HomeMy WebLinkAboutC-4769 - PSA for Wayfinding SignsPROFESSIONAL SERVICES AGREEMENT
WITH HUNT DESIGN ASSOCIATES, INC.
FOR WAYFINDING SIGNS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement") is made
and entered into as of this jlj±� day of r-AfOAVII ti011 , 2.01-0 - by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Hunt
Design Associates, Inc., a California corporation ( "Consultant'), whose address is 25
North Mentor Avenue, Pasadena, California, 91106 and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is designing citywide wayfinding and directional signs.
C. City desires to engage Consultant to provide revisions to the wayfinding design
and specification package prior to soliciting bids and construction administration
upon project award. ('Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project shall be John H.
Temple.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on December 30, 2011 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 ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit 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 Nineteen Thousand, Six
Hundred Forty Dollars and no /100 ($19,640.00) without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement
without the prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
Professional Services Agreement Page 2
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final Work under this Agreement.
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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 John H. Temple to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Work Department. Iris Lee, Senior
Civil Engineer or her designee, shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or her
authorized representative shall represent City in all matters pertaining to the Services to
be rendered pursuant to this Agreement.
Professional Services Agreement Page 3
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
Professional Services Agreement Page 4
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
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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.
Professional Services Agreement Page 5
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
Project, activities performed and planned, and any meetings that have been scheduled or
are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. 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.
C. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Consultant's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Consultant shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Professional Services Agreement Page 6
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. Professional Liability (Errors & Omissions) Coverage. Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of one million dollars ($1,000,000) limit per claim
and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
Professional Services Agreement Page 7
iii. 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.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10)
days notice is required) or nonrenewal of coverage for each
required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant shall
not subcontract any portion of the Work to be performed under this Agreement without the
prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
Professional Services Agreement Page 8
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
All improvement and /or construction plans shall be prepared with indelible waterproof
ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum
thickness of three mils. Consultant shall provide to City 'As-Built' drawings, and a copy
of digital ACAD and tiff image 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. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer or
architect in charge of or responsible for the Work. City agrees that Consultant shall not
be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a
CD, and should comply with the City's digital submission requirements for Improvement
Plans. The City will provide AutoCAD file of City Title Sheets. All written documents
shall be transmitted to City in the City's latest adopted version of Microsoft Word and
Excel. �JWntT J" E5tON EA_kU EM3w� SkA-z L Cc)AF- M -3U '�. tRA-MDPozDS
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
Professional Services Agreement Page 9
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
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.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
Professional Services Agreement Page 10
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Iris Lee
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3323
Fax: (949) 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
Attention: John H. Temple
Hunt Design Associates, Inc.
25 North Mentor Avenue
Pasadena, CA 91106
Phone: (626)793 -7847
Fax: (626)793 -2549
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The Consultant and the City expressly agree that in addition to any claims filing
requirements set forth in the Contract and Contract documents, the Consultant shall be
Professional Services Agreement Page 11
required to file any claim the Consultant may have against the City in strict conformance
with the Tort Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
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.
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.
31. 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.
32. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions herein.
Professional Services Agreement Page 12
33. 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.
34. 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.
35. 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.
36. 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.
37. 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.
38. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
Professional Services Agreement Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the dates written below.
APPROVED AS TO FORM:
OFFIC�j F j rE CITY ATTORNEY
Date: I
By;
Leonie Mulvihill
Assistant City Attorney t,
ATTEST:
Date: 2 1- 11
By: Ct4A D
Leilani I. Brown
City Clerk -.000m- aI&,
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 7
:a
Step�ei�'G! Badum, Public Works
Department. Director
CONSULTANT: HUNT DESIGN
ASSOCIATES, INC., a California
corporatioq
s
nntP• I y � I I
0
T /Wayne Hunt d-'
Chief Executive Officer
Date: 1 al�ll
John H. Temple
Corporate Secretary
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Professional Services Agreement Page 14
Fl, ;j \.I.
December 7, 2010
City of Newport Beach
Public Works Department
PO Box 1768
Newport Beach, CA 92658
Attention: Peter Tauscher
PROPOSAL TO PROVIDE GRAPHIC DESIGN SERVICES
Project: Newport Beach Wayfinding — Drawing Modification and Construction Administration
As a continuation of our work with the City of Newport Beach, Hunt Design will provide the following services.
Scope of Work— Elements
City-wide directional wayfinding system (Quantities, general locations and messages based on 12/0203 sign location
plan generated by Hunt Design).
Scope of Work —Tasks
1. Documents
1.1 Using established design intent drawings and specifications (from 2005 wayfmding pilot program, and the 2007
gateway sign program) modify CD Drawings based in input from City Staff.
1.2 Prepare production layouts for all sign elements.
1.3 Prepare final implementation cost estimate for all signage and graphics elements, including estimate.
1.4 Prepare final special provisions for sign elements signed by Hunt Design forsubmittal in bid package.
Work Products: Design drawings requiredfor ,sign fabricators to bid on, and to prepare shop drawings and graphic
submittals.
2. Construction Administration
2. I. Review shop drawings, color submittals, and samples. Provide redline comments with Hunt Design signature on
all shop drawings, color submittals and samples to ensure conformance to bid package specifications.
2.2 If necessary, attend site meetings for coordination and verification of site conditions.
2.3 If necessary, review installed work on site and prepare a punch list of itemsrequiring correction.
2.4 Prepare "as- built' drawings to include all modifications (hat took place dufmg fabrication and installation.
Work Products: List ofsign fabricators, marked up shop drawings, as -built drawings
"t(t 793.7847 G_6 ,,9} - > -5 =9
z
5 Nu it ;.! i N f na Avi :; w!, PA SA:iI se, CA 9 .1 1 0 6 - 709
December 7, 2010— Page 2 of 3
HU!'r
In return for the above services, Hunt Design Associates, Inc. is to be paid not -to- exceed fees as follows:
I. Documents S 6,425
2. Construction Administration $ 12,515
Exclusions: Engineering services (dais will be done by the sign fabricator during the shop dratoing phase)
Reimbursable Expenses
In addition to the above fees, Hunt Design Associates is to be reimbursed for expenses incurred in connection with
this project at cost. Such expenses include: travel and related, blueprints, computer imagery charges, binding, FeclEx
services and other normal reproduction charges. We anticipate an expense budget of $700.
Billing
Monthly invoices reflecting the percentage of work completed plus expenses will be submiad for payment. Invoices
shall be paid within thirty (30) days of receipt.
Conditions
Revisions and Additions: This proposal covers only the services outlined. If the scope of work changes, approved
revisions or additions will be charged for on an hourly basis, and as an addition to the original contract.
Termination of Contract Assumingjust cause, either party reserves the right to terminate this agreement after giving
ten (10) days written notice to the other. Hunt Design Associates shall be paid for Prvices and reimbursable expenses
incurred under this contract up to the date of such lerinitiation.
Cash Flow and Timely payments: Timely and regular payments of Hunt Design Associates invoices are required for
continuous work on the project.
Sequence of Work: The fees stated above are based on executing the project or large project portions as a group or
groups. That is, items added out of sequence or after general approvals of areas or phases, may be considered as
extra to the contract.
Originality: All reasonable care will be taken to avoid accidental duplication of graphic designs already in existence,
but responsibility and matters of registration, trademarking, copyrighting, rest with the owner.
Best Effort Basis: The creative services described above will be provided on a "best effort" basis. That is, Hunt
Design Associates will create designs based on our training, experience and professional judgment and that represent
our best effort, non - acceptance of the design(s) shall not constitute reason for non - payment.
Publicity. Hunt Design Associates reserves the right of reasonable publicity about its participation in this project
Design Credit: Hunt Design is to be listed in display and publication of project credits when practical.
December 7, 2010— Page 3 of 3
HUN1-
The information, language and descriptions in this proposal are the copyrighted property of Hunt Design
Associates and mqp not he reproduced or transferred to any other party without perntission.
Hunt Design Associates, Inc.
By: Date: 12/7/10
John li. Temple, principal
City of Newport Beach
By:
Signature
Print Name
Date:
rev,
NB_Add Serv_12_07_2010 (2).xlsx
Position:
Principal
Designer
Production
$90.00
Hrs
_
$
CAD[ Technical
$90.00
Hrs
S
TOTALS
Billing Rate in $ /Hour: _
$155.00
$125.00
Hrs $
Hrs $
i
Professional Services During Construction
1. Documents
Task No. 1.1 Modify CD Drawings
Task No 1.2 Prepare Production Layouts
Task No. 1.3 Prepare Cost Estimate
Task No. 1.4 Prepare Special Provisions
2 $310
0 $0
2 S310
1 j $155
O
2�
0i
01
$0
$250
$0
SO
0
24 T
0
0
$0
$2,160
$0
SO
201
0;
8•
8
$1,800
$0
S720
$720
221
26
10
91
$2,110
$2,410
$1,030
$875
Subtotal:
51
$775
2j
$2501
241
S21601
36,
$3,240
671
$6,425
2. Construction Administration
OI
01
0;
0
$0
$0
so
$0
201
24j
24;
16
$1,800
$2,160
$2,160
$1,440
32,
36
36,
17;
$3,360
$3,780
$3,780
$1,595
Task No. 2.1 Review Submittals
2
$310
10 $1,250 6
$1,2
Task No. 2_2 Attend Site Meetings As Required
4
$620
8 $1,000
81 $1,000
0 $0
_
Task Nq 2.3 Review Installed Work As Required
Task No. 2.41 Prepare AS -built Drawings
41
$620
15155
Subtotal:
11j
$1,705
261
$3,250
0'
$0
841
$7,560
121'
$12,515
Total - Hours & Dollars
1
16
$2,480
28
$3,500
24;
$2,160
120,
510,800
188;
$18,940
REIMBURSABLE EXPENSES
Printing (in -house 11 "07" prints)
$50
$150
$500
Travel (mileage, parking)
TOTAL FEE AND EXPENSES
$700
Policy Number: Date Entered:. 12/21/2010
lo- CERTIFICATE OF LIABILITY INSlJRR1i�C� 12 (27/2 10
�� 12/27/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS. UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUR ERIS ),AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cortiO Cate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to
the term sand conditions of the policy, certain poll clas may require an endorsement. A statement on this certificate does not confer righ is to tha
eerilfl Cale holder In Ileu of such endorse mantis).
PRODUCER CONTACT
Migti0re IMNITHICe Agrowy NAME.
15545 Devareldt� St. #108 PRONE ( ) _ ESC Na
EMAIL
Mission Hills, 0.191345 AOODRESS:
(818)870 -3442 Fd\ (818)830 -3602 cu370 R lO r
JNSURERIS) AFFORDING COVERAGE NAICY
INSlPtE6 INSURER A: FARMERS. IN8U2ANCE EXCHANGE
HUi1T DESIGN ASSOCIATES, INC TRUCK INSURAN ^_E EXCHANGE
25 NORTH 11ENTOR AVENUE
PASADENA, CA 91106 INSURERD'
INSURER E i_
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TH E INSURED NAMED ABOVE FOR TH E POL ICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
JJ
•LTSR ttPE OF IHSNRANLE - �AOOLl11 _ "— "Pb- .ICY U .. .M1 bLILn EkP �` — ------- IIMITS INSR POLICY NIYd BE0. M.
ACCORDANCE WITH THE POLICY PROVISIONS.
GENERAL
LIABILITY
NEWPORT BEACII, CA 92652 -5915
FniH OC.0 IPFfi..tF
1.1,000,000
A
r,!slg_Rr -.r - =8 A_u =F.RT
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ALITOMOSILE
LIABILITY
CO VEIhEU 51:: LE Ltll I
a.e..„
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60028 10 13
1/28/201011/28/201]]
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160028 10 13
11/28/201(111/28 /2011$ 250 DED $ 182,300
I
PROPERTY
1
CESCRIP'nor, OF OPERATIONS! LOCATIONS I VEHICLES tAHa�M1 4LORG 101, adtlnional Pamarha Scbctlule if mare apace is r,:eired)
*10 DAYS FOR NON PAYMENT
JOB 4: 2280E
NEWPORT BEACH NAYFIUDING
NEWPORT BEACH, CA
CERTIFICAI E HOLUEH L:ANCELLA I IUN
CITY OF MYTDR'T BEACH
5 O 0 ANY OF THE ABdbE OESCR OLIC ES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
AT'TN: SFL4UNA OYrPR
ACCORDANCE WITH THE POLICY PROVISIONS.
AmlllH2- UHEPRESENIAIIYE
0300 NEWPORT POIJLE.'..RD, P.O. BOX 1766
NEWPORT BEACII, CA 92652 -5915
ICI 1988 -2009 ACUHU CORPORATION. All rights reserved.
ACORD 25 )2009109) The ACORD name and logo are registered nlarlss of ACORD
P,oducod using Forms Baas Plus soevaare. vnn Fa`msBoss,cam.Impincslva P laliching 30o30e -1077
7RUCKINSURANCE ❑ FARMERS INSURANCE U MID-CENTURY
EXCHANGE EXCHANGE INSURANCE COMPANY s .9®26B
NCCI CO. 140. 19244 NCCI CO. N0, 17744 NCCI CO. NO. 1299A CALIFORNIA
2nd Edition
WORKERS' COMPENSATION AND EMPLOYERS'
LIABILITY INSURANCE POLICY
Named , HUNT DESIGN ASSOCIATES, INC.
Insured 25 N MENTOR AVE Agent
PASADENA, CA 911061709 30-79 -349 818095989 -10
2010
Policy Number Policy
of the Company Year
Effective 12/23/2010
Dale
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an Injury coverd by thls policy. We well notenforce our right against the
person ororganizallon named in To Schedule. (This agreement applies only to the extent that you perform work under a written contract that
requires you to obtain this agreement from as.)
You must maintain payroll records accurately sagregallng the renumerallon of your EmPloyees white engaged in the work described in gro
Schedule.
The additional premium for this endorsement shall be 3 °h of the California Workers' Compensallon premium otherwise due on
such remuneralion. Minimum Charge: $250.00
Schedura
Person or Organization .Job Description
CITY OF NEWPORT BEACH TO BE DETERMINED NEWPORT BEACH WAYFINDING
ATTEN: SHAUNA OYLER NEWPORT BEACH, CA
P.O. BOY. 1768 JOBA 2280E
3300 NEWPORT BOULVARD,
NEWPORT BEACH, CA 92658 -8915
This endorsement is part of Xour policy. It supersedes and contso's anything to Ih contrary. It is otherwise subjed w all the terms of the
Coun(ers:,:red
ADlhorized Representative
x.n cnrt-ou :..n ('NC 04 A30d- E9lion 4-84) aft
POLICY NUMBER: 90028- 10 -2.3 COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsementmodifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
CITY OF NEWPORT BEACH AND
ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS
Section II Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "properly dam-
age" or 'personal and advertising injury" caused, in
whole or in part, by your acts or omissions or the acts
oromissions of those acting on yourb ehalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04 Oc ISO Properties. Inc.. 2004 Page 1 of 1 u
POLICY NUMBER: 60028 -10 -13 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the folloverg:
COMMERCIAL G64ERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
CITY OF NEWPORT BEACH
(If no entry appears atmvs, udon-stion rcquiT' to complele this nndorsemerd wJi b, shown in the DeGlaia-
tons as appicaHe to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL
GENERAL LLABILITT' CONDITIONS' is armended by the addition of the fob,.dng:
We wa'iva any right of recovery vre may nave ;gains[ the person or organiaton shown in fine SGned -le above
because of payments -tie make for injury or damage arising out of yaur ongcirg operations or yoar worm"
dore under a cantmcl with Tal person or erganzation and included in the 'pred.hcts- complefed gcrations
hazaar. T ?;s woiver a,op'.cs arty to the torso or riglanizatmn shown in the Schedolz above.
CG N LL; g 93 Crroyrvjh'. insurance Ser-,ces 0 Ice. I.'tc.. igs -e L'
TIIIS ENDORSEMENT CHANGES TIIE POLICY — PLEASE READ IT CAREFULLY
Policy Number 60028 -10 -13
E0002
This endorsement modifies insurance provided under the following
CG2026 0704
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Attn: Shauna Oyler
Job Location: 3300 Newport Blvd. Newport Beach, CA
Job Description: Graphic design of way finding signage for the City of Newport Beach
The following language is added:
Primary Provision.
Ifthe additional insured designated herein has an Other Insurance provision making its
policy excess, and You (Hunt Design Associates, Inc.) agreed in a written contract or
written agreement to provide the Additional Insured coverage on a Primary/Non
Contributory basis under the provision of the Additional Insured endorsement (CG2026
07!04) attached hereto, then this policy shall be Primary/Won Contributory to any
insurance issued directly to the Additional Insured, provided such written contract or
written agreement were executed prior to the issuance of the :additional Insured
endorsement.
sac ®R ®� CERTIFICATE OF LIABILITY INSURANCE
�-
UATE(MM °DfYY)
2/7/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Certificate Department
PHONE 1f. 619- 239 -6848 a No 619- 239 -8601
Cavignac & i,ssociaces
450 B Street, Suite 1800
San Diego, CA 92101 -8005
E-MAIL
ADDRESS: Certificate SJ`Ca Vl nac.Com
PRODUCER
CUs o HUNTD -1
INSURERiNI FORDING COVERAGE
NAIC P
(�EACH
PREMISES msnce)
INSURED
INSURER A: ELOUrn rnTO rye r
T
INSURER B:
I S
Hunt Design Associates, Inc.
25 N Mentor Ave.
Pasadena, CA 91106 United Staces
INSURER C:
INSURER 0:
GENERAL AGGREGATE
$
INSURER E:
INSURER F :
COVERAGES CERTIFICATE NUMBER: 136468 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR I
LTR
TYPE OF INSURANCE
ADOL SUER POLICY EFF POLICY E%P
POLICY NUMBER MMR]DttWYI IMhVDD
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
I� CWMSLIPDE OCCUR
I
OCCURRENCE
S
(�EACH
PREMISES msnce)
S
MED E%P L one permn)
Ij 1
PERSONAL_& AOV INJURY
I S
GENERAL AGGREGATE
$
GEN'L AGGREGATE
LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
$
-, POLICY
7 PRO- LOC
JECT
_.. _.
$
AUTOMOBILE
I
Ll
LIABILITY
ANY AUTO.
ALL OWNED AUTOS
I COMBINED SINGLE LIMIT
(Ea as `Mm)
'
BODILY INJURY (Per person)
BODILY INJURY(Perzcdd.nk
S
I $
S
SCHEDULED AUTOS
HIRED
PRO DAMAGE
(Per acodeN)
S
I(j���jII
I
I
I N ON- OL,NED AUTOS
�
Ir
—
IS
UMBRELLA LIAR OCCUR
i
I EACH OCCURRENCE_
I S
_
EXCESS LIAB 1 CLAIMS -MADE]
I�AGGR_EGATE
I S�
-1
DEDUCTIBLE
Y
I
r—
_
� RETENTION $
I
I
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTHERIEXECUTII'E
OFFILERi /EMBER EXCUIDED> F,
/
NIA
I
I
I i Vic STATU -' :0TH -I
. TORY.DAIIIS —! ER
i E.L. EACH ACCIDENT
Is
(Mandinory in NMI
E.L. DISEASE - EA EMPLOYEdSS
II yes, d0«dbe under
DESCRIPTION OF OPERATIONS pelmv
I
I
• E.L. DISEASE POLICY LIMIT
I S
A Professi' >ral LiaFS1il.
I
I
IPHSO4:605B
3;1,`2010
3'112011 Each Claim $1,000,000
',Aggregate $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddiNOnal R ... As Schedule. If more space iz regeiretl)
Re: Newport Reach Nayfinding Signs, Hunt Design Reference 0 2696. Professional Liability - Claims made form, defense
costs included within limit of liability.
Cit: of NeanOYt Reach
3300 Newport: Boulevard, P.O. Sax 1768
Newport Beach, CA 92650 -5915
United Scaee,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE 31'1fWy
Jeffrey J. Steen
rinhfc rpcprvad
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Page 2 of 2
EXIGIS - U VIGNAC & ASiOCIATEG 136eus
450 B Street, Suite 1800
San Diego, CA 92101 -8005
Cavignac & Associates
I N S U R A N C E B R O K E R S
License No. OA99520
City of Newport Beach
ATTN: Shauna Oyler
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA, 92658 -8915
Feb 07, 2011
Re: Hunt Design Associates, Inc.
Phone 619- 234 -6848
Fax 619 -234 -8601
Web Site %vw%v.cavienac.com
Enclosed is a certificate of insurance, as requested. If you have questions or require changes,
please contact our office via email (certificates @cavignac.com) or fax (619- 234 - 1239). Please
include a copy of the certificate with your request or reference ID number 136468.
In Sept. 2009, ACORD revised the certificate form and using an older version would violate
ACORD's licensing agreement. One of the major changes was the removal of the cancellation notice
provision. For the following reasons, we are unable to modify the current form:
• Notice of cancellation is a policy right, not an unregulated service. No insurer is able to provide the
desired cancellation notice by endorsement. For example, the insured can cancel immediately, so it
would be impossible for the insurer to provide adequate notice.
• If our agency was to issue a certificate with a modified cancellation notice, we would do so with the
knowledge that it would be impossible to give that amount of notice under certain circumstances. As
such, the certificate could be alleged to constitute a misrepresentation or fraud which could subject
our agency to serious civil and criminal penalties.
We appreciate your understanding of the legal restrictions on our ability to comply with requests for
an older form or modifications of the cancellation language.
cc: Suzette Mason (suzette @huntdesign.com)
Hunt Design Associates, Inc. - Certificate of Insurance
Page i of 2
CERTIFICATE OF INSURANCE
CHECKLIST
City ®f Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 1 -27 -11 Dept. /Contact Received From: Shauna Oyler
Date Completed: 1 -28-11 Sent to: Shauna By: Carol Hart
Company /Person required to have certificate: Hunt Design Associates
I. GENERAL LIABILITY
A. INSURANCE COMPANY: Farmers Insurance Exchange
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1M 121vl Agg
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ 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
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.
New acord, per policy provisions wording
11. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Farmers Insurance Exchange
B. AM BEST RATING (A-: VII or greater) A; XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, S2M min
for Waste Haulers):
What is limits provided? 1,000,000
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Per policy provisions
II1. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Trick Insurance Exchange
B. AM BEST RATING (A-: VII or greater): A; XV
C. LIMITS: Statutory
D. WAIVER 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?
1. Needs Products /Competed Ops endorsement - attached CG2026 0704 only covers ongoing operations. The city needs
to be added as an additional insured as respects to Completed Operations - form CG2037.
Approved: Si (J ✓V
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® Requires approval /exception /waiver by Risk Management B &B initials
Comments:
Approved:
Management
Date