Loading...
HomeMy WebLinkAboutC-4527(J) - PSA for Newport Beach Civic Center and Park Facilities Feasibility Analysis (Newport Beach Civic Center)AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, INC. FOR FACILITIES FEASIBILITY ANALYSES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One "), is entered into as of this 7 day of S e !1 , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and GRIFFIN STRUCTURES, INC., a California Corporation whose address is 385 Second Street, Laguna Beach, California 92651 ( "Consultant "), and is made with reference to the following: RECITALS: A. On June 27, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for consulting services for the Facilities Feasibility Anaylyses ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to July 31, 2012, to increase the total compensation, and to increase the scope of work. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on July 31, 2012, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated August 9, 2011, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Seventy -Five Thousand Dollars and no /100 ($75,000.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Dollars and no /100 ($50,000.00), without prior written authorization from City 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. One on the dates written below. APPROVED AS TO FORM: OFFICE 0 1 THE CITY ATTORNEY Date: By 7))V ! �� Leonie Mulvihill Assistant City Attorney , ATTEST- Date: Date: "1 -7- )1 By: , II' _ "g Leilani I. Brown City Clerk 100,01011"N' CITY OF NEWPORT BEACH, A California municipal corporation Date:' /So� // Public'Works Director TANT: GRIFFIN STRUCTURES, INC., a California Corporation Date: I/// 1/ By: - - - -- Roger N.ITorriero, ChiefrXe`cutive Officer Date: 11 By: A 112 Mark G. Hoglund, Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed Exhibit A Amended Work Scope for Professional Services Agreement with Griffin Structures, Inc. dated 6/27/11 The additional proposed services include: 1. Review the site concept plan as proposed by the attached staff recommendations dated 8/9/11 and refine space requirements for the proposed uses on the Corporation Yard site. 2. Prepare a conceptual plan for the site including access and circulation requirements I Prepare preliminary cost estimates to construct the proposed concept including demolition costs, allowance for grading and site improvements, and facilities construction costs. 4. Meetings and presentations as required. The above additional work scope will be performed on a time and material basis at the hourly rates and charges as approved in the original PSA dated 6/27/11 and at a cost not to exceed $50,000. I t N. lj�k1 J r ilGr Vii' L M1� !. �8Y Se v. .1: Y lit !l S�TI i �fGx �'e I a, t YS L � T � i x •t�^ r i � t lj �. 22 j,e L E � I IYI��f 7, Y r! 6 t x t �"` a 1�`..q`` �' rli'2�. p ' °c. }�5 5 � —:} it'd!• �0:;: - , ! i lI• � � 1 Ir �1 'ry l \stn . i 1f� 1 t�r t M1 �1 1 11 , Ita4 t �tF Al 11r 1 rk F Q�yyl l % f p - , ! i K �1\v; �t I �1 'ry l \stn . i 1f� 1 t�r t M1 �1 1 11 , Ita4 t �tF ^ 11r 1 rk F Q�yyl t. - , ! i t �1\v; �t I �1 'ry l \stn . i 1f� 1 t�r rt 1� M1 �1 1 11 , Ita4 t I 4622 (1) PROFESSIONAL SERVICES AGREEMENT WITH GRIFFIN STRUCTURES, INC. FOR NEWPORT BEACH CIVIC CENTER & PARK FACILITIES FEASIBILITY ANALYSES THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this a 71121ay of v /Lr2i , 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and GRIFFIN STRUCTURES, INC., a California corporation ( "Consultant'), whose address is 385 Second Street, Laguna Beach, California 92651 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 designing and constructing a new Civic Center and Park to be located at the 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Civic Center Building and Park with the existing library facility. C. City desires to engage Consultant to assess various programs and services related to the City Civic Center and Park Facilities Feasibility Analyses ( "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 Project shall be Roger N. Torriero. 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 September 1, 2011 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. iTiLril »Z1;9aAI us] ►rreZKe] &YR11%rA lI 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates 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 Dollars and no /100 ($25,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically 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: GRIFFIN STRUCTURES, INC. Page 2 4.3.1 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. 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did 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. I �1 � � : Z � 111 � � � 1 t i I _\ ► . I _[ d � :7 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Roger N. Terriero to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen G. Badum, Public Works Director, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one 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. GRIFFIN STRUCTURES, INC. _ Page 3 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 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 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. GRIFFIN STRUCTURES, INC. Page 4 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 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of GRIFFIN STRUCTURES, INC. Page 5 performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 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, blanket contractual liability. 14.6 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 accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in GRIFFIN STRUCTURES, INC. Page 6 connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 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 GRIFFIN STRUCTURES, INC. Page 7 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 portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. 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. 20. 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 GRIFFIN STRUCTURES, INC. Page 8 respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 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. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. GRIFFIN STRUCTURES, INC. Page 9 25. NOTICES 25.1 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: Stephen G. Badum Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Roger N. Torriero Griffin Structures, Inc. 385 Second Street Laguna Beach, CA 92651 Phone: 949 - 497 -9000 Fax: 949 - 497 -8883 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. GRIFFIN STRUCTURES, INC. Page 10 27.2 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. 28. STANDARD PROVISIONS 28.1 Compliance With all Laws Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.2 Waiver A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. GRIFFIN STRUCTURES, INC. Page 11 28.6 Amendments This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.7 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.8 Controlling Law And Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. GRIFFIN STRUCTURES, INC. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFIC OF HE CITY ATTORNEY Date: By. Leonie Mulvihill Assistant City Attorney ;� CITY OF NEWPORT BEACH, A California nicip�4corporation rlata- P 2 711/, Director ATTEST: CONSULTANT: GRIFFIN STRUCTURES, Date: d) / / INC., a California Corporation Date: �By: By: xr Leilani . Brown Rog r . or ero City Clerk Chi ive Officer Date: 7 600r= Z611 v. 44FORM,' Mark G. Hoglund Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates GRIFFIN STRUCTURES, INC. Page 13 EXHIBIT A EXHIBIT A PROFESSIONAL SERVICES AGREEMENT WITH Griffin Structures, Inc. FOR City Facilities Feasibility Analyses Newport Beach Capital Strategic Plan This scope of work pertains to comprehensive Program Management professional services related to the creation of a conceptual City Facilities Master Plan. Services in particular are to investigate certain options related to the following facilities: West Newport Community Center, located on 151h Street City Corporation Yard, located on Superior Avenue The City Utilities Yard, located on 16th Street Newport Beach Police Headquarters, located on Santa Barbara Drive Fire Station No. 2, located on 32nd Street Additional facilities of interest, but not included in this scope at this time, are: Fire Station No. 1, located on Balboa Boulevard Balboa Library, located on Balboa Boulevard Lifeguard Headquarters, located at Newport Pier Balboa Community Center and Marina Park, located on Balboa Boulevard Services required include the identification of conceptual programmatic (amount of space) requirements as needed by these City operations, and conceptual statements of possible cost corresponding to them, in the following strategic relocation and site utilization scenario: In particular, the work includes the following: I. Identify the resulting opem6ng assumptions, and corresponding conceptual space requirements, appropriate and necessary to allow the respective component to fit onto the planned location. 2. Identify factors, issues, assumptions, and caveats associated with these requirements. 1 Develop a preliminary sequential and related basic schedule to erfect the overall program. 4. Provide macro -level block illustrations of concepts which elaborate and explain . the proposed activities and facilities. 5. Assist the City in the determination of the possible strategic benefits associated with the proposed plan, including the economic potential of vacated propeaty(s). Griffin Structures, Inc. Page 15 EXHIBIT B EXHIBIT B PROFESSIONAL SERVICES AGREEMENT WITH Griffin Structures, Inc. FOR City Facilities Feasibility Analyses Time to Complete Work Based on the anticipated above Scope of Work, it is estimated that the time to complete this assessment with recommendations will be approximately 60 to 90 days from date of notice to proceed. Much of this will depend on the availability of individuals for meetings in order to gain a better understanding of the issues and to retain relevant data Rates Project Principal $275.00 per hour Project Executive $225.00 per hour Senior Construction Manager $195.00 per hour Senior Project Analyst $165.00 per hour Griffin Structures, Inc.--- - - - - -- — v- - - — -- -- —J -- Page 16 Business Search - Business Entities - Business Programs r' :rrr r�JNrn. O f o i Noll f Secretary of State Administration Elections Business Programs Business Entities (BE) Business Entity Detail Online Services - Business Search - Disclosure Search - E -File Statements - Processing Times Main Page Service Options Name Availability Forms, Samples & Fees Annual /Biennial Statements Filing Tips Information Requests (certificates, copies & status reports) Service of Process FAQs Contact Information Resources - Business Resources - Tax Information - Starting A Business - International Business Relations Program Customer Alert (misleading business solicitations) Page I of 1 Data is updated weekly and is current as of Friday, May 20, 2011. It is not a complete or certified record of the entity. Entity Name: Entity Number: Date Filed: Status: Jurisdiction: Entity Address: Entity City, State, Zip: Agent for Service of Process: Agent Address: Agent City, State, Zip: GRIFFIN STRUCTURES, INC. C2008760 04/23/1997 ACTIVE CALIFORNIA 385 SECOND ST LAGUNA BEACH CA 92651 KELLY MURDOCK 385 SECOND ST LAGUNA BEACH CA 92651 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more extensive search, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field Descriptions and Status Definitions. Modify Search New Search Printer Friend_ ly Back_t_o Search Results Privacy Statement I Free Document Readers Copyright © 2011 California Secretary of State Iittp : / /kepler.sos.ca.gov /cbs.aspc 05/25/2011 '©CC?R DI CERTIFICATE OF LIABILITY INSURANCE DATE 6f7l2017�I PRODUCER Kimbrell Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 950 E Katella Ave Ste 4 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Orange, CA 92867 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0619548 714 -538 -8723 1 I www. Kimbrell- Insu ran ca. Gom _ _ __- _ ., _- 714 -538 -8724 .. INSURERS AFFORDING COVERAGE NAIC # INSURED Gfd'n Structures, Inc. INSURER Great American Assurance Co. LIMITS 365 SECODd SL INSURER Br Hartford Casualty Insurance LIABILITY Laguna Beach CA 92651 i INSURERc: RSUI Indemnit Com an - Y —P Y -- T I - --'— EACH OCCURRENCE INSURER D: Lexin Ion Insurance Com INSURER E: COVERAGES DA ( GER ED Enoccurtence THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - iWSR DD' NSRC TYPE OF INSURANCE POLICY NUMBER .GLP2100730 POLICY EFFECTIVE POLICY EXPIRATION D MMOD O T MM D W LIMITS A '_GENERAL LIABILITY 3/1/2011 311/2012 EACH OCCURRENCE s 1,000000 JI COMMERCIAL GENERAL LIABILITY I DA ( GER ED Enoccurtence S 50,000 , CLAIMS MADE �J OCCUR I� � I -PREMISES MED EXP (AN one Person) Excluded PERSONAL B ADV INJURY S 1,000 000 GENERAL AGGREGATE s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 2,000,000 I POLICY 1/ PRO- LOG SECT B AUTOMOBILE LIABILITY ANY AUTO 72 UEC KR8091 I 3/112011 I 3/1/2012 COMBINED SINGLE LIMIT (Eaecdenl) $ 1000,000 BODILY INJURY (Per POrsw) S ALL OWNED AUTOS I SCHEDULED AUTOS I BODILY INJURY (Per Occident) $ _ HIRED AUTOS j NON -OWNED AUTOS PROPERTY DAMAGE IlPer eoddent) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO S AUTO ONLY: AGG C EXCESS I UMBRELLA LIABILITY NKA227679 I 31112011 I 3/112012 EACH OCCURRENCE S 4,000,000 OCCUR CLAIMS MADE AGGREGATE 5 4,000,000 5 $ DEDUCTIBLE S RETENTION $10,000 WORKERS COMPENSATION 0 STATU- 0TH. AND EMPLOYERS' LIABILITY YIN My PROPRIETOR/PARTNEREXECUTWE E.L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? O (Mandatory in NH) E.L. DISEASE -EA EMPLOYE $ E.L DISEASE - POLICY LIMIT I S If yes. describe under SPECIAL PROVISIONS below OTHER D Professional Liability 042456343 3/1!2011 3/1/2012 $2,000,000 Per Claim $4,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Newport Beach Civic Center & Park Facilities Feasibility. Analyses City of Newport Beach, its officers, agents, employees and volunteers 3300 Newport Bvd. Newport Beach CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL III)OW MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 01JmFXKt19aCWXWXa0X1kX0{X kXNPpaNKXIC7 6C0liCMA> �X9fMN1PWKXKB(7GAOBEAb70C7Ca:RK AUTHORIZED REPRESENTATIVE Jon Kimbrell ACORD 25(2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. CLRT NCI_: 30399283 CLIVIT MME: GRFFN Se., Halley 6/7/2011 9:30:13 AN Page I Of a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) CERT NO.: 10349291 CLIENT CODE: GRP" Stela Walley 6/7/2011 9:30:13 AN Page 2 of 4 Policy Number: GLP2100730 Griffin Structures, Inc. 3/1/2011 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS _ SCHEDULED a•, f S O O ORGANIZATION This endorsement modifes Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that the insured is required by written contract to name as an additional insured. City of Newport Beach, its officers, agents, employees and volunteers It is further agreed that such insurance as is afforded by this policy for the benefit of the above Additional Insured(s) shall be primary insurance as respects any claim, loss or liability arising out of the Named Insured(s) operations, and any other insurance maintained by the Additional insured(s) shall be excess and non - contributory with insurance provided hereunder (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) A. Section 11— Who Is An Insured is amended to include as an insured the person or organization I. All work, including materials, parts or shown in the Schedule, but only with respect to equipment fumished In connection with liability arising out of your ongoing operations such work, on the project (other than performed for that insured. service, maintenance or repairs) to be B. With respect to the insurance afforded to these performed by or on behalf of the additional additional insureds, the following exclusion is insured(s) at the site of the covered" added: operations has been completed; or 2. Exclusions This insurance does not apply to "bodily injury" 2. That :portion of "your work" out of which or "property damage" occurring after: the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 CE" NO.: 10259281 CLIEN? COD'_: GRPPN Steve Walley 6/7/2011 9:30:13 AM Page 3 of 4 GLP2100730 CG 24 04 (Ed. 05 091 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule Name of Person or Organization: Any person or organization for whom or on whose behalf 'you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to paragraph B. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products— completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc., 2008 ceGac241004Ss (Edn.Oa/0: PRO Steve Watley 6/7/2031 9:30: 331{aa�e, 41-bf 11 CERTIFICATE OF LIABILFY INSURANCE I 006 /0 /2011 YY) os/o7/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Doug Jones c/o AJG Risk Management Services, Inc. 8800 E. Chaparral Rd. Suite 230 Scottsdale, AZ 85250 INSURED GRIFFIN STRUCTURES INC 385 SECOND STREET LAGUNA BEACH, CA 92651 _(480)951 -4177 FAX (480) 951-4266 INSURER A: Zurich - American Insurance Company INSURER B_ _. COVERAGES CERTIFICATE NUMBER: MIIFLO75812822 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE A D IN SR SUER Me POLICY NUMBE0. I POLICY EFF MMIDDNYYY POLICY EXP MMIDONYYY LIMITS GENERALLIABIUTY EACH OCCURRENCE I3 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea ocpunence $ J CLAIMS -MADE ❑ OCCUR MED EXP (A yone person) $ PERSONAL B ADV INJURY _ $ GENERAL AGGREGATE $ _ GENT. AGGREGATE LIMIT APPLIES PER PRODUCTS- GOMP/OPAGG S I POLICY I PRO LOC I S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) S ANY AUTO ALL OWNED F7 SCHEDULED AUTOS I IAUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE Pei acadenl S NON -OWNED HIRED AUTOS R AUTOS S UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE $ EXCESS LIAB CLAIMS-AADE DEO 1 1 RETENTION$ I I $ WORKERS COMPENSATION I v( I WC STAID OTH- A AND EMPLOYERS LIABILITY Y� OFFICERIMEM ER EXCLUDED? ANY (Mantla[ory In NH) NIA NIA WC 47 -83- 499 -01 06/01/2011 06/0112012 EL EACH ACCIDENT is 1,000,000 EL DISEASE- EA EMPLOYE S 1,000,000 It yes. describe antler DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT I S 1:000.000 Location Coverage Period: 06101/'2011 I 0610112012 Client#: 7918 -MPP DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) GRIFFIN STRUCTURES INC 385 SECOND STREET LAGUNA BEACH, CA 92651 Endorsements: Waiver of Subrogation CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE All riahre mo—d ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 (This agreement applies only to the extent that you per- form work under a written contract that requires you to obtain this agreement from us.) 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 otherwise due on such remuneration. Person or Organization IN FAVOR OF: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH. CA 92658 so of the California workers' compensation premium SCHEDULE Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise slated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 0 610 112 01 1 Policy No: WC 47- 83-499 -01 Insured: GRIFFIN STRUCTURES INC 385 SECOND STREET Insurance Company: Zurich - American Insurance Company WC 04 03 06 Copyright 1983 National Council on Compensation Insurance Endorsement No: Countersigned by �w- GLP2100730 CG 20 37 (Ed. 07 041 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Additional Insured Person(s) or Organization(s): City of Newport Beach, its officers, agents, employees and volunteers Additional Premium: Included Schedule Location and Description of Completed Operations: Information required to complete this Schedule. if not shown above. will be shown in the Declarations SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage' caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products- completed operations hazard." Copyright. ISO Properties. Inc.. 2004 ° GG'M: a (Ed! °07;604) `P{RGPI :: ":cr P- Pa 5 e. 5 (Page 1 of 1) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Dale Received: 6 /10 /2011 Dept./Contact Received From: Shauna O� ler Date Completed: 6/16/2011 Sent to: Joel By; Joel Company /Person required to have certificate: Griffin SuucEmes, Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Great American Assurance Co. B. AM BEST RATING (A-: VII or greater): A: XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? r� Yes t X No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $1.000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes FX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ` Yes F_X 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 L 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. Will Mail If. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hartford Casualty B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes FX No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $ 1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes No F. 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. Will mail Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: 7.urich Ameriean Insurance Company B. AM BEST RATING (A -: VII or greater): ;bi: YV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes FX No 0 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: Yes a No aX Necd Products and Completed Operations endorsement for General Liability. Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ------------------------------------------------------------------------------------------------------------------------------------------- = Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date * Subject to the terms of the contract. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 6/24/2011 Dept./Contact Received From: Shauna Ovler Date Completed: 6/16/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Griffin Structures. Inc. 1. GENERAL. LIABILITY A. INSURANCE COMPANY: Great American Assurance Co. B. AM BEST RATING (A-: VII or greater): A: XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes FX No O D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000.000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes OX No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes FX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes F7X 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 FX 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. Will Mail 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Hanford Casualty B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1.000.000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included N/A Yes i No F. 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. Will mail III. WORKERS COMPENSATION A. INSURANCE COMPANY: Zurich American Insurance Company B. AM BEST RATING (A VII or greater): .A! YV C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes IZI No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: June 27. 2011 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach = Requires approval/exception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Dale Yes O No F-1 B &B initials