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HomeMy WebLinkAboutC-3460(C) - PSA for Marine Studies Center Interpretive Plan (for Marine Studies Center - Back Bay Science Center "BBSC")• 0 C" 34w PROFESSIONAL SERVICES AGREEMENT MARINE STUDIES CENTER INTERPRETIVE PLAN THIS AGREEMENT, entered into this ` 7wy day of �� i11'L1tt�1 , 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Nature Tourism Planning, whose address is 3027 25' Street, Sacramento, California, 95818, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to implement the Marine Studies Center ( "Project "). _ ar` WO-trvrr�LXA C. City desires to engage Consultant to prepare oxhibits and PL4�k (94 12vlloZ-) pon the terms and conditions contained in this Agreement. D. The principal member for the Consultant for the purpose of Project is Robert W. Garrison. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided -1- • 0 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 _ day of , 2002, and shall terminate on the 30th day of December, 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit 'W'and incorporated herein by reference. 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, including all reimbursable items and subconsultant fees, shall not exceed the total contract price of twenty-five thousand and no /100 ($25,000). 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 all approved incidental expenses including reproductions, computer printing, postage and mileage. -2- 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 any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit 'B ". 3.4 City shall reimburse Consultant only for those costs or expenses, which have been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of 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 awarded 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. 3.5 Notwithstanding any other paragraph or provision of this Agreement, beginning on the effective date of this Agreement, City may withhold payment of ten percent (10 %) of each approved payment as approved retention until all services under this Agreement have been substantially completed. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's -3- 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 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 represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. If Consultant is performing inspection or construction management services for the City, the assigned staff shall be equipped with a Nextel Plus type cellular /direct connect unit to communicate with City Staff, consultant's Nextel Direct Connect I.D. Number will be provided to City to be programmed into City Nextel units, and vice versa. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 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. 4.3 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Project's contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for ME 0 0 any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 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 Consultant agrees to work closely and cooperate fully with Citys designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. -5- • • 7. PROJECT MANAGER Consultant shall assign Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be av ilable to City at all reasonable times (xs 1 06>e,mSo� 12115162 -) during term of Project. Consultant has designated Rick==iB to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person 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 on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. The failure by Consultant to perform in a timely manner may result in termination of this Agreement by City and assessment of damages against Consultant for delay. Notwithstanding the foregoing -, 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 Ka notice to the other party so that all delays can be addressed. 8.1 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, which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays, which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 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/or his/her duly authorized designee 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 -7- 0 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, properly 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 attomeys' 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 E n u employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original certificates and 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 original certificate and endorsement (which includes additional insured and primary and non- contributory wording), covering third party liability risks, 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 for waste haulers only), 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. M 0 0 D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of 1 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 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. -10- 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 co- tenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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 orjoint- venture. 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 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. SEE 0 0 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. City will provide access to and upon request of Consultant, provide one copy 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. Provide 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. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. D. City will prepare and provide to Consultant street base digital file in AutoCAD (DWG) compatible format. -12- 0 0 18. ADMINISTRATION The Public Works Department will administer this Agreement. Dave Kiff shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her 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 -13- • • his designee with respect to such disputed sums. Consultant shall be entitled to receive 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 bome 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 -14- 0 • City for any and all claims for damages resulting from Consultants violation of this 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: Dave Kiff City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Robert W. Garrison Nature Tourism Planning 3027 25' Street Sacramento, CA 95818 916- 451 -8060 Fax: 916 -452 -5684 -15- 0 0 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 parry 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 parry 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. 26.1 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 -16- 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/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. 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 -17- 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: CITY OF NEWPORT BEACH A Municipal Corporation By: By Cit Attorney AT City Clerk NATURE TOURISM PLANNING By: f:\users\pbw\shared\agreements\fy 02-03\garrison-marine studies.doc sm Robert W. Garrison 30272 51h Street Sacramento, CA 95818 (916) 451 -8060; Fax (916) 452 -5684 Nature Tourism Planning rwg @inreach.com Sustainability Through Design Proposal to Write Interpretive Plan for the Marine Studies Center Project Upper Newport Bay Ecological Reserve Scope of Work The interpretive plan for the Marine Studies Center (MSC) will provide the bridge or link between the building design and site amenities, and the purpose and function for which it is being built. If the MSC is our ultimate "destination ", then the interpretive plan is the compass guiding the direction. The interpretive plan identifies the target audiences, crafts the messages (in the form of themes) that will be delivered to the target audiences, identifies the best methods for relaying those messages (exhibits, trails, guided tours, classroom experiences, etc.), and provides an evaluation methodology to measure our success. The Interpretive Plan will include the following components: -- An overview of the goals of the MSC and its relationship to the overall management objectives of Fish and Game and the cooperating partners - Summary of existing conditions, special concerns and opportunities within the reserve - Current and anticipated visitor use numbers and patterns -- Overall interpretive focus and primary themes for MSC -- Visitor flow plan incorporating interpretive elements and other visitor amenities within the building and on Shellmaker Island -- Interpretive Elements (exhibit hall, outside spaces, classrooms, trails, wayside exhibits, etc.) -- Interpretive themes and sub - themes -- Storyline and background information -- Proposed media -- Design concepts (three sample sketches of exhibits /facilities for use in fundraising portfolio) -- Estimated Costs for interpretive elements (aquariums, exhibits, etc.) -- Guided Services (school tours, public tours) -- Special Events -- Marine Studies Center -- Building Program (overall size and spatial relationships, theme development and thematic layout of public spaces and exhibits) -- Current and potential role of Cooperating Association, Volunteers and Docents - Evaluation methodology to measure effectiveness of interpretive planning and programs over time The Plan will incorporate the ideas of the local community, volunteers, cooperating agencies, and Fish and Game staff. A minimum of two planning workshops will be conducted for stakeholders during the development of the plan. Timeline July 2002 — sign contract to produce interpretive plan July — September 2002 — conduct planning workshops, site visits, field research and complete draft plan September 2002 — draft plan reviewed by DFG /Cooperators October 2002 — final plan submitted to DFG Budget Proposal (by category) Description Hours $ Amount Communications/Planning Workshops -- Compiling information on and communicating with target audiences 20 2,000 -- Target Audience Planning Workshops 2 20 2,000 -- Communications with architect, aquarium design specialistE construction mgr 10 1,000 -- Communications with Advisory Team N/C Research: existing conditions, concerns, opportunities, visitoi use numbers, volunteer support, flow Ian 000 Interpretive Focus and Primary Themes for MSC and Shellmaker Island 16 1,600 Interpretive Elements 40 4,000 Design Concepts subcontract 6,000 Estimated Costs for Aquariums, Exhibits, and Other Interpreti Elements 8 800 Evaluation Methodology 16 1,600 Expenses travel, per diem, phone, printing, etc. 4,000 TOTAL 25,000 Please feel free to contact me if you have questions regarding this proposal. Sincerely: Bob Garrison, Owner Jan 22 03 04:29p Ken Perry (916)452-6790 rCERTIFICATE OF INSURANCE This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder Robert Garrison DBA Nature Tourism Planning Address of policyholder 1621 13th Street Suite B Sacramento, CA 95814 Location of operations Same Description of operations p.2 The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies Is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Effective Date ; Expiration Date LIMITS OF LIABILITY (at beginning of policy period) 90 -46- 6926 -1 G Comprehensive 09/17/02 09/17/03 BODILY INJURY AND This insurance includes: Business Liability : — — ucts - Completed Operations PROPERTY DAMAGE ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1,000,00o ® Personal Injury ® Advertising Injury General Aggregate $ 2, 000, 000 ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage Products — Completed $ 1,000,000 ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Data (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers' Compensation and Employers Liability Each Accident $ Disease Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) NO2 4602- 00 -55 Automobile Insur 01/22/03 01/22/04 11000,000 THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN, If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no oblige' r liablilty will be imposed on State City of Newport Beach Public Works Department Farm its a. resentatives. Its Dfficers,officals employee's and Agents 3300 Newport Blvd, Newport Beach,CA 92658 -8915 gnature of Authorized Representative Agent 01(22(03 Tide Dale Agent's Code Stamp AFO Code F144 558-994 a.3 04.7999 Printed in U.S.A I.. N tuber DECLARATIONS PAGE AMENDED DEC 12 2002 Po I.. u _ 90-06-6926-1 STATE FA RM GENERAL INSURANCE COMPANY 900 OLD RIVER RD, BAKERSFIELD CA 93311 -6000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON, ILLINOIS 2822 -F144 C RF7CE 'f JAN 2 9 Named Insured and Mailing Address Ai ISON, ROBERT DBA NATURE TOURISM PLANNING 3027 y25TH ST ,SACRAMENTO CA 9581 8 -391 7 Norks Ci ?�t 6e•' ^`' Cov A - Inflation Coverage index: NIA BUSINESS POLICY - SPECIAL FORM 3 Cov B - Consumer Pricelndex:179.8 AUTOMATIC RENEWAL !f the POLICY PERIOD is shown as 12 MONTHS, this jolt will be renewed automatically sub'ect to the premiums, rules and forms in effect for each succeeding policy period. If. this policy is terminated, we will U -you and the Mortgagee /Lienhoider written notice in compliance vintii the policy provisions or as required by law. Policy Period: 12 Months The policy period begins and ends at 12:01 am standard time at the Effective Date: SEP 17 2002 premises location. Exoiration Date: SEP 17 2003 Location of Covered Premises: 3027 25TH ST SACRAMENTO CA 95818 -3917 & Property Section I A Buildings B Business Personal Property C Loss of Income - 12 Months Section II L Business Liability M Medical Payments Products - Completed Operations (PCO) Aggregate General Ag regate (Other Than PCO� Of Excluded g 3,100 $ Actual Loss $ 1,000,000 S 5,000 Excluded $ 2,000,000 'orms, options, and Endorsements Special Form 3 FP -6143 Amendatory Endorsement FE -6205 Tree Debris Removal FE -6451 Policy Endorsement FE- 6506.1 Business Policy Endorsement FE -6464 Glass Deductible - Sect 1 FE- 6538.1 Protective Safeguard FE -6303 Your policy is amended DEC 12 2002 ADDL INSURED NAME & ADDRESS ADDED ce Deductibles - Section I $ 500 Basic In case of loss under this policy, the deductible will be applied to each occurrence and will be deducted from the amount of the loss. Other deductibles may apply - refer to Endorsement Premium Discounts Applied: Protective Devices Continued on Reverse Side of Page i OTHER LIMITS AND EXCLUSIONS MAY APPLY - REFER TO YOUR POLICY Prepared Countersigned JAN 16 2003 FP- 8030.2C BM5T By 06/1993 KEN PERRY Your policy consists of this page, any endorsements (916) 452.6668 and the policy form. PLEASE KEEP THESE TOGETHER. Ci sej `� Printed in USA. (ott2172b Policy Number • 90 -Q6- 6926 -1 BUSINESS POLICY - SPECIAL FORM 3 CONTINUED FROM FRONT SIDE Forms,0pptions,and Endorsements Products?1 perations Liab Excl Testing/Consultinq E &O Excl FE -6312 FE -6510 Advertising InjuryExcl Personal Injury Exclusion FE -6345 FE -6346 Additional Insured FE -6320 L� IMPORTANT NOTICE: California law requires us to provide you with infoimatioh for filing complaints with the State Insurance Department regarding the coverage and service provided under this policy. Complaints should be filed only after you and State Farm or your agent or other company representative have failed to reach a satisfactory agreement on a problem. Please forward such complaints to: Prepared JAN 16 2003 California Department of Insurance Consumer Services Division 300 South Spring Street Los Angeles, CA 90013 Or call toll free: 1- 800 -927 -HELP (olf2176c) (01112175a) TN P.ollcy No. 90-QG- 6926 -10 EFFECTIVE DEC 12 200• FE -8320 (7188) ADDITIONAL INSURED ENDORSEMENT "•• DESIGNATED PREMISES ONLY xrvuxo Policy No.: 90 -06- 6926 -1 Named Insured: GARRISON, ROBERT Name of Additional Insured: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Address of Additional Insured: 3300 NEWPORT BLVD NEWPORT BEACH CA 92658 -8915 Interest of Additional Insured: CONTRACTOR OF SERVICES Location of Premises: PER CONTRACT The word "insured ", wherever used in this policy, also includes the designated person or organization named above as Additional Insured under the provisions of the policy Sections shown below as applicable by an 'W to the extent indicated. ❑ SECTION I. This applies only to COVERAGE A - BUILDINGS. ❑ SECTION I. This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY. Description of Property: ® SECTION II. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M - MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of the premises designated above and operations necessary or incidental thereto. These SECTION II coverages do not apply to: . 1. structural alterations or new construction performed by or on behalf of the designated person or organization; 2. personal injury caused by the designated person or organization; 3. liability the designated person or organization assumed under a contract; or 4. products- completed operations hazard arising out of goods or inventory which are not sold or distributed by you or arising out of the manufacturing or packaging of such goods or inventory. All other provisions of the policy apply. FE -6320 (7188) Pdnted In U.SA. Jan 21 03 03:32P Ken Perry (916)452 -6790 P•3 ' 01/21/03 TILE 19:77 FAX 661 6309 COMnRCIAL FAX • 0003 TN P014 No. 90-QG- 6926 -1 2822 -F144 FE-7315.1 STATE FARM GENERAL INSURANCE COMPANY BLANK ENDORSEMENT This endorsement effective SEPT _ 17 2002 , the effective hour being the same as that designated in the policy to which this endorsement is attached, forms a part of PoHcy No. 90 -06 -6926 -1 issued to GARRISON. ROBERT x❑ YOUR POLICY IS CHANGED AS FOLLOWS: 1 Insured's Name 5 Location 2 Insured'sAddress 6 Construction 3 Effective Date 7 Mortgagee or Lierlholder's Name 4 Expiration Date 8 Mortgagee or Lienholders Address 9 x Other (Specify) SEE BELOW NAME OF PERSON OR ORGANIZATION: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ITS OFFICERS, OFFICIALS, EMPLOYEE'S AND AGENTS THIS ENDORSEMENT IS MAD? A PART OF THE POLICY SHOWN ABOVE, SUBJECT TO ALL OTHER TERMS AND CONDITIONS. THE INSURANCE AFFORDED TO THE ADDITIONAL INSURED AS SET FORTH IN THE FE -6320 ENDORSEMENT SHALL BE PRIMARY INSURANCE, BUT ONLY WITIf RESPECT TO CLAIMS MADE OR SUITS BROUGHT FOR DAMAGES FOR WHICH OUR NAMED INSURED IS PROVIDED COVERAGE, AND WHICH ARISE OUT OF OUR NAMED INSURED'S ONGOING OPERATIONS. ANY INSURANCE CARRIED BY THE ADDITIONAL INSURED SHALL BE NON- CONTRIBUTORY AS RESPECTS COVERAGE AFFORDED FOR OUR NAMED INSURED. ALL OTHER PROVISIONS OF THE POLICY APPLY. NO CHANGE IN PREMIUM: CHANGE IN PREMIUM: ❑ INCREASE ❑ DECREASE ENDORSEMENT PREMIUM: $ FULL TERM PREMIUM FOR ENDORSEMENT: $ 'Minimum premium applies. FE.7916.1 01 ) The following Form Numbers are attached to and form a part of your policy. The following Form Numbers are voided and no longer form a part of your policy. Agent Primed In U.SA. Jan 21 03 03:31p Ken Perry 1916)452 -6790 p.2 01/21/03 TUTS 14:16 FAX 661 60309 COMMERCIAL FAX • 1Q�002 TN Policy No. 90- Q6- 6s'26 -1 EFFECTIVE SEPT 17 2D02 FEp() ADDITIONAL INSURED ENDORSEMENT DESIGNATED PREMISES ONLY . Policy No.: 90 -Q6- 6926 -1 Named insured: GARRISON, ROBERT Name of Additional Insured: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ITS OFFICERS, OFFICIALS, EMPLOYEE'S AND AGENTS (SEE FE- 7315.1 ATTACHED) Address of Additional insured: 3300 NEWPORT BLVD NEWPORT BEACH CA 92650 -8915 Interest of Additional Insured: CO&rrRACTOR OF SERVICES Location of Premises: PER CONTRACT The word "insured ", wherever used in this policy, also includes the designated person or organization named above as Additional Insured under the provisions of the policy Sections shown below as applicable by an "X" to the extent indicated. ❑ SECTION I. This applies only to COVERAGE A - BUILDINGS. ❑ SECTION 1. This applies only to COVERAGE B - BUSINESS PERSONAL PROPERTY Description of Property ® SECTION II. This applies only to COVERAGE L - BUSINESS LIABILITY and COVERAGE M - MEDICAL PAYMENTS and then only with respect to the ownership, maintenance or use of the premises designated above and operations necessary or incidental thereto. These SECTION II coverages do not apply to: 1. structural alterations or new construction performed by or on behalf of the designated person or organization; 2, personal injury caused by the designated person or organization; 3. liability the designated person or organization assumed under a contract; or 4. products - completed operations hazard arising out of goods or inventory which are not sold or distributed by you or arising out of the manufacturing or packaging of such goods or inventory. All other provisions of the polio apply. FE -8320 (7ma) Prinletl in V.5.0. JAN -24 -2003 FRI �0j4 :04 PM CAL SURANCE FAX N0. 714 1654 P. 01 Fax # CERTIFICATE OF INSURANCE CHECKLIST My of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: ( -�> .3 _o 3 Dept./Contact Received From: S h Q yt �' __ 1�P.,r Date Completed: )—.,L ^ D Sent to: �k By: WQ LO Company /Person required to have certificate: I. GENERAL LIABILITY �+ " A. INSURANCE COMPANY: �7A,4<- 2 ✓rYl t�c�V�ar,� —�Q B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? [k'lfas ❑ No D. LIMITS (Must be $1 M or greater): What Is limit provided? a.. r'n`t I E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is It included? gYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is jtt inctu f@d. 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. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: S4(', ;k _ a rr✓1 %. �r� B. AM BEST RATING (A: VII or greater): (''tj C 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): What is limits provided? m , E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes rNo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NO- ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: f1 of A'YP o i d B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF ❑ Yes ❑ No ■ 2