HomeMy WebLinkAboutC-8020-1 - PSA for Lower Sunset View Park Concept DesignPROFESSIONAL SERVICES AGREEMENT
WITH T.Y. LIN INTERNATIONAL FOR
LOWER SUNSET VIEW PARK CONCEPT DESIGN
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 13th day of September, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and T.Y. LIN INTERNATIONAL, a California corporation ("Consultant'), whose
address is 404 Camino del Rio South, Suite 700, San Diego, California 92108, 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 preliminary engineering services for
the development of conceptual plans for Lower Sunset View Park ("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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). 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. 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 Five Thousand Three Hundred Twenty Five Dollars and 00/100
($125,325.00), 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
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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 Robert Barton, P.E. 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
Public Works Director 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
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
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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
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conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 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.
8.3 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, 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, 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
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
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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
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
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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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information 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 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
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indemnify Consultant for damages and liability resulting from the modification or misuse
of such CADD data. All original drawings shall be submitted to City in native and .pdf
format. 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
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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
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 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
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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: David A. Webb, Public Works Director
Public Works Department
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: Robert Barton, P.E.
T.Y. Lin International
404 Camino del Rio South, Suite 700
San Diego, CA 92108
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.).
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.
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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. PREVAILING WAGES
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. In accordance with the
California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the
Work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the Agreement. A copy of said determination is available by calling
the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation
thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
T.Y. Lin International Page 10
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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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]
T.Y. Lin International Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORJ� ' / FFICE
Date: [
By:
Aaron C. Harp SIS
City Attorney
ATTEST' /�"
Date: a� l V
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corpora�ktion /
Date: 'V/dr_
n
By:
Diane B.
Mayor
CONSULTANT: T.Y. Lin International, a
California corporation
Date:
Signed in Counterpart
F.R. Clark Fernon
Vice President
Date:
Signed in Counterpart
By:
Veronica Fennie
Chief Accounting Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
T.Y. Lin International Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR.NEOY'S� FFICE
Date: [[
By:
Aaron C. Harp a�
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONSULTANT: T.Y. Lin International, a
California corporation
F.R. Clark Fernon
Vice President
Date: 9/g!/&
By:
Veronica Fenn
Chief Accounting Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
T.Y. Lin International Page 12
EXHIBIT A
SCOPE OF SERVICES
T.Y. Lin International Page A-1
SCOPE OF WORK
Applicable Standards
All work process and products subject to this Agreement shall be completed in
accordance with the most recent version of the applicable codes for the planning level
documents. In addition, the project shall consider to the following design and
environmental standards:
• City of Newport Beach Standards and Specifications
• Caltrans Highway Design Manual
• Caltrans Memos to Designers
• AASHTO A Policy on Geometric Design of Highways and Streets, 2004 Edition
Deliverables
All work products are subject to review and approval by the City of Newport Beach
("City'). The Consultant shall provide the City with sufficient time and opportunity to
review and comment on all deliverables prior to final publishing and/or submittal. As
such, all deliverables shall be provided to the City in draft and final versions.
Unless otherwise noted herein, the Consultant shall provide: draft submittals to the City
in an acceptable digital format and all final documents in both paper and digital (both
PDF and native) formats.
Work Plan
Following is a complete work breakdown for the preliminary engineering phase of the
project.
The following conventions are noted. Where the subject is implied, it shall be assumed
to refer to the Consultant. Use of the word, "City", shall refer to the City of Newport
Beach.
Task 1.0 — PROJECT MANAGEMENT
1.1 PROJECT MANAGEMENT, SCHEDULES, AND ADMINISTRATION
The Consultant shall maintain contact with the City and team members to keep the lines
of communication open and to facilitate and ensure successful project completion. The
Consultant shall:
• Establish and implement a project document/correspondence management and
distribution system to assure that information flows between all parties of the
project as intended.
• Communicate regularly with City using telephone, email, written correspondence,
and face-to-face meetings as further described in Section 1.2 below.
• Develop a Project Work Plan (PWP), including goals and objectives, staff
organization, scope, budget, project number identifiers, and develop
communication and project management control plans.
• Maintain a project contact list with names and contact information for all
interested parties.
• Maintain a project document retention system.
Project Schedule
The Consultant shall prepare a Project Schedule based on a work breakdown structure
(WBS) that will include tasks of all parties involved in the project and will take into
account agency staff review time. The schedule shall include the following information:
• Task dependencies as predecessors and successors
• Anticipated task durations with beginning and end dates
• Critical path with milestones
• Responsibility and accountability assignments
The Consultant shall update the schedule to manage/monitor work progress. A draft
schedule shall be submitted to the City for review and comments. After acceptance by
the City, the approved schedule shall be retained as the baseline. Updates shall be
provided to the City on a monthly basis.
The Consultant shall clearly communicate task durations and deadlines to the project
team, and keep a strong focus on critical path items. The Consultant shall monitor and
update the schedule to track critical tasks and prioritize the Consultant's work effort to
ensure that the key milestones are met.
Deliverable(s): Project Schedule (baseline and monthly thereafter)
Project Administration
The Consultant shall monitor and control the effort and progress of the work as follows:
• Prepare subconsultant agreements: The Consultant shall execute contracts
with the proposed subconsultants for the scope of services described herein.
• Monitor subconsultant progress and review/approve invoices: The
Consultant shall track the work progress of the proposed subconsultants and
review their invoices for format and content compliance.
• Prepare monthly progress reports and client invoices: During the term of the
Agreement, the Consultant shall be responsible for reporting progress to the City
on a monthly basis to keep the project schedule up to date and ensure the
project team is in concurrence. Consultant shall submit a monthly progress report
to accompany invoices. The reports will include a narrative on work
accomplished during the reporting period; work planned for the next reporting
period; information/decisions required to maintain the project schedule and
complete deliverables; decisions needed that may affect the schedule, budget,
and anticipated work items; recommendations to resolve issues; and, budget
status.
Deliverable(s): Monthly Progress Reports
1.2 MEETINGS
The Consultant shall organize, schedule, and chair meetings and conference calls as
necessary to provide progress updates, coordinate between technical disciplines, and
facilitate overall project communication. For each meeting, the Consultant shall prepare
meeting agendas and minutes. Meeting agendas will be submitted to the City for review
two (2) working days prior to the meeting. Meeting minutes shall be distributed to all
attendees within five (5) working days after the meeting. Meeting minutes shall include,
but not be limited to, a list of attendees with phone numbers and email, a synopsis of
discussion items, any pertinent information, action items, and follow-up to action items.
The following meetings are anticipated for this project.
1.2.1 Pre -Design Meeting
At the start of the project, the Consultant shall organize a pre -design
meeting/kick-off field meeting with key personnel on the project. The purpose of
this meeting will be to review the goals and objectives of the project, discuss
each team members roles and responsibilities, identify critical project issues and
obtain consensus on task durations, particularly reviews. The pre -design meeting
will help to ensure that everyone on the project team is on the same page and
functioning with the same understanding regarding project delivery and
execution. Part of the meeting will be held in the field to facilitate consensus on
the improvement approach at the bridge site.
1.2.2 City Council Meetings
The Consultant shall prepare for and attend up to two (2) City Council Meetings.
Consultant shall prepare all necessary exhibits and PowerPoint slides for the
presentations.
1.2.3 Parks, Beaches, and Recreation (PB&R) Meetings
The Consultant shall prepare for and attend up to two (2) PB&R Commission
Meetings. Consultant shall prepare all necessary exhibits and PowerPoint slides
for the presentations.
1.2.4 Project Design Meetings
The Project Design Meetings will serve as the primary forum for reviewing the
status of the project and identifying and resolving project issues. Attendees will
include the Consultant's Project Manager, Consultant task leads as needed, City
staff, and other stakeholders as necessary. Throughout the anticipated duration
of the project design phase, the Consultant shall facilitate and attend regularly
scheduled Project Design Meetings based on the following schedule:
• From project initiation through completion of concept studies a maximum
of ten (10) teleconferences. Meetings Agendas, Minutes, and Action Items
will be provided.
1.2.5 Community Outreach Meetings
The Consultant shall attend up to two (2) Community Outreach Meetings. The
Consultant shall present conceptual plans to various community groups as
scheduled and facilitated by the City.
Deliverable(s):
• Agendas
• Special Exhibits
• Minutes
1.3 QUALITY ASSURANCE/QUALITY CONTROL (QA/QC)
The Consultant shall establish and implement a QC process to ensure that all
deliverables are complete and accurate, including but not limited to, ensuring that
deliverables, exhibits, and plans are checked, corrected, and back -checked. The
Consultant shall review subconsultant submittals to ensure that appropriate background
information, study methodology, interpretation of data, format and content are
completed in accordance with the scope of work. Transmittals for all deliverables shall
include the name(s) and contact information of the person(s) involved in ensuring
quality deliverables.
Deliverable(s): Document Transmittals with QC reviewer contact information
TASK 2.0 ENGINEERING REPORT
2.1 SURVEYS
Limited topographic field surveys will be performed to provide survey data for critical tie-
in points and other features obscured by vegetation or shadows. For the purposes of
this proposal, one (1) eight-hour field days have been allotted for this subtask.
Deliverable(s):
• Supplemental Topographic Field Survey Data in AutoCAD 2015 format
• Survey Field Notes
2.2 UTILITY COORDINATION
Consultant will perform utility coordination for this project. To verify the existence and
location of existing utilities in the project area, the Consultant shall send a Utility 'A'
Package to all utility companies serving the project area. The Utility 'A' Package will
consist of the following materials:
• A vicinity map capturing the boundaries of all potential construction work
• A base plan showing project limits, existing survey, centerlines, rights-of-way,
and other pertinent survey information such as poles and utility boxes.
• A letter on City letterhead requesting that each utility owner:
• Mark their facilities on the base plans
• Provide the name for the utility representative and contact information
• Provide as -built or record information of the location, size, and depth of each
utility company's facilities within the study boundaries
• Information regarding prior rights and planned utility construction that might affect
the project also will be requested
• Based on the information collected, the Consultant shall prepare an exhibit for
use in identifying utility conflicts with the proposed improvements.
• Utility potholing is not included in this Scope of Work.
Deliverable(s):
• Utility'A' Package
• Utility Exhibit
Through the Project Design Meetings, the City and Consultant team will establish site
constraints, opportunities, and areas of further investigation to guide the concept
development. Guidance may be provided from existing studies, input from the City
Council, PB&R, and community meetings, as directed by the City. The Consultant shall
develop a maximum of three (3) alternative concept designs for consideration based on
the information available and the guidance discussed previously. A single alternative
concept plan is considered to include one or both bridge crossings (Superior and West
Coast Highway). The Consultant will create a three dimensional model of the final
concepts for presentation. The Consultant shall produce high-quality 3D color
renderings of the final concepts and mount on poster boards for presentation and
discuss at various City and community meetings.
TASK 3.0 — CONCEPT PLANS
3.1 PEDESTRIAN/BICYCLE BRIDGE/STRIPING MODIFICATIONS
3.1.1 15% Planning Concepts
The Consultant will prepare three (3) preliminary concept plans for the Superior
and/or West Coast Hwy Bridge which will be coordinated with other design
elements, such as the recreational area and parking structure.
These plans will be developed from digital topographic data provided to the team
by others. Plans will be prepared at a scale of 1 "=20' to depict the design intent.
Deliverable(s): 15% Planning Concepts
3.1.2 15% Planning Concept Cost Estimates
The Consultant will provide an estimate of probable construction costs for the
proposed Pedestrian/Bicycle Overcrossing and Roadway Striping modifications.
Up to three (3) separate estimates will be prepared for each of the concepts
noted above. An order of magnitude cost estimate will be provided for each
concept.
Deliverable(s): 15% Planning Concept Cost Estimate
3.2 PARKING GARAGE
3.2.1 15% Planning Concepts
The Consultant will:
• Analyze site/property information including, but not be limited to: zoning
requirements; any setbacks that might be required; Establish the
preliminary location and layout of entry/exit driveways as they relate to
ingress and egress of the project, potential queuing of traffic, general
traffic flow, and the number of entry/exit control lanes needed, based on
input from the City.
• Prepare up to three (3) conceptual parking solutions based on various
circulation, ramping and vertical -flow systems. Produce CADD drawings
at an appropriate scale based on the project base mapping.
Deliverable(s): 15% Planning Concepts
3.2.2 15% Planning Concept Cost Estimates
The Consultant will provide conceptual estimate of probable construction costs
for the proposed parking structure. Separate estimates will be prepared for each
of the concepts noted above, if needed.
Deliverable(s): 15% Planning Concept Cost Estimates
3.3 LANDSCAPE AND RECREATIONAL AREA PLANS
3.3.1 15% Planning Concepts
DEA will prepare preliminary recreational area concept plans for the area located
between the parking structure and upper Sunset View Park and will include site
amenities, and landscape improvements which provide a seamless transition
from the newly constructed, 13.7 -acre active park site. These plans will be
developed from digital topographic data provided by the City. DEA will also
perform a physical assessment of the project area to determine the placement of
elements which impact the overall design including circulation, parking and the
proposed pedestrian/bicycle bridge. Plans will be prepared at a scale of 1 "=20' to
depict the design intent. Up to three (3) varying concept plans will be prepared;
however, minor modifications may be required based on access given the
number of conceptual plans prepared for the entire project which includes a
pedestrian/bicycle bridge and 180 -stall parking structure to accommodate park
visitors. Plans will be prepared in color for presentation purposes (plan view
only).
Deliverable(s): 15% Planning Concepts
3.3.2 15% Planning Concept Cost Estimates
DEA will provide an estimate of probable construction costs for the proposed
recreational area improvements. Up to three (3) separate estimates will be
prepared for each of the concepts noted above. An order of magnitude cost will
be provided for each concept.
Deliverable(s): 15% Planning Concept Cost Estimates
ASSUMPTIONS
This scope of work constitutes our current understanding of the project. Other
tasks not specifically addressed in this proposal are excluded, but can be
negotiated if desired. Certain assumptions have been made in preparing the
Scope of Work and Schedule of Billing Rates. To the extent possible, they are
stated herein and are reflected in the Schedule of Billing Rates. If the actual total
effort required is substantially different from that estimated, as based on our
understanding of the project and the assumptions presented herein, it is
anticipated that Consultant and City will revise the Scope, schedule, and budget
accordingly, by way of an amendment to the Agreement.
• Existing design drawings, "as -built" drawings, design plans, reports, and
specifications for planned, existing, adjacent and affected facilities will be made
available to Consultant by City. The Consultant and the City assume that the
information provided on these documents is accurate for the continuation of the
design process, unless otherwise noted by City.
• Adequate utility records are available, and will be furnished by City or the utility
owner/operators. Consultant will rely upon such records without independent
verification. Consultant cannot be held liable for consequences arising from the
discovery during construction of undocumented or incorrectly located buried
utilities.
• Application for, processing, payment of any fees associated with, and obtaining
any regulatory permits applicable for this project is excluded unless specifically
included in Consultant's Scope and budget.
• Meeting notices and facilities for the PB&R and Community Outreach Meetings
will be provided by and arranged by the City.
PROJECT TEAM
T.Y. Lin International (TYLI) has assembled a team with the full complement of technical skills and capabilities to support the
City of Newport Beach (City) on the Lower Sunset View Park Extension project. Our team members have delivered a large
variety of pedestrian bridge projects beginning from inception through to construction completion. It is through this diversity
of experience that uniquely positions the TYLI team to not only design the conceptual alternatives, but also effectively present
them to the City and the community for project acceptance.
TYLI Project Manager, Robert Barton, PE will serve as the City's primary representative. Mr. Barton has over 15 years of experience
in structural and civil engineering and is adept at managing complex projects requiring multiple disciplines. Serving as TYLI
Principal -in -Charge and Deputy Project Manager is Jim Rucker, PE, who has over 27 years of bridge engineering experience.
He has the relevant and local knowledge to support this project as an alternate representative, should it be necessary.
Ourteam's organization chart is shown below, followed by staff resumes and theirspecific responsibilities. For anticipated total
effort in the project, as specified in the Request for Proposals (RFP), please refer to the Design Budget section of this proposal.
Organization Chart
Bridge Design
Robert Sokolowski, PE
Bridge Architecture/
Lighting/Rendering
Hunter Ruthrouff
Bridge Constructability/
Cost Estimating
Wade Durant, PE
Parking Structure Design
James Krapf, PE
Parks/Landscape
Kim Rhodes, PLA' Q
Civil Design
Eric Johnson, PE
Roya Golchoobian, PE
Supplemental Surveying
(if needed)
Robert Vasquez, PLS'
LEGEND 1 David Evans and Associates, Inc.
Key Personnel
SCHEDULE OF BLCL WG RATES
T.Y. Lin International Page B-1
TYLININTERNATIONAL
SCHEDULE OF FEES
ENGINEERING
Senior Principal Engineer
Principal Engineer ...........
Supervising Engineer .......
Senior Engineer II .............
Senior Engineer I ...............
Engineer II ..........................
Engineer I ...........................
AssistantEngineer..................................................................................................................................$126.uu
........... .........................$115.Uu
CivilEngineer.........................................................................................................................................$118.00
DesignTechnician III.............................................................................................................................$145.00
DesignTechnician II ................................................. .........................................
........... .........................$115.Uu
DesignTechnician I.................................................................................................................................$81.00
EngineeringIntern...................................................................................................................................$60.00
ARCHITECTURAL
Senior Architect .....................
ArchitectII ..............................................................................................................................................$150.00
ArchitectI ............................................. ................ ........... ........... ..................... ........................................ $118.00
ENVIRONMENTAL
Environmental Services Manager
CONSTRUCTION
Principal Construction Engineer.........................................................................................................$260.00
Senior Construction Engineer II...........................................................................................................$185.00
SeniorConstruction Engineer I............................................................................................................$160.00
ConstructionEngineer...........................................................................................................................$140.00
Assistant Construction Engineer/Inspector.......................................................................................$120.00
ADMINISTRATION
Project Accountant .............................
Administrative ...................................
Vehicle Mileage
Construction Engineers/Inspectors are provided with trucks equipped with rotating amber safety beacons and
toolboxes containing the necessary hand tools required during construction inspections. Specialty equipment, if
required, may be billed separately upon mutual agreement of the Parties.
Hourly charges include provision for normal office overhead costs, such as office rental, utilities, insurance, clerical
services, equipment, normal supplies and materials, and in-house reproduction services. Other expenses such as
special consultants or purchased outside services will be billed at cost plus 10 percent.
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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 City Council,
boards and commissions, 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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
T.Y. Lin International Page C-1
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents,
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, its City Council, boards and commissions, officers, agents,
employees and volunteers 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
T.Y. Lin International 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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
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.
T.Y. Lin International Page C-3
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.
T.Y. Lin International Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/22/16 Dept./Contact Received From: Raymund
Date Completed: 9/22/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: TY Lin International
Type of contract: All Other
I. GENERAL LIABILITY
® N/A
EFFECTIVE/EXPIRATION DATE: 3/1/16-3/1/17
❑ No
A.
INSURANCE COMPANY: Hartford Fire Ins Co
❑ Yes
B.
AM BEST RATING (A-: VII or greater): A+: XV
❑ NIA
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
INV2M
E.
ADDITIONAL INSURED ENDORSEMENT—please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
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:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/16-3/1/17
A. INSURANCE COMPANY: Hartford Fire Ins Co
B. AM BEST RATING (A-: VII or greater) A+: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
N/A
Haulers only):
® N/A
❑ Yes
❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A
❑ Yes
® No
H. NOTICE OF CANCELLATION:
❑ NIA
® Yes
❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 3/1/16/3/1/17
A. INSURANCE COMPANY: Hartford Underwriters Ins Co.
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 $1 M or greater) 1 M
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 EFF 3/1/16-3/1/17
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Aliiant Insurance Services
Broker of record for the City of Newport Beach
9/22/16
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 $) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.