Loading...
HomeMy WebLinkAboutC-4527(L) - PSA for Newport Beach Civic Center and Park Waterproofing Consulting Services (Newport Beach Civic Center)AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ALLANA BUICK & BERS FOR WATERPROOFING CONSULTING SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. ONE "), is entered into as of this 2�" day of WLAV' . 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ALLANA BUICK & BERS a California Corporation whose address is 990 Commercial Street, Palo Alto, California 94303 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 5, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for waterproofing consulting services for the Newport Beach Civic Center and Park Project ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated January 28, 2012 which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 Three Hundred Sixty -One Thousand, Nine Hundred Twelve Dollars and no /100 ($361,912.00) 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. 2.1 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 Two Hundred Forty -Three Thousand, Fifty -Two Dollars and no /100 ($243,052.00), without prior written authorization from City. 3. 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: CITY ATT RNEY'S OFFICE Date: 2111e112 Aaron C. Harp / f City Attorney J \7�' ATTEST: 3 I� Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A Californi municipal corporation Date: 7731/L By Na Mayor CONSULTANT: ALLANA BUICK & BERS, a California Corporation Date: 3- 27 -12— By: Gerson Bers Chief Operating Officer Date: By Lisa lanton Chief Financial Officer Attachment: Exhibit A — Additional Services to be Performed ALLANA BUICK & BERS Page 2 January 28, 2012 Mr. Stephen G. Badum, PE Public Works Director City of Newport Beach 3300 Newport Boulevard P.O Box 1738 Newport Beach California. 92658 Re: Phase II Services Proposal Building Enclosure Construction Monitoring Services New Newport Beach Civic Center and Library Expansion Newport Beach, California PN: 112681.01 Dear Mr. Badum, As you are aware, Allana Buick and Bers (ABB)'s Phase I professional services agreement with the City provided for construction monitoring services of below grade waterproofing assemblies. The original Phase I contract budget was estimated at $118,860 and subsequently invoiced on a time and expense basis. Change in Project Approach to Monitoring Our Phase I fee estimate was prepared in coordination with CW Driver prior to the start of construction activities. At the time we originally estimated our Phase I fee, it was believed that the waterproofing could be adequately monitored using periodic part-time construction monitoring. Subsequently, the project foundation excavation and concrete placement schedule required ABB to provide full -time construction observation throughout the entire foundation construction period. Due to the large site size and necessity of continual excavation, waterproofing placement and placement of steel and concrete, ABB was present at the site significantly more than originally anticipated in order to keep the foundation construction moving forward without delays for waterproofing observation. As a result of this effort, we have exhausted our initial Phase I contract amount and now request the City authorize additional monies to complete the remaining required observations. Estimated Additional Phase II Required Construction Monitoring Services $ 243,052 Current Additional Below Grade Waterproofing Full Time Construction Monitoring: Allana Buick & Hers, Inc. $ 72,520 990 Commercial siren: p> � PnI0 AUU, CA 94303 Overtime Construction Monitoring: 1B50.". 3.Br40 \\ a� t 650.543.5625 J lubouAU,n _ Reimbursable Expenses: , Buildng. snlulirana: I 132 [n §inee;ing tut life, ` January 28, 2012 Mr. Stephen G. Badum, PE Public Works Director City of Newport Beach 3300 Newport Boulevard P.O Box 1738 Newport Beach California. 92658 Re: Phase II Services Proposal Building Enclosure Construction Monitoring Services New Newport Beach Civic Center and Library Expansion Newport Beach, California PN: 112681.01 Dear Mr. Badum, As you are aware, Allana Buick and Bers (ABB)'s Phase I professional services agreement with the City provided for construction monitoring services of below grade waterproofing assemblies. The original Phase I contract budget was estimated at $118,860 and subsequently invoiced on a time and expense basis. Change in Project Approach to Monitoring Our Phase I fee estimate was prepared in coordination with CW Driver prior to the start of construction activities. At the time we originally estimated our Phase I fee, it was believed that the waterproofing could be adequately monitored using periodic part-time construction monitoring. Subsequently, the project foundation excavation and concrete placement schedule required ABB to provide full -time construction observation throughout the entire foundation construction period. Due to the large site size and necessity of continual excavation, waterproofing placement and placement of steel and concrete, ABB was present at the site significantly more than originally anticipated in order to keep the foundation construction moving forward without delays for waterproofing observation. As a result of this effort, we have exhausted our initial Phase I contract amount and now request the City authorize additional monies to complete the remaining required observations. Estimated Additional Phase II Required Construction Monitoring Services $ 243,052 Current Additional Below Grade Waterproofing Full Time Construction Monitoring: 74 Days' $980= $ 72,520 Part Time Construction Monitoring: 4 Days , $560= $ 2,240 Overtime Construction Monitoring: 18 Hours $173= $ 3,114 Direct Project Management: 7.5 Hours' $160= $ 1,200 Reimbursable Expenses: 132 Total: $ 79,206 ABB's services were necessary to complete monitoring of below grade waterproofing and all reports for our services for this period have been provided to the City, CW Driver and Grace. We have reviewed CW Driver's current construction schedule. The schedule projects all buildings are watertight August 8, 2012. Based on the projected remaining construction activities we estimate that the following services will be required: Remaining Below Grade Waterproofing $ 35,010 Remaining below grade waterproofing will be monitored consistent with ongoing installation observation procedures. Full Time Days Part Time Days Project Management Hours Reimbursable Expenses 30 Days * $980= $ 29,400 5 Days * $560= $ 2,800 16 Hours * $160= $ 2560 250 Subtotal: $ 35,010 Phase II Single Ply Roofing Monitoring $ 65.600 Single ply roofing will be installed in many parallel phases throughout the site. For this reason, we anticipate providing full time monitoring for the first two weeks of construction at each building then move to 2 -full day visits per week for the remaining construction period. We also anticipate one site visit to create a project punch list and one to provide clearance for same. Library Expansion Roofing (5 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *3wks) 6 Days * $980= $ 5,880 Punch List 1 Day * $980= $ 980 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 10 Hours* $160= $ 1,600 Reimbursable Expenses 500 Subtotal: $ 19,740 Civic Center Roofing (9 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *7wks) 14 Days * $980= $ 13,720 Punch List 2Days * $980= $ 1,960 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 18 Hours * $160= $ 2,880 Reimbursable Expenses 900 Subtotal: $ 30,240 Council Chamber Roofing (3 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *3wks) 2 Days * $980= $ 1,960 Punch List 1 Day * $980= $ 980 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 10 Hours * $160= $ 1,600 Reimbursable Expenses 300 Subtotal: $ 15,620 Mr. Stephen Badum, PE January 28, 2012 Page 2 of 3 rP Phase II Wall and Window Systems $ 63,236 Wall and window systems will be observed on primarily a part time basis. We anticipate providing full time construction observation for the first week of construction at each site /system. The remaining observations will be provided on a part time basis three times per week of construction. Library Expansion Walls/Windows (3 Systems — Curtain Wall — Stucco — Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 21 Days * $980= $ 20,580 7 Days * $560= $ 3,920 3 Hours * $173= $ 519 5 Hours * $160= $ 800 61 Subtotal: $ 25,880 Civic Center Walls /Windows (2 Systems — Curtain Wall— Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 14 Days * $980= $ 13,720 10 Days *$560= $ 5,600 3 Hours * $173= $ 519 4 Hours * $160= $ 640 52 Subtotal: $ 20,531 Council Chamber Walls/ Windows (2 Systems — Curtain Wall— Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 14 Days * $980= $ 13,720 4 Days * $560= $ 2,240 2 Hours * $173= $ 346 3 Hours * $160= $ 480 39 Subtotal: $ 16,825 Thank you for this opportunity to be of service to the City of Newport Beach and CW Driver. Please call us if you have any questions regarding this letter or other aspect of our services. Very truly yours, Allana Buick and Bers, Inc. �j5a5ay - Gerson S. Bers, LEED -AP, Principal cc: William Han, Program Manager, CW Driver, Inc. Mr. Stephen Sadum, PE January 28, 2012 Page 3 of 3 NEWPORT CITY OF NEWPORT BEACH ew City Council Staff Report FED .L -b Agenda Item No. 11 February 28, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311, sbadum(cDnewportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED: A TITLE: Newport Beach Civic Center and Park Project — Approval of Amendment No. 1 to Professional Services Agreement with Allana Buick & Bers for Building Enclosure Waterproofing Construction Monitoring Services ABSTRACT: Waterproofing monitoring services are required to ensure the various Civic Center building structures will be free from ground and storm water infiltrations. Staff has identified extra work that is required to supplement the original scope of work specified in the professional services agreement with Allana Buick & Bers. The approval of a professional services agreement amendment is needed to continue the necessary waterproofing monitoring services to ensure the new buildings will be "water tight" once put into service. RECOMMENDATION: 1. Approve Professional Services Agreement Amendment No. 1 with Allana Buick and Bers of El Segundo California for Civic Center and Park Project Building Enclosure Construction Monitoring Services at a not -to- exceed price of $243,052.00 and authorize the Mayor and the City Clerk to execute the Amendment. FUNDING REQUIREMENTS: Sufficient funds are available in the current CIP project budget (7410- C1002009) for the additional services. Savings in Bohlin Cywinski Jackson's design fee ($42,378.75) can be redirected for this purpose. Newport Beach Civic Center and Park Project — Approval of Amendment No. 1 to Professional Services Agreement with Allana Buick & Bers for Building Enclosure Waterproofing Construction Monitoring Services February 28, 2012 Page 2 The proposed use of the funding balance is as follows: Vendor Allana Buick & Bers DISCUSSION: Purpose Amount Building Enclosure Waterproofing Construction Monitoring Services $ 243,052.00 The City in October 2011 entered into a professional services agreement (PSA) with Allana Buick & Bers (ABB) for an $118,860 contract amount to begin the initial waterproofing monitoring work for the Civic Center buildings and the Library expansion. When construction began, a number of substantial extra waterproofing work items were encountered: ® The waterproofing material manufacturer imposed waterproofing monitoring of all the building structures' excavated trenches as a condition of receiving the 10- year warranty 6 The high number of below grade utility penetrations within the office building footprint that were not shown on the Plans o Repairing of existing and installing new waterproofing on the library expansion foundation walls well below the existing library basement. These unforeseen conditions have increased the amount of waterproofing necessary and the required corresponding monitoring work. In order for the needed waterproofing monitoring services to continue, ABB submitted the attached "Additional Services Proposal" detailing the remaining work and its cost. Staff has reviewed these proposed additional services with CW Driver, the project program manager, and found them to be consistent with the actual field conditions and the revisions made to -date to the original architectural plans and specifications since construction began. When approved, a summary of ABB's PSA is as follows: A reement Scope Amount Original Initial Estimated Scope of Work $118,860.00 Amendment 1 Unexpected Field Conditions and Plans Changes $243,052.00 Total $361,912.00 Z NEWPORT BEACH CIVIC CENTER AND PARK PROJECT — APPROVAL OF PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 WITH ALLANA BUICK & BERS FOR BUILDING ENCLOSURE WATERPROOFING CONSTRUCTION MONITORING SERVICES February 28, 2012 Page 3 a,►yil:z.1]el IT, aarr_1a:»Tna!rE Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (Architectural and Engineering services is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachment: Amendment No. 1 to Professional Services Agreement ABB Additional Services Request Letter Dated January 28, 2012 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ALLANA BUICK & BERS FOR WATERPROOFING CONSULTING SERVICES THIS AMENDMENT NO. 'ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. ONE "), is entered into as of this day of 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ALLANA BUICK & BERS a California Corporation whose address is 990 Commercial Street, Palo Alto, California 94303 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 5, 2011, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for waterproofing consulting services for the Newport Beach Civic Center and Park Project ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, shall be supplemented to include the Scope of Services dated January 28, 2012 which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 Three Hundred Sixty -One Thousand, Nine Hundred Twelve Dollars and no /100 ($361,912.00) 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. M 2.1 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 Two Hundred Forty -Three Thousand, Fifty -Two Dollars and no /100 ($243,052.00), without prior written authorization from City. 3. 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: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney ATTEST: Date: Bv: Leilani I. Brown City Clerk Attachment: CITY OF NEWPORT BEACH, A California municipal corporation Date: By: j Nancy Gardner Mayor �\ CONSULTANT: ALLANA BUICK & BERS, a California Corporation Date: By: Gerson Bers Chief Operating Officer Date: By: Lisa Blanton Chief Financial Officer Exhibit A — Additional Services to be Performed Page 2 A Allana Buick & Bers, loo. 990 Commercial Street Palo Alto, CA 94303 t650.543;5600 f 650.50.1.6625 ..abbae.mm January 28, 2012 Mr. Stephen G. Badum, PE Public Works Director City of Newport Beach 3300 Newport Boulevard P.O Box 1738 Newport Beach California. 92658 Re: Phase II Services Proposal Building Enclosure Construction Monitoring Services New Newport Beach Civic Center and Library Expansion Newport Beach, California 7��ii`Id:7tlOi Dear Mr. Badum, As you are aware, Allana Buick and Bers (ABB)'s Phase I professional services agreement with the City provided for construction monitoring services of below grade waterproofing assemblies. The original Phase I contract budget was estimated at $118,860 and subsequently invoiced on a time and expense basis. Change in Project Approach to Monitoring Our Phase I fee estimate was prepared in coordination with CW Driver prior to the start of construction activities. At the time we originally estimated our Phase I fee, it was believed that the waterproofing could be adequately monitored using periodic part-time construction monitoring. Subsequently, the project foundation excavation and concrete placement schedule required ABB to provide full -time construction observation throughout the entire foundation construction period. Due to the large site size and necessity of continual excavation, waterproofing placement and placement of steel and concrete, ABB was present at the site significantly more than originally anticipated in order to keep the foundation construction moving forward without delays for waterproofing observation. As a result of this effort, we have exhausted our initial Phase I contract amount and now request the City authorize additional monies to complete the remaining required observations. Estimated Additional Phase II Required Construction Monitoring Services $ 243,052 Current Additional Below Grade Waterproofing Full Time Construction Monitoring: 74 Days * $980= $ 72,520 Part Time Construction Monitoring: 4 Days * $560= $ 2,240 Overtime Construction Monitoring: 18 Hours * $173= $ 3,114 Direct Project Management: 7.5 Hours * $160= $ 1,200 Reimbursable Expenses: 132 Total: $ 79,206 ABB's services were necessary to complete monitoring of below grade waterproofing and all reports for our services for this period have been provided to the City, CW Driver and Grace. -1 We have reviewed CW Driver's current construction schedule. The schedule projects all buildings are watertight August 8, 2012. Based on the projected remaining construction activities we estimate that the following services will be required: Remaining Below Grade Waterproofing $ 35,010 Remaining below grade waterproofing will be monitored consistent with ongoing installation observation procedures. Full Time Days Part Time Days Project Management Hours Reimbursable Expenses 30 Days * $980= $ 29,400 5 Days * $560= $ 2,800 16 Hours * $160= $ 2560 250 Subtotal: $ 35,010 Phase II Single Ply Roofing Monitoring $ 65.600 Single ply roofing will be installed in many parallel phases throughout the site. For this reason, we anticipate providing full time monitoring for the first two weeks of construction at each building then move to 2 -full day visits per week for the remaining construction period. We also anticipate one site visit to create a project punch list and one to provide clearance for same. Library Expansion Roofing (5 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *3wks) 6 Days * $980= $ 5,880 Punch List 1 Day * $980= $ 980 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 10 Hours * $160= $ 1,600 Reimbursable Expenses 300 500 Subtotal: $ 19,740 Civic Center Roofing (9 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *7wks) 14 Days * $980= $ 13,720 Punch List 2Days * $980= $ 1,960 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 18 Hours * $160= $ 2,880 Reimbursable Expenses Project Management Hours 900 Subtotal: $ 30,240 Council Chamber Roofing (3 Weeks) Initial Full -Time Days 10 Days * $980= $ 9,800 Full -Time Days (2d *3wks) 2 Days * $980= $ 1,960 Punch List 1 Day * $980= $ 980 Punch List Clearance 1 Day * $980= $ 980 Project Management Hours 10 Hours * $160= $ 1,600 Reimbursable Expenses 300 Subtotal: $ 15,620 Mr. Stephen Badum, PE January 28, 2012 Page 2 of 3 Phase II Wall and Window Systems $ 63.236 Wall and window systems will be observed on primarily a part time basis. We anticipate providing full time construction observation for the first week of construction at each site /system. The remaining observations will be provided on a part time basis three times per week of construction. Library Expansion Walls/Windows (3 Systems — Curtain Wall — Stucco — Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 21 Days * $980= $ 20,580 7 Days * $560= $ 3,920 3'Hours * $173= $ 519 5 Hours * $160= $ 800 $ 61 Subtotal: $ 25,880 Civic Center Walls/Windows (2 Systems — Curtain Wall— Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 14 Days.* $980= $ 13,720 10 Days * $560= $ 5,600 3 Hours * $173= $ 519 4 Hours * $160= $ 640 52 Subtotal: $ 20,531 Council Chamber Walls/ Windows (2 Systems — Curtain Wall— Zinc Panel) Full Time Days Part Time Days Overtime Project Management Hours Reimbursable Expenses 14 Days * $980= $ 13,720 4 Days * $560 = $ 2,240 2 Hours * $173= $ 346 3 Hours * $160= $ 480 39 Subtotal: $ 16,825 Thank you for this opportunity to be of service to the City of Newport Beach and CW Driver. Please call us if you have any questions regarding this letter or other aspect of our services. Very truly yours, Allana Buick and Bers, Inc. Gerson S. Bers, LEED -AP, Principal cc: William Han, Program Manager, CW Driver, Inc. Mr. Stephen Badum, PE January 28, 2012 Page 3 of 3 N PROFESSIONAL SERVICES AGREEMENT WITH ALLANA BUICK & BERS, INC. FOR NEWPORT BEACH CIVIC CENTER & PARK WATERPROOFING CONSULTING SERVICES � THIS AGREEMENT FOR PROFE SIONAL SERVICES ( "Agreement ") is made t and entered into as of this _5_4il day of Z' , 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ALLANA BUICK & BERS, a California corporation ( "Consultant "), whose address is 898 N. Sepulveda Boulevard, Suite 725, El Segundo, California 90245 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 provide waterproofing consulting services for the Newport Beach Civic Center and Park 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 of ALLANA BUICK & BERS for purposes of Project, shall be Gerson Bers. 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 June 30, 2013 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 1 and incorporated 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 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 1 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 One Hundred Eighteen Thousand, Eight Hundred Sixty Dollars and no /100 ($118,860.00) 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 [Allana Buick & Bers, Inc.] Page 2 limited and include nothing more than the following costs incurred by Consultant: 4.2.1 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. 4.2.2 Approved reproduction charges. 4.2.3 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. 4.3 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 Gerson Bers 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. Fong Tse as Principal Civil Engineer, 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/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: [Allana Buick & Bers, Inc.] Page 3 7.1 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. 7.2 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. 7.3 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 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 [Allana Buick & Bers, Inc.] Page 4 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 for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. [Allana Buick & Bers, Inc.] Page 5 J 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.1 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 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. 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. 14.2 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.3 Coverage Requirements. 14.3.1 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. 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. [Allana Buick & Bers, Inc.] Page 6 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. 14.3.2 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. 14.3.3 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. 14.3.4 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. 14.4 Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 14.4.1 Waiver of Subroqation. 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. 14.4.2 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. 14.4.3 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 [Allana Buick & Bers, Inc.] Page 7 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. 14.4.4 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. 14.5 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. 14.6 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. 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 [Allana Buick & Bers, Inc.] Page 8 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. 20. 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. [Allana Buick & Bers, Inc.] Page 21. 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. 22. 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. 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. 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. [Allana Buick & Bers, Inc.] Page 10 26. 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: Fong Tse Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3321 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Gerson Bers Allana Buick & Bers 898 N. Sepulveda Boulevard, Suite 725 El Segundo, CA 90245 Phone: 310 - 416 -1290 Fax: 310- 416 -1292 27. 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.). 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar [ Allana Buick & Bers, Inc.] Page 11 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. (ir>mmulTI1WAN A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 31. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 34. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Allana Buick & Bers, Inc.] Page 12 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. [Allana Buick & Bers, Inc.] Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICEr0V Tj�E CITY ATTORNEY Date: g/%� Bye l Y L--- Leonie Mulvihill Assistant City Attorney ATTEST: /0-5111Date: By: 4- - Leilani I. Brown City Clerk /i POR cq L! Fob CITY OF NEWPORT BEACH, A California municipal corporation Date: uc' 1 .51 By: -� Dave City Manager CONSULTANT: ALLANA BUICK & BERS, INC., a California Corporation Date:. --2 By: Gerson Bers Chief Operating Officer Date: - Lisa Blanton Chief Financial Officer Attachment: Exhibit 1 — Scope of Services and Schedule of Billing Rates [Allana Buick & Bers, Inc.] Page 14 EXHIBIT 1 SCOPE OF SERVICES PROJECT DESCRIPTION: The project includes a city hall building, a 450 -space parking structure, and an expansion of the Newport Beach Central Library. It is located on two parcels inland of the Newport Beach Central Library and bordered by Avocado Avenue and MacArthur Boulevard. As of early Summer 2010, the project is scheduled to be completed by the end of 2012 and the current total cost estimate for all project components is $128 million. BUILDING ENVELOPE COMPONENTS: Based on the above information we recommend Building Envelope Consulting services for the following building envelope components: • Roofing Systems • Low Slope (Flat) Roof System • Metal Panel Roofing • Roof Deck • Exterior Wall Systems • Stucco - Cement Plaster • Stone Cladding • Metal Panels • Louver • Storefront • Door and Windows • Foundation Systems • Below -Grade Foundation System • Slab Foundation Waterproofing You have asked ABB to provide a proposal for building envelope consulting services including peer review of 3i° party plans, details, and specifications along with Quality Control Monitoring Services ABB Scope of Services Based on our understanding of the project we propose the following services: 1. Contract Document Peer Review Services The following peer review services.will be provided: a) Perform peer review of the building envelope system details and specifications. Client will provide ABB with two (2) printed sets of drawings two (2) weeks prior to the schedule design review meeting. At this meeting we will work with your project staff to, 1. Review the plans and details for general conformance with material manufacturers' requirements and industry standards. 2. Assist Client by identifying where additional construction details may be required to adequately depict the design intent. 3. Briefly review the building systems construction specifications for conformance with manufacture requirements and industry standards. b) We will provide the following deliverables: 1. Perform one (1) peer review and comments. 2. Written commentary on the overall review on a system by system basis. 3. We will provide a detail by detail review in a spreadsheet format. 2. Construction Administration (CA) Phase Services During construction as requested by CW Driver, ABB will provide the following Construction Administration services for this project: a) Attend one (1) pre - installation conference as scheduled by the General Contractor. Al the conclusion of the conference ABB will provide a written report documenting agreement and identifying pending issues for resolution prior to the start of work. b) ABB will assist the Client by reviewing building envelope submittals as requested for conformance with the contract documents. c) Attend mock -up assembly to make sure design intent Is achieved and witness testing as required. Provide written memorandum of findings or recommendations. d) ABB will assist the Client in providing answers to contractor RFIs relating to the building envelope. If necessary, we will provide Client with our suggested field directives or recommended supplemental instructions to clarify the intent of the building envelope design. e) Work with the Client to resolve building envelope related field conditions and RFIs. f) ABB will visit to the Project site as directed by the contractor in order to confirm Contractor performance and review Installation, mockups, water tests for compliance with the intended design,. Observations noted during these jobsite visits will be provided to the Client for review. g) Assist Client with project closeout documents and requirements, including commenting on building envelope contractor and manufacture warranties. Fee Proposal — Time & Material Unit Pricing Services will be provided on a unit price basis as listed below plus reimbursable expenses. All CA work will be provided on as- needed basis as requested by CW Driver. Our Construction Administration Phase services will be invoiced once a month on a time and expense basis in accordance with our attached General Terms and Conditions. .,_C' r .- - vDesct(pftprloferv)F0 Rate 91EIIng t!(j3t Unil Pr_1cI i� -_ _ Peer Review $ 17,680 Per Initial Review Pre - construction /Design meeting $ 1,280 Per Meeting _ Review Submittal, RFIs and Shop Drawings $ 160 Per Hour Pre- installation meeting $ 1,440 Per Meeting Quality Control Inspection Vz Da $ 560 Per,/, day (4 Hours) Quality Control Inspection Full Da $ 980 Per lull day (8 Hours) _ _ Final Inspection and Punch List $ 7,720 Per (2) day inspection Misc Services $ 160 Pet Hour wo�r s rlb°{t 1Hott ftatd ;,�{La�. Estimated Totals 6ssed on CWO Assum dons Unit Quantity Hate Est. Totel Provide a Peer Reviewof the building enclosure Each 1 $ 17,680 $ 17,680 Plan Reviews &Meetings Each 10 $ 1,280 $ 12,800 Mock-Up Field Review (Half Day) Each 3 $ 640 1,920 Submittal & Shop Drawing Review Hours 40 $ 160 $ 6,400 Quality Control Inspection (Half Day) Days 40 $ 560 $ 22,400 Quality Control inspection (Full Da Days 35 $ 980 $ 34,300 RFI Assistance Hours 20 $ 160 $ 31200 Pre - installation Meetings Each _8 2 ✓ $__ $ 1,440 2,720 $ 11,520 Final Inspection and Punchlist Each $ 5,440 Misc. Assistance Hours 20 $ 160 $ 3,200 Total: $ 118,860 Exclusions and Clarifications a) Bohlin Cywinski Jackson is the Architect of Record for the overall building design. ABB is only providing building envelope consultation to the Client. b) Reimbursable expenses for the Peer review are based on CW Driver providing two (2) sets of full size plan sets for review. If ABB is required to print drawings, an additional expense will be incurred. c) Our proposal does not provide for water testing windows, observing laboratory testing of project mock -ups. Testing services can be combined with monitoring services and can be provided at an hourly rate of $180. d) Our scope of services and fee estimates exclude structural, civil, dewatering, earth retaining, geotechnical, soils, and hazardous material services, e) ABB recommends a minimum of 8 hours per week by a Construction Administrator and 2 hours per week by a Principal (assuming the Contractor responds promptly to notices of non- compliant Installation) during the duration of the building envelope construction period. Q We strongly recommend that the Owner retain ABB to provide specialized building envelope construction observationsimonitoring services. This service consists of specialized quality assurance on behalf of the owner to observe critical building envelope components during construction. This exceeds the Construction Administration services defined in client's Exhibit "C." As you are aware, building envelope, waterproofing and roofing system construction is extraordinarily complex. Unanticipated conditions, which require the attention of the designers frequently, occur. Weekly site visits by ABB's construction administrator are limited to observing that the construction is being performed in accordance with design intent and to answer RFIs, i Construction Administration services do not include monitoring the project for quality assurance, which often requires 20 to 40 hours per week of ubservations during construction. g) ABB will provide project staff as necessary to deliver our contracted scope of services. It is likely that our assigned staff will vary from those predicted in our estimated fee tables. Our estimated fee table is not a contract to provide exactly each staff member type and assigned hours, but a general best guess at our staffing required to complete our scope of services based on our necessarily minimal early understanding of the project. h) The Client shall indemnify, defend and hold ABB and ABB's officers and employees harmless from and against damages, losses and judgments arising from claims, including reasonable attorney's fees and expenses recoverable under applicable law, related to the design andfor specifications of this project. i) This proposal does not include revisions to details as a result of value engineering. All additional meetings, detailing changes and specification changes resulting from value engineer efforts will be invoiced on a time and expense basis in accordance with our attached General Terms and Conditions. j) It is assumed that potential Issues with ; - govemmental agencies, and 3" party reviewers will be addressed during the Design Development Phase or early during the construction document phases. if The City, Contractor or V party reviewer requires extensive re- working of the building drawings, there will be an additional fee for this additional work. k) The recommendations provided by ABB's peer review do not take the place of fully- detailed construction documents, and assume "best practices installation of the products and systems referenced, including accessory items and components necessary to make the construction complete. ABB is not the Architect of Record, so we recommended that Architect review our comments with Owner prior to incorporation into the construction documents. We cannot be held responsible for cost changes due to our recommendations. Consulting Services We have proposed to provide services that will assist you in confirming that the new building envelope, roofing and waterproofing assemblies, systems, and components that the Owner is purchasing are being designed and installed property. However, such construction is an extremely specialized building expertise; our proposed scope of services and fees are therefore based on the Contractor installing the assemblies and components in strict conformance with the specifications and design details. Despite our diligent efforts on your behalf, there is still a chance that a failure may occur. This typically results from improper installation, negligence by construction trades when working around the new systems or improper protection after installation. Therefore, it is expressly understood that ft is the sole responsibility of the Owner's selected construction contractor to install and protect fully functioning assemblies, systems, and components. `�' ♦� ALLANABUICK &B£R9 ABBCalifornia y�f Standard Schedule of Fees l�i� (UIJatce&cWff.q 7011) VVV when Fees for service; are based uu tike actual hams v ,ked cut the project by position, the billing rates will ho in aecordanc¢ with the lolluwing schedule: j Position Rate Position Rate i Principal 1 $ 250.00 Building Inspector I $ 120.00 Principal II $ 275.00 Building Inspector It $ 130.00 Principal III $ 300.00 Building Inspector III $ 145.00 Principal IV $ 350.00 Building Inspector IV $ 160.00 Associate 1 $ 185.00 Building Technologist 1 $ 100.00 Associate II $ 200.00 Building Technologist II $ 110.00 Associate 111 $ 215.00 Building Technologist III $ 120.00 Associate IV $ 225.00 Building Technologist IV $ 130.00 Consultant 1 $ 135.00 Forensic Building Technologist $ 135.00 Consultant II $ 145.00 Field Monitor 1 $ 95.00 Consultant III $ 160.00 Field Monitor II $ 105.00 Consultant IV $ 180.00 Field Monitor III $ 115.00 Forensic Consultant $ 200.00 Field Monitor IV $ 125.00 Senior Forensic Consultant $ 225.00 Feld Monitor (Part -Time) $ 125.00 Engineer 1 $ 135.00 CAD Technician 1 $ 95.00 Engineer II $ 145.00 CAD Technician 11 $ 110.00 Engineer III $ 160.00 CAD Technician III $ 125.00 Engineer IV $ 180.00 Admin Services $ 85.00 Forensic Engineer $ 200.00 Forensic Document Specialist $ 125.00 Architect 1 $ 135.00 IT Consultant $ 135.00 Architect II $ 145.00 Architect III $ 160.00 Architect IV $ 180.00 Forensic Architect $ 200.00 swee20n . „f �y ALLANA E31LIOK &SERB ^;��� fluild'w wlw�pnt Engl,udin9lw ere. ABB California Standard Reimbursable Schedule (BpdnW Poblwq 2011) 1. All invoices for subcontractors and subconsullants 9. retained by ABB shall be reimbursed based on sub-consultants or subcontractors invoice plus a 15% service charge. Alternately, CLIENT may enter into an agreement with the subcontractor or subconsulianl directly. 2. All outside vendors, rental costs, travel costs and expenses utilized for the project such as, airline travel, car rental, man lift rental, staging costs, reproduction, etc shall be invoiced to CLIENT, plus a 15% service charge. 3. Automobile expenses for personal or company vehicles will be charged at the Internal Revenue Service reimbursement rate in effect at the time the expense was incurred. Travel time is calculated from portal to portal, or round trip to the local ABB office. 4. Reproduction costs for in -house plolnng are $1.50 per square foot; color photocopying is $0.85 per 8 %' x 11” page. Cost of black and white photocopying is $0.10 per 8'/2" x 11" page. Black and white printing on special paper is $0.20 per page. Cost of color printing and photocopying is $0.85 per 8 W x 11" page. 5. Delivery or shipping charges for samples, field testing equipment, etc. Laboratory equipment and instrumentation directly identifiable to the project. Purchase of specialized equipment and rental of equipment from outside vendors. 6. Photographs for project records and reproductions of drawings and reports. Photographs are charged at a flat rate of $351roll of film including processing and handling. Digital photos are charged at a net rate of $0.25 per image. Digital photos copied on to a CD or DVD are charged at a Flat rate of $35 per disk. Digital photo reproduction for reports will be invoiced at $1.50 /sheet. 7. Airfare, rental vehicles, other transportation, and Wag expenses incurred for out -of -town projects. Principals will travel on business class or better for flights longer than 2 hours in order to make efficient use of travel time. 8. For out-of -lown travel, per diems will be charged according to published U.S. government rates. ®ABB 2011 Equipment and Other Reimbursable Expenses: 9.1. Buroscope usage will be invoiced al $200rday. 9.2. Nuclear Moisture Gauge tame will be invoiced at $600 /day. 9.3. Fastener Pull Test Gauge usage will be invoiced al $200/day. 9.4. Ultrasonic Thickness Gauge usage will be Invoiced at $2001day. 9.5. Infrared imaging will be invoiced at $260/day. 9.6. X -Ray imaging void be invoiced at $5001day for equipment rental, plus $100 per image. 9.7. Single Ply Membrane Seam Testing will be Invoiced at $2591day, plus $25 per lest. 9.8. Rebar size and cover meter usage will be invoiced at$200/day. 9.9. Half cell, potential for corrosion meter will be Invoiced at $250 per day. 9.10. impact echo testing equipment will he invoiced at $500 per day. 9.11. Spray red(*) for water testing will be invoiced at $300/day. 9.12. Sample storage fee is $50 per month after the first 60 days of in -house storage. 9.13. Publications or other reference material needed to complete projects including AIA, AAMA, ASTM, NRCA, ASCE, ASHRAE, and similar standards. 9.14. Preparation and printing of AIA contract documents using metered AIA contract document software. 9.15. Reproduction costs for all oulsouroed printing, plotting photocopying, binding and other reproduction services. 9.16. Specialized sounding equipment for detection of deiaminaling or spalling concrete will be invoiced at $501day. 9.17. Blower fans and room pressurization equipment will be invoiced at $250/day. 9.18. Electronic Feld Vector Mapping Equipment will be invoiced at $2501day. 9.19. Temperature and Humidity Data Loggers will each be invoiced at $25 1day. 9.20. Calcium Chloride Testing will be Invoiced at $sonest. Client#: 311654 ALLABUIC ACORD,. CERTIFICATE OF LIABILITY INSURANCE OATDIYYYYI 7!119120912011 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 endomement(s). PRODUCER Hub International HUB Int'I Insurance Serv. Inc. P.O. Box 4047 CONTACT -NAME, FAX F WC, g25- 609 -6500 No, EX1. Arc No: 925 - 609 -6550 _ ADDRESS: A GENERAL LIABILITY Concord, CA 94524 -4047 INSURER(S)AFFORDINGCOVERAGE NAIL INSURER A: Massachusetts Bay Insurance Co 22306 INSURED INSURERS: Hanover Insurance Company 22292 Allana Buick 8: Bets, Inc. 990 Commercial Street INSURER c : Houston Casualty Company 999999 Palo Alto, CA 94303 INSURER D CLAIMS -MADE 51 OCCUR INSURER E INSURER F: MED EXP(An, one person) $10,000 COVERAGES CERTIFICATE NUMBER: GUP REVISION NUMBER: 2 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 CONTRACTOR 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 TYPEOFINSURANCE ADDLSUER INSR Me POUCYNUMBER POLICY EFF MM1ODfYYYY POLICY EXP MMODIYYYY1 LIMITS $1000000 A GENERAL LIABILITY ZDF919072600 7/01/2011 071011201 EAAqCCMH�q OCCURRENCE �REMIi;ES EaEo¢�urrenw 5500000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 51 OCCUR MED EXP(An, one person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE 82,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG 52000000 POLICY X PR O• E T LOC S AUTOMOBILE LIABILITY BINED SINGLE LIMIT ccifeol LY INJURY (Par person) $ ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS LY INJURY (Peraa�tleM) $ ERTY DAMAGE ccident [AGGRE"TE S NONOSWNED HIREDAUros AUTOS 8 B X UMBRELLA LIAB X OCCUR UHF912808200 7/0112011 07101!201 OCCURRENCE $5 000 000 $5,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- ITORY LIMITS ER AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWE XECUTIVE YIN OFFICER/MEMBER EXCLUDED' ❑ NIA E L EACH ACCIDENT 8 E.L. DISEASE - EA EMPLOYEE $ (ManUatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below HCCID20135 0!0112010 104112011 EL DISEASE POLICYLIMIT S Per Claim $2,000,000 C _ Professional Liability Aggregate $2,000,000 Claims Made DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mare space is required) Re: (ABB Job #112681.01), Newport Beach Civic Center and Park Waterproofing Consulting Services. City of Newport Beach, its officers, officials, employees and volunteers, as additional insured per attached 421 - 077810909 page 1 -2 of 6, Primary and Non - Contributory Wording applies per attached 421-045210607 and Waiver of Subrogation applies per attached CG2404/1093, all as required by written contract. This certificate supersedes all others dated previously. City of Newport Beach Attn: Fong Tse Public Works Department 3300 Newport Blvd., P.O. Box 1768 Newport Beach, CA 92658 ACORD 25 (2010/05) 1 Of 1 #S1248194/M1239635 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 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KM47 Policy # ZDF919072600 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1, Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form vendors 3. Aggregate Limit per Location 4. Alienated Premises S. Bodily injury Redefined " 6. Broad Form Properly Damage_- Borrowed Equipment,= ,Customers Goods & Use of Elevators 7. Extended Property Damage 8. Incidental Malpractice (Employed nurses, EMT's & paramedics) . . 9. Knowledge of Occurrence 10. Liberalization Clause 11. Medical Payments - increased Limit ' 12..Mobiie Equipment Redefined 13..Newty Acquired or Formed Organizations _ :Coverer until end or.polisy.period 14. Non -owned Watercraft - 15. Personal miury - Broad Form 16. Product Recal! Expense ' Each Occurrence Limit - Aggregate Limit 17. Properly Damage Legal Liability (Fire, Lighting, Explosion. Smoke or Leakage Damage) 18. "Supplementary Payments Increased Limits - Bail Bonds - Loss of Earnings 12. Unintentiona Failure to Disclose Hazards 20. Unintentipna; Failure to Notify Included Included Included Included Included Included Included .Included Included Included S 10 -000 Inciucied Included {1 ft Included S-25.000 S 50.000 5500.000 S 2.500 S 300 included Included This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new coverages, higher limits and broader coverage grants. 1. .Additional Insured by Contract, Agreement or (2) Premises you own, rent. lease or oocupV Permit This insurance applies or, a primary Under Section 11 - Who Is An insured, Paragraph 4. bans if that is required by the `d'rilten is added as follows contract, written agreement or permit. 4. a. Any person or organization wilh whom you agreec, because of a written coolant, written agreement o' permit to p70eide insurance. is an ir isured. but only wit "-, respect in: (S) "your :York" for the taddilional insuredis) at trip Iocahori des!.znated in Me contract. agreement crpermit. or 421.6778 09 05 b. This provision does not apply: (11 Unless the written contract or written agreement has been executed or pe,m:t has been issued prier to the "nodi!y injury`, 'property damage ", "persona! ,nlury" or "advertising injurv" includes cdpynghtec material of ISO Ins•_rance,Services Office. Inc v:dh as permission. Pane 4 of 6 (2) To any person or organization included as (4) Repackaging. unless unpacked solely for an insured by an endorsement issued by the purpose of inspection; us and made part of INS Coverage Pan. demonstration. testing, cr the substitution (3) To any person or organization included of parts under instruction from (lie as an insured under item 2 of Ihfs manufacturer. and then repackaged in endorsement. the original container; (4) To any lessor of eeuipment. (5) Any failure to make such inspection, ad- (a) Atter the equip ment lease expires, or O q p P iustments, tests or servicing as the vendor has agreed to make or normally (b) If the `bodily injury ", "properly dam- undertakes to make in the usual course age ". "persona- injury" or "advertising of ousmess in connection with the sale of injury" arises out of sole negligence the oreduct; . of the lessor. (6) Demonstraiton. installation, servicing or (5) To any reoair operations. except such .(a) Owners or other interests from whom operations performed at the vendor's land has been leased which takes premises in connection with the sale of place after the (ease for the land ex- the product: pires: or (7) Ptodgcls which. after distribution or sale ,(b) Managers or lessors of premises if by you, have beer. labeled or relabeled a, used as a container. part or ingredient of [i} The occurrence takes place after any thing or substance by or for the you cease to be a tenant in that vendor.. ' premises; or - .. <c. This insurance ages not apply to any insured '(fi) The " bodiiy injury". "property person or organzation. from whom you have damage ". `personal injury" or acquired such products. or any ingredient, "advertising injury" arises out of ' part or conlatnef. entenng-into: eocomoany- slructural alterations. new, con- ing or containing such products. 'struction or 'demolition operations performed by or on 3. Aggregate Limit Per Location behalf of the manager or lessor. 2. Additional Insured "Broad Fort Vendors Under Section II - Who Is An Insured; Paragraph S. Is added as follows: S. a. Any person or organization with whom you agreed. because of a written contract or written agreement to provide insurance, but only wile reseed to "bodily infarv" cr "property damage" arising out of "your products" which are c)sfribuled or sod in the regular •course of the vendor's business, suoiect to the following additional exclusions: b. The insurance afforded the vendor:does nal apply to: (1) "Bcdify injury' or "properly damage` fo: which the vendor is obligated is pav oam- ages by reasons of the assumolion of ii aoifih• in a contract or agreement This exdusfon does not acply to liability for damages that the insured woufc have u-, the absence of the contract or agreement: (2) Anv express waraniy unauthorized by you. (3) Any physical or chemical change in the product maoe intentionally by the vendor; (f) .Under Section III - Limits of Insurance the General Aggregate Limit applies separatefv to each of yc.s "locations" owned by or renled to you (2) Under Section V - Definitions, definition 23. is added as follows: 23. "Location' means premises involving the same or connecting lots. or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a rail - Mo. 4. Alienated Premises Uncer Section I - Coverage A. paragraph 2. Exclu- sions. j. (2) is replacec: in 4s entirety with trfe folcwing: (21 premises you seli, give away or abandon. if the "oroperiy damage" arises out of any pan or tnose Jreuusee and occurred from hazards trial were r:nowr, by y;,U. of should have reasonably been known by :ou. at the time doe prepany was transferred or aoandonec. 5. Bodily injury Redefined t :cder Section X - Definitiorts, definition S. "bodily m)ufy'' :s replacec� in is entirety with the following. Page 2 of 6 includes ccpyrighled material cf ISO Insurance Scwices rafitce, Inc will- its permission. 421-,0778 09 D9 Policy # ZDF919072600 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance — Primary and Non - Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions: 4. Other Insurance (a) That is Fire, Extended Coverage, Builder's Risk, a. Additional Insureds Installation Risk or similar If you agree in a written contract, written coverage for "your work "; agreement or permit that the insurance (bJ That is Fire insurance for provided to any person or organization premises rented to the included as an Additional Insured under Additional I or Section 11 — Who is An Insured, is temporarily occupied d by primary and non - contributory, the following the Additional Insured with applies; permission of the owner; .(c) That is Insurance If other valid and collectible insurance is purchased by the available to the Additional Insured for a Additional Insured to cover loss we cover under Coverages A or B of the Additional Insured's this Coverage Part, our obligations are liability as a tenant for limited as follows: "property damage" to 1.Primary' Insurance premises rented to the This insurance is primary to other Additional Insured or temporarily occupied by insurance that is available to the the Additional with Additional Insured which covers the permission of the owner; Additional Insured as a Named Insured. W e will not seek contribution or from any other insurance available to (d) If'the loss arises out of the the Additional Insured except. maintenance or use of 1. For the sate negligence at the aircraft, "autos" or watercraft to the.extent not Additional Insured; subject to Exclusion g. of ii, when the Additional Insured is an Section I — Coverage A — Additional Insured under another Bodily Injury And Property primary liability policy; or Damage Liability, III. when 2. below applies. When this insurance is excess, we will have if this insurance is primary, our no duty under Coverages A or B to defend obligations are not affected unless the insured against any "suit" if any other any of the other insurance is also insurer has a duty to defend the insured Primary. Then, we will share with against that "suit*. If no other insurer all that other insurance by the defends, we will undertake to do so, but we method described in 3. below. will be entitled to the insured's rights against all those other insurers. 2. Excess Insurance When this insurance is excess over other This insurance is excess over: insurance, we will pay only our share of the (1) Any of the other insurance, amount of the loss, if any, that exceeds the whether primary, excess, sum of continent or on any other basis: 421-04520607 Includes copyrigmed material at lnsumnce Services Olricas, Inc., w5h im pamiSslm Page 1 of 2 (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of insurance shown in the Declarations of this Coverage Part. 3. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each Insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers, 421 -0452 06 07 Includes copyughled material of insmanco Services 6ftices. Inc., wish as Permission Page 2 of 2 POLICY NUMBER: ZDF919072600 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 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 Name of Person or Organization: Any person or organization when required by a written contract, written agreement or permit (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 ACOM CERTIFICATE OF LIABILITY INSURANCE WACX%H9U DATE FROGMEN THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOCKTON COMPANIES, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5847 SAN FELIPE, SUITE 320 HOUSTON, TX 770S7 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED ADMINISTAFF, INC. INSURERA:ACE American Insurance Company INSURERS: 19001 CRESCENT SPRINGS DRIVE KINGWOOD, TX 97339 SEE BEWW INSURER C: INSURER D: $ INSURER E: $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTIl INS E OF INSURANCE POLICY NUMBER POUCYEFFECTNE DATA M D POLICYIDPIRATION DATE 4MARNMAIn LBWT$ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE S PREMISES Ea omume $ MED EXP(Any one person) $ PERSONAL E ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES PER PRO- LOC PRODUCTS- COMP/OPAGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON - OWNEDAUTOS COMBINED SINGLE LIMIT (Ea eooiderd) $ BODILY INJURY (Per person) $ BODILY INJURY (Per sooidenl) S PROPERTY DAMAGE (Peracoiden0 $ GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ $ EXCESSNMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ a $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER)MEMBER EXCLUDED? H d.s`Ibe under SPECIAL PROVISIONS below 046498203 10/01/2010 10/01/2011 % I WC STATU- Ol'H- E.L.EACH ACCIDENT Is 1,000,000 E.L. DISEASE -E :M:P:L YEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS x ALLANA BUICK & HERS, INC. (2057100) IS INCLUDED FOR COVERAGE THROUGH ENDORSEMENT FOR ALL EMPLOYEES UNDER CLIENT SERVICE AGREEMENT. ALLANA BUICK & HERS INC. 990 C0MMERCIAL ST PALO ALTO, CA 94303 ACORD25 SHOULD ANY OFTHE ABODE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXFRWTKNI DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL M DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEOTOTHE LEFT, BUT FAILURETO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPONTHE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE _ Pane 1 of 1 -�- ©ACORD CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/19/2011 Dept. /Contact Received From: Shaun Oyler Date Completed: 8/23/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Allana Buick and Bers, Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: OneBeacon America Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes OX No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does Yes N! No 0 not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Yes OX No 0 included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Yes Nl 0 included): Is it included? 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 0 No OX 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: Hartford Fire Ins. Co. 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 0 D. LIMITS (Must be $1 M 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? NIA Yes 0 No 0 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. Endeavor Wording Ill. WORKERS' COMPENSATION A. INSURANCE COMPANY: Ace American Insurance Company AM BEST RATING (A-: VII or greater): A +: XV LIMITS: Statutory WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes ❑X Yes E No No E Needs Risk Manager approval as contract only specifies IF NO, WHICH ITEMS NEED TO BE COMPLETED? evidence and WC waiver of subrogation. NOTES: Contract only requires evidence. Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Requires approvallexception/waiver by Risk Management Comments: * Subject to the terms of the contract. Date 9 /Z Date I ( J B &B initials