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Home My WebLink AboutC-3496(A) - Irvine Avenue, 1300 - PSA for Crean Mariners Library (Joint Use)Idyl °7' AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH THIRTIETH STREET ARCHITECTS, INC., FOR CREAN MARINERS LIBRARY THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 21st day of July, 2003, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Thirtieth Street Architects, whose address is 2821 Newport Boulevard, Newport Beach, California, 92663, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On January 14, 2003, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for architectural and engineering services for the new public library and parking lot at Mariners Park, a joint -use project between the City of Newport Beach and Newport- Mesa Unified School District, hereinafter referred to as "PROJECT." B. CITY desires to enter into this AMENDMENT NO. 1 to reflect changes in phasing and scope of the project not included in the AGREEMENT and to extend the term of the AGREEMENT to September 1, 2005. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. CONSULTANT shall be compensated for services performed pursuant to this AMENDMENT NO. 1 according to "Exhibit A" dated July 14, 2003, attached hereto. 2. Total additional compensation to CONSULTANT for services performed pursuant to this AMENDMENT NO. 1 shall not exceed thirty -three thousand, five hundred twenty-three and 001100 Dollars (33,523.00). 3. The term of the AGREEMENT shall be extended to September 1, 2005. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH A municipal corporation / AN APPROVED AS TO FORM: Mayor City of Newport City Attorney ATTEST: / By. G .� -�� < /d2C-x, LaVonne Harkless City Clerk f: \users\pbvAshared\agreements \fy 02- 03\30th street - mariners- amendl.doc thirtieth street architects • inc.. July 14, 2003 Ms. Lois Thompson City of Newport . 3300 Newport Blvd. Newport .Beach, CA 92663 Exhibit A Re: Amendment to contract, Crean Mariners Library Dear Lois: founchng john c. loomis, architect james c. wilson, architect pn=pal elwood 1. galley, architect During the development of the schematic design:plans for Mariners .Library and Mariners Park, the approach to phasing and scope of the .project changed. The City now wishes to construct the Park improvements in two phases versus one, I and the scope of site work has increased to include an entry plaza and an extended center median at Dover. Additionally, the City has elected to have the design. of the Data system included as a part`of bid package, including drawings and specifications of room layouts, backboards, chases, wire ways, cable racks and equipment. These changes increase the work for the Architects, Civil. Engineer, Landscape Architect, Electrical Engineer and Cost Estimator. The scope of work and professional fees will be modified as shown below:. Phase I Site Development: for the relocation of two tennis courts in Mariners Park. Task 1 Task 2.. Task 3 Task 4 Task 5 Task 6 Lump Sum Lump Sum Lam .Sum Lum Sum Lump Sum Lum Sum $5,250 $8,250 118,400 $3,000 $5,500 $2,250. The total fee for Phase I shall not exceed $42,650, plus reimbursable expenses. architecture historical rehabilitation planning 2621 newport blvd. newport beach california 92663 phone(949)M -2643 - fax(90)673- &547 e-mail tmine@aol.com Phase H Construction of the Librarv. new data system design and site work. Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Lum Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum $38,620. $83,100:. $180,060 $8,700 $38,500 $12,000 The total fee for Phase I shall not exceed $360,980, plus reimbursable expenses. Phase III Creation of a new entry plaza, addition of parking and an extension to the median at Dover, and relocation baseball diamond, batting cages, storage units. Task 1 Task 2 Task 3 Task 4 . Task 5. Task 6 Lump Sum Lump Sum. Lump Sum, Lump Sum Lump Sum jLumpSurn $6,750 $12,750 $32;000 $3;000 . $8,500 $2,250 The total fee for Phase I shall not exceed $65,250, plus reimbursable expenses. The total professional fee for all Phases of work shall not exceed $468,880. In addition to the Professional fees above, the Reimbursable expenses shall not exceed $37,510. The total amount of the. amended contract for Phases I, II and III, plus reimbursable expenses shall not exceed $506,390 The net increase of professional fees shall be $31,040. The net increase . to reimburs'ables shall be $2,483 The net overall increase to the contract shall be ,$33;523: Please feel free to contact me if you have any questions regarding this amendment proposal. . Mariners Branch Library Fee Matrix Worksheet • Amendment #1 MAh Street Ard�, Inc. 711771771 Mn [=Construction Doments IMMMI I_ _ �If.: is .: i•. .. �®.1 ', it ', 11 11®1 ,'111 ®I WM.i Y:. • _ i r � �00LI?i': �' -'LEI 31u '. .11.1 ',.11 '•111 1 11 -,. 11 ', 1.1 11 !. ', -11 lil Ili tl 111 11 _— 11 Adfltbnal Mrvieetlagg,_ PLIM1:_ I_. '. lil ®:1 '. 11 '. 111 111 ': 1111 '. • 111 ', 11 X.1 •:1 Page 1 of 2 F--9 L—A • Mariners Branch Library Fee Matrix Worksheet • Amendment #1 Page 2 or 2 n U 0 •. , alllmwwnlow .� ='.�; ,. ,•: � '. 111 -��' 'Y' '. 11- 11 -�� 111- ". 11 ".• 11 N N N ". 111 • � : • : 11- 11 111 '. li - -- ',: 11 MM, .. ::.. 40. yl� ' 11 ". 1 1 '. • 11 ' II '. IN� iI. yl.. • 1•: 1' i 'Y :1�.:. �7Vi '. 11, •11 '. 1111 '. IN., 11 �'i�Cbi15. •ru:_••,:v '' '. 1. 1 �$Jwe.iil ', ilN ".1 N • r w :. , : , :. � ' is , - �: �. _:. --- - -� - -® �' • ,t + �: ', 1 i®1 •1/ '.. 111��"l•1 '. 111 ". 11 Page 2 or 2 n U 0 PROFESSIONAL SERVICES AGREEMENT FOR MARINERS JOINT USE LIBRARY THIS AGREEMENT, entered into this 1qd1 day of , 2003, by and between the City cf Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Thirtieth Street Architects Inc., whose address is 2821 Newport Boulevard, Newport Beach, California, 92663, (hereinafter referred to as "Consultant'), 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 is planning to implement the design of Mariners Joint Use Library ( "Project "). C. City desires to engage Consultant to provide architectural and engineering services for the new public library and parking lot at Mariners Park, a joint use project between the City of Newport Beach and Newport-Mesa Unified School District upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of Project is James C. Wilson, President. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the .terms and conditions provided -1- 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 11" day of February; 2003, and shall terminate on the 151 day of July, 2005, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit 'B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of four hundred seventy -two thousand, eight hundred sixty-seven and 001100 Dollars ($472,867.00). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on .an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. -2- 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit `B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 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 community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. Consultant represents to City, that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that if shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. -3- i 0 4.2 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, failure of City to furnish timely information or to promptly approve. or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Architectural or Engineering Services does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's contractor .(hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to cant' out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 Q details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated James C. Wilson to be its Project. Manager. Consultant shall not bill any personnel to Project other than those subconsultants identified in Exhibit "B ", without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any subconsultants designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of subconsultants. Consultant, at the sole .discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. -5- 0 0 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, which are due to causes beyond. Consultant's reasonable control. However, in the case of any such delay in the services to be provided. for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and 19 0 9 federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attomeys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. In addition to its obligation to provide insurance. -7- 0 0 under this Agreement, prior to commencing work Consultant shall, as part of its contract with each of the approved subconsultants listed in Exhibit A, require each subconsultant to procure and maintain insurance at their own expense, as described in this section 13, to cover the subconsultant's work on the Project. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, .officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A VII or better rating: A. Worker's compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wonting, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other. form with a general aggregate is used, either the general aggregate shall apply separately to this Project; or the general aggregate limit shall be twice the occurrence limit. M E 0 C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One million dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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: Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by M operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co-tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. -10- 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorises the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's worts schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to. coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life.of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lois Thompson shall be considered the Project Administrator and shall have the authority to act for City -11- 0 • under this Agreement. The Project Administrator or his /her authorized. representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to. the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have -12- E �J resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement -13- 0 9 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: Lois Thompson, Administrative Manager City of Newport Beach 3300 Newport Boulevard. Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: James C. Wilson, President Thirtieth Street Architects, Inc. 2821 Newport Boulevard Newport Beach, CA 92663 (949) 673 -2643 Fax: (949) 673 -8547 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of 50 0 • terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her 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 contractor bids or actual cost to City. -15- • • 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge.of 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 drawings shall be transmitted to the City in the City's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City's latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. -16- 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: City A orney ATTEST: By: M 4rL.�G9'1 City Clerk CITY OF NEWPORT A Municipal Jorporaj No Mayor Thirtieth Street Architects, Inc. 7 r� F: IUSERSIPB1MSharedlAgreements \FY 02- 03130th Street - Mariner's Ubrary2.doc -17- thirtieth street architects inc. January 6, 2003 Lois Thompson, Administrative Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Lois: • EXHIBIT A founding principals john c. loomis, architect james c. wilson, architect principal elwood 1. gulley, architect The following is a proposal to provide architectural and engineering services for a ±15,000 s.f. new public library and parking lot at Mariners Park in Newport Beach, California, based on the project as described in the City's "Mariners Joint Use Library" submittal to the State dated June 2002. The project will additionally include plans for relocation of tennis courts, baseball diamond, batting cages and storage units. The project is anticipated to be constructed in two phases of work: 1. Site Development for relocating tennis courts, baseball diamond, batting cages, storage units and creation of library parking lot. 2. Construction of the Library and final parking lot improvements. The scope of work outlined below includes both phases of construction identified above. The tasks below will result in products which meet the requirements of the State Librarian's letter of December 19, 2002 and The Final Title 24 Library Bond Act Regulations, dated January 3, 2002. A separate Task is identified for all meetings outside of normal coordination meetings with the Project Manager, e.g., Community Groups, Steering Committees, etc. It is anticipated that the City will hire a Construction Manager and Thirtieth Street Architects, Inc. agrees to assign this contract to the Construction Manager if requested by the City. Task 1 Schematic Design. The Architect shall attend a kick -off meeting with the Project Manager to verify program requirements, discuss proposed changes by the City and State, establish an expeditious work schedule, including the identification of all major meetings, architecture Mafirb=tRni* ihnrkpP blim"bnPage 1 planning 2821 newport blvd. newport beach california92663 phone(949)673 -2643 fax(949)673 -8547 ,. e-mail tsainc@aol.com 4,0 • • submittal and approval dates, discuss budget requirements and other pertinent project matters. Based on this input the Architect shall prepare a Schedule for the project. The Architect, Interior Designer, and other staff /consultants as required, shall attend Project Meetings to discuss various components of the project and to develop the Schematic Design. The Architect shall prepare schematic site and building plans reflecting the changes to the submitted plans as identified by City and State comments. Based on the review of the plans above, the Architect shall further develop the Schematic Design including refined site plan, floor plans (showing furniture and equipment layouts), cross sections and all exterior elevations. The Architect shall submit to the City a Schematic Estimate of Probable Construction Cost based on current area, volume or other unit costs. The Architect shall prepare a final Schematic Design package in color including a site plan, floor plans, furniture and equipment plans, all elevations, a perspective sketch. Upon approval of Project Manager, Architect shall prepare final Schematic plans, specifications and cost estimate to meet the requirements of "Title 24 Application Schematic Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Schematic Design approvals from reviewing bodies of the City and State. Task 2 Design Development Based on the approved Schematic Design documents and any. adjustments authorized by the City in the program, schedule or construction budget, the Architect shall prepare for approval by the City, Design Development documents consisting of drawings and other documents to fix, define and further describe the size and character of the project. The Architect shall prepare final Design Development plans, Specifications and Cost Estimate to meet the requirements of "Title 24 Application Design Development Detail Checklist'' as issued by the Office of Library Construction for the State. The Architect shall assist the City in obtaining Design Development Design approvals from reviewing bodies of the City and State. Mariners Park Library Proposal — Page 2 �c� Task 3 Construction Documents Based on the approved Design Development documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the City, the Architect shall prepare for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the project. The Architect shall assist the City in the preparation of the necessary technical architectural bidding information, bidding forms, the Conditions of the Contract and the Form of Agreement between the City and the Contractor, except that the Architect's assistance shall not extend to legal, insurance or accounting services. The Architect shall advise the City of any adjustments to previous preliminary estimates of construction cost indicated by changes in requirements of general market conditions. The Architect shall prepare final. Construction Document plans, Specifications and Cost Estimate to. meet the requirements of "Title 24 Application Construction Document Detail Checklist" and "Title 24 Application Final Review of Construction Document Detail Checklist" as issued by the Office of Library Construction for the State. The Architect shall assist the City in filing documents required for the approval .of government authorities having jurisdiction over the project. The Architect shall coordinate approval of the Construction Documents by the City and State, and shall make any revisions or additions as necessary. Task 4 Bidding The Architect, following the City's approval of the Construction Documents and of the latest preliminary estimate of construction cost, shall assist the City's Project Manger in obtaining. bids. The Architect shall respond to all Contractor questions concerning the ,architectural and technical matters during the bidding and shall act as a "clearing house" for, all questions for the consultants. The Architect, shall issue Addenda clarifying Contractor's questions during the bidding period. The Architect and all relevant consultants shall attend a pre -bid. meeting for the Project at the project site. . Mariners Park Library Proposal — Page 3 4P s The Architect shall keep a log of all Contractor questions and responses and issue a final summary Addendum listing all questions and responses to be distributed to all interested General Contractors at least seven (7) days prior to the bid date. Task 5 Construction Observation Site Visits The Architect's Project Manager shall visit the site on a bi- monthly basis during construction or as otherwise agreed by the City in writing to become generally familiar with the progress and quality of the Work, and to determine in general, if the Work is proceeding in accordance with the Contract Documents. Additional site visits may be required from time to time, however, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of such on -site observations as an Architect, the Architect shall keep the.City informed of the progress and quality of the Work. The Consultants shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Architect and the City to become generally familiar with the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Consultants shall not be required to make continuous or exhaustive on -site inspections to check the quality or quantity of the Work. Responsibilities and Interpretation The Architect shall not have control over or charge of. and shall not be responsible for construction means, methods, techniques, schedules, sequences or procedures, fabrication, procurement, shipment, delivery, receipt or installation or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for construction. The Architect shall not be responsible for the Contractor's, subcontractors' and suppliers' or any other person's schedules, or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts . or omissions of the Contractor, subcontractors, or their agents or employees, or of any other persons or entities performing or supplying portions of the Work. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities-or . duties of the Architect and the Architect's administration of the contract for consruction, or by tests, inspections or approvals required or performed by persons other than the Contractor. The Architect's duties shall not extend to the receipt, inspection and acceptance on behalf of the City of furniture, furnishings and equipment at the time of their delivery to the premises and installation. Mariners Park Library Proposal — Page 4 0 The Architect will not be responsible for the safety of the workers, safety procedures, nor maintaining a safe place to work, that being the sole responsibility of the Contractor and the City. The Architect shall have authority to reject Work, which does not conform to the Contract Documents. Whenever, in the Architect's reasonable opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, the Architect will have authority to require special inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision either to exercise or not to exercise such .authority shall give rise to a duty or responsibility of the Architect to the Contractor, subcontractors, material and equipment suppliers, their agents or employees or other persons performing or supplying portions of the Work. Review of Shop Drawings and Submittals The Architect shall review and take appropriate action upon those Shop Drawings, product data and samples required of the Contractor by the Contract Documents, but only for the limited purpose of checking for general conformance with the visual aesthetic design concept as expressed in the Contract Documents. The Architect shall not be responsible for any deviation between (1) the Shop Drawings and (2) the Contract Documents and field conditions. The Architect's action shall be taken with such reasonable promptness as to cause no. delay in the Work or in the construction of the Project by separate Contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review in accordance with the Submittal Schedule. Review of such Submittals is not conducted for the purposes of determining or substantiating the accuracy and completeness of other details, such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions, construction means, methods, techniques, schedules, sequences or procedures. The Architect's action on a specific item shall not indicate approval of an assembly of which the item is a component. When certificates or statements of performance, characteristics of materials, systems or equipment or professional seals, calculations, or other certificates or statements are required by the Contract Documents or authorities having jurisdiction over the project, the City shall require the Contractor to 'cause such to be provided and the Architect and City shall be entitled to rely upon such to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. The City agrees that the Construction Contract will require that the times allowed for the Architect's review of Submittals shall be in accordance with a Submittal Schedule to be promptly prepared by the Contractor after execution of the Contract Mariners Park Library Proposal — Page 5 1y 11 for construction and submitted to the Architect for review and approval. Review times in the Submittal Schedule may be modified, if required by the Architect before its approval of the Submittal Schedule to allow reasonable and ,sufficient times, in the Architect's judgment, for adequate review, delivery times and multiple reviews by others when necessary. The City agrees that the Construction Contract will require that the Contractor shall review and approve Submittals before submitting them to the Architect and the Contractor shall indicate that it has done so by signing the Submittal. Changes, if any, shall be shown and flagged on the Submittals, but the Submittals shall not be used as a substitute for request or approvals of substitutions or other changes, or other procedures required by the Contract Documents. The City agrees that if the Contractor intends to make a claim based upon the Submittals or, notations by the Architect on return Submittals, the Contractor shall so notify the Architect immediately. The Architect shall be compensated by the City on an additional service basis for more than two reviews of a submittal and for accelerated review in shorter time than set forth in the approved Submittal Schedule, if requested by the Contractor or others or caused by late delivery of Submittals to the Architect, The return for collection for additional information, or for handling and return without review of an incomplete or disorganized submittal shall be considered a review., The Contract for Construction shall include a provision for reimbursement of such by the Contractor to the City. The Architect's decisions on matters relating to aesthetic or visual design affect shall be final, if consistent with the intent as expressed in and reasonably inferable from the Contract Documents and the Architect shall not be liable for. interpretations so rendered. Project Close -Out When the Work is substantially complete, the Architect and the entire. Consultant Team shall walk the job with the City and the General Contractor and shall prepare a Final Punch List describing all incomplete or unsatisfactory areas of the Work. After the General Contractor has completed all items on the Punch. List,: the Architect and the entire Consultant Team shall make a final walk - through to verify that all items have been completed. The Architect shall assist the City with final project close -out as required. The extent of the duties, responsibilities and limitation of authority of the Architect as the City's representative during construction shall not be modified or extended without written consent of the City, the Contractor and the Architect... Mariners Park Library Proposal — Page 6 �3 As -Built Drawings: The City shall provide Contractor with a set of prints of the original Contract Document drawings at the commencement of construction. The Contractor, at the Contractor's sole expense, shall maintain and keep up to date during the course of the Work, as -built sketches and notes which accurately document any and all changes or deviation from the Contract Document drawings. The Contractor is solely responsible for the accuracy and completeness of these marked -up drawings. These drawings shall be available for review by the City and Architect at any time during the course of construction. At the completion of the construction of the project, the Contractor shall deliver said marked -up drawings to the Architect. The Architect and the entire sub- consultant team shall then reproduce these marked -up drawings on a set of reproducible prints of the original Contract Document drawings and deliver them to the City as the record set "as- built" drawings for the job. Task 6 Additional Meetings The Architect shall attend meetings as requested by the City not included as part of the normal coordination for the Tasks above. The meetings in this Task include but are not limited.to meetings with community groups, school district and steering committees. Exclusions: The proposal does not include detailed design for data distribution, security, audio - visual or telephone systems. The professional fee for Phase I Site Development shall be as shown below. Task I Task ask 3 1 Task 4 Task 5 Task 6 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Hourly not to 91-675-5 38,620 80,100 $168,020 $8,70U exceed 12,000 20,5 0 $36,5UU 3,500 11,900 3,500 Total fee for Phase I shall not exceed $91,900, plus reimbursable expenses. The professional fee for Phase II Library Design shall be as shown below. Task 1 Task Task 3 1 Task 4 1 Task 5 1 Task Lump Sum Lump um Lump Sum Lump Sum Lump Sum Hourly not to exceed 38,620 80,100 $168,020 $8,70U $38,500 12,000 Total fee for Phase II shall not exceed $345,940, plus reimbursable expenses. Mariners Park Library Proposal — Page 7 In addition to the fees above,: reimbursable items shall be invoiced as 1.1 x direct costs. Reimbursable items shall not exceed $35,027.00, without an amendment to this agreement. The total maximum amount of this agreement for all Tasks and Reimbursables shall not exceed $472,867.00. Please feel free to contact me if you have any questions regarding this proposed scope of work or professional fees., Vera k#1 1 Yours; C: Wilson ent & #C8994 Mariners Park Library Proposal — Page 8 i Mariners Breach Library Fee Matrix Worksheet Pw1or1 e EXHIBIT B 1 PROFESSIONAL SERVICES AGREEMENT FOR MARINERS LIBRARY THIS AGREEMENT, entered into this i—tk day of 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City "), and Thirtieth Street Architects Inc., whose address is 2821 Newport Boulevard, Newport Beach, California, 92663, (hereinafter referred to as "Consultant "), 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 is planning to implement the design of Mariners Library ( "Project'). C. City desires to engage Consultant to provide architectural design services for the new Mariners Library, with will be a joint use project between the City of Newport Beach and Newport-Mesa Unified School District upon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for purpose of Project is James C. Wilson. E. City has solicited and received a proposal from Consultant, has reviewed -1- �',Mq 0 0 the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided 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 _ day of , 2001, and shall terminate on the 31st day of December 2002, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A" and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of ninety four thousand seven hundred and no /100 dollars ($94,700). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, -2- • 0 computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in, accordance with the terms and conditions of this Agreement. B. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. -3- • 0 4. STANDARD OF CARE 4.1 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 community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff; consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be Me • 0 responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated -5- i 0 Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated James C. Willson to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City s prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and Consultant shall perform the services in accordance with the schedule specified below. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing, Consultant shall not be responsible for delays, lid i which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant .shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS -7- 0 0 Consultant is responsible to keep the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense. during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be 19 i filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including 'Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non - contributory wording, covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non - contributory wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined 0 0 • single limit per accident for bodily injury and property damage. k D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One million dollars Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so -10- 10 0 without consent of City shall be null and void. 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. 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 as 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. Consultant shall, at such time and in such forms as City may require, furnish -11- reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. -12- • 0 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lois Thompson shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive -13- 0 interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. 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 would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation -14- of this Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under 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: Lois Thompson City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax: (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: James C. Wilson Thirtieth Street Architects, Inc. 2821 Newport Boulevard Newport Beach, CA 92663 (949) 673 -2643 Fax: (949) 673 -8547 26. TERMINATION -15- • In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. -16- 0 29. INTEGRATED CONTRACT 0 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his/her 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 contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of 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 -17- • • modification or misuse of such CADD data. All drawings shall be transmitted to the City in the Gig's latest adopted version of AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in the City s latest adopted version of Microsoft Word and Excel. 32. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: ATTEST: Bys7l�.�. City Clerk IN CITY OF NEWPORT BEACH A Municipal Corporation a Thirtieth Street Architects, Inc. W�JLSM� CrggR4 i • Exhibit A Proposal to Provide Professional Services Mariner's Library City of Newport Beach Proposed Scone of Work The following Scope of Work is to design the new Mariner's Library for submittal for Proposition 14 funding. In addition to the base scope of work, we offer an additional service: Building Program Assistance. This proposal assumes that a Library Design Committee will be formed to review progress and direct final design decisions. Phase One, Conceptual Design 1.1 The Architect, Interior Designer and other staff /consultants as required, shall attend bi- monthly Project Meetings with the Library Design Committee to discuss various components of the project and to develop the Conceptual Design. 1.2 The Architect shall review the existing database for the project and shall photograph and document the architectural context of the area. 1.3 Based on this input and the approved Building Program, the Architect shall prepare up to three (3) conceptual design studies including a site plan, bubble floor plans and alternative building massing concepts for review by the Library Design Committee. 1.4 Prepare boundary and topographic survey of the site. 1.5 Conduct soils and.geology testing and prepare report. 1.6 After receipt of comments from the Library Design Committee, the Architect shall further revise these concepts or generate additional alternatives. 1.7 After the selection of a preferred alternative by the Library Review Committee, the Architect shall further refine all aspects of the library design. 1.8 After further input from the Library Review Committee, the Architect shall prepare a final Conceptual Design package including a site plan, single line floor plans, a furniture plan, all four elevations, two building sections and one large perspective sketch and three vignette perspective sketches, all in color. 1.9 The Architect shall submit to the City a Conceptual Statement of Probable Construction Cost based on current area, volume or other unit costs. 1.10 The Architect shall prepare an outline specification for the proposed project. Mariner's Library • Page I 0 1.11 The Architect shall prepare a computer generated "fly around" animation of the project showing its relationship to the adjacent school and neighborhood. 1.12 The Architect shall include presentations of the Final Conceptual Design to reviewing agencies such as the School District, Planning Commission, and City Council. 1.13 The Team shall also include up to three additional presentations of the Final Conceptual Design to various community groups. Phase One, Conceptual Design Products: • Rough conceptual sketches and exhibits. • An area plan showing [he library site in context with the surrounding neighborhood buildings, parking and streets. • A site plan showing the library building, parking lot and access roads, as well as any anticipated future expansion of the building and parking lot. • A floor plan (single line) showing and identifying by name on the plan the major - programmed areas for the library. Each area shall show the square footage called for in the library- building program and the actual square footage allocated on the plan. • A conceptual furniture plan. • Two sections through the building, one longitudinal and one latitudinal. • All four elevations. • Outline specifications describing the type of construction by identifying the basic building components (structural, mechanical, etc.) and the type of occupancy. The Architect shall reference any applicable sections of the State Statutes and the State building code. • A conceptual statement of probable cost. • A full color professional rendering of the proposed project. • A computer generated "fly around" animation of the proposed project. • All of the above shall be delivered to the City as fixed exhibits on foam boards and on a CD Rom for Power Point presentations. Phase Two - Grant Application Assistance 2.1 The Architect and TSA Library Consultant shall assist the City and County in the preparation of the State Library Grant Application. 2.2 The Architect and TSA Library Consultant shall attend various meetings with City and County staff to help coordinate the Grant submittal. 2.3 The Architect and TSA Library Consultant shall prepare the technical portions of the application and shall package the Conceptual Design Exhibits for submittal to the State. Phase Two, Grant Application Assistance Products: • Miscellaneous exhibits and drawings as required by the Grant Application. (15 copies and diskette formatted to City specifications.) Mariner's Library • Page 2 Optional Service #1, Building Program Assistance OPLIThe Architect and TSA Library Consultant shall conduct a kick -off meeting with the Library Design Committee, which introduces the project and -the methodology of the process. In addition, the Problem Statement will be identified, as well as project coordination issues and scheduling. OP1.2The Architect shall review the existing database, other City background information and visit the site. The TSA Library Consultant shall review the existing Needs Assessment and draft Building Program previously prepared by the City in detail including Joint Use and Technology sections. 0PI.3The TSA Library Consultant shall identify any areas where the Building Program could be augmented or enhanced to meet State Grant criteria or Grant Building Program Guidelines. The TSA Library Consultant shall meet with the Library Design Committee and County and City staff to discuss these recommendations. OPIAAfter a consensus has been reached regarding any modifications, the TSA Library Consultant shall prepare a revised draft Building Program and shall format the Building Program to conform to State Grant Guidelines. OP1.5After review and comment by the Library Design Committee and City staff, the TSA Library Consultant shall make any final modifications to the Building Program. OP1.6The TSA Library Consultant shall include presentations of the final Building Program to the City Council. Optional Service #1, Building Program Products • Draft Building Program (15 copies). • Final Building Program (15 copies and diskette formatted to State Grant Application specifications.) Professional Fees The following page indicates our estimate of professional fees and reimbursable expenses. Reimbursable expenses include blueprinting, copying, plotting, delivery charges, etc. and shall not exceed the maximum listed below. Mariner's Libfmy • Page 3 . w • Exhibit B We agree to enter into n Time and Material contract with a fixed maximum, as described in the RFP. We are very willing to work with the City to refine both our scope of work and professional fees. The following are typical billing rates for the Library Design Team. Hourly Billing Rates If Extra Services are requested in writing by the City, they shall be billed at the following hourly rates: Architect: Principal $125/1-Ir. Licensed Architect $9011-1r. Draftsperson $55/Hr. Consultant Team: TSA Library Consultant $90/Hr. Landscape Architect $110/Hr. Civil Engineer $115/1-1r. Structural Engineer $125/1 -Ir. Mechanical and Electrical Engineer $11011-Ir. Interior Designer $ 9011-Ir. Cost Estimator $ 110/Hr. Geotechnical Engineer $120/Hr. Mariner's Library • Page 4 Client : 6445 THIRTSTRE ACORD. . CERTIFIC OF LIABILITY INSU NCE 12 /21 /20o PRODUCER Dealey, Renton & Associates THIS CERTIFICATE IF ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. BOX 10550 - - - - - -- - Santa Ana, CA 92711 -0550 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ° ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS 714 427-6810 - - INSURERS AFFORDING COVERAGE INSURED Thirtieth Street Architects 2 7 2001 2821 Newport Arch ct4 Newport Beach, CA 926$3 °.. - - -- INSURERA:United States Fidelity & Guaranty INS'RERS:American Automobile Insurance Co. INSURERC:Great American Assurance RA &MCO FIRE DAMAGE (Any onefire ;%. INSURER M $lO 000 .iNS11RERE: 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 CONDMON 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE AT !D POLICYEXPIRATIDN D T ! LIMITS AI GENERAL LIABILITY BKO0858035 X�COMMERCIALGENERALLL�LIABILITY 4 CLAIMS MADEI.XI OCCUR 05/16/01105/16/02 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any onefire $1 000,000 ME D EXP(Any One person ) $lO 000 PERSONAL B ADV INJURY $1,000,000 r { GENERAL AGGREGATE $2 OOO OOO PRODUCTS - COMP /OP AGG $2 000 000 i.GEN1. AGGREGATE LIMITAPPLIES PER: PRO- LOC POLICY ECI • AUTOMOBILE LIABILITY BKO0858035 L ANY AUTO j 05/16/01 05/16/02 COMBINED SINGLE LIMIT (Enaccident) $1, 000, 000 BODILY INJURY (Per r600 � person) $ ALL OWNED AUTOS SCHEDULED AUTOS � BODILYINJURY (Peraccident) $ �_ HIRED AUTOS i X NON -OWNED AUTOS ;. -- 1 --_ PROPERTY DAMAGE (Per accldenq $ � I GARAGE LIABILITY AUTO ONLY- EAACCIOENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ - -: ANY AUTO I $ EXCESS LIABILITY j EACHGCCURRENCE AGGREGATE $ OCCUR L__' CLAIMS MADE; $ F I DEDUCTIBLE r� $ $ RETENTION $ ' B WORKERS COMPENSATION AND WZP80888285 EMPLOYERS' LIABILITY 09101101 09/01/02 X URYKAT U• OTH E.L. EACH ACCIDENT $1, E.L.DISEASE- EAEMPLOYE :1000,000 $1 000,000 E.L. DISEASE - POLICY LIMI $1 000 000 C! OTHER Professional !EDN320932201 105/13/01105/13/02 $1,000,000 per claim Liability ; 1$1,000,000 annl aggr DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECUIL PROVISIONS *Except 10 days notice of cancellation for non - payment of premium. THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS IN REGARDS TO GENERAL LIABILITY COVERAGE BUT ONLY AS RESPECTS TO WORK BEING PERFORMED BY THE INSURED. (See Attached Descriptions) CITY OF NEWPORT BEACH ATTN: LOIS THOMPSON 3300 NEWPORT BLVD., Newport Beach, CA 92663 ACORD 2S -S (7197)1 54 DATETHEREOF,THE ISSUING INSURER WILL3MKV00M4§M9DL3(1* DAYSWRn7EN THC 0 ACORD CORPORATION 1988 DE IPTIONS (Continued from &ge 1) WAIVER OF SUBROGATION APPLIES TO WORK COMP COVERAGE. 12 -21 -01 REVISED. AMS 253 (07197) 2 of 2 #M22354 0 Policy Number: BKO0858035 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 12/21/2001 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: CITY OF NEWPORT BEACH ATTN: LOIS THOMPSON 3300 NEWPORT BLVD., Newport Beach, CA 92663 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS CL /BF 22 40 03 95 0 0 0 N W �d 0 o: a a �i m N N a w m N U Workers' Compensation and Employers' Liability Insurance Policy Waiver of Our Right to Recover From Others Endorsement - California WC 04 03 06 U the following information is not complete, refer to the appropriate Schedule attached to the policy. Insured THIRTIETH STREET ARCHITECTS Policy Number WZP80888285 Producer DEALEY, RENTON S ASSOC., Schedule Person or Organization CITY OF NEWPORT BEACH 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 tight against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Effective Date 09/01/01 Job Description 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 compen- sation premium otherwise due on such remuneration. This Form must be attached to Change Endorsement when issued after the policy is written. One of the Fireman's Fund Insurance Companies as named in the policy se etary o WCM306484 m N , DEC -27 -2001 THU 04;57 PH FAX N0. 0 0 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. W, DATE RECEIVED:_[2 /27 f e! DEPARTMENT /CONTACT RECEIVED FROM 3Hf}Ulil A OtILFi� DATE COMPLETED: a ;% 0! SENT TO: —VAUUA BY: 86 rR COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: 7NIRP M sXEET %} MIX4rs I. GENERAL LIABILITY: A. INSURANCE COMPANY: USFf B. AM BEST RATING (A VII or greater): C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted is Caliibmia? Yes / No_ D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? e$ um. A6D E. PRODUCTS AND COMPLETED OPERATIONS: (Must Includc) is rt included? Yes ✓ No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, agents, Officials, employees and volunteers). Is it included? Yes s/ No_ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Mist be mchWed) Ys it included? Yes ✓No` H. CAUTION! ( Confirm that loss or liability of the Namcd insured is not limited olely by their negligence.) Does endorsement include "solely by negligence•• wording? Yea No� I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY: LlSF B. AM BEST RATING (A V11 or greater): Af XV C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) h company admitted? Yes No_ D, LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIONAL INSURED WORDAgG TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes V No F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it kwhded? Yes_' No_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. M. WORKERS COMPENSATION: A. INSURANCE COMPANY: RIL:I �/iAJi� ilLl %d MOPJIi. B. AM BEST RATING (A VII or gr eater) 7 -ft l . 1� C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes V, No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WHICH ITEMS NEED TO BE COMPLETED? & NE�►It___ e i