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HomeMy WebLinkAboutC-4080 - PSA for Police Facility Generator ReplacementO AMENDMENT NO. ONE TO ©O PROFESSIONAL SERVICES AGREEMENT WITH DLT &V SYSTEMS ENGINEERING FOR POLICE FACILITY GENERATOR REPLACEMENT THIS AMENDMENT-NO. � O. ONE TROFESSIONAL SERVICES AGREEMENT, is entered into as of this * day of QC , 200_, by and between the CITY OF NEWPORT BEACH, a Municip I Corporation ( "CITY "), and DLT &V SYSTEMS ENGINEERING, an Arizona Corporation, whose address is 16 Technology Drive, Suite 100, Irvine, California, 92618 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On July 16, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for electrical engineering design services for the Police Facility Generator Replacement, hereinafter referred to as "PROJECT ". B. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Two Thousand, Nine Hundred Fifty -Six Dollars and no /100 ($2,956.00) without prior written authorization from City. 3. 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. ONE on the date first above written. APPROVED AS TO FORM: By: a yne e b. eq� hamp Assistant City Attorney for the City of Newport Beach ATTEST: eilani Brown, City Clerk CITY OF NI A Municipal H, Badum orks Director City of Newport Beach DLT &V SYSTEMS ENGINEERING: Z y, B Brian Downing, President ��W PORT ,, R e By: lJ nn ,,11 el�t- ME MO, 7f+!'1 v 2 Vice President /C—F9 a& QW CIO FOV' ~` Attachments: Exhibit A — Scope of Services SYSTEMS ENGINEERING IRVINE OFFICE 16 TEC NNOLDDY DRIVE . SUITE 1 OC IRVINE. CALIFORNIA 92618 VOICE 949.273.8793 . FAX 949.273.8775 March 19, 2008 City of Newport Beach Mr. Thomas Sandefur, P. E. 3300 Newport Boulevard Newport Beach, CA 92663 INTEGRATION OCEANSIDE OFFICE 4167 AVENIDA DE LA PLATA . SUITE 118 OCEAN SIDE, CALIFORNIA 92036 VOICE 760.560.0675 . FAX 760.560.0675 In Response Please Cite: 1428.00.100 RE: Additional Design Costs for the City of Newport Beach Police Station Generator Replacement Project Dear Mr. Sandefur: DLTEtV Systems Engineering, Inc. is requesting additional budget to cover unforeseen tasks and design features that were not identified in the original scope of services hours. Below are items and hours that should justify the additional budget. Site visits to meet with Southern California Edison and the Building Department to discuss other options for bringing 480 Volt power into the building. Design a new 480 Volt switchboard to be utilized for future non - emergency loads. Design a new 480/240 -120 Volt transformer and panelboard at the request of City of Newport Beach to be utilized for future loads. Engineering Manager 10 Hours I $180.00/hr = $1,800.00 Project Manager 6 Hours $122.00/hr = $732.00 Designer 4 Hours $106.00 /hr = $424.00 Total = $2,956.00 Consequently, we are seeking an increase to our contract in the amount of $2,956.00 to cover these additional services as listed above. Sincerely, DLT &V SYSTEMS ENGINEERING, INC. Jeff Greinke, P.E. Engineering Manager - California PROFESSIONAL SERVICES AGREEMENT WITH DLT &V SYSTEMS ENGINEERING FOR POLICE FACILITY GENERATOR REPLACEMENT 1 � THIS AGREEMENT is made and entered into as of this day of 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and DLT &V SYSTEMS ENGINEERING a California Corporation whose address is 20 Fairbanks, Suite 174, Irvine, California, 92618 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the lays 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 replace the existing emergency generator and electrical service panels at the Police Department Headquarters. C. City desires to engage Consultant to do electrical engineering design and provide drawings for the new emergency generator and service panel. ("Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of the Project, shall be Jeff Greinke, P.E. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31s` day of July, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 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 that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty-five thousand, five- hundred and fifty Dollars and no /100 ($25,550) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and/or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. 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. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated JEFF GREINKE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. TOM SANDEFUR shall be 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. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with 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. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court 4 costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and 5 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class Vill (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City s Risk Manager. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. it. General Liability Coverace. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or 0 E. other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than two million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of two million dollars ($1,000,000). Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of worts performed by or on behalf of the Consultant. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days 7 written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portlon of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 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 %3 Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in °.dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 99. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. 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. 29. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. RECORDS 0 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Gff, If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consuitaffs violation of this Section. 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Tom Sandefur, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3312 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: eahf ✓A,P&Jfl/a �C� Attn; 4efi_Greialw, P.E.-,, oRr -swe -1� V�7 DLT &V Systems Engineering 303 ,o .✓cFr7�'yaL,Frl�, S /9dts kvine, GA 9261$ a, &,ra"z Phone: ^A°' 0773 bmz- s6� -4rbs8 Fax: 949 2 8 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of 11 termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 35. SEVERABILITY 12 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 36. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 37. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APP OVED AS TO FORM: .4 .� C .. City 'Attorney for the City of Newport Beach ATTEST: By:Ugy1,,'G. LaVonne Harkless, City Clerk AP00Rt. CITY OF NEWPORT BEACH, A Municipal Corn Works Director City of Newport Beach .TANT: By.: (Corporate Officer) Title: A'00,0.,wl'- Print Name: A4t�a .vn✓x By ZE. Financial Officer) Title: tJ j c: Rrs: d< f f cFC� Print Name: Chrn�4- ncc. S L4 c�L.,_ Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates i :5users%pbwlshamd\agreementskfy 07- 081dft&v -pd generator.doc 13 .+ ©LT &V S�eVEMf an6�nCEMMO ZO O�nve zo 9u92 a eM'�Na..9.27aNw 92610 Ve.cE 949.213.0712 • F a 949.149.0r1e Exhibit A of Services n2HIHN CON eTg!:a = INTEDl MON aeune�ec n.nvc a, n7 wvewow a Iw p1.4r4 • wv.+E ++e Oavanv�ve. GwuroeNU 92eie VanE 160.460.e6'!O • p: vew. {60.0675 1.0 The project consists of designing the electrical modifications for the Newport Beach Police Station standby generator system. The electrical design will include a new 480 volt, 3 phase, 4 wire diesel generator (size dependent on the OWNERIS criteria) and a new automatic transfer switch. 2.0 The basis of design will consist of the following: 1. Remove the existing conduit and wiring from the existing utility transformer to the existing switchboard. 2. Remove the existing automatic transfer switch. 3. Remove the existing conduit and wiring from a 200A feeder breaker in the switchboard to the existing switchboard to the existing automatic transfer switch. 4. Remove the existing 75kW standby generator. 5. Remove the existing conduit and wiring from the existing automatic transfer switch to the existing standby generator. 6. Install new automatic transfer switch in the electrical room sized to feed the existing switchboard. 7. Install new conduit and wires from the existing utility transformer to the new automatic transfer switch. 8. Install new conduit and wires from the new automatic transfer switch to the existing switchboard 9. Install new conduit and wiring from the existing 200A feeder breaker to the existing transformer/panel that the existing standby generator was connected to. 10. Install new standby generator outdoors in a location determined during design. 11. Install new conduit and wires from the new automatic transfer switch to the new standby generator. 3.0 The design shall consist of a minimal amount of downtime to the facility as possible. The OWNER will provide an existing portable generator during construction to reduce the downtime to the facility . Responsibilities of Others 1.0 We highly recommend that the OWNER allocate sufficient time at the end of the design schedule to perform a quality assurance review of the project plans and specifications. ibis will help ensure proper coordination of the engineering disciplines prior to preparation of the bid documents, and reduce the need for addenda and change orders during construction. 2.0 OWNER shall furnish AutoCAD files of site plans and structures. DLT &V will then prepare the electrical plans showing electrical equipment locations, and conduit routing. 3.0 OWNER shall firmish project design criteria, project schedule information, and CAD files of the project plans in final form, such that DLT &V has sufficient time to prepare the electrical design. 4.0 OWNER shall furnish the existing electrical drawings of the facility. 5.0 OWNER shall provide reproduction of documents for each review phase, final construction documents, and record drawings. Please provide one (1) complete set of each submittal for our review and records. Deliverables 2008.02.0219 City of Newport Beach Police Station Generator Replacement Rev. 3.xti Contlderdlal Summary Page 2 of 5 1.0 DLT &V will provide OWNER with one set of review documents in reproducible form for 90%, and 100% submittals. Upon receipt of comprehensive submittal review comments, DLT &V will produce and submit a Submittal Comment Review Log addressing every comment and will revise the design documents in accordance with the resolution of this Submittal Comment Review Log. Any additional submittal requirements and design changes requested by the OWNER that are not included herein maybe considered beyond the scope and fee of this proposal. OWNER will be responsible for duplicating documents for submittal. 2.0 Upon completion of the design and after incorporating all the 90% submittal review comments, DLT &V will provide OWNER with one set of final sealed documents bearing the signature of a registered electrical engineer. Please specify in advance if the plans are to be plotted on vellum or mylar. Exclusions and Exceptions 1.0 DLT &V will not obtain any permits. 2.0 DLT &V will not be responsible for reproduction of submittal documents for the Client/Owner's review. 3.0 The aforementioned scope of services and level of effort is limited to the hours detailed on the attached Proposal Worksheets. Costs incurred due to conditions beyond DLT &V's control may result in additional charges billed on a Time and Material basis. 4.0 This fee proposal is based on DLT &V standards. Plans, specifications, and other deliverable documents will be prepared following DLT &V drafting and CAD standards, and text document formatting. If significant changes to the DLT &V standards are required, DLT &V reserves the right to request additional time and fees to convert to a new set of standards. 5.0 Review of Contractor record drawings, and preparation of record electrical drawings are not included in this scope of Services. If required, DLT &V will provide these services on an hourly, time and material basis, at our standard hourly rates. DIlline Rates and Payment Terms 1.0 Please refer to the attached Proposal Worksheet(s) for our hourly rates, expenses, and labor -hour breakdown. Any additional services requested by OWNER that are not included herein will be charged at our Standard Hourly Rates as shown on the attached Proposal Worksheet(s). This proposal will be valid for the next ninety (90) days. We will bill you on a monthly basis for these services. Payment terms are Net 30 days. If you have any questions, please contact us at your earliest convenience. Estimated Drawing Lest hiectncul V s, Z4"X 5TH E001 Notes, Symbols and Legend E002 Existing Single Lures, Load Cates 6003 New Single Lines, Load Calcu 6004 Overall Site Plan E005 Power Plan - Electrical Bldg 6006 Conduit Block Diagram 2007 Standard Details Jeff reF.E. Engineering Senior Project Manager Accepted for Client: Signature: Print name: Date: 2008.02.0219 City of Newport Beach Police Station Generator Replacement Rev. 3AS Confidential Strnmary Page 3 of 5 DLT &V Systems Engineering, Inc. Exhibit B Project Number: 2009.02.0219 Pmice Name: Citv ofNewoort Beach Police Station Generator Replacement Proposal Worksheet Date: 15- May-08 Total Expenses: $478 Grand TotaL• 525.550 2008.02.0219 City of Newport Beach Polioe Station Generator Replacement Rev. 3.xls Confidential Matrix Hours Page 5 of 5 Depart Mgr. VI Project Mgir. V Project Mgr. IV Cont. Mgr. Ili Designer YI Integn VI Designer IY Drafter IV Admin. III Tot. Hrs. Section Subtot. # Sub -Task Task 100 - Design 1 PM41mgn Meeting 3.0 3.0 610 2 Site Work 4.0 4.0 8.0 3 UrflityCoordination 2.0 3.0 5.0 4 Electrical Calculations 2.0 2.0 3.0 7.0 5 re Eloc. D 5 sheets esL 3.0 8.0 38.0 38.0 30.0 20 119.0 6 Fcevm Electrical S s 5.0 3.0 6.0 2.0 16.0 7 Con Estimate 1.0 2.0 1.0 1 4,0 8 Client meetings 4,0 4.0 8.0 9 Client submittal Frep 2.0 2.0 4,0 10 'ect M & Coordination SA 5.0 11 Generator sizing Cates 2.0 1 8.0 1o.0 12 Oullity Assurance Review 2.0 3.0 2A 7.0 12 ADM Peredling 12.0 1 12.0 Bid Assistance 13 Pr bid Meeting 2.0 2.0 14 Contractor Questions 3.0 3.0 Design Fees Sob Total: 5.0 58.0 71.0 48.0 30.0 4.0 2I6.0 SMJY72 Design Ex aces: s78 Total De.,dzn & ft $25-5511 Totals: 5-ll 58.0 71.0 48A 30.0 4A 216.0 Std Hourly Rata: SI56M I S141A0 5122.00 it I S106.06 1 $322.00 1 5122.00 I 592.00 I Mel) 1 569.00 Total Fen: $780 1 58178 1 1 $8,662 1 1 $4416 1 52769 1 $276 1 $25,072 Total Expenses: $478 Grand TotaL• 525.550 2008.02.0219 City of Newport Beach Polioe Station Generator Replacement Rev. 3.xls Confidential Matrix Hours Page 5 of 5 oRO CERTIFICATE OF LIABILITY INSURANCE OP ID DILTEIMNOMPTYYI DLTSV -2 06/30100 PRODUCER Stuckey Ins S Assoc Agencies P.O. Box 7020 Phoenix AZ 85011 -7020 Phone:602- 264 -5533 Fax:602 ^279 -9336 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAICB INSURED tad E�n inearing Inc DLTGV Byaem 4167 Avenida 42056 Plata iF ER 118 Oceanside CA NSURERA T'ry I.. In 1R IA a cT A 25682 INSURER w BpevtJty Inn Gb A 37885 INSURER : 68045001,487 _ INSURER D' 06/01/09 INSURER E 61000000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE NSURED NAMED ABOVE FOR THE POLICY PERIDO m6NCATED. NOTWITHSTANDING ANY RFOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR NAT PERTAIN, THE NSUIWICEAFFORDED BY TIE POLICIES DESCRIEEDNEREIN 16 SVOMU TOALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SNOWED MAY HAVE BEEN REDUCED BY PAID CLAA!& LTR '4 TYPEOFNmq VE POIJCYNUMBER DA M Tom SendeEur, P.E. UNITS • X aENERAL LIABRM X COf1IAERC4ILOEHERAI, LIABRIN CLNMS WOE OOCCUR X Contractual Liab 68045001,487 06/01/08 06/01/09 EACH OCCURRENCE 61000000 $300000 6EDM(AnymFPMWR) 55000 PERSONAL6AOFTTUUITY s16D000D GENERu AGGREGATE $2000000 GENLAGGREGATEpptARpN.TAPPU ESPFR. POLICY X JECT LOC AO PRoDUm- owmepO 62000000 • X AUTOYOHREDAm1nY ANYNTTD ALL OWNED AUTOS 8CHEDULEDAUTOS HIRED AUTOS NO"INNEDAUTOS BA3993M841 06/01/08 06/01/09 COMBNEDSINGLEumm log —*k1B 51000000 X X X BODILY INJURY (Pw PErNA) S BODILY IN.IURY (Pm Kd wo $ PROPEM DNVZE Ivm mudbrN S GARAGE LUmUTY ANYAum AUTO ONLY -EA ACCIDENT 6 OTHER WAN EAACC AUTO ONLY AGG $ $ • EXCESSRMBRELIA LaBRnY X OCCUR 0 CLAIAISMADE DEDUCTIBLE x RETENTION 110000 CUP699DY60A 06/01/08 06 /01/D9 EACHODCURRENCE $3000000 AGGREGATE $ 3000000 f t s A WORRERSOOMPENSATNINAND EMPLOYERS LWBILTIY ANY 0 CRERM EXCLUDED? CtRNE ByyepsA. tlTFO@B UItlN GPECULL P0.0VISION3 UNrn, OB6403Y44507 06101108 06/01/09 X ER E.L.EADHACCIDENT s 1000000 E.L DISEASE, EA EMPLD f 1000000 EL OIBERSE•POLICY LSAT 1,1000000 B 07HM Professional Liab DPR9614062 06/06/08 06/06/09 Per Claim 2000000 Aggregate 2000000 OESCm%ION OF OPFMTIDN9l LOCATIONS I VEHICLES I E%CLUSIONS ADDED BYENIHIt6EMENT I SPECIAL PROVISIONS Prof Liab- Claims Made -Retro Date 09- 26- 97 /RS: DLT&V Project: 1428.00 City of Newport Beach Police Station Generator Replacement, Newport Beach, CA The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured per written contract as respects to General Liability per blanket Form CGD381 0906 and Auto . CERTIFICATE HOLDER CANCELLATION CINRW -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE TSSVNG NS{IRHt RILL BNDEAYOR TOMNL 30 OAYsmmTEN City of Newport Beach NOIRE TO THE CERTMATE HOLDER NAMED TO THE LEFT, BUT FNLIJNE TO DO SO SHALL Tom SendeEur, P.E. INPOSE NO OBLIGATION OR LIABRIIV OF ANY NND UPON THE INSURER, ITS AGENTS OR 330D Newport Boulevard Newport Beach CA 92663 REPHE'SENTATPlES. AUEPRESETATIWS. ACORD 25 (2007)081 O ACORD CORPORATION 1980 �•fisncL �`+',!R'���4n:�r.e ._:: :iN�.@i7�EU5NAME.`.illL yg�V -6S}�[P::,JSZ,Q].neer�:ng.,. �tnc °:::'; ; ::f:;nw.,vea Auto Liability per blanket Form CAT420 0706 with respect to liability arising outof work performed by or on behalf of the Consultant. Coverage is primary and non - contributory per Form CGD381 0906. Blanket waiver of subrogation applies to Ganaral Liability per For& CGD381 0906 and Workers Compensation per Form WC000313 attached. Except 10 days for non - payment of Insured: DLT &V Systems Engineering, Inc. Policy # 680450OL487 COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO Is AN INSURED (Section 11) Is amended to Include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Cftyer- age Part, but: a. Only with respect to liability for " body Injury", *property damage" or "personal in)try"; and b. if the injury or damage arises out of the per - fonnanoe, by you or your subcontractor, of 'your work" to which the "conhact or agree- ment requiring insurance" applies. Such per- son or organization does not qualify as an additional insured with respect to their inde- pendent acts or for " bodiy injury", "properly damage" or "personal injury' for which that person or organization has assumed liability in a contract or agreement. 2. The Insurance provided to the additional insured by this endorsement is k tad as follows: a. This insurance does not apply on any basis to any person or organizaton.for which cover- age as an additional insured specifically is added by another endorsement to this Cover. age Part. b. This insurance does not apply to the render - Ing of or failure to render any "professIonal services". c. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed to provide in that "contract or agree- ment requiring hururance", or the limits shown In the Declarations for this Coverage Part, whichever are less. This endorsement does not Increase the emits of Insurance stated in the LtMrM OF INSURANCE (Section III) for this Coverage Part. S. The following Is added to Paragraph a. of 4. Other hu urance In COMMERCIAL GENERAL LIABILITY CONDITIONS (section N): However, if you spadficaily agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a prhrmry basis, or a primary and non - contributory basis, this insurance is lu ttety to other insurance that is available to such additional insured which covers such addi- tional Insured as a named Insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs: and (2) The "personal Injury" for which coverage is sought antes out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still Is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the Insured Is an additional Insured under any other Insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us In COMMERCIAL GENNRAL LIABILITY Cow DfTIONS (section lit); We waive any rights of recovery we may have agahnst any person or organization bemuse of payments we make for'bodmly Injury", "property damage" or "personal Injury" arising out of "your WOW' perfomned by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only whore you have agreed to do so as Part of the "contract or agreement requiring insur- ance" with such person or organization entered Into by you before, and in effect when, the "bodily Injury' or "property damage" occurs, or the "per- sonal injury" offense Is committed. S. As respects the Insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINIf10N3 (Section V): -CG OS 8109 06 0200. Tba SL Paw Travalwo ftw9na ce companka, roc. Page 1 of 2 Inbt Ides .npyrthted matanei of in mmme SwAoee Office, lw-. v#h h pw4r0aWon. COMMERCIAL GENERAL LIABILITY "contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily Injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: n a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement is In effect; and c. Before the end of the policy period. All other terms of your policy remain the same. tE. 1 -. Page 2 of 2 02M, Tha St. Paul Travelers Insurance Compardee, Ilia. ' C=OQ Q3 81 a9 06 •IrKhal a WPW44edmawrial of Ineurarkw Services office, Ino.. MUr Its permlaelon. . Insured: DLT &V Systems Engineering, Inc. COMMERCIAL AUTO Policy 0 BA3993M841 Physical Damage Coverage is extended to tent required of you by a written contract exe- "autos" that you hire, rent or borrow subject to the cited prior to any 'accident" or "loss", pro- following: vided that the "accident" or "loss" arises out of (1) The most we will pay for aloes" in any one the operations contemplated by such con - "accident" to a hired, rented or borrowed tract. The waiver applies only to the person or "auto" is the lesser of: organization designated in such contract, (a) $50,000; (b) The actual cash value of the dam - aged or stolen property as of the time of the Ross"; or (c) The cost of repairing or replacing the damaged or stolen property with otter property of like kind and quality. (2) An adjustment for depredation , and physical condition will be made in "r- mining actual cash value In the event of a total Ross'. (3) If a repair or replacement results in better than like Idnd or quality, we will not pay for the amount of betterment (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered 'auto*: (5) This Coverage Extension does not apply to:. (a) Any "auto" that Is hired, rented or bor- rowed with a driver, or (b) Any 'auto" that Is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right or recovery we may have against any person or organization to the ex- G. BLANKEr'ADDITIONAL INSURED sECTiON U — LIABILITY COVERAGE, part A. i. Who Is An Insured, paragraph c. Is amended by adding the following: Any person or organization that you are required to include as an additional Insured on this Cover- age Form In a written contract or agreement that Is signed and executed by you before the "bodily Injury' or "property damage" occur and that Is In effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this Insurance applies and only to Ore extent that person or organzstbn qualifies as an "Insured" under the Who Is An Insured provision contained In Section il. H. EMPLOYEE HIRED AUTOS SECTION it — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours Is an %sured" while op- erating an 'auto" hired or rented under a contract or agreement In that "emq;loytWe name, with your permission, while performing duties reed to the conduct of your business. 1. COVERAGE EXTENSION— TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. `Tralere with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material of Inaurame Services Office. Ire. %ft No permission. CA T4 20 07 06 Induds"M wpyghW material of 7hs St Paul Travelers Companles, Ina. , •' •'i �rc `•EZ r. ILL Insured: DLT &V Systems Engineering, Inc. WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) -Ot POLICYNUMBER: UB6403Y44507 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered. by this policy. We will not enforce our right against the person or organization named In the Schell{ e. (This agreement applies only to the ardent that you perform work under a written contract that requires yoJ2 obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not narned In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU -- EXECUTED T+.E CONTRACT BEFORE THE LOSS. DATE OF ISSUE: 11 -17 -07 ST ASSIGN: Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6/30/08 Dept. /Contact Received From: Sha❑aa Oyler Date Completed: 6/30/08 Sent to: Shauna Oyler By: Jessica Scherer Company/Person required to have certificate: DLT &V Systems Engineering, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A: VII or greater): A +XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M Each Occ/ $2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It included? N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is It Included? N Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No 1. 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. It. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company of CT B. AM BEST RATING (A: VII or greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers indemnity Compmry of CT B. AM BEST RATING (A: VII or greater): A rXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED?