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HomeMy WebLinkAboutC-5594 - PSA for Lifeguard Headquarters RehabilitationAMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR LIFEGUARD HEADQUARTERS REHABILITIATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 7th day of July, 2014 ("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROJECT DIMENSIONS, INC., a California corporation ("Consultant"), whose address is 4 Park Plaza, Suite 700, Irvine, CA 92614, and is made with reference to the following: r7aRFE1> A. On August 14, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide construction management services for the lifeguard headquarters rehabilitation project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services set forth in Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached 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 One Hundred Thirty Eight Thousand Five Hundred Twenty Dollars and 00/100 ($138,520.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Eighteen Thousand Five Hundred Twenty Dollars and 00/100 ($18,520.00). 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Project Dimensions, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: �1:? 4 1!1 BY AGYM C - rr3---- Aaron C. Harp City Attorney ATTEST:,, �• 1 Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: % t 0 • I '14 By: Q I-P=� Rush N. Hill, II Mayor CONSULTANT: Project Dimensions, Inc., a California cor oration Date: wix /14/' By: Oukj By: Leilani I. Brown George City Clerk Preside 0 [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements reterson nd Secretary Project Dimensions, Inc. Page 3 Project Dimensions, Inc. Page A-1 ­'g>PROJE(�T DlmuNsioNs ING jure 18, 2014 Attention: Fong Tse, Principal Engineer Public Works City of Newport Beach 100Civic Center Drive PO box 1768 Newport Beach, CA 92658 Project: City of NewportBoach Life Guard HQ Rehabilitation Facility Re: Contract Chang1 QEdgt'_.R to Project Dimensions hereby requests a Change Order (t#7) to. 1 t Professional Services Contract.dated August 14111, 2013 with the City of Newport Reach, The primary reasons for this'Change Order are as follows: ➢ Project hours have had to increase due to significant changes in the Contractors required work approved by the City 8 Unforeseen conditions with structural "(subgrade) changes added significant hours as well as numerous RFI's (60) which involved more coordination time. > Electrical. plan issues which involved significant coordination with SCE and modification to meters, transformers and switchgear, > Additional time needed with the Structural Engineer because of unforeseen structural tssues 3? Additional tithe needed to coordinate the project Architect's design changes with the City and Contractor. > Additional time required to coordinate communications systems. and IT requirements with City, its vendors, contractor and the contractor sibs. > The original budgeted amount For Project Dimensions time and materials services has been expended, > Project Dimensions has inCUrred additional Reimbursable Cost for Inspection Services (Sub Consultant to PDI) at the request of the city: Revised Schedule for completion of PD1 Services for this Project: jute 15th. 2015 Requested Change Order Amount (#1): $ 520 ($15,000 to lie billed Time and Materials and $352© for rehrib rrsable costs incur red to fare a specialty inspectorfor the project as requested by the City) Approved by: 4 Park Plata, Sutte 700 Irvine, CA 47614 p: (W)476.2246 t: (149)476-85Z0 vrww.prufertdinwcrstons.cnivr TO: FROM PREPARED BY: PHONE: TITLE: CITY OF NEWPORT BEACH City Council Staff Report July 8, 2014 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director- (949) 644-3330, dawebb@newportbeachca.gov Fong Tse, Assistant City Engineer 949-644-3321 Amendment No. 1 to the Professional Services Agreement with Project Dimensions for the Lifeguard Headquarters Rehabilitation Project Contract No. 4869 (CAP12- 0008) ABSTRACT: Construction engineering and inspection services for the Lifeguard Headquarters Rehabilitation Project are currently being provided by Project Dimensions, inc. The approval of Professional Services Agreement Amendment No. 1 with Project Dimensions is needed to ascertain the remaining construction activities are completed in accordance with the Project Documents and the applicable building codes. RECOMMENDATION: Approve Amendment No. 1 to the Professional Services Agreement with Project Dimension, Inc. of Irvine, California, at a cost not to exceed $18,520.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: Contract costs will be expensed to the Lifeguard Headquarters Rehabilitation Project Account No. 7414- C1002037 as follows: Vendor Purpose Amount Project Dimensions, Inc. PSA Amendment No. 1 $ T18,52-0 _:.00 Total: $ 118,520.00 DISCUSSION: The City entered into a professional services agreement (PSA) in September 2013 with Project Dimensions, Inc. for a contract amount of $120,000.00 to perform construction engineering and inspection services for the Lifeguard Headquarters Rehabilitation Project. During the course of construction, some changed field conditions such as framing deficiencies were discovered when construction crews opened up all the walls of the existing facility. This in turn necessitated additional steel structural modifications and a couple of additional M concrete piers. This additional effort by the contractor also required additional oversight. As a result, the scope of work and costs detailed in the Project Dimensions PSA needs to be amended to reflect the actual work required to complete the project. 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). ATTACHMENTS: Description Attachment A - Amendment No. 1 to the PSA with Project Dimensions, Inc. 109 ATTACHMENT A AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR LIFEGUARD HEADQUARTERS REHABILITIATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 7th day of July, 2014 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROJECT DIMENSIONS, INC., a California corporation ("Consultant"), whose address is 4 Park Plaza, Suite 700, Irvine, CA 92614, and is made with reference to the following: RECITALS A. On August 14, 2013, City and Consultant entered into a Professional Services Agreement ("Agreement") to provide construction management services for the lifeguard headquarters rehabilitation project ("Project"). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Scope of Services set forth in Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 2. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached 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 One Hundred Thirty Eight Thousand Five Hundred Twenty Dollars and 00/100 ($138,520.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Eighteen Thousand Five Hundred Twenty Dollars and 00/100 ($18,520.00). 110 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Project Dimensions, Inc. Page 2 111 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: By`\/ Aaron C. Harp City Attorney ATTEST: Date: M1 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation By: David A. Webb Public Works Director CONSULTANT: Project Dimensions, Inc., a California corporation By: George E. Peterson President and Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Project Dimensions, Inc. Page 3 112 EXHIBIT A SCOPE OF SERVICES Project Dimensions, Inc. Page A-1 113 w PROJECT DIMENSIONS`"` June 18, 2014 Attention: Fong Tse, Principal Engineer Public Warks City of Newport Beach 100 Civic Center Drive PO box 1768 Newport Beach, CA 92658 Project: City of Newport Beach Life Guard HQ Rehabilitation Facility Re: Contract CIiangt_0Lc.Lq.rBgquest #1 Project Dimensions hereby requests a Change Order (#1) to its Professional Services Contract dated August 14111, 2013 with the City of Newport Beach, The primary reasons for this Change Order are as follows: Y Project hours have had to increase dueto significant changes in the Contractors required work approved by the City Unforeseen conditions with structural (subgrade) changes added significant hours as well as numerous 11171's (60) which involved more coordination time. ➢ Electrical plan issues which involved significant coordination with SCE and modification to meters, transformers and switch gear, ➢ Additional time needed with the Structural Engineer because of unforeseen structural issues Addltio d time needed to coordinate the project Architect's design changes with the City -and Contractor. Additional time required to coordinate communications systems and IT requirements with City, its vendors, contractor and the contractor subs. Y The original budgeted amount for Project Dimensions time and materials services has been expended, ➢ Project Dimensions has incurred additional Reimbursable Cost for Inspection Services (Sub Consultant to PD1) at the request of the City. Revised Schedule for completion of PDI Services for this Project: June 15t11. 2015 Requested Change Order Amount (#1): JM5 0 ($15,000 to be billed Time and Materials and $3520 for reimbursable casts incurred to hire a specialty inspector for the project as requested by the City) Approved by: 4 Park Plaza, Suite 700 Irvine, CA 92611 p: (949)1764246 f: (949)476.85Z0 www.projcctdimenslons.com 114 PROFESSIONAL SERVICES AGREEMENT WITH PROJECT DIMENSIONS, INC. FOR LIFEGUARD HEADQUARTERS REHABILITATION THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 14th day of August, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and PROJECT DIMENSIONS, INC., a California corporation ("Consultant'), whose address is 4 Park Plaza, Suite 700, Irvine, California 92814, 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 engage Consultant to provide construction management services for the lifeguard headquarters rehabilitation project (`Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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: The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform Services attached hereto as Exhibit A and or "Work"). City may elect to delete certain sole discretion. 3. TIME OF PERFORMANCE all the services described in the Scope of incorporated herein by reference ("Services" Services within the Scope of Services at its 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. 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. 3.2 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) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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 One Hundred Twenty Thousand Dollars ($920,000.00), 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) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit 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. Project Dimensions, Inc. Page 2 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 George E. Peterson 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 City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Principal Civil Engineer or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator 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. 8. STANDARD OF CARE 8A 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. Project Dimensions, Inc. Page 3 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, 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 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise under this Agreement or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Project Dimensions, Inc. Page 4 civil service status or other right of employment shall accrue to Consultant 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 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. 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 co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting Project Dimensions, Inc. Page 5 power or twenty-five percent (25%) or more of the assets of the corporation, partnership orjoint-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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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 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. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall Project Dimensions, Inc. Page 6 be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 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 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 Project Dimensions, Inc. Page 7 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 designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this 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 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 ProjectDimensions, •-: business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Fong Tse, Principal Civil Engineer Public Works City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Steve Sandland Project Dimensions, Inc. 4 Park Plaza, Suite 700 Irvine, CA 92614 27. CLAIMS 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. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). _3 Cu k_ •, 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. ProjectDimensions, Page 9 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 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. Project Dimensions, Inc. Page 10 29.9 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. 29.10 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. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 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) Project Dimensions, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: 0 15 h By: uc) Aaron C. Harp City Attorney ATTEST: q Date: By: Leilani I. Brown City Clerk L'9 C! FOR: CITY OF NEWPORT BEACH, a California municipal corporation Date: ".l1,,.1.., By: Dave \� City Manager CONSULTANT: Project Dimensions, Inc., a California corporation Date: 1014-/3 By: George Preside [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements /eterson nd Secretary Project Dimensions, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Project Dimensions, Inc. Page A-1 Scope of Work for the City of Newport Beach Lifeguard Headquarters Rehabilitation Project July 8, 2013 Information reviewed: Walk thru of the Facility with City staff on 8125/2013 65% Pians 65% Specifications Preliminary Plan review Comments dated 4/17/13 Public Works Comments on Plans (Undated) PRECONSTRUCTION PHASE (July 2013 thru September 20131 1. Prepare a detailed CPM schedule that identifies the pre -construction and construction activities required to design, permit, bid, and construct the renovation of the Lifeguard Headquarters (LGHQ). 2. Review design documents and meet with the City staff and design team to understand the design intent. 3. Implement a Document Control System to track all documents associated with the project. 4. Work with the City to prepare a site logistics plan for the construction including contractor laydown area, parking, and delivery areas. 5. Work with the City to prepare a contingency plan forweather, high tides, and high surf. 6. Implement a process for issue resolution to keep the project moving forward. 7. Prepare a phasing plan that could allow the partial use of the structure. 8. Prepare a milestone schedule and a scheduling specification section for inclusion in the bid documents. 9. Work with the design consultants to conduct a constructability review of the project. 10. Create a list of unit prices for certain work that will be included with the bid documents. 11. Assist the design team to obtain all City permits and Regulatory Agency approvals. 12. Represent the City as Its Construction Manager for the project, CONSTRUCTION PHASE (October 2013 thru May 2014) 13. Assist the City in the bidding process and selection of the Contractor. 14. Review the Contractor's Schedule of Values for accuracy and inclusion of all aspects of the Work 15. Implement a Field Condition notification and tracking system 16. Work with the design Team and the City to develop solutions to unanticipated conditions that are uncovered during construction. 17. Oversee all aspects of the Construction Contracts including obtaining insurance certificates, bonds (if required), RFIs, and submittals. 16. Review and evaluate Contractor payment requests and Invoices and if acceptable, submit them to the City for payment. 19. Maintain a complete filing system of all construction related correspondence and other project records. 20. Implement industry accepted software for monitoring budgets with respect to cost -to - date, submitted schedule of values, and cost -to -complete analysis. Report information to the City staff. 21, prepare periodic CPM schedule updates to Identify the current completion status and forecast future milestone activities identified in the project schedule. Report information to the City staff. 22. Conduct all project construction meetings and oversee all aspects of the construction process to ensure that work is in compliance with approved plans, specifications, and costs. 23. Prepare monthly status reports and submit them to the City staff 24. Observe the progress and quality of construction to assure the City's objectives are achieved, including follow-up on all punch list items to assure timely completion. 25. Manage turnover of spaces to City operations for installation of FF&E. 26. Coordinate necessary project testing and inspections„ including MEP equipment start-up and required Commissioning Services. Work with Contractor to obtain Certificates of Occupancy. 27. Manage the closeout process including confirming turnover of drawings, equipment maintenance information, and warranties to the City staff. Obtain final unconditional lien releases with final project payment. EXHIBIT B SCHEDULE OF BILLING RATES Project Dimensions, Inc. Page B-1 I)ROJECT DIMENSIONS"'` Lifeguard Headquarters Rehabilitation Project Clty of Newport Beach: CA Rate Schedule for Professional Services ,Effective January 9s; 2093 PDI will perform that work identified on the Scope of Work on an Hourly Basis at the following rates: Classification President $240.00 Vice President/Principal in Charge $180.00 Senior Project Manager $170.00 Project Manager $160.00 Senior Construction Manager $140.00 Construction Manager $130.00 Administrative and Clerical $75.00 Reimbursable Expenses Expenses will be reimbursed at rate of cost plus 10%. Typical reimbursement costs consist of the following: Travel and subsistence, outside consultants, printing costs, postage and delivery charges, permits and fees, testing and inspections. Mileage will be billed at the most current IRS standard mileage rate. Expenses that exceed $250 will require the prior approval of the Owner before being incurred. In House Reprographics will be billed as follows: Documents 8.5x11 BW $.10/page, documents 8.5x11 color $.50/page, documents 11x17 BW $.25/page, documents 11x17 color $1.001page. Any reprographics done outside will be cost plus 10%. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. 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. B. 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, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, 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. C. 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 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 Project• •' vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, 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. C. 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. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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 Project Dimensions, Inc. Page C-2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. 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. F. 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. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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. Project Dimensions, Inc. Page C-3 Acc�xzc�® CERTIFICATE OF LIABILITY INSURANCE DATEt Yt 0 812 0/2 01 2013 5 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policyp") must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condiUona Of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holier In lieu of such endomseme s . PRODUCER iAG Insurance Services 12 Mauchly Building! Irvine CA 92616 CONTACT John Kookoolsedes '_.__..�_.r� PHONE a EMI949 387 - 2323 ilra.94B)387-2324 Oka q, ylESS J9k(iagins.com ... SU„ RERI!<J APPOROINa COVaRAQ,¢ NAJCr INSURERA, Valley ForgeinsuranosCompany WSVRED Project Dimensions Inc 4 Parc Plaza Suite 700 Irvine CA 92614 INOMNER a; State Compensation Insurance Fund WpRERc: Landmark American Insurance Company N gRER 0: IN 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 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 IjL TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICYEPR POLICY E% GENERAL LIABILITYEACH OCCURRENCE S 2,000,000 X COMMERCIAL GENERALUASILITY CLAMS -MADS OCCUR j S- 300,000 MED EXP oM y 10,000 PERSONAL SADVINJURY_ 2,000,000 A X X 5086092400 4/112013 411/2014 GENERAL AGGREGATE 4,000,000 GM AGGREGATE LiAIrT APPLIES PER: GDS PROOXTS-5OMPX7P ACG {i POLICY F7 PFMCT LOO I s AUTOMOBILE LIABILITY COMINE INGLELMIT 1,aoa,000 %� ANY AUTO _—` BODILY INJURY IPW peroN S A IEO X ED ASLIBLED qR HIREDAUTOS X AWUNOS X X 5066011475 4/1/2013 I 4/1/2014 SOCILY INJURY JPwnodde,t) S PROPERTY DAMAG£ S ^� S UItsaouL ilABOCCUR EACHOCC RR NCE AGGREGATE $ EXCESS LNa CLAIMS -MACE I t WORKERS COMPENSATION I X WC STATIA OThi. B AND EMPLOYERS' LAMM ANY PROPRISTORIMATNERaXECUTNE N OFFICEPMEMeERExCLUDEbv [Maxidary NIA X 138162713 ( 1/112013 1 1/112014 E.L. EACH IDEM S 1,000,000 E.L. DISEASE -EA EMPLOYE 1,ODO,000 E.L. DISEASE -POLICY LIMIT S 1,040,000 LWR820588 3/19!2013 I 1 4112014 $2.ODO,000 per Claim aril! Aggregate C Architects and Engineers Professional Liability DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (Admab ACORD lDr,Addifla" R� SW*duN, K mon spam M mHnnur City of Newport Beach, Its elected or appointed officers, agents, officials, employees and volunteers are additional Insured as regards work provided to the City by the Insured. Waiver of Subrogation Is provided for General Liability, Auto and Workers Comp, Primary and Non-contributory wording applies to the General Liability. 30 days Notice of Cancellation except for 10 days for Non -pay. City of Newport Beach Attn: Pat Thomas, Public Works Dept. 100 Civic Center Drive Newport Beach, CA 92660 ACORD 25 (2010105) SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. /i/ . s emA— ACORD CORPORATION. All rights reserved. The • name and logo ate registered marks of ACORD on CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 8/16/13 Dept./Contact Received From: Vladimir Date Completed: 9/20/13 Sent to: Vladimir By: Chris/Renee Company/Person required to have certificate: Project Dimensions Inc Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1/13 to 4/1/14 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AM BEST RATING (A-: VII or greater): A:XV C. ADMITTED Company (Must be California Admitted): INSURANCE COMPANY: Valley Forge Insurance Company Is Company admitted in California? ® Yes ❑ 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 ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): is it included? (completed Operations status does ® Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 1,000,000 Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) its officers, officials, employees and volunteers): is it F. included? ® Yes ❑ No I, PRIMARY & NON-CONTRIBUTORY WORDING (Must be Haulers only): included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured ❑ NIA ❑ Yes ® No is not limited solely by their negligence) Does endorsement NOTICE OF CANCELLATION: include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No IL AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4/1113-4/1/14 A. INSURANCE COMPANY: Valley Forge Insurance Company B. AM BEST RATING (A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M 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/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/13 to 1/1114 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): Not Rated 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 NOa WHICH ITEMS NEED TO BE COMPLETED? 9/20/13 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ❑ WA ® Yes ❑ No ® NIA ❑ Yes ❑ No ® Yes ❑ No 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: •. Risk Management * Subject to the terms of the contract. CERTIFICATE OF LIABILITY INSURANCE DA(MMIDAMM 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 so 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 con* rights to the PROOUCIIA iAG Insurance Servicers 12 Maurhly Building I INSURED Pmfect Dimensions Inc 4 Park Pians SuNe 700 COVERAAFB r:FRTIFlr:ATF NIHIAP : REVISION NUMBER: THIS 1$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TME INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH 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, EXCLUSIONSAND SHOWN DstaRA.NOE ITIONS OF SUGH;AaoL�susli"LIMITS 5HOWN MAY HAVE BEEN PAID CLAIMS AUTHORIffiD REPAEMAITATAAI ..-- - t' '(,/ ✓fj%�/fj .,._ ... ...............REDUCEDBY piacvy....... .._.„,..,........ _._,�..__._.._ Li88T8 "NEPAL MOWW } �oA'd'€etNrEo >i I COMMERCIAL GENERALu>elur �i'REat{SES1E � _. 3IX7004 r,�.Anza,unoE jY. c+ecux A ' X X W86092400 j 7 men ".A ..�amre 1. 1 s ! 41112013 41IP2014 PERSONAL AADy INJURY 's 94000 2,000,000 .._ 1 $ODD GOD_ ---J __........ ........._....,..__._„-. ,,,,,,___.,....,,._., ENENAL AGGRS f ..-tS SPER ..,....1 LIMIT APPLIES GEHLAGGY yPROr%1CT6-COMPxM nGG b 4000000 _GflNLA . s ;PRD. LX, Au''''rjjjjwtasn,s UAaurr GGMPnNEn alrml E LIMIT ',led O _.... k 1000000 ANY AUTO i D I eOOILY ININ?Y iPer persm) S ,cooILY A ALL �ACHWULRD X X 50SW11475 NOIV OWNED �, � 4/112013 4/112014 INwRY {Fa ecaaam3 S "PRbPERTV DAMAGE g y, m HINWAVIOS AlROB I 4 i8 [tMtaREtAA tAAa OCCUR ( I _ i j_EA6H 4GCUARENCS s -' ixGessLaw .. ClfiiMS-A4+.DE� } .AGGnGRTE 6 ...., _ ....�.. DED REtELMONS s WORNENa COMPSNSATAYH 1 SRH ANO EMPLOYER$' UAMTY Y t N. j t}tTe ' 1,000,0M ANY PaOWStaiORNARTNER+FXEGUTVE B OFFICERAI MSER EXCLUDED? [K,NIA X 1381627.13 E L EACHACCICENL $ - 11112043 111Y2014 7• '.IMAM+r<u7MNN) { E L DISEASE �F,�,4EAj,FLCYR6_ 1,000,000 ❑r AA ddrenGa aMrer F I (E.L. OLiEA6-Gd.IC! I IT I 1,Otl0,0D0 Architects and Engineers C Professional Liability , LHR$2068 3119/2013 1 4/112014 i DESCRIPTION OF ONN ATIDNS i LOCATIONS IVENICLESRAaNeh ACORD 161, AdlSgoaal AW MAS Sd, d .s It mow sm"is Mq~i City of Newport Beach, as officers. officials, Employees and volunteers are A,dd@ional insureds as regards work provided to the City by the mSUREd. Waiver of Subrogation is provided for General Liability, Auto and Workers” Compensation. Primary and NowContnbulory wording applies to the General and Auto Lwbihy. M Days Notice of Cancellation Except 10 days for norr pay. CrRTiFICA.TP lint nrR CANCFLLATInN '._..s 01980.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010606) The ACORD name and logo are registered marks of ACORD 21? , $NOULO ANY OF THE ABOVE D£$CRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELTVERED IN 1 DO Civic Center Drive ACCORDANCE WITH THE POLICY PROVISION$, Newport Beach CA 82660 AUTHORIffiD REPAEMAITATAAI ..-- - t' '(,/ ✓fj%�/fj '._..s 01980.2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010606) The ACORD name and logo are registered marks of ACORD 21? , CNA Connect Bus. Owners - Design One CNA Connect Endorsement Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO B 5086092400 VALLEY FORGE INSURANCE COMPANY 04/01/2013 04/01/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 AGENCY NUMBER AGENCY NAME AND ADDRESS 069538 IAG INSURANCE SERVICES 12 MAUCHLY, BUILDING I IRVINE, CA 92618 Phone Number: (949)378-2578 BRANCH NUMBER BRANCH NAME AND ADDRESS 244 SAN DIEGO BRANCH 1455 FRAZEE ROAD SAN DIEGO, CA 92108 Phone Number: (619)682-3550 This policy becomes effective and expires at 12:01 A.M. standard time at your mailing address on the dates shown above. This endorsement changes your policy. Please read it carefully. This Endorsement Results In No Change In Premium. The Named Insured is a Corporation. Audit Period is Not Auditable INSURED Page 1 of 3 POLICYNUMBER INSURED NAME AND ADDRESS B 5086092400 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 ADDITIONAL INTEREST SCHEDULE LOCATION N/A BUILDINGN/A The following has changed on your policy effective 08/21/2013 Type: Owners , Lessees or Contractors Additional Interest Name and Address: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS 100 CIVIC CENTER DRIVE NEWPORT BEACH CA 92660 INSURED Page 2 of POLICY NUMBER INSURED NAME AND ADDRESS B 5086092400 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 FORMS AND ENDORSEMENTS SCHEDULE The following list shows the Forms, Schedules and Endorsements by Line of Business that are a part of this policy. COMMON The following forms have been added to your policy, effective 08/21/2013 FORM NUMBER FORM TITLE G56015B 11/1991 ENDORSEMENT EFFECTIVE 08/21/2013 G56015B 11/1991 ADDITIONAL INSURED AND WAIVER OF SUBROGATION SCHED Countersignature V seerefar� Chaff man of the Board SB -146895-A (Ed. 01/06) INSURED Page 3 of 3 POLICY NUMBER INSURED NAME AND ADDRESS B 5086092400 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 POLICY CHANGES ENDORSEMENT EFFECTIVE 08/21/2013 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Additional Insured has been amended: Form #: SB300120C Title: Owner, Lessee or Contractors Name and Address: The City of Newport Beach, its officers, officials, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 It is agreed that the waiver of Subrogation has been amended in favor of the following name: Form #: SB300022B Title: Waiver of Subrogation Name: The City of Newport Beach, its officers, officials, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 V s�re4j+— Charman of ft 8mrd G-56015-B (ED. 11/91) POLICY NUMBER INSURED NAME AND ADDRESS B 5066092400 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 POLICY CHANGES ADDITIONAL INSURED AND WAIVER OF SUBROGATION SCHEDULE This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. ADDITIONAL INSURED AND WAIVER OF SUBROGATION The City of Newport Beach, its officers, officials, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 T l� `t. N wc— Chalrmw of ft Board G -56015-B (ED. 11/91) �3-'Wary C-�.'/_l SB -300022-B (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE Name Of Person Or Organization: City of Brea The City of Newport Beach, its officers, officials, employees and volunteers to complete this Schedule, if not shown on this endorsement, This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS We waive any right of recovery we may have against. 1. Any person or organization shown in the Declarations; or 2. Any person or organization with which you have a contract that requires such a waiver. S&300022 -B Inciudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 (Ed. 07/09) Copyright, Insurance Services Office. Inc., 2002 CNA Business Auto Endorsement Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO B 5086011475 VALLEY FORGE INSURANCE COMPANY 04/01/2013 04/01/2014 333 S. WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 AGENCY NUMBER AGENCY NAME AND ADDRESS 069538 IAG INSURANCE SERVICES 12 MAUCHLY, BUILDING I IRVINE, CA 92618 Phone Number: (949)378-2578 BRANCH NUMBER BRANCH NAME AND ADDRESS 244 SAN DIEGO BRANCH 1455 FRAZEE ROAD SAN DIEGO, CA 92108 Phone Number: (619)682-3550 This endorsement changes your policy. Please read it carefully. This endorsement results in no change in premium. Audit Period is Not Auditable INSURED Page 1 of 2 POLICY NUMBER INSURED NAME AND ADDRESS B 5086011475 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 FORMS AND ENDORSEMENTS SCHEDULE The following forms have been added to this policy. FORM NUMBER FORM TITLE G56015B 11/1991 ENDORSEMENT EFFECTIVE 08/21/2013 G56015B 11/1991 ADDITIONAL INSURED AND WAIVER OF SUBROGATION SCHED The following forms have been changed. FORM NUMBER FORM TITLE CA2048 02/1999 Designated Insured Countersignature Secreta ry Chairman W the Board P -55748-B (Ed. 12/90) INSURED Page 2 of 2 POLICY CHANGES ENDORSEMENT EFFECTIVE 08/21/2013 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Additional Insured been amended: Form #: CA2048 Title: Designated Insured or Organization Name and Address: The City of Newport Beach, its officers, officials, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 It is agreed that the Waiver of Subrogation has been amended in favor of the following name: Form #: 923186B Title: Waiver of Subrogation Name: The City of Newport Beach, its officers, officials, employees and volunteers 100 Civic Center Drive Newport Beach, CA 92660 Chapman of the Board G -56015-B (ED. 11/91) V seue4 +— POLICY NUMBER INSURED NAME AND ADDRESS B 5086011475 Project Dimensions Inc 4 PARK PLZ SUITE 700 IRVINE, CA 92614 POLICY CHANGES ADDITIONAL INSURED AND WAIVER OF SUBROGATION SCHEDULE This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. ADDITIONAL INSURED AND WAIVER OF SUBROGATION The City of Newport Beac officials, employees and 100 Civic Center Drive Newport Beach, CA 92660 Ch.i MCf the 8o G -56015-B (ED. 11/91) t, its officers, volunteers U sw e I CNA POLICY NUMBER: COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative SCHEDULE Name of Person(s) or Organization(s): CITY OF BREA THE CITY OF NEWPORT BEACH, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1