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HomeMy WebLinkAboutC-5059 - Amended and Restated PSA for ADA Transition Plan and SurveyAMENDMENT NO. ONE TO AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. FOR ADA TRANSITION PLAN AND SURVEY THIS AMENDMENT NO. ONE TO AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES ( "Amendment No. One ") is made and entered into I as of this 14th day of June, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and DISABILITY ACCESS CONSULTANTS, INC., a California corporation ( "Consultant"), ' whose address is 720 W. Cheyenne Ave., Suite 220, North Las Vegas, NV 89030 and is made with reference to the following: RECITALS A. On February 1, 2012, City and Consultant entered into a Professional Services Agreement for survey services for the ADA Transition Plan ( "Project "). B. On May 10, 2012, City and Consultant entered into an Amendment No. One to the Agreement to reflect additional Services and to increase the total compensation. C. On July 24, 2012, City and Consultant entered into an Amended and Restated Professional Services Agreement ( "Agreement ") to reflect additional Services and to increase the total compensation. D. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation under the agreement. E. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: "The term of this Agreement shall commence on February 1, 2012, and shall terminate on June 30, 2014 unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Section 3.1 of the Agreement shall be amended in its entirety and replaced with the following: "Time is of the essence in the performance of services under this Agreement and Consultant shall diligently perform all the services described in the Scope of Services and Billing Schedule attached hereto as Exhibit A, the Additional Services and Billing Schedule attached hereto as Exhibit B and the Supplemental Services and Billing Schedule attached hereto as Exhibit B -1 and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion." 3. COMPENSATION TO CONSULTANT Section 4.1 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 Scope of Services and Billing Schedule attached to the Agreement as Exhibit A, the Additional Services and Billing Schedule attached hereto as Exhibit B and the Supplemental Services and Billing Schedule attached to the Agreement as Exhibit B -1. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fifty Eight Thousand Two Hundred Thirty Two Dollars and 00/100 ($158,232.00) 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." Section 4.3 of the Agreement shall be amended in its entirety and replaced with the following: "City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit A, B and B -1 to this Agreement, or specifically approved in writing in advance by City." Section 4.4 of the Agreement shall be amended in its entirety and replaced with the following: "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 A, B and B -1." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Disability Access Consultants Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTC�R�EY''S OFFICE � Date: f�jj //// 0/ AC Aaron(/. Harp City Attorney f s ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date:'11n ���,� By: Dave City Manager CONSULTANT: Disability Access Consultants, Inc., a California corporation Date: 12� ► By: Barbara Thorpe President Date: �P 2v 13 T Jennie Grover Secretary ��Foar [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services and Billing Schedule Exhibit B — Additional Services and Billing Schedule Exhibit B-1 — Supplemental Services and Billing Schedule Exhibit C — Insurance Requirements Disability Access Consultants Page 3 EXHIBIT A SCOPE OF SERVICES AND BILLING SCHEDULE Disability Access Consultants, Inc. Exhibit City of Newport Beach Analysis of Current Plan, Survey of Sa mole Sites for ADAfTrtfe 24 Compliance and ADA Self - evaluation Scope of work The City can select one or more of the four (4) scopes of work provided below. Each deliverable is priced separately In the cost section of this proposal. Options 1, 2, 3 and 4 include. 1. Disability Access Consuttants, inc. (DAC) will conduct a review of the current City of Newport Beach ADA Transition Plan and ADA Setf- Evaluation and provide input to the City if the current plan appears to contain all of the required components. 2. DAC proposes to conduct an audit of the accessibility surveys of five (S) sites that were previously inspected by the City of Newport Beach (City) to determine if the required accessibility components of the Americans with Disabilities Act (ADA) Standards and Title 24 of the California Building Code were included in the previously conducted City reports. The audit of the five sites by DAC will be conducted at the site using actual site measurements. it is understood that accessibility code requirements may have changed since the City conducted the accessibility inspections. Current findings by DAC will be compared viith requirements at the time of the original inspections in order to prepare a valid sample of the findings and recommendations. By conducting comprehensive surveys of the five sites, the City will have made progress towards and updated ADATransition Plan forfive (S) sites, thus documenting current compliance activities. 3. Comparison of the previous City conducted surveys and the recently completed DAC surveys. 4. DAC will conduct an ADASelf- evaluation of City programs, services and activities and will note any asaiminatory or potentially discriminatory practices. DAC will also conduct the public input process using the findings from the previous site inspections and the site inspections conducted by DAC. If the previous inspections conducted by the City are determined to be inappropriate for public comment, DAC will notify the City contact. The ADA requires opportunities for public input regarding the ADA plan. Results and Findings of the Audit of Sites If the evaluation of the previous accessibility surveys completed by the City are found to include the majority of the required noncompliant items and elements, then the previous surveys will be considered sufficient for inclusion into an ADA transition plan for the City of Newport Beach and no further surveys will be needed by the City. DAC will issue a statement of compliance to the City of Newport Beach stating that the previous inspections include the requirements. if the new surveys conducted by DAC reveal that noncompliant items were not identified in the previous surveys conducted by the City or that other requirementsof a Transition Plan were not included, then the Gty will have the data to determine If additional surveys are needed in order to prepare a valid ADA Transition Plan as required byTdie It of theADA. Proposal for the City of Newport Beach —ADA Compliance In either case, the new surveys of the five (6) selected sites will provide the City with a comprehensive, updated inspection and DACTrak accessibility management software forthe five sites. Site Selection Five (3) representative sites will be inspected by DAC and the findings compared with prior accessibility reports completed bythe City. The selection of the representative sites for the sample audit will be made from the list of sixty (60) sites from the Iist of facilities for the City of Newport Beach that was provided to DAC. It is recommended that the following type of sites be utilized for the sample to get a representative sample of different types of facilities. it is recommended that the sites include: L Community center 2. Library 3. Park 4. Fire station S. Parking lot The City can select which library, community center, park, fire station and parking lot they would like to include In the sample audit Proposal for the City of Newport Beach —ADA Compliance Pronosal for Services for the City of Newport Beach ADA Transition Plan Option Description Price Option I DAC completes accessibility surveys in phases, prioritizing the facility inspections $29,000 for sites that have high public use or high use by individuals with disabilities. This option would not include use of any City Staff Phase I. High use facilities L Police Department 2. Newport Center library 3. Mariners Branch library (Completed by DAC) 4. Corona del Mar Branch library S. Balboa Branch library 6. City Hall (not included due to relocation) 7. Utllittes Department B. West Newport Community Center 9. Newport Theater Arts Center 10. Oasis Senior Center 11. Carroll Beek Community Center 12. Bonita Creek Community Center 13. Vincint Jorgensen Community Center 14, Lincoln Athletic Center Gym 15, Community Youth Center (Completed by DAC) Phase 2: Parks and similar areas $46,500 1. 15th Street Park 2. West Newport Park 3. West Jetty View Park 4. Westcliff Park S. Spyglass Hill Park 6. San Miguel Park 7. Peninsula Park S. Old School Park 9. Newport (stand Park 10. Lookout Point 11. Lido Park 12. Las Arenas Park 13. Jasmine View Park 14. Irvine Terrace Park 15. Inspiration Point 16. Harbor View Nature Park 17. Galaxy View Park 18. Eastbluff Park 19. Channel Place Park 20. Buffalo Hills Park-Phase 1 2L Buffalo Hills Park-Phase li 22. Begonia Park 23. Batvlew Park 24. Bayside Drive Park 25. Cliff Drive Park 26. 3e Street Park rrollm Proposal for the City of Newport Beach Phase3- Fire Stations $6,900 1. Fire Station # 1 2. Fire Station #2 3. Fire Station #3 4. Fire Station #4 S. Fire Station #5 6. Fire Station #6 7. Fire Station # 7 (Completed by DAC) Phase 4: Remaining City Facilities $11,500 1. West Newport Storage Facility 2. Marine Department HQ 3. Lifeguard Headquarters 4. McFadden Square 5. Doryman`s Fish Area 6. Balboa Pier 7. Balboa Pier parking Lot S. Balboa Yacht Basin 9. Corona del Mar parking Lot Booth 10, Iunior Lifeguard Office 11. "A" Street Parking Lot 12. "B" Street Parking Lot Total Cost without Public Rights of Way $95,900 Phase V. Public Rights of Way (sidewalks, signalized intersections) $19,000 A cost saving option is for the City of Newport Beach license DACi7ak and use City staff to inspect sidewalks and signalized intersections and other public rights -of- way that come under the jurisdiction of the City. Following training by DAC, the City of Newport Beach employees can conduct their own inspections using the DACTrak tables. Costs include a five day training course that utilizes classroom and on -site application regarding the current ADA Standards, the 2010 Standards, Title 24 of the CBC and related accessibility requirements in addition to the use of the tablet and licensing of DACTrak for data collection and processing. The cost also includes the cost of the license to use DACTrak for 3 years. The City would purchase one or more pc tablets to complete the inspections. Five sites would be inspected by DAC and City staff during the training. if the City would like DAC to conduct the inspections, a price can be determined based an the intersections and sidewalks to be inspected. Proposal for the City of Newport Beach EXHIBIT B ADDITIONAL SERVICES AND BILLING SCHEDULE Disability Access Consultants, Inc. Exhibit Exhibit B - Additional Services and Billing Schedule Disability Access Consultants (DAC) will provide the following services to the City of Newport Beach to enhance their compliance with the ADA 2010 Standards, Title 24 of the California Building Code, California MUTCD and PROWAG: 1. Inspection of 44 miles of sidewalks at a cost of $330 per mile (discounted volume price) for a total of $14,520. The 44 miles of sidewalks were calculated considering both sides of 22 miles of streets. 2. Inspection of approximately 48 intersections at a cost of $200 per intersection (includes all four comers) for a cost of $9,600. 3. Inclusion of sidewalk and intersection Inspection reports to the current City of Newport Beach DACTrak Accessibility Management software. DACTrak allows the Gty to manage and update reports, produce progress reports and produce a variety of other custom reports. (No additional charge) The total cost for Items 1, 2, and 3 is $24,120. The cost includes all expenses. Since DACrrak is a web based interactive software program, City inspection data is backed up daily and housed in a secure site. Data collected and reports are the property of the City. Following the completion of items 1 -3, the City will have accessibility reports with findings and recommendations, photographs integrated with each finding and recommendation, estimated cost, code references and management capabilities to implement the barrier removal /transition plan. Using DACTrak, the City can easily set priorities and estimated dates for barrier removal, followed by actual dates and actual costs. Results of the study will be incorporated into the DACTrak accessibility management software and categories for streets and intersections will be added to the current City DACTrak program. Submitted June 13, 2012 and authorized by: Barbara Thorpe, President Disability Access Consultants 2243 Feather River Blvd Oroville, CA 95965 (800) 743 -7067 bthorpe(@dac-corp.com EXHIBIT B -1 SUPPLEMENTAL SERVICES AND BILLING SCHEDULE Disability Access Consultants, Inc. Exhibit Proposal for Additional Services for City of Newport Beach Disability Access Consultants (DAC) will provide the following services to the City of Newport Beach to enhance their compliance with the ADA 2010 Standards, Title 24 of the California Building Code, California MUTCD and PROWAG: 1. ADA Compliance Consultation for a cost of $2,412.00. 2. Self Evaluation Consultation and Services for a cost of $16,800.00 The total cost for Items 1 and 2 is $19,212. The cost includes all expenses. Submitted May 23, 2013 and authorized by: Barbara Thorpe, President Disability Access Consultants 2243 Feather River Blvd Oroville, CA 9$965 (800) 743 -7067 bthorpe @dac- corp.com EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of 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, Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1,2 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, 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 13.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 each accident. Disability Access Consultants, Inc. Exhibit 1.3.4 Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence 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 and other endorsements as specified herein for each coverage. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of Disability Access Consultants, Inc. Exhibit such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation, 1.5.3 Enforcement of Agreement 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. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1,5.5 Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these requirements unless approved by City. 1.5,6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 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, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's 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. Disability Access Consultants, Inc. Exhibit CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 6/24/13 Dept. /Contact Received From: Lucie Date Completed: 7/22/13 Sent to: Lucie_ _ By: Chrislikenee Company /Person required to have certificate: Disability Access Consultants Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 2 -13 -13 to 2 -13 -14 A. INSURANCE COMPANY: National Fire Insurance Company of Hartford B. AM BEST RATING (A-: VII or greater): A XV AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED Company (Must be California Admitted): ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes El No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000/$4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must LIMITS Waiver of Auto Insurance I Proof of coverage (if individual) include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) N Yes E] No G. ADDITIONAL INSURED FOR PRODUCTS AND N N/A ❑ Yes ['j No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A N Yes ❑ No H. Operations status does not apply to Waste Haulers) N Yes © No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers); is it included? N Yes © No 1. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? N Yes © No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? © Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: 0 N/A N Yes © No H. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 9/7/12 to 9/7/13 A. INSURANCE COMPANY: Golden Eagle Insurance Company B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,040 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance I Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes ['j No G. HIRED AND NON - OWNED AUTO ONLY: ❑ N/A N Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A N Yes © No DL YVO8KERG'C8MPEN5AT|0V EFFECT|\8E/EXP|RAT|OWQATE: A. INSURANCE COMPANY: Ins Cuuf the |vunia R. AM BEST RATING (A-: VII orgroater): A:XY C. ADMITTED Company (Must be California Adnnh1od): 19 Yes F7No D_ VVDRKERG'C0MPENSxT|ON LIMIT: Statutory 0 Yes [lNo E. EyWPLDYERS`L|A8|L|TY LIMIT (Must bo$1K«orgreater) F. WAIVER OF SUBROGATION (To in:|ude):|siiincluded? 0 Yes [Nu G. SIGNED VYORKERS'C0MPEmSKT|ON EXEMPTION FORM: 0N/A E] Yes E] No H� NOTICE (}FCANCELLATION: El NIA ER Yes FlNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: l3 7/2�/ ^*, � � Agent nff8(ia/* Insurance Services Date Broker ofrecord for the City vf Newport Beach El N/A 0 Yes F1 No 0N/A El Yes F�N" RISK MANAGEMENT APPROVAL REQUIRED Non'admittod carrier rated less than ; Self Insured Retention or Deductible greater than $ El N/A El Yes 0 No Reason for Risk Management Approved: Risk Management * Subject to the terms nf the contract. a CERTIFICATE OF LIABILITY INSURANCE 07iia20133D""Y' 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, sub Oct to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Ganfer rights to the certificate holder in lieu of such endorsements). PRODUCER CONTACT Paychax Insurance Agency Inc NAMF- PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE PHUNE NO. EXT 877 - 266 -6650 (A/C, No ) : 565- 389.7426 ( )- E -MAIL Certs @payoheX.com III ROCHESTER, NY 14620 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: INS CO OF THE STATE OF PENNSYLVANIA 19429 INSURER B: Paychex Business Solutions, Inc. L1CIF DISABILITY ACCESS CONSULTANTS - -- INSURER C: INC Disability Access Consultants 911 PANORAMA TRAIL SOUTH INSURER D: ROCHESTER, NY 14625.4397 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. NSR Tft TYPE OF INSURANCE I ADDLSUBR INSR NVD POLICY NUMBER . POLICY BEE (MMMD POLICYEXP MMIDONYYY) LIMITS GENERAL- LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY �t.AIMG- MADE�CCUR DAMAGE TO RENTED $ $ MEG EXP {Any One W.Cr} PERSONAL &AOV INJURY $ GENERAL AGGREGATE $ DEBT. AGGREGATE LIMIT APPLIES PER: POLICY = PROJECT LOC PRODUCTS - COMPlOP AGG $ 3 AUTOMOBILE LIABILITY ANYAUTO SCHEDULED ALL OWNED If SCHEDULED AUTOS `-- AUTOS HIREDAUYOS AOTAWNED rr ""��''�� `,„_,,,-,J r COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per pers) $ BODILY INJURY (Peraccideelj $ PROPERTY DAMAGE (Peraccident) $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE _._ ............. $ EXCESS DAN CLANS -IAM E $ DEO RETENTIONS MINERS COMPENSATION AND EMPLOYERS - LIABILITY 013256007 06(01/2013 0610112014 X WC STATU T E.L. EACH ACCIDENT $ 1000,000.00 ANY OFFICE MEMBER OPFlCERM,EMBER E %CLUDED? YIN (Manaekay in NN) N/A X E.L. DISEASE - EA EMPLOYEE $ 1,000,000.00 E.L. DISEASE - POLICY LIMIT $ 1,000,000,00 ityes,dasaibe.WU' 'DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) Workers Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. Waiver of Subrogation granted in favor of the certificate holder. THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS CERTIFICATE HOLDER CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 100 CIVIC CENTER DRIVE NEWPORT BEACH,, CA 92660 DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - ACORD 25 (2010105) @1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CAVIGNAC ri ASSOCIATES Fro'SURANt,„.E BROKERS License No. OA99520 450 B Street, Suite 1800 San Diego, CA 92101 -8005 Tel. 619.234.6848 » Fax 619.234.1239 a Web www.cavignac.cori City of Newport Beach 100 Civic Center Drive Newport Beach, CA, 92660 Jul 18, 2013 Re: Disability Access Consultants, LLC To Whom It May Concern: Enclosed is a certificate of insurance, as requested. If you have questions or require changes, please contact our office via email (certificates @cavignac.com) or fax (619- 234 - 1239). Please include a copy of the certificate with your request or reference ID number 231269. Sincerely, Cavignac & Associates Certificate Department certificates@cavignac.com 619- 234 -1239 (fax) cc: Jennie Grover (JGrover @DAC- corp.com) JGriffin @alliantinsurance.com Disability Access Consultants, LLC - Certificate of Insurance Page t of 4 � � A CERTIFICATE OF LIABILITY INSURANCE nn (MM:O 7/ tS/2013 013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNTCT NAMEA Certificate Department PHONE 619-214 -Q48 AA No1;G14 ,234 -8601 Cavignac & Associates 450 8 street, Suite 1800 San Diego, CA 92101 -8005 E-MAIL ADO RESs:certitieatesacavi nac.com ar AFFORDING COVERAGE - NAICAt License No. OA99520 _INSURE INSURER A EACHOCCURREN CE S 2 =000,000 INSURED INSURERA.NATLFIRF INS CO HARTFORD 478 INSURERC:PHILADELPHIA IND INS CO 18058 Disability Access Consultants, LLC 2243 Feather River Boulevard Oroville, CA 9596S United States INSURER D: _ INSURER E: INSURER F: GENERAL AGGREGATE $ 4,000,000 T r:nVFRAGFS CERTIFICATE NUMBER: 167739 REVISION NUMBER: 231269 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL, THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OP INSURANCE ADDL SUBft POLICY NUMBER MM ppY EFF MMl��r/YYPY LIMITS TY L GENERAL LIABILITY -MADE �OCCtX? rGEN'L x4022222820 2/1312013 2/13/2014 EACHOCCURREN CE S 2 =000,000 DAMPS O EN EED PREMISE arms $ 300,000 ..._� MEDEXP {Myoneperson $ 10,000 PERSONAL& ADV INJURY $ 2,000,000 X X GENERAL AGGREGATE $ 4,000,000 T TE LIMIT APPLIES PER PRODUCTS - C0IWVOP AGG_ $ 4.000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY BA1069B47 9/7/2012 9/%/2013 COMBINED SINGLE LIMIT (Eaaceieem) § 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS NON -OWNED HIRED AUTOS AUTOS X X PROPERTY DAMAGE -$ It UMBRELLA LIAR OCCUR EACHOCCURRENCE S AGGREGATE $, EXCESS LIAS CLUMS-MADE DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- .tM AND EMPLOYERS' LIABIUTY ANY PROPRIETORIPARTNERIEXECUTIVE YIN EL. EACH ACCIDENT_ $ E.L. DISEASE -EA EMPLOYE E $ OFFICERfMEMSER EXCLUDED? (Mandatory to NH) NIA E.L DISEASE -POLICY LIMIT 1 It If yes, describe under DESCRIPTION OF OPERATIONS below C Professional Liability PRSDSI6' 196 3/13/2013 3/13/2014 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 10i, Additional Remarks Schedule, if more space is required) Additional Insured coverage applies to General and Automobile Liability for City of Newport Beach, it's officers, officials, agents, employees and volunteers per policy form. Primary coverage applies to General Liability per policy form. Waiver of subrogation applies to General and Automobile Liability per policy form. Prof. Liab. - Claims made, defense costs included within limit. General Liability - Additional Insured applies for Products /Complete Operations °Your Work" and is Primary and Non - Contributory for The City of Newport Beach, its officers, officials, employees, and volunteers per policy form_ CERTIFICATE "nt OPP CANCELLATION City of Newport. Beach 100 Civic Center Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Newport Beach, CA 92660 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Jeffrey W. Cavignac L /������. O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD EXiGiS. CAV*NAC & ASSOCIATES 231289 Page 2 of 4 Policy Number: BA1069847 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION It - LIABILITY COVERAGE A. COVERAGE WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. I. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if. (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily Injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701(01107) Includes copyrighted material of insurance Services Offices, Inc. with its permission Page i of 4 Page 3 of 4 Policy Number: BA1069847 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit', or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract', written agreement, or permit. B. GENERAL CONDITIONS 9, is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01107) includes copyrighted material of lasur "Services offices, Inc, with its permission Page 4 of 4 Page 4 of 4 Policy No. B4022222820 SB- 146968 -A CNA (Ed. 01106) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily Injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE _ DEFINITIONS — 'Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury' or "property damage" arising out of the "products - completed operations hazard" unless required by the written contractor written agreement. SB- 146968 -A (Ed. 01106) 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architecTs, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Page 1 of 2 Policy No. 84022222820 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. O. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance Is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB- 146968 -A (Ed. 01/06) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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, E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products - completed operations hazard." SB- 146966 -A Page 2 of 2 (Ed. 01/06) Policy No.. 84022222820 SB- 300120 -B CNA (Ed. 04110) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE' Name Of Person Or Organization: City of Newport Beach it's officers, officials, agents, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 A. The following is added to Paragraph C. Who Is An Insured; 4. Any person or organization shown in the Schedule is also an insured, but only with rasped to liability C. arising out of your ongoing operations performed forthatinsured B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily Injury,' 'property damage," or 'personal and advertising injury' caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds); or c. 'Your work' that is included in the 'products - completed operations hazard' and performed for the additional insured, but only if this Policy r provides such coverage, and only If the written contract or written agreement requires you to provide the additional insured such coverage This insurance provided to the additional insured terminates when your operations for the additional insured are complete. But H the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: 1. On the date specified in the written contract or written agreement; or 2. When this policy expires or is cancelled, whichever occurs first. D. The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Other lnaurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page i of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING PRIOR TO LOSS TO PROVIDE THIS WAIVER, AND THEN ONLY TO THE EXTENT OF SUCH AGREEMENT NAMED INSURED AND ADDRESS Paychex Business Solutions, Inc 911 Panorama Trail South Rochester, NY 14625 -0397 CERTIFICATE HOLDER: City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92880 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherw,iso stated. Endorsement Effective 6!1!2012 Policy No. 013256007 Endorsement No. WC 0003 13 Insurance Company INS CO OF THE STATE OF PENNSYLVANIA Countersigned by �/ z,�[- L(�! YIl 01983 Netlonal Council on Compensation Insurance. AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. FOR ADA TRANSITION PLAN AND SURVEY THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made � and entered into as of this �l day of July, 2012 � "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "Clty °), and DISABILITY ACCESS CONSULTANTS, INC., a California corporation ( "Consultant "), whose address is 720 W. Cheyenne Ave., Suite 220, North Las Vegas, NV 89030 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 desires to amend and restate the Professional Services Agreement entered February 2, 2012 and amended on May 10, 2012 with Consultant. C. City desires to to engage Consultant to conduct a survey of the City's current Americans with Disabilities Act ( "ADA ") Transition Plan, conduct an ADA Self - Evaluation of City programs, services and activities and seek public input for the ADA Transition Plan ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Barbara Thorpe. 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 February 1, 2012, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services and Billing Schedule attached hereto as Exhibit A and the Additional Services and Billing Schedule attached hereto as Exhibit B and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and B. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and Scope of Services and Billing Schedule attached hereto as Exhibit A and the Additional Services and Billing Schedule attached hereto as Exhibit B. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Nine Thousand Twenty Dollars and 001100 ($139,020.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. Disability Access Consultants, Inc. Page 2 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit A and B to this Agreement, or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A and B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Barbara Thorpe to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Web, Deputy Public Works Director, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. Disability Access Consultants, Inc. Page 3 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of Cod, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence 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 Disability Access Consultants, Inc. Page 4 on or to enforce the temps 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Disability Access Consultants, Inc. Page 5 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without speck 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. Disability Access Consultants, Inca Page 6 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 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 expressly authorizes in writing the release of information. 24. 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services 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 Disability Access Consultants, Inc. Page 7 bome by Consultant. Nothing in this Section 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 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, 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: Dave Webb, Deputy Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3328 Fax: (949) 644 -3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Barbara Thorpe, President [Consultant Firm Name] 720 W. Cheyenne Ave., Suite 220 North Las Vegas, NV 89030 Phone: (702) 649 -7411 Fax: (702) 649 -7417 Disability Access Consultants, Inc. Page 8 pwi slw- -n 1 i Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, 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 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non- defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Disability Access Consultants, Inc. Page 9 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.6 Amendments, This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Disability Access Consultants, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 4 /� 6y: �. Aaron . Harp City Attorney ATTEST: Date: By: Leilani I. 6rown City Clerk aEW %ZfPORS" CITY OF NEWPORT BEACH, A Californ municipal corporation Date: // f By: Z26jW — Nancy Mayor CONSULTANT: Disability Access Consultant$, Inc., a California corporation Date: , 1 "7 / Z,--,) -L By:���t1 Barbara Thorpe President Date: Y/W&0>Z--- Je inn e Grover Secretary [END OF SIGNATURES] Attachments: Exhibit A – Scope of Services and Billing Schedule Exhibit B – Additional Services and Billing Schedule Exhibit C – Insurance Requirements A11-01358F.\apps\cat\cycom\wpdocs\d029\p005\00011397.doc Disability Access Consultants, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES AND BILLING SCHEDULE Disability Access Consultants, Inc. Page A -1 City of Newport Beach Analysis of Current Plan, Survey of Sample Sites for ADA /Title 24 Compliance and ADA Self- evaluation Scope of Work The City can select one or more of the four (4) scopes of work provided below. Each deliverable is priced separately in the cost section of this proposal. Options 1, 2, 3 and 4 include: x. Disability Access Consuttants, Inc. (DAC} will conduct a review of the current City of Newport Beach ADA Transition Plan and ADA Self - Evaluation and provide input to the City if the current plan appearsto contain all ofthe required components. 2 DAC proposes to conduct an audit of the accessibility surveys of five (5) sites that were previously inspected by the City of Newport Beach (City) to determtne If the required accessibility components of the Americans with Disab9iitles Act (ADA) Standards and Title 24 of the California Building Code were Included in the previously conducted City reports. The audit of the five sites by DAC will be conducted at the site using actual site measurements. It is understood that accessbillty code requirements may have changed since the "City conducted the accessibility Inspections. Current findings by DAC will be compared with requirements at the time of the odginat Inspections In order to prepare a valid sample of the findings and recommendations. By in either case, the new surveys of the five (S) selected sites will provide the City with a comprehensive, Updated Inspection and DACfrak accessibility management software forthe five sites. Selection (5) representative sites will be irts completed by the City. The and the d with prior accessibility ample audit will be made _....]Jo1a_ 4C. It is recommended that the following type of sites be utilized for the sample to get a representative mple of different types of facilities. it is recommended that the sites include: 1. Gommunitycenter 2. Ubrary A. park 4. Rre station' 5. Parkinglot the sampleaudiL Proposal for Services for the City of Newport Beach ADATransition Plan 4J F Phase 3: Fire Stations $8,900 1. Fire Station # 1 2. Fire Station #2 3. Fire Station #3 4. Fire Station #4 S. Fire Station #5 6. Fire Station #6 7. Fire Station# 7 (Completed by DAC) Phase 4 Remaining City Facilities $11,500 L West Newport Storage Facility 2. Marine Department HQ 3. Lifeguard Headquarters 4. McFadden Square 5. Doryman`s Fish Area 6. Balboa Pier 7. Balboa Pier Parking Lot B. Balboa Yacht Basin 9. Corona del Mar Parking Lot Booth 10. Junior Lifeguard Office 1L "A" Street Parking Lot 12. 'a' Street Parking Lot ' Total Cost without Public Rights of Way $95,90D ,Phase V. Public Rights of Way (sidewalks, signalized intersections) $19,000 ,A cost saving option is for the City of Newport Beach license DACTrak and use City staff to inspect sidewalks and signalized intersections and other public rights -of °way that come under the jurisdiction of the City. Following training by DAC, the £ity of Newport Beach employees can cpnduct their own inspections using Bre DACT rak tablet. Costs include a Five day training course that ,utilizes'dassC iQM 444 riste' aPplicationfegartling the current AOAStandards , the 2010Stan rtis, title 4 `Pf �i fB Ono Fei4teo a.#ps;I)iWdy requilreYlen`ls'la "add(tion t0 us, Q �l ltd fr rrsir ofi DLXCfra C for °da ollec utt aBd;processr ►lre` �tA 'lu�dfiHoa,tlite- ftst,ofAhe 1100M to use 3DACTrotk,4 0 3 years; The`. woti)d no ctr ire to rps tti rxtr fete tie n pe ons. rwo s to 0-0 o, ipsptaodisyDACand yttaatdarintiteirgtning: s 01 Ci)1"*0110 lily D�Cto rondu� the #nspectwnsr a prwee.can tae;t(e %rrrti+te�. #�' on' 1kbe�. +eters�rfnsartdsid�t�slt?3l?e,` ',. 31�, EXHIBIT B ADDITIONAL SERVICES AND BILLING SCHEDULE [Consultant Firm Name] Page B -1 Exhibit B - Additional Services and Billing Schedule Disability Access Consultants (DAC) will provide the following services to the City of Newport Beach to enhance their compliance with the ADA 2010 Standards, Title 24 of the California Building Code, California MUTCD and PROWA6: 1. inspection of 44 miles of sidewalks at a cost of $330 per mile (discounted volume price) for a total of $14,520. The 44 miles of sidewalks were calculated considering both sides of 22 miles of streets. 2. Inspection of approximately 48 intersections at a cost of $200 per intersection (includes all four comers) for a cost of $9,600. r 3. Inclusion of sidewalk and intersection inspection reports to the current City of Newport Beach DACTrak Accessibility Management software. DACTrak allows the City to manage and update reports, produce progress reports and produce a variety of other custom reports. (No additional charge) The total cost for items 1, 2, and 3 is $24,120. The cost includes all expenses. Since DACTrak is a web based Interactive software program, City inspection data is backed up daily and housed in a secure site. Data collected and reports are the property of the City. Following the completion of items 1 -3, the City will have accessibility reports with findings and recommendations, photographs integrated with each finding and recommendation, estimated cost, code references and management capabilities to implement the barrier removal/transition plan. Using DACTrak, the City can easily set priorities and estimated dates for barrier removal, followed by actual dates and actual costs. Results of the study will be incorporated into the DACTra k accessibi lity management software and categories for streets and intersections will be added to the current City DACTrak program. Submitted June 13, 2012 and authorized by: i^ Barbara Thorpe, President Disability Access Consultants 2243 Feather River Blvd tlroville, CA 95965 (SDO) 743 -7067 bthoroePdac- corp.co m INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 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. 13 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 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. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 each accident. [Consultant Firm Name] Page C -1 1.3.4 Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence 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 and other endorsements as specified herein for each coverage. 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 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by giving the Consultant sixty (60) days advance written notice of [Consultant Firm Name] Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement 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. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 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, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's 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. [Consultant Firm Name) Page C-3 ACbfRa CERTIFICATE OF LIABILITY INSURANCE 41 DarE (MmlDD /YYYY) 11 j14/2012 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(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). PRODUCER NAONMEA Certificate Department Cavignac & Associates (" E tj' 639- 23fl -fi848 CMG Na1:619- 234 -8601 450 B Street, Snits 1800 Ban Diego, CA 92101 -8005 License No. OA99520 L [ADDRESS: certlflcateaC�CaVlgnao.com UCER QMER I0 t- DISA3-1 INSURERS AFFORDING COVERAGE NAIGA ,..,. .__ INSURED INSURER ,.A.._P:l7eRF,ia_F?AC3T. -Sij y.... INSURERB;NATL FIRE INS E'ORD _CO HARTER 20478_, Disability Access Consultants, LLC 720 W. Cheyenne Avenue N. Las Vegas, NV 89030 United States Unit INSURER C: PHILADELPHIA IND INS CO .._... .....�_ 18058 INSURER n :_ _..�_.., CLAMS-MADE 1�OCCUR _INSURER E: _. - - -- INSURER F: PERSONAL &ACV INJURY COVERAGES CERTIFICATE NUMBER: 167739 REVISION NUMBER: 203149 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE L WVD POLICY NUMBER MMI�DYYYY POLICY LIMITS B GENERAL LIABILITY 54022222820 2/13/2012 2/13/2013 EACHOCCURRENCE $ 2,000,00D X COMMERCIAL GENERAL LIABILITY AT4AGE T R NFM- PR MISES Ea ocwrranw $ 300,000 MEDEXP(Anymopemm,) _ $ 10,000 CLAMS-MADE 1�OCCUR PERSONAL &ACV INJURY $ 2,000,000 X X GENERALAGGREGA_TE If 4,000,000 GEN'L AGGREGATE LIMITAPPUES PER: PCLICY PR0. Lee PRODUCTS - COMPIOP AGG $ 41000,000 _ $ A AUTOMOBILE R LIABILITY ANY AUTO SA1069847 9/7/2012 9/7/2013 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per Gerson) - - $ I ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS X X BODILY INJURY(Permadand $ — PROPERTY DAMAGE iPeraecident) $ i NON- OWNFDAUTOS $ $ UMBRELLA LIAR OCCUR - EACH OCCURRENCE It AGGREGATE $ EXCESS LIAR CtAiMS -MADE DEDUCTIBLE y _ $ 1114 �— $ RETENTION $ WORKERS COMPENSATION WC STATU- 0TH- ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNENEXECUTIVE OFFICENMEMBER EXCLUDED? F-1 NIA ER _ E ,L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE -�- $ (Mandatory lnNH) If yyes, describe under DESCRIPTIONOF OPERATIONS boloot E.L. DSEASE- POLICY LIMIT is - C Professional Liability PHSD'I03987 3/13 /2012 3/13/2011 Each Claim $1,000,000 .Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atench ACOR0101, Additional Remarks Schade e, if more space is rormbed) Additional Insured coverage applies to General and Automobile Liability for City of Newport Beach, it's officers, officials, agents, employees and volunteers per policy form. Primary coverage applies to General Liability per policy form. Waiver of subrogation applies to General. and Automobile Liability per policy form. Prof. Liar. - Claims made, defense costs included within limit. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 United States 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 Jeffrey W. Cavignac ACpRD 25 (2009100) The ACORD name and IDgD are registered me EXIGM - CAVIGNAC & ASSOCIATES 2M I-4 Page 2 of 4 Policy Number: BA2069847 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION If - LIABILITY COVERAGE A. COVERAGE WHO IS AN INSURED The following is added: d. Any organization, other than a partnership orjoint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. I. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract ", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page I of 4 Page 3 of 4 g Policy No. B4o22222e2a SB- 146968 -A CAAA (Ed. 01106) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER BLANKET OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement, No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS — 'Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contractor written agreement. SB- 146968 -A (Ed. 01106) 4. The insurance provided to the additional insured does not apply to "bodily injury," °property damage," "personal and advertising injury" arising out of an architect's, engineers, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager: or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising Injury" arising out of: a, The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Page 1 of 2 Policy No. B4022222820 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "sult" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Pad. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance Is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB- 146968 -A (Ed. 01106) against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum Of" (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the °products- completed operations hazard." SB- 146968 -A Page 2 of 2 (Ed. 01/06) Policy No.: 84022222820 S13- 300120 -B CAM (Ed, 04/10) THIS ENDORSEPAENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABiUTY COVERAGE FORM r �11 1i Name Of Person Or Organization: City of Newport Beech it's officers, officials, agents, employees and volunteers 3300 Newport Boulevard Newport Beach, CA 92658 -8915 A. The following is added to Paragraph C, Who Is An Insured: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability C- arising out of your ongoing operations performed for that insured S. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily Injury,' 'proparty damage,' or 'personal and advertising injury' caused in whole or in part by: a. Your acts or omissions; or b, The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insuredsy or c. 'Your work' that Is Included in the 'products - completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only If the written contract or written agreement requires you to provide the additional insured such coverage This insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: 1. On the data specified in the written contract or written agreement; or 2. When this policy expires or is cancelled, whichever occurs first. D. The following is added to Paragraph H. of the Businessowners common Policy Conditions: H. Otherinsurarrce This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing, SB- 300120 -B Page 1 of 1 (Ed. 04 /10) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone lute for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING PRIOR TO LOSS TO PROVIDE THIS WAIVER, AND THEN ONLY TO THE EXTENT OF SUCH AGREEMENT NAMED INSURED AND ADDRESS Paychex Business Solutions, Inc 911 Panorama Trail South Rochester, NY 14625 -0397 CERTIFICATE HOLDER: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92858 -8915 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 6/112012 Policy No, 020558240 Endorsement No. WC 00 0313 Insurance Company THE INSURANCE COMPANY OF THE STATE OF PENNSV Countersigned by'1 -� i ;i`t'L,,,,_ 0) 083 asters] Council on Compensation Insurance. CERTIFICATE OF INSURANCE CHECKLIST WJUMGMZ�� This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8/22112 Dept. /Contact Received From: Tania Moore Date Completed: 11/16/12 Sent to: Tania By: Renee Company /Person required to have certificate: Disability Access Consultants 4 Type of contract: All Other GENERAL LIABILITY PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE /EXPIRATION DATE: 2 -13 -12 to 2 -13 -13 A. INSURANCE COMPANY: National Fire Insurance Company of Hartford B. AM BEST RATING (A-: VII or greater): A XV _. C. ADMITTED Company (Must be California Admitted): ❑ No Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $2,000,000131,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach CI Yes N No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes COMPLETED OPERATIONS ENDORSEMENT (completed K. Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City © No its officers, officials, employees and volunteers): Is it NOTICE OF CANCELLATION: included? N Yes 0 No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes © No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No Ii. AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 917/12 to 9/7/13 A. INSURANCE COMPANY: Golden Eagle Insurance Company T B. AM BEST RATING (A-: VII or greater) A; XV C, ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes Il No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): N N/A ❑ Yes El No G. HIRED AND NON-OWNED AUTO ONLY: ❑ N/A N Yes 0 No H. NOTICE OF CANCELLATION: ❑ N/A N Yes [I No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 6-1-12 to 6-1-13 A. INSURANCE COMPANY: The Insurance Company of the State of Pennsylvania B. AM BEST RATING (A-: VII or greater): A XV C. ADMITTED Company (Must be California Admitted): Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory Yes No E. EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? 0 Yes ONo G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: 0 N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A E Yes DNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY EJ0ff-.TJflW-pTff -.7R1F.-WT1 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 11/16/12 Date Z N/A ❑ Yes ❑ No 0 N/A ❑ Yes ❑ No 70 /:�1� RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than Self Insured Retention or Deductible greater than ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. k���P�k� 0 'v C'QtlFO Rr'�� TO: CITY OF 'Ut.. �4 2012 Agenda Item No. 10 July 24, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G, Badum, Public Works Director 949.644 -3311, sbadumCcD,newportbeachca.gov PREPARED BY: Fong Tse, Principal Civil Engineer APPROVED: )� 6-AL'- TITLE; Americans with Disabilities Act Transition Plan – Approval of Amended and Restated Professional Services Agreement with Disability Access Consultants for Transition Plan Update ABSTRACT: Additional field surveys and data compilation work are required to complete the Americans with Disabilities Act Transition Plan (Plan) Update. The approval of an amended and restated professional services agreement with Disability Access Consultants (DAC) is needed to complete the Update. RECOMMENDATIONS: 1. Approve the Amended and Restated Professional Services Agreement with Disability Access Consultants of Las Vegas - Nevada for completing the City's ADA Transition Plan Update for an additional $24,12 0,00, and raise the total not - to- exceed contract price to $139,020.00. Authorize the Mayor and the City Clerk to execute the Amended and Restated Agreement. 2, Approve Budget Amendment No. 13BA -O(K-_ transferring $24,120.00 from Account No. 7161- C2001009 (Sidewalk, Curb, and Gutter Replacement and ADA Improvements - Community Development Block Grant (CDBG) fund) to Account No. 7161 - 08002030 (ADA Transition Plan) for the needed additional services. Americans with Disabilities Act Transition Plan — Approval of Amended and Restated Professional Services Agreement with Disability Access Consultants for Transition Plan Update July 24, 2012 Page 2 FUNDING REQUIREMENTS: Upon approval of the budget amendment, sufficient CDBG funds are available for these additional services. The proposed use of the transferred fund is as follows: Vendor Purpose Amount Disability Access Consultants Transition Plan Update $24,120.00 DISCUSSION: The federal Americans with Disabilities Act (ADA) was enacted in January 1990, Its passage mandated the City to develop and maintain a strategy plan as to how different obstructions identified by a citywide facilities ADA compliance review will be remedied. Accordingly, the City in the early 1990's developed an ADA Transition Plan and completed various physical improvements to its facilities and infrastructures through a number of capital improvement projects to comply with the federal requirements, Since then, staff has and will continue to examine every capital improvement project to identify and make ADA improvements to the extent possible. Along with the many changes that were made over the years to the original 1990 ADA scope, the United States Department of Justice on September 15, 2010 published in the Federal Register a set of substantial revised regulations for Titles II and III. These new Federal requirements along with the other rules last updated by the California State Architect in November 2011 made the tasks of defining, interpreting, and applying the often conflicting Federal and State requirements very challenging. In February 2012 staff entered into a Professional Services Agreement (PSA) with Disability Access Consultants (DAC) of Las Vegas — Nevada to review the City's existing Plan and identify the areas that need to be amended in accordance with the most current Federal and State Rules and Regulations. An amendment to the PSA was executed in May 2012 to include field surveys as well as City staff training that were not in the original scope of work. As an outcome of the training and review of City ADA compliance, staff determined that the remaining field survey work will be substantially more labor intensive than initially anticipated. Additionally, the regular work performed by staff will be interrupted for an extended period of time should in -house staff be used to conduct said field surveys. As such, staff approached DAC for their availability and cost to complete the remaining field review work. DAC submitted a proposal for $24,120.00 to perform the remaining work needed to complete the City Transition Plan's Update in a timely manner. Staff would like City Council approval to amend DCA's contract and have them complete the necessary field work. Americans with Disabilities Act Transition Plan — Approval of Amended and Restated Professional Services Agreement wish Disability Access Consultants for Transition Plan Update July 24, 2012 Page 3 When approved, a summary of RCA's PSA is as follows: Agreement Scope Amount Original Review Existing ADA Transition Plan $ 25,000.00 Amendment 1 Survey Ci Facilities and Train Staff_ $ 89,900.00 Amended and Restated Survey Select High Pedestrian Traffic Public Rights - Of-Way and Complete Transition Plan Update $ 24,120.00 Total Contract Value $139,020.00 ENVIRONMENTAL REVIEW: 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). .qllhnni+tarl hir Attachments: A. Amended and Restated Professional Services Agreement B. Budget Amendment AMENDED AND PROFESSIONAL SERVE WITH DISABILITY ACCESS C ADA TRANSITION PLA THIS AGREEMENT FOR PROFESS and entered into as of this day of Ji the CITY OF NEWPORT BEACH, a Cal DISABILITY ACCESS CONSULTANTS, 1P whose address is 720 W. Cheyenne Ave., is made with reference to the following: A. City is a municipal corpo of the State of California' conducted under the scat B City desires to amend at February 2, 2012 and arr C. City desires to to enaaa D E C? RECI' RESTATED CES AGREEMENT ONSULTANTS, INC. FOR N AND SURVEY JAL SERVICES ( "Agreement ") is made 2012 ( "Effective Date ") by and between iia Municipal Corporation ( "City"), and a California corporation ( "Consultant "), 220, North Las Vegas, NV 89030 and S ized and validly existing under the laws carry on its business as it is now being of California and the Charter of City. ofessional Services Agreement entered 0, 2012 with Consultant. conduct a survey of the City's current Transition Plan, conduct an ADA Self - i activities and seek public inout for the %DA Transition Plan (' "Project"): ,onsultant possesses the skill, experience, ability, background, certification and mowledge to provide the professional services described in this Agreement. "he principal member of Consultant for purposes of Project shall be Barbara 'horpe. ,ity has solicited and received a proposal trom 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 -February 1, 2012, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and .correct and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services and Billing i x Schedule attached hereto as Exhibit A and the Additional Services and Billing Schedule attached hereto as Exhibit B and incorporated herein by reference (" Services" or "`Work "), The City may elect to delete certain Services within the Scope of Services at Its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A and B. in the absence of a specific schedule, the Services shall be performed to completion in 'a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a t diligent and timely manner may result in terminatlon of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the of the condition that purportedly causes a delay. The ;start Project Administrator shall review all such requests and may grant reasonable time 1. extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION To CONSULTANT 4.1 ` City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and Scope of Services and Billing Schedule attached hereto as Exhibit A and the Additional Services and Billing Schedule attached hereto as Exhibit B. Consultants compensation for all Work performed in accordance with this Agreement, including all reimbursable items and I. subconsultant fees, shall not exceed One Hundred Thirty Nine Thousand Twenty Dollars and 001100 ($139,020.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly Invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than j thirty (30) days after approval of the monthly invoice by City staff. J{ l7isability Access Consultants, Inc. Page 2 4.3'- City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit A and B to this Agreement, or specifically approved in writing in advance by City. j 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit A and B. 5. PROJECT MANAGER I 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable, times during the Agreement term. Consultant has designated Barbara Thorpe to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any f personnel listed in Exhibit A or assign any new or replacement personnel to the Project l without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel 5,2 Consultant, at the sole discretion of City, 'shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City, Consultant warrants that it will continuously furnish the necessary ; personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City,` the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff.` The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Web, Deputy Public Works Director, or his designee, shall be the Project Administrator and shall have the authority to act` for City' under this Agreement. The Project Administrator or his designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. l Disability Access Consultants, Inc. Page 3 � Ir r 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be perforined by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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. 8.4 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, lookouts, accidents,'; 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 Laity, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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 mature whatsoever (individually, a Claim; collectively,' "Claims "), which may arise from or in any manner relate (directly or 1 Indirectly) to any breach of the terms and conditions of this Agreement, any Work I performed or Services provided under this Agreement including, without limitation, I defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and/or willful acts, errors andfor omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence 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 Disability Access Consultants, Inc. Page 4 s 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. No civil service status or other right of employment shall accrue to Contractor or its l employees. 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 i performing the Work, provided that Consultant is in compliance with the terms of this l Agreement. Anything in this Agreement that may appear to give' City the right to direct Consultant as to the details of the performance of the Work 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 i t 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 Citys 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' j Consultant is responsible for keeping the Project Administrator and/or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. i Disability Access Consultants; Inc. Page 5 d a i 15. PROHIBIT10N 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 s subcontracted out without the prior written approval of City. Any of the fallowing shall be construed as an assignment: The sale, assignment, transfer or other disposition of s any of the issued and outstanding capital stock of Consultant, or of the interest of any I 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 (26 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, If any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any 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 171 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of Implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any 'other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 172 Documents, including i drawings and 'specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable l 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 I such changes. 1 r i Disability Access Consultants, Inc. Page 6 �i i 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 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 expressly 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including` costs, contained in Consultant's Documents provided under this Agreement, 21. RECORDS Consultant shall keep records and invoices in connection with the Services 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 shah be Disability Access Consultants, Inc. Page 7 r i borne by Consultant. Nothing in this Section is intended to limit City's rights under the J( law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS s S City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST s 25.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be'matedally affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or i participating in making, decisions that will foreseeably financially affect such interest 25.2 If subject to the Act, Consultant shall conform to all requirements of the 3 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, 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, 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: Dave Webb,' Deputy Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3328 Fax: (949) 644 -3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Barbara Thorpe, President {Consultant Firm Name) 720 W. Cheyenne Ave., Suite 220 North Las Vegas, NV 89030 Phone: (702) 649 -7411 Fax: (702) 649 -7417 Disability Access Consultants, Inc. Page 8 +r 27. CLAIMS SF Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort i Claims Act (Government Code sections 900 at seg.). Y t 28. TERMINATION 28.1 in the event that either party falls or refuses to pertorm 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 i reasonably required to cure the default and the defaulting party falls 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effect €ve 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. STANDARD PROVISIONS 29.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and 'federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained "herein shall not be deemed to be a waiver of any subsequent breach of the same' or any other term, covenant or condition contained herein, whether of the same or a different character. Disability Access Consultants, Inc. Page 9 29.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.66 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. 29.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.7 Severabil €ty. 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, 29.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated In court of competent jurisdiction in the County of Orange, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 29.10 No Attome, s Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys fees. 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. l [SIGNATURES ON NEXT PAGE) t i I bisability Access Consultants, Inc. Page 10 i3, Y W WITNESS WHEREOF, the parries have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM. CITY OF NEWPORT BEACH, CITY AT EY' OFFICE A!California municipal corporation 4 Date: Date: By: By: AT arp Nancy Gardner City Attorney Mayor : ATTEST: CONSULTANT: Disability Access Date: Consultants, Inc., a California corporation Date: By: By: i Leilani 1. Brown Barbara Thorpe City Clerk President Date: By: I .Jennie Grover Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services and Billing Schedule Exhibit B - Additional Services and Billing Schedule Exhibit C — Insurance Requirements Al I- DI 358F. lappst caticywmlwpdocs kt024005100011397.doc i i` Disability Access Consultants, Inc. Page 11 ... 14, ; EXHIBIT A SCOPE OF SERVICES AND BILLING SCHEDULE City of Newport Beach Anal$ s& of Current Plan, Survey of &ample Sites forAnA /T AUe 24 Compliance and ADA Self- evafoation Scope of Work Tile Fitt' can Select one or more of the four (4) scopes of work provided below. Each dOilyerable fs priced �,separateiyin the cast'section ofthls propasaL Optlor s 1i 2, Sand 4 include: 4 t 1. Disability. A cess.Conspltants,,lnc. (DAG) wiff conduct a review of the current City of Newport Beach ADA Tmotfon Plarl and,ADA Sel valuation and provide input to the ,City if the current plan appears to contaln nil ofthe required Omoonents. 3 2. DAC pfoppms to ton duct an Audit Of ih6bq6es' si{ �illty suiveyi of five (5)'Sftlesthatworoprof ou'siy inspected by the tlty pf Newport 8tzaoh <(City) M determine if the to gird aCCeSSfhiti components of the Arhericans with Drsabiilties Act (ADA) Standards and 7it(e 24 of the ialffcMla utiding Code were,tnciitdnd.in the pteytously conducted City reports. the audit othe five sit @s by DAC Will ba conducted at the slte 6stng actual site measareihents, tt-fs understood #hat ' $ t In ' In either ca updated ins Site 581ectfa five5� rep Yepa`rt§ com frpm the list DAC,. It is re. salrapleofdi f . Com 2. Libra t. Park #. rues 5: Park, Thei 6lkyran mcltjde in the se, the new surveys of the five (5) selected sites will provide the city With a Comprehensive, pection and DACTrak accessibility management software forthe tiv@ sites. ` n 1 resenta ive s)te's Witt, be inspected by DAG and the findings compared With prior accessibility pleted,bythe,City.� The selection gfthe repeesentatieesites for the `sample audit Will be made of sixty (60) sites from the list cif facilities for the City of Newport iteaeh that was provilded to eommehded that the fatibwtntype,of saes tie utilized for the semplo to get a representative fferanttypes of facilitim it is recommended that the sites lnclude: munity`center rY tatian i d 1 Proposal for Services for the City of Newnnrt Beach ADATransiton Plan option Description price Uptloo 1 DAC completes accessibility surveys in phases, prioritizing the facility, inspections $29,000 fb sites thaf have high use 'by use,or'high us by Individuals with disabilities. This option would not include'rtse'of any CitySiaff Phase 1: High use facilities 1. Police Department 2. NeWport center Ubrary 3, INar`in$rs Stanch'l lbtary (t omplgted by DAC) 4. Corona del Mar Branch library 5, Balbo0r,4n libzary C. City Hall (not included,itue to relooatloti) 7. Utilities D tm eparent S. West NewportCornlisunityCenier 9. , Newport Theater Arts center 70. Oasis Senlor-Center` � i i 1 i Pbose 3: Fire Stations $8,900 1. Fire Station 41 I!j 2. Fire Station 42 3. Fire Station #3 4. Fire Station #4 S. Fire Station #5 6. Fire Station #6 7. Fire Station* 7 (Completed by DAG) Rhase +l:t2emainingCityFacilities $11,50' 1. WestNewportStorageFaclilty 2. MarM6 Oepalft,mentktt 3. lifeguard Headquarters 4. McFadden$quare 5. Doryman'sFishArea 6, Balboa'PJer 7. Balboa Pler:Parkingtot $. Balboa Yacfit'Basih 9. Corona del Mar ' Part in g Iot Booth 10. Junior`16feguarOt -ice 11; OW StreetParkinglot' 32. B "St arkingtot , Total t`Cist Without Public Righti bf Way $95,090 Piiase\l: RufiliG Ridht�^ of Wa}+`(S�dewall r gltalftgtl.i tiet5ec6`44 ,19;000 Acostsavingoptiory Sfortha. CiYj. bfNdwpbrtBaa GhhceosepACirakaitdtiseGiry Pfaff to inspect sii7eWalks and signalized lntersettions; and dther public ;rights nf- way,that come under the jurisdlctido of the pity l diloyving training by:DA6j the +hr ofi Newport Belch etr iloyees can,cpndant then awn rns etEiohs US(11g file AOtxaktablet Dosiihcitrdea, iivedayttinlitg 646ethaeutlfieesoi4ssrciJlttah# onsrtatepplrcationCa�a rdlagthecurr'O ADNItan #ardsrthe2010Standards�iitTe 4 of the CBC and related &e;i.Ifil 4'rdi triel>h tftt3 n additioti'to the u a i5fthe ;t�btet and bcensing,oj`#J4Otak for data riilc EtoO i p7oc ssing .'Cha,.: 4!s S0 ihdudes ,tho cost af, fine hcens to O e. �Girak f1-'years. The , , t' WoOld, . rryrchase .ane ar tri6 ro (ro ta15,l6ts to oomp,106#hejn`jl gbupoi Pive sits Vrbdld b , nspecd ny nA ana Gailiaff ng ttteti anng. Exhibit D - Additional Services and Billing Schedule Disability Access Consultants (DAC) will provide the following services to the City of Newport Beach to enhance their compliance with the ADA 2010 Standards, Title 24 of the California Building Code, California MUTCD and PROWAG: J.. Inspection of 44 miles of sidewalks at a cost of $330 per mile (discounted volume price) for a total of $14,520. The 44 miles of sidewalks were calculated considering both sides of 22 miles of streets. 1 Inspection of approximately 48 intersections at a cost of $200 per intersection (includes all four corners) for a cost of $9,600. t 3. inclusion of sidewalk and intersection inspection reports to the current City of Newport Beach IACrrak Accessibility Management software. DACTrak allows the City to manage and update reports, produce progress reports and produce a variety of other custom reports. (No additional charge) The total cost for Items 1, 2, and 3 is $24,120. The cost includes all expenses. Since DACTrak Is a web based interactive software program, City inspection data is backed up daily and housed In a secure site. Data collected and reports are the property of the City: Following the completion of Items 13, the City will have accessibility reports with findings and recommendations, photographs integrated with each finding and recommendation, estimated cost, code references and management capabilities to Imptementthe barrier removal /transition plan.-Using DACTrak, the City can easityset priorities and estimated dates for barrier removal, followed by actual dates and actual costs. Results of the study will be Incorporated into the DACTrak accessibility management software and categories for streets and intersections will be added to the current City DACTrak program. Submitted June 13, 2012 and authorized by t , Barbara Thorpe, President Disability Access Consultants 2243 Feather River Blvd Oroville, CA 95965 (800)743 -7067 bthome Odac- corn.corp °I F 4 t i I EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these 'requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 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. 1.3 Coverage Requirements. 1.11 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,060,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laves of the State of California, Section 3700 of the Labor Code. C 1.3.1.1 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. 1.3.2 ''General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance'Services - Office form CA 00 01 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 oriented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. [Consultant Firm Name) Page C -1 _ �z 1 1.3.4 Professional Liability (Errors & Omissions) Insurance. 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 k ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant I agrees to maintain continuous coverage through a period no less than three years after I completion of the services required by this agreement. 1.4 Other' Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. tion. Ali 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 f hereby waives its own right' of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies, 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require' contribution from any insurance or self-insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation '(except for nonpayment for which ten (10) days notice is required) or nonrenewai of coverage for each required coverage.; 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence 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 and other endorsements as specified herein for each coverage. 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 Agreement. City reserves the right to require complete', certified copies of all required insurance policies, at any time. 1,5.2 City`s Right to Revise Requirements. The City reserves the right at any time .during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of [Consultant Firm Name] Page C -2 k" s such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.' 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges j 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. t 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. s 1.5.5 Self-insured Retentions. Any self - insured retentions must be declared to and approved by City. city reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall I have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of Insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. t 1.5.7 '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 j Consultants performance under this Agreement, and that involve or may Involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also ;procure and maintain, at its own cost and expense, any additional kinds of insurance, which In its own judgment may necessary for its proper protection and prosecution of the Work. I [Consultant Firm Name] Page C -3 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH I �l DISABILITY ACCESS CONSULTANTS INCORPORATED FOR ADA TRANSITION PLAN SURVEY 1 THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. ONE "), is entered into as of this J_Q.4 day of AW , 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and DISABILITY ACCESS CONSULTANTS INCORPORATED, a California Corporation whose address is 720 W. Cheyenne Ave., Suite 220, North Las Vegas, NV 89030 ( "Consultant "), and is made with reference to the following: RECITALS: A. On February 1, 2012, City and Consultant entered into a Professional Services Agreement ( "Agreement") for survey services for the ADA Transition Plan ( "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 1 of the Agreement shall be amended in its entirety and replaced with the following: Consultant shall diligently perform all the services described in the'Scope of Services and Billing Rates attached hereto as Exhibit A 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. 2. COMPENSATION Section 4.1 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 Scope of Services and Billing Rates attached to the Agreement. Consultant's total compensation for all Work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed One Hundred Fourteen Thousand Nine Hundred Dollars and no /100 ($114,900.00) without prior written authorization from City ( "Total Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3. EXHIBIT A The Agreement shall be deemed amended so that any reference to Exhibit B, Scope of Services, or Schedule of Billing rates shall replaced with Exhibit A, Scope of Services and Billing Rates. 4. INTEGRATED CONTRACT -Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] DISABILITY ACCESS CONSULTANTS INCORPORATED Page 2 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 By: 6 L Aaron . Harp City Attorney ATTEST: n� +o• l CITY OF NEWPORT BEACH, A California Municipal Corporation and Charter City Date: 5111 i L-- By: C l Dave Kiff City Manager CONSULTANT: DISABILITY ACCESS CONSULTANTS INCORPORATED, a California Corporation By: D By: Leilani I. Brown Barbara Thorpe City Clerk President Attachment: Date: `-/ � / Z / /.Z Jennie Grover Secretary [END OF SIGNATURES] Exhibit A — Scope of Services and Billing Rates DISABILITY ACCESS CONSULTANTS INCORPORATED Page 3 ;.ice City of Newport Beach Analysis of Current Plan, Survey of Sample Sites for ADA /Title 24 Compliance and ADA Self- evaluation Scope of Work The City can select one or more of the four (4) scopes of work provided below. Each deliverable is priced separately in the cost section of this proposal. Options 1, 2, 3 and 4 include: 1. Disability Access Consultants, Inc. (DAC) will conduct a review of the current City of Newport Beach ADA Transition Plan and ADA Self - Evaluation and provide input to the City if the current plan appears to contain all of the required components. 2. DAC proposes to conduct an audit of the accessibility surveys of five (5) sites that were previously inspected by the City of Newport Beach (City) to determine if the required accessibility components of the Americans with Disabilities Act (ADA) Standards and Title 24 of the California Building Code were included in the previously conducted City reports. The audit of the five sites by DAC will be conducted at the site using actual site measurements. It is understood that accessibility code requirements may have changed since the City conducted the accessibility inspections. Current findings by DAC will be compared with requirements at the time of the original inspections in order to prepare a valid sample of the findings and recommendations. By conducting comprehensive surveys of the five sites, the City will have made progress towards and updated ADA Transition Plan for five (5) sites, thus documenting current compliance activities. 3. Comparison of the previous City conducted surveys and the recently completed DAC surveys. 4. DAC will conduct an ADA Self- evaluation of City programs, services and activities and will note any discriminatory or potentially discriminatory practices. DAC will also conduct the public input process using the findings from the previous site inspections and the site inspections conducted by DAC. If the previous inspections conducted by the City are deterihined to be inappropriate for public comment, DAC will notify the City contact. The ADA requires opportunities for public input regarding the ADA plan. Results and Findings of the Audit of Sites If the evaluation of the previous accessibility surveys completed by the City are found to include the majority of the required noncompliant items and elements, then the previous surveys will be considered sufficient for inclusion into an ADA transition plan for the City of Newport Beach and no further surveys will be needed by the City. DAC will issue a statement of compliance to the City of Newport Beach stating that the previous inspections include the requirements. If the new surveys conducted by DAC reveal that noncompliant items were not identified in the previous surveys conducted by the City or that other requirements of a Transition Plan were not included, then the City will have the data to determine if additional surveys are needed in order to prepare a valid ADA Transition Plan as required by Title II of the ADA. Proposal for the City of Newport Beach —ADA Compliance In either case, the new surveys of the five (5) selected sites will provide the City with a comprehensive, updated inspection and DACTrak accessibility management software for the five sites. Site Selection Five (5) representative sites will be inspected by DAC and the findings compared with prior accessibility reports completed by the City. The selection of the representative sites for the sample audit will be made from the list of sixty (60) sites from the list of facilities for the City of Newport Beach that was provided to DAC. It is recommended that the following type of sites be utilized for the sample to get a representative sample of different types of facilities. It is recommended that the sites include: 1. Community center 2. Library 3. Park 4. Fire station S. Parking lot The City can select which library, community center, park, fire station and parking lot they would like to include in the sample audit. Proposal for the City of Newport Beach —ADA Compliance Proposal for Services for the CitV of Newport Beach ADA Transition Plan Option Description Price Option 1 DAC completes accessibility surveys in phases, prioritizing the facility inspections $29,000 for sites that have high public use or high use by individuals with disabilities. This option would not include use of any City Staff Phase 1: High use facilities 1. Police Department 2. Newport Center Library 3. Mariners Branch Library (Completed by DAC) 4. Corona del Mar Branch Library 5. Balboa Branch Library 6. City Hall (not included due to relocation) 7. Utilities Department 8. West Newport Community Center 9. Newport Theater Arts Center 10. Oasis Senior Center 11. Carroll Beek Community Center 12. Bonita Creek Community Center 13. Vincint Jorgensen Community Center 14. Lincoln Athletic Center Gym 15. Community Youth Center (Completed by DAC) Phase 2: Parks and similar areas $46,500 1. 151h Street Park 2. West Newport Park 3. West Jetty View Park 4. Westcliff Park 5. Spyglass Hill Park 6. San Miguel Park 7. Peninsula Park 8. Old School Park 9. Newport Island Park 10. Lookout Point 11. Lido Park 12. Las Arenas Park 13. Jasmine View Park 14. Irvine Terrace Park 15. Inspiration Point 16. Harbor View Nature Park 17. Galaxy View Park 18. Eastbluff Park 19. Channel Place Park 20. Buffalo Hills Park -Phase 1 21. Buffalo Hills Park -Phase II 22. Begonia Park 23. Batview Park 24. Bayside Drive Park 25. Cliff Drive Park 26. 3 8`h Street Park , Y /�I o'M 1J Proposal for the City of Newport Beach Phase 3: Fire Stations $8,900 1. Fire Station # 1 2. Fire Station #2 3. Fire Station #3 4. Fire Station #4 5. Fire Station #5 6. Fire Station #6 7. Fire Station # 7 (Completed by DAC) Phase 4: Remaining City Facilities $11,500 1. West Newport Storage Facility 2. Marine Department HQ 3. Lifeguard Headquarters 4. McFadden Square 5. Doryman's Fish Area 6. Balboa Pier 7. Balboa Pier Parking Lot 8. Balboa Yacht Basin 9. Corona del Mar Parking Lot Booth 10. Junior Lifeguard Office 11. "A" Street Parking Lot 12. "B" Street Parking Lot Total Cost without Public Rights of Way $95,900 Phase V: Public Rights of Way (sidewalks, signalized intersections) $19,000 A cost saving option is for the City of Newport Beach license DACTrak and use City staff to inspect sidewalks and signalized intersections and other public rights -of- way that come under the jurisdiction of the City. Following training by DAC, the City of Newport Beach employees can conduct their own inspections using the DACTrak tablet. Costs include a five day training course that utilizes classroom and on -site application regarding the current ADA Standards, the 2010 Standards, Title 24 of the CBC and related accessibility requirements in addition to the use of the tablet and licensing of DACTrak for data collection and processing. The cost also includes the cost of the license to use DACTrak for 3 years. The City would purchase one or more pc tablets to complete the inspections. Five sites would be inspected by DAC and City staff during the training. If the City would like DAC to conduct the inspections, a price can be determined based on the intersections and sidewalks to be inspected. Proposal for the City of Newport Beach PROFESSIONAL SERVICES AGREEMENT WITH DISABILITY ACCESS CONSULTANTS, INC. (� FOR ADA TRANSITION PLAN SURVEY THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this J5)_ day of !�V , 2012 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and, DISABILITY ACCESS CONSULTANTS, INC. a California corporation ( "Consultant'), whose address is 720 W. Cheyenne Ave., Suite 220, North Las Vegas, NV 89030 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to conduct a survey of the current City of Newport Beach ADA transition plan and ADA self - evaluation. C. City desires to engage Consultant to perform survey services for the current ADA Transition Plan ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Barbara Thorpe. 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 December 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A 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 3.1 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. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Five Thousand Dollars and no /100 ($25,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. DISABILITY ACCESS CONSULTANTS, INC. Page 2 4.3.2 Approved reproduction charges. 4.3.3 Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Barbara Thorpe, to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Dave Webb, Deputy Public Works Director, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. DISABILITY ACCESS CONSULTANTS, INC. Page 3 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence 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 DISABILITY ACCESS CONSULTANTS, INC �J Page 4 on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except, to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 14.1 Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. 14.2 Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times DISABILITY ACCESS CONSULTANTS, INC. Page 5 during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the Agreement 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 subcontractors. The cost of such insurance shall be included in Consultant's bid. 14.3 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 14.6 Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 14.7 Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. DISABILITY ACCESS CONSULTANTS, INC. Page 6 14.8 Other Insurance Provisions or Requirements 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 14.8.1.2 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 14.8.1.4 Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. 14.10 Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of 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. DISABILITY ACCESS CONSULTANTS, INC. Page 7 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when DISABILITY ACCESS CONSULTANTS, INC. _ Page 9 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: Dave Webb PUBLIC WORKS DEPARTMENT City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3328 Fax: 949 - 644 -3318 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Barbara Thorpe, President DISABILITY ACCESS CONSULTANTS, INC. 720 W. Cheyenne Ave., Suite 220 North Las Vegas, NV 89030 Phone: 702 - 649 -7411 Fax: 702 - 649 -7417 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been DISABILITY ACCESS CONSULTANTS, INC. Page 10 previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Compliance With all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.8 Controlling Law And Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. DISABILITY ACCESS CONSULTANTS, INC. Page 11 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES NEXT PAGE] DISABILITY ACCESS CONSULTANTS, INC. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE na+P. lZZ. -3/ll By: a (k- Aaron . Harp City Attorney ATTEST: Date:• �a By: b ww - Leilani I. brown City Clerk �771n, CITY OF NEWPORT BEACH, A Californi4lnifiicipal corporation M- 3aum Director CONSULTANT: DISABILITY ACCESS CONSULTANTS, INC., a California Corporation Date: 1T ?'1.1 By: &zz h �nsleti�. 1( Barbara Thorpe President Date: r� By:. Jennie Grover Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates DISABILITY ACCESS CONSULTANTS, INC. Page 13 EXHIBIT A City of Newport Beach Proposal for Services Analysis of Current Plan, Survey of Sample Sites for ADA /Title 24 Compliance and ADA Self- evaluation Scope of Work Scope of Work will include the following four tasks: 1. Disability Access Consultants, Inc. (DAC) will conduct a review of the City of Newport Beach draft ADA Transition Plan and ADA Self- Evaluation and provide input to the City if the draft plan appears to contain all of the required components. 2. DAC proposes to conduct an audit of the accessibility surveys of five (5) sites that were previously inspected by the City of Newport Beach (City) to determine if the required accessibility components of the Americans with Disabilities Act (ADA) Standards and Title 24 of the California Building Code were included in the previously conducted City reports. The audit of the five sites by DAC will be conducted at the site using actual site measurements. It is understood that accessibility code requirements may have changed since the City conducted the accessibility inspections. Current findings by DAC will be compared with requirements at the time of the original inspections in order to prepare a valid sample of the findings and recommendations. By conducting comprehensive surveys of the five sites, the City will have made progress towards and updated ADA Transition Plan for five (5) sites, thus documenting current compliance activities. 3. Comparison of the previous City conducted surveys and the recently completed DAC surveys. 4. DAC will conduct an ADA Self - evaluation of City programs, services and activities and will note any discriminatory or potentially discriminatory practices. DAC will also conduct the public input process using the findings from the previous site inspections and the site inspections conducted by DAC. If the previous inspections conducted by the City are determined to be inappropriate for public comment, DAC will notify the City contact. The ADA requires opportunities for public input regarding the ADA plan. Results and Findings of the Audit of Sites If the evaluation of the previous accessibility surveys completed by the City are found to include the majority of the required noncompliant items and elements, then the previous surveys will be considered sufficient for inclusion into an ADA transition plan for the City of Newport Beach and no further surveys will be needed by the City. DAC will issue a statement of compliance to the City of Newport Beach stating that the previous inspections include the requirements. If the new surveys conducted by DAC reveal that noncompliant items were not identified in the previous surveys conducted by the City or that other requirements of a Transition Plan were not included, then the City will have the data to determine if additional surveys are needed in order to prepare a valid ADA Transition Plan as required by Title II of the ADA. Scope of Work for the City of Newport Beach — ADA Compliance Page 1 of 3 In either case, the new surveys of the five (5) selected sites will provide the City with a comprehensive, updated inspection and DACTrak accessibility management software for the five sites. Site Selection Five (5) representative sites will be inspected by DAC and the findings compared with prior accessibility reports completed by the City. The selection of the representative sites for the sample audit will be made from the list of sixty (60) sites from the list of facilities for the City of Newport Beach that was provided to DAC. It is recommended that the following type of sites be utilized for the sample to get a representative sample of different types of facilities. It is recommended that the sites include: 1. Community center 2. Library 3. Park 4. Fire station 5. Parking lot The City can select which library, community center, park, fire station and parking lot they would like to include in the sample audit. Scope of Work for the City of Newport Beach — ADA Compliance Page 2 of 3 EXHIBIT B Deliverables and Cost Costs are total costs and include all expenses. Deliverables include: 1. Review and analysis of the current ADA Transition Plan and Self- evaluation ($2,200) 2. Accessibility surveys of the five selected sites ($4,800) 3. Comparison of the previous City conducted surveys and the recently completed DAC surveys ($1,200) 4. City of Newport Beach ADA Self- evaluation report *(Note: the cost for DAC to complete the ADA Self- evaluation is $16,800. Total Cost: $25,000 Scope of Work for the City of Newport Beach — ADA Compliance Page 3 of 3 CERTIFICATE ®IF- LIABILITY INSURANCE DATE IMMIDD/(YYY) 12/28/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Department Cavignac &Associates 450 B Street, Suite 1800 San Diego, CA 92101 -8005 License No. OA99520 AIC "No -xtk 619- 234 -6848 aC No :619- 239 -8601 EMAIL ADDRESS: CertificatesNcavi nac.com PRODUCER CUS Ohl DISAB -1 INSURER (S) AFFORDING COVERAGE NAIC q S 2,000,000 INSURED INSURERA: Disability Access Consultants, Inc. 720 W. Cheyenne Avenue 4220 INSURER a: PHILADELPHIA IND INS CO 18058 INSURER C: RE D a occurrence N. Las Vegas, NV 89030 United States - INSURER 0: $ 5,000 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 167739 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP IN SR, Me POLICY NUMBER fMNVDDIYYTYI (MMIDDfYYY`f) LIMITS • GENERAL LIABILITY B4022222820 2/13/2D31 2/13/2012 RRENCE S 2,000,000 X COMMERCIAL GENERAL LIABILITY RE D a occurrence $ 300,000 y one person) $ 5,000 CLAIMS -MADE OCCUR ADV INJURY qAGGREGATE $ 2,000,000 X X GREGATE $ 4,000,000 GENT AGGREGATE LIMIT APPLIES PER: COMP /OP AGG $ 4,000,000 POLICY PRO LOC $ • AUTOMOBILE LIABILITY B4022222820 2/13/2011 2/13/2012 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY(Peraccident) $ SCHEDULED AUTOS HIRED AUTOS X X }�' PROPERTY AGE (Per accident) S X $ NON- OWNEDAUTOS No Company Owned Autos X S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN S E.L. EACH ACCIDENT S ANY PROPRIETOWPARTNEWEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) Ues, describe under SCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT I $ B Professional Liability PHSD600354 3/13/2011 3/13/2012 Each Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach ACORD 101, Additlonal Remarks Schedule, if more specs is required) Additional Insured coverage applies to General and Automobile Liability for City of Newport Beach, it's officers, agents, employees and volunteers per policy form. Waiver of subrogation applies to General and Automobile Liability per policy form. Prof. Liab. - Claims made, defense costs included within limit. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 United States 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 W. Cavignac n 1BRR -2nng ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD EXIGIS - CAvGNAC & ASSOCIATES 157739 All rinhfa ---d Page 2 of 2 AC DATE( MUM D YY) _ 01/20/12 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 endorsements . PRODUCER COMPANIES AFFORDING COVERAGE PAYCHEX INSURANCE AGENCY, INC. 150 SAWGRASS DRIVE COMPA A INSURANCE COMPANY OF PENNSYLVANIA ROCHESTER, NY 14620 877 - 266 -6850 COMPANY B INSURED Paychex Business Solutions, Inc. COMPANY C L/C /F DISABILITY ACCESS CONSULTANTS 911 PANORAMA TRAIL SOUTH ROCHESTER, NY 14625 -0397 COMPANY COVERAOESI, CERTIFICATE NUMBER: I REVISION NUMBER J _ f- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM /DDM) POLICY EXPIRATION DATE(MMIDDNY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PRODUCTS - COMPIOPAGG $ PERSONAL & ADV INJURY $ OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (ANY one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per acndenp $ PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER' S COMPENSATION AND EMPLOYERS' LIABILITY 020394898 06/01111 06/01112 X T.N5 u- orH- 1 EL EACH ACCIDENT $ 1,000,000.00 EL DISEASE - POLICY LIMIT $ 1,000,000.00 EL DISEASE - EA EMPLOYEE S 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Worker's Compensation coverage is provided to only those employees leased to, but not subcontractors of the named insured. Waiver of Subrogation granted in favor of the certificate holder. CERTIFICA'TEHOLDER _ .__ _.. _ .._ CANCELLATION'___ CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD PWC. _ . _ .. _ _ _ � DACORD CORPORATION 7988.____ � Health /Benefits Print Date: January 20, 2012 QlIIQI/1,`-'S1 Policy No. 84022222820 SB- 146932 -D (Ed. 07109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE (READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED —BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to 'bodily injury' or 'property damage" arising out of 'your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'property damage' for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty, unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make In the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or It. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for its own acts or omission or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury* or 'property damage' included within the 'products - completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effector becoming effective during the term of this policy; and 2- Executed prior to the 'bodily injury; 'property damage' or 'personal and advertising injury,' but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured — Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting SB- 146932 -D Page 1 of 5 (Ed. 07109) from your work for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. The insurance provided to the additional insured is limited as follows: (1) The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. (2) The coverage provided to the additional insured by this endorsement and paragraph F.O. of the definition of 'insured contract' under Liability and Medical Expenses Definitions do not apply to 'bodily injury* or 'property damage' arising out of the 'products -completed operations hazard' unless required by the written contract or written agreement. (3) The insurance provided to the additional insured does not apply to 'bodily injury; 'property damage,' or 'personal and advertising injury' arising out of the rendering or failure to render any professional services. b. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or. (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. SB- 146932 -D (Ed. 07/09) SB- 146932 -D (Ed. 07109) This insurance does not apply to 'bodily injury,' 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or municipality. c. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. d. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence' which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. e. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgages, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. f. Owners/Qthen Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any 'occurrence' which takes place after you cease to lease that land; or Page 2 of 5 SB- 146932 -D (Ed. 07/09) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations fallowing: performed by or on behalf of such , Damage ToProperty * additional insured. g. Co-owner of Insured Premises "Property damage' to: A co -owner of a premises co -owned by you t. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co- owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person organization from whom you prevention of injury to a person or property for any reason, including lease equipmea nt. Such parson or organization damage to another`s property; are insureds only with respect to their liability arising out of the maintenance, operation or 2- Premises you sell, give away or use by you of equipment leased to you by abandon, if the 'property damage' such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract 3. Properly loaned to you; or agreement with you for such leased equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any 'occurrence' which takes place performing operations, if the 'property after the equipment lease expires; or damage' arises out of those (2) To 'bodily injury," 'property damage' or operations; or 'personal and advertising injury' arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additonal Insured. replaced because 'your work' was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b, through h. above Paragraph 2 of this exclusion does not does not apply to 'bodily injury' or 'property apply if the premises are 'your work' and damage' included within the 'products - completed were never occupied, rented or held for operations hazard.' rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSIHESSOWNERS COMMON POLICY do not apply to 'property damage' (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other insurance naming the additional insured (2) temporarily occupied by you with the as an Insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days, either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented 4. LEGAL LIABILITY — DAMAGE TO PREMISES To You as described in Section D — A. Under B. Exclusions, 1. Applicable to Liabiiity and Medical Expenses Limits of Business Liability Coverage, Exclusion k. Insurance. SB- 146932 -D Page 3 of 5 (Ed. 07109) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage' included in the 'products- completed operations hazard.' B. Under B. Exclusions, 1. Applicable to Business Lability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, It, I, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage° to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. S. Broad Knowledge of Occurrence The following items are added to E. Busnressowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such 'occurrence,' offense, claim or 'suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured Is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any 'executive officer° or insurance manager, if you or an additional insured is a corporation; SB- 146932 -D (Ed. 07/09) SB- 146932 -D (Ed. 07/09) (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. `Bodily Injury' is deleted and replaced with the following: 'Bodily injury° means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Usbility, Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of: a. The insured; or b. Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.: (16) Discrimination Relating to Room, Dwalling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Page 4 of 5 (16) Fines or Penalties Fines or penalties levied or imposed by a governments] entity because of discrimination. C. This provision (Expanded Personal and Advertising Injury) does not apply to discrimination or humiliation committed in the states of New York or Ohio. Also, Expanded SB- 146932 -D (Ed. 07/09) SB- 146932 -D (Ed. 07/09) Personal and Advertising Injury Coverage does not apply to policies issued in the states of New York or Ohio. D. This provision (Expanded Personal and Advertising Injury) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. Page 5 of 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC as a3 1a (Ed. 4.a4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our paymentss from anyone liable for an inj;.ry covered by (bis policy. NiB Will not enfarce our t;gnt against the parson Cr named in she Schedule. (This agreement applies only Io the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly of Indirsc0y, 10 benofil anyone not named in the Schedule. Schsdule ANY PERSON OR ORGANIZATION FOR WHOM YOU HAVE AGREED IN WRITING PRIOR TO LOSS TO PROVIDE THIS WAIVER, AND THEN ONLY TO THE EXTENT OF SUCH AGREEMENT NAMED INSURED AND ADDRESS PA.YC HEX BUSINESS SOLUTIONS, INC 1175 JOHN STREET WEST HENRIETTA, NY 14a65 Certificate Holder: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 `.his andarsemenF changes the 1mltty le which ills aNached and le aWecuve on the date issued vntasa othermisa slated_ (The Oforritatfan twlm is r"utred only when thlq andonampnt Is issrrod suhsaquonl To proparatlan of the potfcy) Endorsement Effective: June 1st, 2010 Insured Insurance Company Illinois National inswenca Company WC 00 BJ 11 led. 4.841 0 vvm...... Amur. ie Policy No. 012007130 Endorsement No-. Countersigned by. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 1 -06 -12 Dept. /Contact Received From: Tania Date Completed: 2 -01 -12 Sent to: Tania By: Joel Company /Person required to have certificate: Disability Access Consultants Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 2 -13- 11/2 -13 -12 A. INSURANCE COMPANY: National Union 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? Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND Haulers only): COMPLETED OPERATIONS ENDORSEMENT (completed ❑ Yes ❑ No Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City H. NOTICE OF CANCELLATION: ❑ N/A its officers, officials, employees and volunteers): Is it ❑ No included? ® Yes ❑ No I. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No 1I. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 2- 13- 11/2 -13 -12 A. INSURANCE COMPANY: Philadelphia Insurance Co. B. AM BEST RATING (A-: VII or greater) A++: XIV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 CSL E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 2 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 6 -01- 11/6 -01 -12 A. INSURANCE COMPANY: Insurance Company of Pennsylvania B. AM BEST RATING (A-: VII or greater): Not in AM Best. C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 2 -01 -2012 Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract.