/A its officers, officials, employees and volunteers): Is it F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste included? ®Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Haulers only): N N/A included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ N/A ❑ Yes is not limited solely by their negligence) Does endorsement H. NOTICE OF CANCELLATION: include "solely by negligence" wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 7/10/12 to 7/10/13 A. INSURANCE COMPANY: Property & Casualty Insurance Company of Hartford B. AM BEST RATING (A-: VII or greater) A XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $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 N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 111. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: A. INSURANCE COMPANY: No Employees B. AM BEST RATING (A-: VII or greater): C. D. E. F. G. H. ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: oCd+x�r Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 8/14/12 Date ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No 1 00 RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than Self Insured Retention or Deductible greater than $ ) E] N/A E] Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management * Subject to the terms of the contract. GABLE ENGINEERING INC. 2700 W COAST HWY STE 220 NEWPORT BEACH CA 92663 RE: Policy Type: COMMERCIAL AUTO Renewal Date: 07/10/12 o Policy Number: 72 UEC JR1244 N O Thank you for being a loyal customer of The Hartford. Enclosed are renewal documents for your COMMERCIAL AUTO policy, which is scheduled to renew on 07/10/12 . Along with a new Declarations Page, which details the coverages provided by your COMMERCIAL AUTO policy, we are enclosing important policy documents. Please be aware that you will receive an invoice for the new policy term approximately 30 days prior to the renewal date; no action is required now. To ensure the premium you paid for this past policy term was accurate, we may contact you by letter, phone or email to conduct a premium audit. If contacted, we will advise what information is needed to complete the audit. Should you have questions about your policy, please feel free to contact us at ( 866) 467 -8730 , We are available Monday — Friday; 7 am to 7 pm CST. For your convenience, you can also pay your bill and request certain documents, such as Certificates of Insurance and Auto Identification cards online, any time, day or night. To learn more about our Online Service capabilities, visit the Business Service Center at www.thehartford.com /servicecenter where you also have access to tips, tools and coverage information designed to help protect the business you've worked so hard to build. On behalf of NummG iNSIIRANCE AGENCY INC /PHS and The Hartford, we appreciate the opportunity to have been of service to you this past year and look forward to serving your business insurance needs forthe upcoming year. Sincerely, Your Hartford Team ,4C®R . CERTIFICATE OF LIABILITY INSURANCE 8054.08- 03 -201Q PRODUCER 'NUTMEG INSURANCE AGENCY INC /PHS -86458 P:(866)467 -8730 F:(877)538 -5295 ,PO BOX 29611 CHARLOTTE NC 28229 INSURED I ;GABLE ENGINEERING INC. 12700 W COAST HWY STE 220 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA:Hartford Casualty Ins Cc INSURERS: Property & Casualty Cc of Hartfo: INSURER C. INSURER D: 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT_ TYPEOFINSURANCE PoLICV NUMBER PoGICY EFFECTIVE POLICY EXPIRATION DATE (MM /DD /YYl OATf IMM/DD/YV i LIMITS GENERAL LIABILITY EACH OCCURRENCE $l 000 000 A COMMERCIAL GENERAL LIABILITY 72 SBM IA5756 06/09/10 06/09/11 FIRE DAMAGE (Any one lirel $300, 000 _J CLAIMS MADE 70OCCUR I MED E %P )Any one person) $1 0, 000 PERSONAL &ADV INJURY _ IS1, 000 000 X General Liab GENERAL AGGREGATE 52 , 000 , 000 PRODUCTS COMP:OP AGG 52 000, O 0 0 GEN -L AGGREGATE LIMIT APPLIES PER: _ PRO POLICY 1 JECT X FLOC .._ — B AUTOMOBILE LIABILITY X. ANY AUTO 72 UEC JR1244 07/10/10 07/10/11 COMBINED SINGLE LIMIT IEa ecnCentl $1, OOO, OOO `+ _ ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS I BODILY INJURY )Per P"s I BODILY INJURY (Per ecclEPnD S PROPERTY DAMAGE g GARAGE L /ABILITY I AUTO ONLY - EA ACCIDENT 15 OTHER THAN EA ACC S ANY AUTO -- $ .AUTO ONLY: AGC — fXCESSUARRITY _ 4�_ EACH GO URRENCE�SGO URRENCES I AGGREGATE 5 OCCUR CLAIMS MADE 5.... DEDUCTIBLE s RETENTION S ) 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU. DER'. _ TOBY.LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE EA EMPLOYEE s E.L. DISEASE POLICY LIMIT _ 5 OTHER __ DESCRIPTION OF OPERATIONS /LOCH TIONSATHICLES /EXCLUS /DNS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Those usual to the Insured's Operations. City Of Newport Beach are an Additional Insured per the Business Liability Coverage Form SS0008. Auto Additional Insured : Certificate holder is named as additional insured per endorsement HA 99 02- Designated Person /Organization. * *See cover page for additional wording * * *__ CERTIFICATE HOLDER - -X ADDITIONAL INSURED; INSURER LETTER: _A CANCELLATION City Of Newport Beach ttn Shauna Oyler -5300 NEWPORT BLVD NEWPORT BEACH,CA,92663 ACORD 25 -S (7/97) ;HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE : XPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL M DAYS WRITTEN NOTICE (10 DAYS FOR NON - PAYMENT) TO THE CERTIFICATE 10LDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO )BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR aZ. ACORD CORPORATION 1988 NUTMEG INSURANCE AGENCY INC /PHS PO BOX 29611 CHARLOTTE NC, 26229 City Of Newport Beach Attn Shauna Oyler 3300 NEWPORT BLVD NEWPORT BEACH,CA,92663 Additional Certholder Text The City, its elected or appointed officers, . officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultantk,ACA4a,,aA- AC&,� -ACs operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. ACORD 25 -S 17197) CERTIFICATE OF LIABILITY INSURANCE OP ID UPIC,MM /UU /iTl GABLE-3 08/03/1 (OC)Heffernan Prof. Practices 855 W. Katella Ave. #255 .irange CA 92867 Phone:714 -997 -8100 Fax:714- 460 -9935 INSURED Gable Engineering, Inc. 9911 Irvine Ctr Dr. Ste. 150 Irvine CA 92618 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty.Co:_ 20443 INSURER Br INSURER C: INSURER O: INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRAODti'- - " "'_" -- - _'- - -- _ POLICY EFFECTIVE ' POLICYEXPIRATION - -- - - - - -- _- `---- ' - - -"' LTRINSRO TYPE OF INSURANCE POLICY NUMBER 'DATE MMIDDIYYYY DATE MWODN"Y LIMITS GENERAL LIABILITY EACH OCCURRENCE S ... DAMAGETO RENTED _ _. - _ _ _ ___ — - COMMERCIAL GENERAL LIABILITY PREMISES (Ea _occurence) CLAIMS MADE OCCUR MED EXP (Any one person) ' S PERSONAL &ADV INJURY 5 GENERALAGGREGATE S GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG i 5 POLICY JECT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea awd.nD S ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY NON -OWNED AUTOS r (Per accident) S PROPERTY DAMAGE i S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO THAN EA ACG'S (OTHER AUTO ONLY;. AGG S _ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN TORY LIMITS ,- .- ER ANY PROPRIETORIPARTNER/EXECUTIVG--1 E.L. EACH ACCIDENT S OFFICEWMEMBER EXCLUDED? u - - - - - -- - - -- -- - - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S If es. describe ender SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S OTHER A PROFESSIONAL SFA288332519 07/02/10 07/02/13 Per Claim $1,000,000 LIABILITY I Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Notice of Cancellation due to Non - Payment of Premium. Projects as on file with the insured. CERTIFICATE HOLDER CITY OF NEWPORT BEACH ATTN: SHAUNA OYLER 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR © 988.2009 ACORD CORPORATION. The ACORD name and logo are registered marks of ACORD