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HomeMy WebLinkAboutC-4175 - PSA for Newport Beach City Hall Survey ProjectAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. FOR NEWPORT BEACH CITY HALL SURVEY PROJECT THIS AMENDMENT NO. ONE TO P OFESSIONAL SERVICES AGREEMENT, is entered into as of this ) I" day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and HALL & FOREMAN, INC., a California Corporation whose address is 420 Exchange, Suite 100, Irvine, California, 92602 ("CONSULTANT"), and is made with reference to the following: RECITALS: A. On March 30, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for surveying services for the new City Hall and Park Master Plan Project, hereinafter referred to as "PROJECT". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for the PROJECT. D. 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 Forty -Six Thousand, One Hundred and Fifty Dollars and no/100 ($46,150.00) without prior written authorization from City. 3. The term of the AGREEMENT shall be extended to December 31, 2009. 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. ONE on the date first above written. APPROVED AS TO FORM: By: ynett au hamp Assistant City Attorney for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk for the City of Newpc Attachment: Exhibit A - Scope of Services CITY P'F.NEVIPORT OEACH, A Mih''pal Go,#pora ion Edward D. ISelic�i,' Mayor for the City of Newport Beach HALL & FOREMAN, INC.: By:YExcutive 0I vlyr ourge i , Vice President By: C oh C. Hogan, (ChieA Executive Officer' EXHIBIT A H& Nor A ♦Forem i Engineering • Surveying • Planning • Landscape Architecture 11.090326.0000 June 16, 2009 Mr. William Hahn C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Re: Newport Beach Additional Survey Request — ARUP Letter dated May 14, 2009 Dear Mr. Hahn: Hall & Foreman has reviewed the letter from Rm. Nathan Will with ARUP dated May 14, 2009 requesting optional field topographic and boundary survey for the development of the new City Hall site south of San Miguel Drive. The attached proposal is submitted for your review to determine the level of additional survey information required to assist in the plan preparation of the City Hall site. The following is a detailed description of the scope of services to be provided by HFI for the completion of the additional survey services requested to supplement.the existing topographic base mapping for the future Newport Beach City Hall and Park site. The project deliverables will include an AutoCad formatted drawing, hard copy print of all survey points, survey field notes and control files. Task 1—Avocado Avenue- Street Cross-sections Provide half street cross-sections and topographic survey along Avocado Avenue from the Library site northerly to San Miguel Drive. Survey services will include 50 -foot cross-sections along Avocado from the centerline to the easterly ROW of Avocado. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Fee: $3,600 Task 2 —San Miguel Dive- Street Cross-sections Provide half street cross-sections and topographic survey along San Miguel Drive from the Avocado to MacArthur. Survey services will include 50 -foot cross-sections along San Miguel from the centerline to the southerly ROW of San Miguel. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Fee: $2,000 Irvine 420 Exchange, Suite 100 - Irvine, CA 92602-1301 Tel 714.665.4500 • Fax 714.665.4501 Temecula Three SelterWorld Circle. Suite 200 • Temecula. CA 92590-3745 Tel 951.294.9300 - Fax 951.294.9301 Rancho Cucamonga Santa Clarke 9130 Anaheim Place, Suite 120 • Rancho Cucamonga. CA 91730-5465 25152 Springfield Court, Suite 350 • Santa Clarila, CA 91355-1096 Tel 909.919.7800 • Fax 909.919.7601 Tel 661.284.7400 • Fax 661 284.7401 Victorville Woodland Hills 14297 Cajon Avenue, Sulle 101 • Vlclorville, CA 92392-2335 20950 Warner Center Lane, Suite A • Woodland Hills, CA 91367-6537 Tel 760.241.0595 - Fax 760.241.1937 Tel 818.251A200 • Fax 818.251.1201 Task 3 -- MacArthur Avenue- Street Cross-sections Provide half street cross-sections and topographic survey along MacArthur Avenue from the Library site northerly to San Miguel Drive. Survey services will include 50 -foot cross-sections along MacArthur from the centerline to the westerly ROW of MacArthur. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Fee: $3,600 Task 4 — Utility Locations and Detail Elevations Locate all sewer and storm drain manholes along Avocado, San Miguel, and MacArthur. Obtain rim elevations and obtain elevations of all flowlines of main line and lateral lines for each manhole. Locate all storm drain catch basins and obtain elevations of inverts and outlet piping. Provide field notes depicting layout of manhole channelization. Field locate all water valves along San Miguel, Avocado, and MacArthur. Provide rim elevations and depth to top of water valve nut. Fee: $2,350 Task 5 —Topo of San Miguel Drive Provide full topographic survey and cross-sections for San Miguel Drive from Avocado to 300 -feet west and MacArthur to 300 -feet east. Survey will include 50 -foot cross-sections to 20 -feet beyond the existing back of walk. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Elevations will be provided at Centerline, top of curb, flow line, edge of gutter, and back of walk. Fee: $4,600 Task 6 — Park Survey Grid Provide 25 -foot survey grid of vacant land bounded by Farallon extension to the south, Avocado, San Miguel, and MacArthur. Work will include placing lathe and flags to locate limits of biological boundary within area as determined by environmental engineer. Obtain flow line elevations of storm drain inverts and outlets of drainage structures within survey area noted above. Provide filed notes and sketches of drainage structures. Provide 25 -foot grid survey of vacant land north of San Miguel and south of the OCTA transit depot. Survey will be obtained from Avocado to MacArthur. Fee: $5,500 Task 7 — Aerial Mapping — Update Map with New Survey This task will include the services of the aerial mapping subconsultant to revise the contour layout based on the updated survey performed by HFI. Limits of survey mapping will include the vacant parcel of land bounded by Avocado, San Miguel, MacArthur and the northerly building wall of the Library, and the portion of land north of San Miguel. Existing street topo and contours will be adjusted at the edge of the grid survey (back of walk elevation) as performed in Task 6. Fee: $4,500 Task 8 — Prepare ALTA/ACSM Land Title Survey Complete an ALTA/ACSM Land Title Survey of Avocado and San Miguel, in the City of Newport Beach, California, for the future site of the Newport City Hall. This work will has been prepared based upon normal surveying and mapping procedures, as well as specific discussions between representatives of both parties. Work will include retracement of boundary lines per record tract and parcel maps, and title reports as provided by City of Newport Beach. City will provide copy of all record documents listed and referenced in said title report. Land Title Surveys will be prepared in conformance with the ALTA/ACSM 2005 standards. Setting of monuments and filing of a Record of Survey will not be included in this work. Fee: $16,000 Task 9 — Project Management Provide project management services for the coordination and completion of additional survey services to the City of Newport Beach. Attend meetings with City to review limits of survey, review work products and provide final product to the City. Fee: $4,000 Total fee for all tasks: $46,150. Should you have any questions, or wish to discuss the services as outlined in this proposal further, please contact the undersigned at (714) 665-4518. Sincerely, HALL & FOREMAN, Inc David Stuetzel Project Manager South Coast Division 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: 3/23/09 Dept./Contact Received From: Shauna Ovler Date Completed: 3/23/09 Sent to: Shauna Oyler By: Jessica Scherer Company/Person required to have certificate: Hall & Foreman Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Company of America B. AM BEST RATING (A: VII or greater): A+XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D_ LIMITS (Must be $1 M or greater): What is limit provided? $1M Each Occ/$2M A gg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® 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 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: Travelers Indemnity Company of Connecticut B. AM BEST RATING (A: VII or greater) A+XV C. ADMITTED COMPANY (Must be California Admitted).- Is dmitted):Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M 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? ❑ 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 mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Casualty & Surety Company B. AM BEST RATING (A: VII or greater): A+XV 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? CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum(a)-newportbeachca.gov 949-644-3311 SUBJECT: NEWPORT BEACH CIVIC CENTER - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC FOR SURVEY SERVICES RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Hall & Foreman, Inc., of Irvine, California, to provide supplemental survey and consulting services at a not to exceed price of $46,150 and authorize the Mayor and City Clerk to execute the amendment. DISCUSSION: On March 30, 2009, City Staff entered into a PSA with Hall & Foreman, Inc. to provide preliminary land surveying services for the City Hall in the Park project in the amount of $17,500. Hall & Foreman, Inc was selected at the most qualified to perform this work due to their previous experience with the former Newport Center Park project at this site. At the successful conclusion of that work, additional work was identified to facilitate the schematic design of the project. City Staff met with Hall & Foreman, Inc. and negotiated a work scope and fees for the Schematic Design Survey Services for the project. The proposed work scope includes: • Survey cross sections for Avocado Avenue, San Miguel Drive, and MacArthur Boulevard; • Utility locations and detail elevations for sewer and storm drain; • Topographic survey sections for San Miguel Drive 300' east and west of the project; • Establish 25 foot survey grid and identify biological/wetland boundaries within the central park portion of the project; • Update aerial mapping Newport Beach Civic Center— Approval of Amendment No.1 to the Professional Services Agreement with Hall & Foreman August 11, 2009 Page 2 Prepare ALTA/ACSM Land Title survey Project Management including coordination and meetings The proposed fee for the land survey services is a "not to exceed' cost of $46,150. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit 1 of the attached PSA, which are the same as the billing rates in the preliminary phase. With this amendment, the total allocated work on this contract is valued at $63,650. Environmental Review: Land Surveying services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. City Council has retained LSA who will prepare environmental documentation for the project. Funding Availability: There are sufficient funds available in the following account: Account Description City Hall and Park Design Submitted by: Director Account Number 7410- C1002009 Amendment No. 1 to PSA with Hall & Foreman, Inc. Amount $ 46,150 $ 46,150 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH HALL & FOREMAN, INC. FOR NEWPORT BEACH CITY HALL SURVEY PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and HALL & FOREMAN, INC., a California Corporation whose address is 420 Exchange, Suite 100, Irvine, California, 92602 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On March 30, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for surveying services for the new City Hall and Park Master Plan Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to December 31, 2009. C. CITY desires to compensate CONSULTANT for additional professional services needed for the PROJECT. D. 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 Forty -Six Thousand, One Hundred and Fifty Dollars and no/100 ($46,150.00) without prior written authorization from City_ 3. The term of the AGREEMENT shall be extended to December 31, 2009. 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. ONE on.the date first above written. APPROVED AS TO FORM: By: Mynette D. Bea hamp Assistant City A orney for the City of Newport Beach ATTEST: Leilani Brown, City Clerk for the City of Newport Beach Attachment: Exhibit A - Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich, Mayor for the City of Newport Beach HALL & FOREMAN, INC.: By: I J E. Bourg is, E cutive Vice President J" C C. Hogan, Executive � I� Engineering- Surveying• Planning• LwdscapeAtchitedure 11.090326.0000 June 16, 2009 Mr. William Hahn C.W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Re: Newport Beach Additional Survey Request — ARUP Letter dated May 14, 2009 Dear Mr. Hahn: Hall & Foreman has reviewed the letter from Rm. Nathan Will with ARUP dated May 14, 2009 requesting optional field topographicand boundary survey for the development of the new City Hall site south of San Miguel Drive. The attached proposal is submitted for your review to determine the level of additional survey information required to assist in the plan preparation of the City Hall site. The following is a detailed description of the scope of services to be provided by HFI for the completion of the additional survey services requested to supplement.the existing topographic base mapping for the future Newport Beach City Hall and Park site. The project deliverables will include an AutoCad formatted drawing, hard copy print of all survey points, survey field notes and control files. Task 1— Avocado Avenue- Street Cross- sections Provide half street cross- sections and topographic survey along Avocado Avenue from the Library site northerly to San Miguel Drive. Survey services will include 50 -foot cross - sections along Avocado from the centerline to the easterly ROW of Avocado. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Fee: $3,600 Task 2 —San Miguel Dive- Street Cross - sections Provide half street cross - sections and topographic survey along San Miguel Drive from the Avocado to MacArthur. Survey services will include 50 -foot cross- sections along San Miguel from the centerline to the southerly ROW of San Miguel. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and.otherstreet facilities within the project limits. Fee: $2,000 IMne RantM1O Cucamonga Sanla CWba 420E xn9a, 5a1(a 100• IrvNa, CA 92682 -1301 9130 Anaheim Place,5.0, i29 -RanNa CV<aanxg0.G9i)^A5465 25152 Syirq(¢ {e Cg1.2".79350.5661.2U.74 CA 9/3551036 Tel 711665.4500• Fax 714A65 A501 TN MS 197600• Fox 909.919)801 TN 661386.7400•Fax 881164]401 TemacWa Vicm�rilla Wo 1.d HEM . TF,ee 0,,UWO4d Circle, 5u6a 200 •iemecvla. CA 92590.3145 14291 Gym AVe , SY4e 101 • Vl laxO e, CA 9218 -43]5 � 0j°' To 618151.IS200 .Fax 0181251.1201 CA 91961-R.i> 1e1951.294.9300- Fax 951.294.9301 T¢ 160.2410595 - Fax 160.241.1937 Task 3 — MacArthur Avenue- Street Cross - sections Provide half street cross - sections and topographic survey along MacArthur Avenue from the Library site northerly to San Miguel Drive. Survey services will include 50 -foot cross- sections along MacArthur from the centerline to the westerly ROW of MacArthur. Tope will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Fee: $3,600 Task 4 — Utility Locations and Detail Elevations Locate all sewer and storm drain manholes along Avocado, San Miguel, and MacArthur. Obtain rim elevations and obtain elevations of all flowlines of main line and lateral lines for each manhole. Locate all storm drain catch basins and obtain elevations of inverts and outlet piping. Provide field notes depicting layout of manhole channelization. Field locate all water valves along San Miguel, Avocado, and MacArthur. Provide rim elevations and depth to top of water valve nut. Fee: $2,350- Task 5 —Topo of San Miguel Drive Provide full topographic survey and cross- sections for San Miguel Drive from Avocado to 300 -feet west and MacArthur to 300 -feet east. Survey will include 50 -foot cross - sections to 20 -feet beyond the existing back of walk. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees, and other street facilities within the project limits. Elevations will be provided at Centerline, top of curb, flow line, edge of gutter, and back of walk. Fee: $4,600 Task 6 — Park Survey Grid Provide 25 -foot survey grid of vacant land bounded by Farallon extension to the south, Avocado, San Miguel, and.MacArthur. Work will include placing lathe and flags to locate limits of biological boundary within area as determined by environmental engineer. Obtain Flow line elevations of storm drain inverts and outlets of drainage structures within survey area noted above. Provide filed notes and sketches of drainage structures. Provide 25 -foot grid survey of vacant land north of San Miguel and south of the OCTA transit depot. Survey will be obtained from Avocado to MacArthur. Fee:. $5,500 Task 7 — Aerial Mapping — Update Map with New Survey This task will include the services of the aerial mapping subconsultant to revise the contour layout based on the updated survey performed by HE[. Limits of.survey mapping will include the vacant parcel of land bounded by Avocado, San Miguel, MacArthur and the northerly building wall of the Library, and the portion of land north of San Miguel. Existing street topo and contours will be adjusted at the edge of the grid survey (back of walk elevation) as performed in Task 6. Fee: $4,500 Task 8— Prepare ALTA /ACSM Land Title Survey Complete an ALTA /ACSM Land Title Survey of Avocado and San Miguel, in the City of Newport Beach, California, for the future site of the Newport City Hall. This work will has been prepared based upon normal surveying. and mapping procedures, as well as specific discussions between representatives of both parties. Work will include retracement of boundary lines per record tract and parcel maps, and title reports as provided by City of Newport Beach. City will provide copy of all record documents listed and referenced in said title report. Land Title Surveys will be prepared in conformance with the ALTA /ACSM 2005 standards. Setting of monuments and filing of a Record of Survey will not be included in this work. Fee: $16,000 Task 9 — Project Management Provide project management services for the coordination and completion of additional survey services to the City of Newport Beach. Attend meetings with City to review limits of survey, review work products and provide final product to the City. Fee: $4,000 Total fee for all tasks: $46,150. Should you have any questions, or wish to discuss the services as outlined in this proposal further, please contact the undersigned at (714) 665 -4518. Sincerely, HALL & FOREMAN, Inc David Stuetzel Project Manager South Coast Division Client#: 6688 Hal l PORFM_ __ _. ...._ _ ..__ ..._.._•. j!1 G TIRGATE OF LIABILITY • itI �l bi.'Dw :... ... .. ... INSURANCE _ ........_.. _ .DA11171M(O.DA' -'/YY) .: ..:'03,117(20.09 _... . '. PRODUCER - - :'::r T�;r::•.. :':,,_:. _ ':. - - - ' Dealey Renton 8 Assdciates'"" P. O. E36X 10550 -. ' THIS CERTIFICATE IS ISSUEDTASA MATTER OF INFORMATION .... . ` "ONLY ANO'CONFERSTIb RIGHi$.9PON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR - ALTER THE COVERAGE AFFORPED BY THE POLICIES. BELOW....., Santa Ana;.CAr 92711 -0550 TYPE OF INSURANCE POLICY NUMBER 714427,-6810'' . _ _ ...... . ... ... .._...... INSURERS AFFORDING COVERAGE: NAIL # INSURED tNSURERA Travelers Property Casualty Co.of.Am . - 25674..... .. . Hall &Foreman, Inc. 420 Exchange, Suite 100 Irvine, CA_.92602 INSURER D: Travelers Casualty & Surety Comp. 19038 INSURER C: Hudson Insurance Company $110-00,000 wsuRERD: Travelers Indemnity-Co. of Connectic 25682 INSURER E' General Liab. excludes ClaimS -' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID CLAIMS. INSR LTR kDO11 INSRE TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE MMID13" POLICY EXPIRATION DATE (MMIDDMI LIMITS A GENERAL LIABILITY 68081281-941 02/01/09 02/01110 EACH OCCURRENCE $110-00,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE aOCCUR General Liab. excludes ClaimS DM/AGE IO RENTED- $1000000 MED EXP(Any one person) $10,000 PERSONAL 6 ADV INJURY $1000000 X Contractual Llab, arising Out Of GENERAL AGGREGATE s2,000.000 the performance GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP /OP AGG $2000000 Of professional POLICY X PRO" JECr we services. D AUTOMOBILE X LIABILITY ANY AUTO BA9105L095 02/01109 02101/16 COMBINED SINGLE LIMIT (Ea axident) $1,000QQQ i BODILY INJURY'.' (Perperaonl $ ' ALL OWNED AUTOS SCHEDULED AUTOS - - X BODILY INJURY - - (Per acddent) _ ... .. .... $ ..... HIREDAUTOS NON -0OWNED AUTOS X PROPERTY DAMAGE....'.. (Per aoWent) $ ... .. .. - �.. .... .. GARAGE LIABILITY _ AUTO ONLY "EA ACCIDENT $ OTHER THAN EA ACC. AUTO ONLY:AGG $ . ANY AUTO - :. - $ A SRIMBRELLALIABIUTY CUP8406Y295_ ' c. 02/0 .1110:.::_.: EACH OCCURRENCE.. .. 0000000 -CUR CLAIMS MADE) _ - ._.- (Does pot,; .02/0'1109.. °` AGGREGATE $1 000 too rRETENTION ..EDUCTIBLE include Professional $ $ Liabfli . ) B WORKERS COMPENSATION AND FMPLOYERXLIABILITY ANY PROPRIETORlPARTNERIEXECUTIVE UB5572Y600 02/01/09 02/01110 X 'WCSTPTU- OTH- EL EACH ACCIDENT $1000000 E.L. DISEASE-EA EMPLOYEE $1,000,000 OFIRCEWMEMBER EXCLUDED? K yas dsavtba ulNer SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1000000 C OTHER Professional AEE7104904 12115108 12/15109 $2,000,000 per claim Liability $2,000,000 anni aggr. Claims made DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Professional Services Agreement for Newport Beach City Hall Survey Project. City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are additional insured on General & Auto (See Attached Descriptions) City of Newport Beach Public Works Department 3300 Newpor Blvd., P.O. Box 1768 Newport Beach, CA 92658 ACORD 25 (2001!08)1 of 2 #M246508 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO THEMSUING INSURER WILL XX%t MAIL 440_ DAYS WRITTEN :ERTIFICATE HOLDER NAMED TO THE LEFT. THC 0 ACORD CORPORATION 1988 o= o o= o= c o— a^— a a= 002803 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury' caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. to connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". B. The following is added to Paragraph a. of 4. . =Other Insurance in- COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This Insurance does not apply to the render - ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a. primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs, and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. ..Pagel of 2 Includes the copyrighted material pf Insurance Services Office, Inc., with its permission. . ROLICY NUMBER: BA910SLO95 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 03/17/2009 Named Insured Hall & Foreman, Inc. Name of Person(s) or Organization(s): City of Newport Beach Public Works Department 3300 Newpor Blvd,:, P. O_ Box 1768 Newport Beach, CA 92658 SCHEDULE Re: Professional Services Agreement for Newport Beach City Hall Survey Project_ City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 TRAVELERS J� WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -001 POLICY NUMBER: UB5572Y600 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT .CALIFORNIA (BLANKET WAIVER) 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 Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. 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: 3123709 Dept.lConlact Received From: Shauna Oyler Date Completed: 3123109 Sent to: Shauna Oyler By: Jessica Scherer CompanylPerson required to have certificate: I all & Foreman Inc. GENERAL LIABILITY A. INSURANCE COMPANY: "travelers Property Casualty Company of Amcnca B. AM BEST RATING (A: VII or greater). A +XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $IM Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? - ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® 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 ®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. ft. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnity Company of Connecticut B. AM BEST RATING (A: Mier greater) A +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M 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? ❑ 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 canceltaton by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Casualty & Surery ComVauy B. AM BEST RATING (A: VII or greater): A +XV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? ® Yes ❑ No PROFESSIONAL SERVICES AGREEMENT WITH s HALL & FOREMAN, INC. FOR NEWPORT BEACH CITY HALL SURVEY PROJECT THIS AGREEMENT is made and entered into as of this .7'' day of OAK# 200 � , by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and HALL & FOREMAN, INC. a California Corporation whose address is 420 Exchange Ste. 100, Irvine, California, 92602 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct the new City Hall and Park Master Plan Project. C. City desires to engage Consultant to provide surveying services for the new City Hall and Park Master Plan Project. ( "Project') D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member[s] of Consultant for purposes of Project, shall be David Stuetzel. 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 31" day of May, 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. 0 • 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 Seventeen Thousand, Five Hundred Dollars and no /100 ($17,500.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 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 • i 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 DAVID STUETZEL 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. WILLIAM HAHN 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: 3 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 A" 1 0 • of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise 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. 5 0 13. PROGRESS 0 Consultant is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, 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 VII (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. i. 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. 6 0 • ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one 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 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 one 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 one million dollars ($1,000,000). E. 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 work performed by or on behalf of the Consultant. ii. 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. 7 0 E 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 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 City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 6 0 • 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 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. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. I • 0 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. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement 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 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 10 • 0 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. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 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: William Hahn C.W. Driver 15615 Alton Parkway, Ste. 150 Irvine, CA 92618 Newport Beach, CA, 92663 Phone: 949 - 261 -5100 Fax: 949 - 261 -5167 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: David Stuetzel Hall & Foreman, Inc. 420 Exchange, Suite 100 Irvine, CA 92602 Phone: 714 - 665 -4500 Fax: 714- 665 -4501 11 r� u 28. TERMINATION L 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 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. 29. 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. 12 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 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. APPROVED AS TO FORM: By: Myne to D. ea amp Assistant City Attorney for the City of Newport Beach 13 CITY OF NEW ORT BEACH, A Muni moration eve Ba-dum Public Works Director for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk Attachments RNI CONSULTANT: By: VVI/V IV (Corpor to Officer). Title: i1�%' Via I Print Name} By: (Financial O fice Titl Chij Cx c. 6-pc.� Print Name Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 c ct • 02/18/2009 16:14 FAX 714 665 4501 HALL & FOREMAN INC. EXHIBIT A ■NER �� , � 11 & Forenoon; Lle. rwle 11.090326.0000 February 18, 2009 Mr. William Hahn C. W. Driver 15615 Alton Parkway, Suite 150 Irvine, CA 92618 Re: Survey Proposal for Newport Beach City Hall - Revised Dear Mr. Hahn: Hall & Foreman, Inc. (HFI) is pleased to submit for your consideration this proposal to provide surveying services for the Newport Beach City Ilall Project. T'Ite following is a detailed description of the scope of services to be provided by HFI for the completion of the work necessary to prepare topographic base maps to depict the existing street topography and elevation control. The project deliverables will include an AutoCad format drawing, hard copy print of the base plan, survey field notes and control files. Task 1— Field Survey — Farallon drive Provide street cross - sections and topographic survey along Farallon Drive from Avocado Avenue to 300 -feet west. Survey services will include 50 -foot cross - sections along Farallon to 20 -ft beyond the existing back of walk. Topo will include location of all signs, yard boxes, electrical vaults, manholes, trees and other street facilities within the project limits. Task 2 — Aerial Mapping Provide survey field control and aerial mapping for property located north of San Miguel Drive and west of Macarthur Blvd. Aerial snapping will include 1 -foot contours and be completed at I "= 20 scale. Limits of survey will be to 1000 feet north of San Miguel Drive. Supplemental field survey will be completed within adjacent project streets of Avocado Avenue, San Miguel Drive and Macarthur Blvd. to provide cross - sections from centerline to back of parkway. Field survey will be completed of parkways adjacent to project area to locate at grade utility structures, trees, and miscellaneous street facilities. �T —_ lin - -� — 2and:o cucemorge — � -- - 9xMx Clxrlbr � , J[)ExeUan:• Sew lfAlMl:mc( CA yZCA -Id1:1 "LW Ano ^a'•m c4 rs .i "bl•I1ervnu GW.vnon,:a ::A U'i:M1:Ju,i 35Pa v,n.n4'lCy Coon A14 %'•5.+'n .J'JtJ$j J ?tl iwl il fli 1jUU'4p }1' +ARh iN:l 1!11: -0!1f:'.0 ]CJS "Ya }dIJY.U14IM1 ie'�lil.: (Ii i�f.(1 .I }.a•..1 Tamxtltld Y¢111 l- le N'ootlb ntl IIr115 iMaw Fe': ^NTOI. nZ',!!'J 31 15 .g19S I1.`n](.u.:1 AN,1 SJA': 1U1,'/:76A11a. (;A A:'I "C� ": ?5 :U"nis N:nnx(fsnl1:11 a1 - N:':Jkn l ,A TO !::: .lU b1.204 -1111 91 •I:WU Yax bl.'1;14 °illl I:: ir:.'L{I J'/C)�'9n lfi'1'lil l ^.1] 1111p! InIUIY:!�11lJ'! 02/18/2009 16:14 FAX 714 66501 HALL & FOREMAN INC. 0 1x003 Task 3 — Library Parking Lot Complete field survey of Newport Beach Central Library parking lot along easterly access road and along parking row adjacent to approximately 100 -feet south of Library entrance. Survey will include locating parking curbs, gutters, trees, at grade utility facilities, and access doors to Library. I-IFI will complete the above mentioned task for a fee of $17,500. If you have any questions pertaining to our services, please contact the undersigned at (714) 665 -4500. Sincerely, IIALL & FOREMAN, Inc. � David Stuetzel Project Manager South Coast Division 0 • EXHIBIT B _MM'r Hall e& Foreman, In . Engineering w Planning m Surveying SCHEDULE OF HOURLY BILLING RATES Effective November I. 2008 OFFICE: Principal $195.0011our Project Management (VP /Sr. Pool. Dir. /Prof. Dir.: Proj. R Survev Mgr) $165.0014our Senior Engr.iProi. Eng.'Proj. Surv'eyoriSr. DesignerPrineipal Planner $135.00JIour Staff Engineer $115.001 lour DesignerAssist. Proj. Mgr /Planner. Survev Analyst $105.00rHour DrafterCADD TechnicianiSenior Analyst $ 95.00iHour Project AssistantiE-xpeditor,'Assist. Engineer $ 80.00 /Hour Administrative $ 65.00 /Hour Expert Witness /Litigation Consultation $300.00 /flour FIELD SURVEY 3- Person Survey Crew $245.00 /Hour 2- Person Survey Crew $200.001Hour I - Person Survey Crew $150.00 /Hour 2- Person High Definition Survey Crew $360.00. Hour CONSTRUCTION: Resident Engineer $115.00 /Hour Inspector $105.00.!Hour Note 1: Client shall pay the cost, plus 15 ^5,, for any applicable governmental fees, title company charges, well monuments, outside vendor reproduction costs, in -house reproduction cost, plotting costs, mileage, and delivery or messenger services incurred on Client's behalf. If requested, HFI will provide a computer printout, which details these costs. HFI does not typically provide any additional back up for these generally nominal expenses as part of our fee. Note 3: The fee staled herein does not include any sales or use tax. In the event that a sales and /or use tax is imposed by local, state, or federal authority. upon the services rendered hereunder, such sales and /or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client. C Uoaimams and Seumys Alw Local Salim_> Tempoiary Inlemn Pon ['annul Uoilunl 9000GAtX0 2608 Scladnle of Hourly RJhng Rams dac Fax #: u 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Dale Received: _ 3/23/09 Dept /Contact Received From: Shauna Oyler Date Completed: _ 3.23109 Sent to: Shauna Oyler By: ` Jessica Scherer _ Company /Person required to have certificate: Hall K Foreman Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Company of America 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 $1M or greater): What is limit provided? $1 M Each Occ /$2M A g 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 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: Travelers Indemnity Company of Connecticut 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? ❑ 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 mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY'. Travelers Casualty & Surety Company B. AM BEST RATING (A: VII or greater): A +XV 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?