HomeMy WebLinkAboutC-3481(A) - PSA for The Marine Studies Center on Shellmaker Island (Back Bay Science Center BBSC)(for Architectural Services)PROFESSIONAL SERVICES AGREEMENT
FOR
THE MARINE STUDIES CENTER ON SHELLMAKER ISLAND
THIS AGREEMENT, entered into this aSday of at
2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter
referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine
Avenue, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant"), is
made with reference to the following:
Rl=rITAI C
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 plans to develop a Marine Studies Center on Shellmaker Island in the
City of Newport Beach ("Project")
C. City desires to engage Consultant to provide architectural services for
Project upon the terms and conditions contained in this Agreement.
D. The principal member of Consultant for purpose of Project is Ron Yeo.
E. City has reviewed the previous experience and evaluated the expertise of
Consultant, has solicited and received a proposal from Consultant, and
desires to contract with Consultant under the terms and conditions provided
in this Agreement.
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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 c>? ?7L day of
2002, and shall terminate on the 20 day of June 2004, unless
terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall retain subconsultants and diligently perform conceptual design
architectural services for Project as proposed in Exhibit "A" until that time when a final
scope of architectural services may be accurately determined. City may then negotiate a
completion of architectural services contract with Consultant.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and
incorporated herein by reference. No rate changes shall be made during the term of this
Agreement without prior written approval of City. Consultant's compensation for all work
performed in accordance with this Agreement shall be on a time and materials basis only,
including all reimbursable items and subconsultant fees, and shall not exceed the total
contract price of one hundred thousand dollars and no/100 ($100,000).
3.1 Consultant shall maintain accounting records of its billings which includes
the name of the employee, type of work performed, times and dates of all work which is
billed on an hourly basis, and reimbursable expenses and services, including
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independent contractors, subconsultants, reproductions, photocopying, printing, postage,
mileage, etc.
3.2 Consultant shall submit monthly progress invoices to City payable by City
within thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive compensation for extra work without prior
written authorization of City.
3.4 City shall reimburse Consultant only for those actual costs or expenses,
which have been authorized by this Agreement, or specifically approved in advance by
City. Such reimbursement shall be limited and shall include nothing more than the
following costs or expenses incurred by Consultant:
A. The actual costs of independent subcontractors and subconsultants for
performance of any of the services which Consultant agrees to render
pursuant to this Agreement which have been approved in advance by City
and granted in accordance with the terms and conditions of this Agreement.
B. Actual costs and/or other costs and/or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the services required by this Agreement and that it will
perform all services in a manner commensurate with the community professional
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standards. All services shall be performed by qualified and experienced personnel who
are not employed by City nor have any contractual relationship with City. Consultant has
or shall obtain all licenses, permits, qualifications and approvals required of its profession.
4.2 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, failure of City to furnish timely information or to promptly
approve or disapprove Consultant's work, delay or faulty performance by City,
contractors, or governmental agencies, or any other delays beyond Consultant's control.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed
to constitute 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
details and means of performing the work provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement which may appear to give City
the right to direct Consultant as to the details of the performance of the services or to
exercise a measure of control over Consultant shall mean that Consultant shall follow the
desires of City only in the results of the services.
6. COOPERATION
City has retained the services of Gail P. Pickart, PE, to provide project
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management services for Project. Consultant agrees to work closely and cooperate fully
with Project Manager, Project Administrator, and any other agencies, which may have
jurisdiction or interest in the work being performed. Project Manager and Project
Administrator agree to cooperate with Consultant on Project.
7. PERSONNEL
Consultant shall act as Project Architect and shall be available to City and Project
Manager at all reasonable times during term of Project. Consultant shall not bill any
services to Project other than in those classifications identified in Exhibit "B", whether or
not considered to be key personnel, without City's prior written approval by classification
and hourly billing rate. Consultant shall not remove or reassign any personnel designated
in this Section or assign any new or replacement personnel to Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect to
removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants it will continuously furnish the necessary personnel to complete
Project as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement.
Consultant shall not be responsible for delays which are due to causes beyond
Consultant's reasonable control; however, in the case of any such delay in the services to
be provided for Project, each party hereby agrees to provide notice to the other party so
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that all delays can be addressed.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and Project Manager
informed on a regular basis regarding the status and progress of the work, activities
performed and planned, and any meetings that have been scheduled or are desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or
omissions of Consultant, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement, excepting only the
active negligence or willful misconduct of City, its officers or employees, and shall include
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attorneys' fees and all other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
work, Consultant shall obtain and provide and maintain at its own expense during the
term of this Agreement policy or policies of liability insurance of the type and amounts
described below and satisfactory to City. Certification of all required policies shall be
signed by a person authorized by that insurer to bind coverage on its behalf and must be
filed with City prior to exercising any right or performing any work pursuant to this
Agreement. Except workers compensation and errors and omissions, all insurance
policies shall add City, its elected officials, officers, agents, representatives and
employees as additional insured for all liability arising from Consultant's services as
described herein.
Insurance policies with original endorsements indemnifying Project for the
following coverages shall be issued by companies admitted to do business in the State of
California and assigned Best's A- VII or better rating:
A. Worker's compensation insurance, including "Wavier of Subrogation"
clause, covering all employees and principals of Consultant, per the laws of
the State of California.
B. Commercial general liability insurance, including additional insured and
primary and non-contributory wording, covering third party liability risks,
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including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other
form with a general aggregate is used, either the general aggregate shall
apply separately to this Project, or the general aggregate limit shall be twice
the occurrence limit.
C. Commercial auto liability and property insurance, including additional
insured and primary and non-contributory wording, covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services, to
be performed in connection with this Agreement in the minimum amount of
One Million Dollars ($1,000,000).
Said policy or policies shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days' prior notice has been given in
writing to City. Consultant shall give City prompt and timely notice of claim made or suit
instituted arising out of Consultant's operation hereunder. Consultant shall also procure
and maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, which
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
in
City, on behalf of any insurer providing workers compensation, comprehensive general,
and automotive liability insurance to either Consultant or City with respect to the services
of Consultant herein, a waiver of any right of subrogation, which any such insurer of said
Consultant may acquire against City by virtue of the payment of any loss under such
insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any of the services to be performed under this Agreement, directly or indirectly, by
operation of law or otherwise without prior written consent of City. Any attempt to do so
without consent of City shall be null and void.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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 as against Consultant and City
assumes full responsibility for such changes unless City has given Consultant prior notice
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and has received from Consultant written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless City authorizes the release of information.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. Copies of all existing record information on file at City. Consultant shall be
entitled to rely upon the accuracy of data information provided by City or
others without independent review or evaluation. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's work
schedule.
B. Blueprinting, CADD plotting, copying and other services through City's
reproduction company for each of the required submittals. Consultant will
be required to coordinate the required submittals with City's reproduction
company. All other reproduction will be the responsibility of Consultant and
as defined above.
C. Usable life of facilities criteria and provide information with regards to deficient
facilities.
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18. ADMINISTRATION
The Public Works Department will administer this Agreement. Lloyd Dalton, PE,
shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. Consultant shall be entitled to receive
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interest on any withheld sums at the rate of seven percent (7%) per annum from the date
of withholding of any amounts found to have been improperly withheld.
21. 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 would have
resulted if there were not errors or omissions in the work accomplished by Consultant, the
additional design, construction and/or a restoration expense shall be borne by Consultant.
Nothing in this paragraph is intended to limit City's rights under any other sections of this
Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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
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Section.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in
this Agreement shall not be assigned, transferred, contracted or subcontracted without
prior written approval of City.
25. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
Lloyd Dalton, PE
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658-8915
(949) 644-3328
Fax (949) 644-3308
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Ron Yeo
Ron Yeo, FAIA Architect, Inc.
500 Jasmine Avenue
Corona del Mar, CA 92625
(949) 644-8111
Fax (949) 644-0449
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26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default
and the defaulting party fails to give adequate assurance of due performance within two
(2) days after receipt by defaulting party from the other party of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, the
nondefaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement by giving seven (7) days' prior written notice to Consultant as provided
herein. Upon termination of this Agreement, City shall pay to Consultant that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective
date of termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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
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different character.
29. 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 hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
30. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his
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 contractor bids or actual cost to City.
31. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in responsible charge of 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
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indemnify Consultant for damages and liability resulting from the modification or misuse of
such CADD data.
All drawings shall be transmitted to the City in the City's latest adopted version of
AutoCAD in ".dwg" file format. All written documents shall be transmitted to the City in
the City's latest adopted version of Microsoft Word and Excel.
32. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and
employees against liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in Consultant's
drawings and specifications provided under this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
APPROVED AS TO FORM:
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CITY OF NEWPORT BEACH
A municipal corporation
By: !�'c
Mayor Tod W. Ridg ay
Nis] ►1'i11_WTI aI
EXHI.BIT "A:"
MARINE STUDIES CENTER & WATER QUALITY LAB - SHELLMAKER ISLAND
TASK 1. PRE -DESIGN, PROGRAMMING AND DATA REVIEW.
A. Conduct geotechnical investigation
B. Conduct utility and survey reports and plans
C. Review reports and study the constraints & feasibility of the project
D. Re -confirm or revise the various building program needs with the Department of Fish & Game,
The OCHCA Water Quality Lab., the City of Newport Beach, O.C. Harbors Beaches and Parks,
PFRD & the Newport Bay Naturalists and Friends.
E. Review and comment on the proposed location of the temporary water quality lab.
TASK 2. SITE PLAN
A. Refine the Conceptual Master Site Plan to fit within the constraints of the site, based upon the
Survey results.
B. Cooperate & coordinate with the Department of Fish & Game's consultant for the habitat
restoration, trails and site.
C. Review plans with the "steering committee" and Coastal Staff.
TASK 3. SCHEMATIC DESIGN
A. Based upon the approved building program, develop schematic floor plans for the structure.
B. Cooperate & coordinate with the Department of Fish & Game's consultant for the basic scope &
needs for the tidepool and aquarium exhibits.
C. Cooperate & coordinate with the Department of Fish & Game's interpretive & exhibit designer
and incorporate their space needs.
D. Interview departments and jointly develop an equipment, furniture and fixture list.
E. Determine the utility needs.
F. Review flood requirements and develop preliminary grading concepts.
G. Obtain commitment and goals for sustainable energy designs from the "clients".
H. Prepare a statement of probable construction costs.
I. Review with the "steering committee" and Coastal Staff.
TASK 4. PRELIMINARY DESIGN DEVELOPMENT
A. Based upon the approved schematic design, develop preliminary floor plans for the structures.
$C Coordinate the aquarium component needs.
C. Develop preliminary sections and elevations for the structures.
D. Develop building material and roof design options.
Develop preliminary building systems for structural, mechanical, plumbing, electrical and
communications and integrate the aquarium/tidepool utility system developed by others.
X. Refine the site plan.
G. Develop preliminary grading and utility plan
H. Update building statement of probable costs.
I. Construct a rough study model of the building in order to increase the understanding of the
massing and proportions of the building.
J. As an additional option construct a refined model of the building for fund raising purposes.
K. Prepare a rendering of the facility as viewed from Dover Shores.
L. Review with the "steering committee", Coastal Staff and the Dover Shores Association.
TASK S. APPROVALS
A. Cooperate and coordinate with City's environmental project manager consultants for obtaining a
mitigated negative declaration and focused initial study, approval in concept" and the Coastal
Development Permit.
TASK 6. CONSTRUCTION DOCUMENTS
A. Now that the final scope of the project is finalized, prepare a fixed fee for the construction
document, bid and construction phases.
EXHIBIT "B"
MARINE STUDIES CENTER & WATER QUALITY LAB - SHELLMAKER ISLAND
SCHEDULE OF FEES - RON YEO FAIA ARCHITECT, INC.
2002
PRINCIPAL ARCHITECT
$ 120.00/HR.
STRUCTURAL ENGINEERING
110.00/HR.
PROJECT ARCHITECT
85.00/HR.
SENIOR DESIGN ARCHITECT
75.00/HR.
DESIGN ARCHITECT
65.00/HR
SENIOR DRAFTSPERSON/DESIGNER
55.00/HR.
INTERMEDIATE DRAFTSPERSON/DESIGNER
50.00/HR.
APPRENTICE DRAFTSPERSON/DESIGNER
40.00/HR.
PROFESSIONAL ADMINISTRATIVE STAFF
40.00/HR.
PER DIEM/OUT OF SOUTHERN CALIFORNIA = $1000/DAY + EXPENSES.
REIMBURSABLE EXPENSES x 1.15
1. TRAVEL COSTS ON BEHALF OF THE PROJECT (SITE VISITS, CONFERENCE, ETC.)
AT .30/MILE.
2. COMMUNICATIONS AND DELIVERY ON BEHALF OF THE PROJECT.
3. FEES PAID FOR SECURING APPROVALS FROM AUTHORITIES.
4. EXPENSE OF REPRODUCTION, CAD PLOTTING, PICK-UP AND DELIVERY.
- 5. SPECIALIZED SUBCONSULTANTS.
6. SPECIAL INSURANCE REQUIREMENTS.
7. DETAILED COST ESTIMATES.
8. RENDERING & MODELS
ACCRDT. CERTIFICA7 'OF LIQ
PRODUCER RECEI
Dealey, Renton &Associates
P. O. Box 10550
Santa Ana, CA 92711-0550 APR 0 4 ?002
714 427-6810
INSURED Public Works--Departmer
Ron Yeo FAIA Architect I r City of Newport Beach
500 Jasmine Ave
Corona Del Mar, CA 92625
COVERAGES
L I TY I N S U R NCE DATE (MM/DD/Y
04/01/2002 Y)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A: United States Fidelity & Guaranty
INSURER B: American Equity Specialty
INSURER C:
INSURER D. --------------- - - _ -.
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR - POLICY EFFECTIVE iPOLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY
'., LIMITS
A GENERAL LIABILITY BKO0865774 06/01/01 L, 06/01/02
EACH OCCURRENCE - _$1,000,000
X COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Anyone fire)___,$11000,000
CLAINiS idIADE OCCUR
MED EXP (Any one person) $10,000
PERSONAL & ADV INJURY $1,000,000
_ !
GENERAL AGGREGATE s2,000,000
GEN'L AGGREGATE LIM ITAPPLIES PER:
PRODUCTS -COMP/OPAGG 52,000,000
PRO-
POLICY JECT LOC
A AUTOMOBILE LIABILITY BKO0865774 06/01/01 06/01/02
COMBINED SINGLE LIMIT
$1,000,000
ANY AUTO
(Ea accident)
ALL OWNED AUTOS
- -- -
BODILY INJURY
SCHEDULED AUTOS
(Per person) S
X HIRED AUTOS
- - --
--
'BODILY INJURY
X NON -OWNED AUTOS
(Per accident) $
-------------- --
PROPERTY DAMAGE
$
(Per accident)
GARAGE LIABILITY !
AUTO ONLY - EA ACCIDENT $
ANY AUTO
EA ACC S -__--
,OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY ,i
EACH OCCURRENCE '�, $
- OCCUR CLAIMS MADE ��,
AGGREGATE - S
DEDUCTIBLE
— — $ --
RETENTION S
$
WORKERS COMPENSATION AND'.
WC STATU- ! OTH- ,
.__ fURY LllviiT$ E5._.
EMPLOYERS' LIABILITY
_--------_._ _-- -____--
E.L. EACH ACCIDENT 5-
E.L. DISEASE - EA EMPLOYEE' $
E.L. DISEASE -POLICY LIMITS
B OTHER Prof. Liab. PSO4012336 06/07/01 06/07/02
$1,000,000 per claim
Claims Made
$1,000,000 ann agg
Incld Prior Acts
$5,000 ded per claim
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Architectural operations for Marine Studies Center, Shellmaker Island
The City, its officers, agents, officals, employees and volunteers are
named as additional insured on the General Liability
* 10 day notice of cancellation for nonpayment of premium
V Gflllrll,MlG IIV LVCfI HUUIIIUNALIIVJUHt U;lNbUHtHLtIItH: IrHIV IiCLLH I IVIV IenU NOtICOTor NOn-vayment Premium
SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL%)(R§ MXTPMAIL*30 DAYS WRITTEN
Attn: Lloyd Dalton NOTICE TOTHE CERTIFICATE HOLDER NAM EDTOTHELEFT, BXX5A XWJZJd?j0V%QjRMXX
3300 Newport Blvd.o�xxa�x�e�trc�cszxxo�wtaWcxxxQxxnrrcnaxar�axxotnx�c►tos�axtzaXxx�cxxx
Newport Beach, CA 92658-8915
ACORD 25-S (7/97)1 of 1 #S79Rd7/MRn7QR
LIAI I (� CORD CORPORATION 19AR
Policy Number: 13xo0865774
Owners Lessees or Contractors (Form B)
ADDITIbNAL INSURED
Change(s) Effective: 04/01/2002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Newport Beach
Attn: Lloyd Dalton
3300 Newport Blvd.
Newport Beach, CA 92658-8915
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work" for that insured by or for you.
The City, its officers, agents, officals, employees and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
SEVERABILITY OF INTEREST:
IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS
COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED
AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS
BROUGHT.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CL/BF 22 40 03 95
ACOR ,. CERTIFICATL
OF LIABILITY INSURAV ,E
DATE
PRODUCER
Serial # B1252
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
P.P.I.B.
2244 W. COAST HWY., SUITE 200
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
NEWPORT BEACH, CA 92663
EACH OCCURRENCE $
LICENSE NO. 0641361INSURERS
-
AFFORDING COVERAGE
--- -
INSURED RON YEO, FAIA ARCHITECT, IN
a
INsu ERA: AMERICAN ZURICH INS CO
500 JASMINE AVE.
CORONA DEL MAR, CA 92625
APR O 5 2002
INsu ER B: -
INsu ER C.
INS ER D:
NS ER E:
Public Works Departure
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
— - — — - _— —
ILTR NSR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION DATE (MWDDNY) LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one fire) $
CLAIMS MADE II OCCUR
MED EXP (Any one person)
$
T- - — -
'PERSONAL 6 ADV INJURY
GENERALAGGREGATE $
FGEN'L AGGREGATE LIMIT APPLIES PER:
-- __
PRODUCTS -COMP/OP AGG
$
PRO- r
POLICY I PRO-JECT LOC
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
ANY AUTO
(Ea accident)
$
ALL OWNED AUTOS
BODILY INJURY $
-j
SCHEDULED AUTOS
(Per person)
HIRED AUTOS
I
BODILY INJURY
NON -OWNED AUTOS
(Per accident) $
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
f-- -
- --I
---- - --
OTHER THAN EA ACC $
-----_---
AUTO ONLY: f_---_---
AGG $
EXCESS LIABILITY _ _
EACH OCCURRENCE
$
OCCUR LJ CLAIMS MADE
P
�-
AGGREGATE
$
is
DEDUCTIBLE
$ ---
$
RETENTION $
WORKERS COMPENSATION AND 12043719
9/1/01
9/1/02
X WC STATU- OTH- 1
ER
'
TORY LIMITS _- _
A ,EMPLOYERS'
LIABILITY
__
E.L. EACH ACCIDENT $ 1000000
E.L. DISEASE - --- �i 000.7(-0
to EMPLOYEE] y
�
i
E.L. DISEASE - POLICY LIMIT $ 1000000
�
OTHER
i
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
MARINE STUDIES CENTER, SHELLMAKER ISLAND
- r - I --n AUUI I IUNAL INSUHEU; INSURER LETTER: GANUrLLA I IUN
THE CITY OF NEWPORT BEACH
ATTN: LLOYD DALTON
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92658-8915
ACORD 25-S (7/97)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
REPRESENTATIVE
n Ar•nDn ieoo
WC 252 (ED. 4-84)
WC 04 03 06 (ED. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED
EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS A DIFFERENT
DATE IS INDICATED BELOW.
(THE FOLLOWING "ATTACHED CLAUSE" NEED BE COMPLETED ONLY WHEN
THIS ENDORSEMENT IS ISSUED SUBSEQUENT TO THE PREPARATION OF
THE POLICY)
THIS ENDORSEMENT, EFFECTIVE ON 04/09/02 AT 12:01 A.M. STANDARD
TIME, FORMS A PART OF POLICY NO. 2043719 OF THE AMERICAN ZURICH
INSURANCE COMPANY ISSUED TO RON YEO, FAIR ARCHITECT, INC.
WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE
FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR
RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE
SCHEDULE. (THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU
PERFORM SERVICES UNDER A WRITTEN CONTRACT THAT REQUIRES YOU
TO OBTAIN THIS AGREEMENT FROM US.)
SCHEDULE
PERSON OR ORGANIZATION:
THE CITY OF NEWPORT BEACH
JOB DESCRIPTION: MARINE STUDIES CENTER, SHELLMAKER ISLAND
SHERRY YdUN6 FOR
(Authorized Representative)
APR -11-2002 THU 07 11 AN CAL SURANCE FAX N0. 7149391654 P. 01/01
q, (;(4WW
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH -
DATE RECEIVED: ' ID' 0Z DEPARTMENT/CONTACT RECEIVED FROM: ,I (G Ul�-S
DATE COMPLETED: 4111 _01- SENT T0: S kAUvIU OV Le,0' BY: �`��° !
COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: l i4 l k- a /bt G
I. GENERAL LIABILITY:
A. INSURANCE COMPANY: Vt l ( U
B. AM BEST RATING (A VII or greater): 6�l' X � /
C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted it California? Yes J- No
D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? I Q0Q, 60 U z OaDj
E, PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it inc uded?esk No
F. ADDITIONAL INSURDED WORDING TO INCLUDE: (Ile City its officers, agcnts, of icials, employees and
volunteers): Is it included? Yes No _
G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes-z—No _
H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.)
Does endorsement include "solely by negligence" wording? Yes No_P(
I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
11. AUTOMOBILE LIABILITY: II _
A. INSURANCE COMPANY: ►� l �c�.l `�
B. AM BEST RATING (A VII or greater): A., X
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No_
D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided?_) t U U4 ,_aOC7-
E. ADDITIONAL INSURED WORDIq4G TO INCLUDE: (The City its officers ,agents, officials, employees and
volunteers). Is it included? Yes No
F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yasf�e No,_
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
III. WORK FAS COMPENSATION:
A. INSURANCE COMPANY: &TULCMks,. c�
B. AM BEST RATING (A VII or greater)
C. L TTS: Statutory
D. WAVIER OF SUBROGATION: (To include). Is it included? Yes No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?