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HomeMy WebLinkAboutC-3481(A) - PSA for The Marine Studies Center on Shellmaker Island (Back Bay Science Center BBSC)(for Architectural Services)PROFESSIONAL SERVICES AGREEMENT FOR THE MARINE STUDIES CENTER ON SHELLMAKER ISLAND THIS AGREEMENT, entered into this aSday of at 2002, by and between the City of Newport Beach , a Municipal Corporation (hereinafter referred to as "City"), and Ron Yeo, FAIA Architect, Inc., whose address is 500 Jasmine Avenue, Corona del Mar, California, 92625, (hereinafter referred to as "Consultant"), is made with reference to the following: Rl=rITAI C A. City is a Municipal Corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City plans to develop a Marine Studies Center on Shellmaker Island in the City of Newport Beach ("Project") C. City desires to engage Consultant to provide architectural services for Project upon the terms and conditions contained in this Agreement. D. The principal member of Consultant for purpose of Project is Ron Yeo. E. City has reviewed the previous experience and evaluated the expertise of Consultant, has solicited and received a proposal from Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. -1- NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the c>? ?7L day of 2002, and shall terminate on the 20 day of June 2004, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall retain subconsultants and diligently perform conceptual design architectural services for Project as proposed in Exhibit "A" until that time when a final scope of architectural services may be accurately determined. City may then negotiate a completion of architectural services contract with Consultant. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall be on a time and materials basis only, including all reimbursable items and subconsultant fees, and shall not exceed the total contract price of one hundred thousand dollars and no/100 ($100,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis, and reimbursable expenses and services, including -2- independent contractors, subconsultants, reproductions, photocopying, printing, postage, mileage, etc. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive compensation for extra work without prior written authorization of City. 3.4 City shall reimburse Consultant only for those actual costs or expenses, which have been authorized by this Agreement, or specifically approved in advance by City. Such reimbursement shall be limited and shall include nothing more than the following costs or expenses incurred by Consultant: A. The actual costs of independent subcontractors and subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and granted in accordance with the terms and conditions of this Agreement. B. Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement and that it will perform all services in a manner commensurate with the community professional -3- standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant has or shall obtain all licenses, permits, qualifications and approvals required of its profession. 4.2 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, failure of City to furnish timely information or to promptly approve or disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute Consultant or any of Consultant's employees or agents to be the agents or employees of City. Consultant shall have the responsibility for and control over the details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION City has retained the services of Gail P. Pickart, PE, to provide project 0 management services for Project. Consultant agrees to work closely and cooperate fully with Project Manager, Project Administrator, and any other agencies, which may have jurisdiction or interest in the work being performed. Project Manager and Project Administrator agree to cooperate with Consultant on Project. 7. PERSONNEL Consultant shall act as Project Architect and shall be available to City and Project Manager at all reasonable times during term of Project. Consultant shall not bill any services to Project other than in those classifications identified in Exhibit "B", whether or not considered to be key personnel, without City's prior written approval by classification and hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement personnel to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement. Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control; however, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so -5- that all delays can be addressed. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator and Project Manager informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include M attorneys' fees and all other costs incurred in defending any such claim. Nothing in this indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, its elected officials, officers, agents, representatives and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and assigned Best's A- VII or better rating: A. Worker's compensation insurance, including "Wavier of Subrogation" clause, covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance, including additional insured and primary and non-contributory wording, covering third party liability risks, -7- including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance, including additional insured and primary and non-contributory wording, covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance, which covers the services, to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, which Consultant shall look solely to its insurance for recovery. Consultant hereby grants to in City, on behalf of any insurer providing workers compensation, comprehensive general, and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation, which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without consent of City shall be null and void. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice In and has received from Consultant written consent for such changes. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless City authorizes the release of information. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. Copies of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Blueprinting, CADD plotting, copying and other services through City's reproduction company for each of the required submittals. Consultant will be required to coordinate the required submittals with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Usable life of facilities criteria and provide information with regards to deficient facilities. -10- 18. ADMINISTRATION The Public Works Department will administer this Agreement. Lloyd Dalton, PE, shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. Consultant shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 20. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive -11- interest on any withheld sums at the rate of seven percent (7%) per annum from the date of withholding of any amounts found to have been improperly withheld. 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and/or a restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. B. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this -12- Section. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. 25. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Lloyd Dalton, PE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658-8915 (949) 644-3328 Fax (949) 644-3308 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Ron Yeo Ron Yeo, FAIA Architect, Inc. 500 Jasmine Avenue Corona del Mar, CA 92625 (949) 644-8111 Fax (949) 644-0449 -13- 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein whether of the same or a -14- different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 31. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in responsible charge of the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to -15- 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: -16- CITY OF NEWPORT BEACH A municipal corporation By: !�'c Mayor Tod W. Ridg ay Nis] ►1'i11_WTI aI EXHI.BIT "A:" MARINE STUDIES CENTER & WATER QUALITY LAB - SHELLMAKER ISLAND TASK 1. PRE -DESIGN, PROGRAMMING AND DATA REVIEW. A. Conduct geotechnical investigation B. Conduct utility and survey reports and plans C. Review reports and study the constraints & feasibility of the project D. Re -confirm or revise the various building program needs with the Department of Fish & Game, The OCHCA Water Quality Lab., the City of Newport Beach, O.C. Harbors Beaches and Parks, PFRD & the Newport Bay Naturalists and Friends. E. Review and comment on the proposed location of the temporary water quality lab. TASK 2. SITE PLAN A. Refine the Conceptual Master Site Plan to fit within the constraints of the site, based upon the Survey results. B. Cooperate & coordinate with the Department of Fish & Game's consultant for the habitat restoration, trails and site. C. Review plans with the "steering committee" and Coastal Staff. TASK 3. SCHEMATIC DESIGN A. Based upon the approved building program, develop schematic floor plans for the structure. B. Cooperate & coordinate with the Department of Fish & Game's consultant for the basic scope & needs for the tidepool and aquarium exhibits. C. Cooperate & coordinate with the Department of Fish & Game's interpretive & exhibit designer and incorporate their space needs. D. Interview departments and jointly develop an equipment, furniture and fixture list. E. Determine the utility needs. F. Review flood requirements and develop preliminary grading concepts. G. Obtain commitment and goals for sustainable energy designs from the "clients". H. Prepare a statement of probable construction costs. I. Review with the "steering committee" and Coastal Staff. TASK 4. PRELIMINARY DESIGN DEVELOPMENT A. Based upon the approved schematic design, develop preliminary floor plans for the structures. $C Coordinate the aquarium component needs. C. Develop preliminary sections and elevations for the structures. D. Develop building material and roof design options. Develop preliminary building systems for structural, mechanical, plumbing, electrical and communications and integrate the aquarium/tidepool utility system developed by others. X. Refine the site plan. G. Develop preliminary grading and utility plan H. Update building statement of probable costs. I. Construct a rough study model of the building in order to increase the understanding of the massing and proportions of the building. J. As an additional option construct a refined model of the building for fund raising purposes. K. Prepare a rendering of the facility as viewed from Dover Shores. L. Review with the "steering committee", Coastal Staff and the Dover Shores Association. TASK S. APPROVALS A. Cooperate and coordinate with City's environmental project manager consultants for obtaining a mitigated negative declaration and focused initial study, approval in concept" and the Coastal Development Permit. TASK 6. CONSTRUCTION DOCUMENTS A. Now that the final scope of the project is finalized, prepare a fixed fee for the construction document, bid and construction phases. EXHIBIT "B" MARINE STUDIES CENTER & WATER QUALITY LAB - SHELLMAKER ISLAND SCHEDULE OF FEES - RON YEO FAIA ARCHITECT, INC. 2002 PRINCIPAL ARCHITECT $ 120.00/HR. STRUCTURAL ENGINEERING 110.00/HR. PROJECT ARCHITECT 85.00/HR. SENIOR DESIGN ARCHITECT 75.00/HR. DESIGN ARCHITECT 65.00/HR SENIOR DRAFTSPERSON/DESIGNER 55.00/HR. INTERMEDIATE DRAFTSPERSON/DESIGNER 50.00/HR. APPRENTICE DRAFTSPERSON/DESIGNER 40.00/HR. PROFESSIONAL ADMINISTRATIVE STAFF 40.00/HR. PER DIEM/OUT OF SOUTHERN CALIFORNIA = $1000/DAY + EXPENSES. REIMBURSABLE EXPENSES x 1.15 1. TRAVEL COSTS ON BEHALF OF THE PROJECT (SITE VISITS, CONFERENCE, ETC.) AT .30/MILE. 2. COMMUNICATIONS AND DELIVERY ON BEHALF OF THE PROJECT. 3. FEES PAID FOR SECURING APPROVALS FROM AUTHORITIES. 4. EXPENSE OF REPRODUCTION, CAD PLOTTING, PICK-UP AND DELIVERY. - 5. SPECIALIZED SUBCONSULTANTS. 6. SPECIAL INSURANCE REQUIREMENTS. 7. DETAILED COST ESTIMATES. 8. RENDERING & MODELS ACCRDT. CERTIFICA7 'OF LIQ PRODUCER RECEI Dealey, Renton &Associates P. O. Box 10550 Santa Ana, CA 92711-0550 APR 0 4 ?002 714 427-6810 INSURED Public Works--Departmer Ron Yeo FAIA Architect I r City of Newport Beach 500 Jasmine Ave Corona Del Mar, CA 92625 COVERAGES L I TY I N S U R NCE DATE (MM/DD/Y 04/01/2002 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: United States Fidelity & Guaranty INSURER B: American Equity Specialty INSURER C: INSURER D. --------------- - - _ -. INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - POLICY EFFECTIVE iPOLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY '., LIMITS A GENERAL LIABILITY BKO0865774 06/01/01 L, 06/01/02 EACH OCCURRENCE - _$1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire)___,$11000,000 CLAINiS idIADE OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 _ ! GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: PRODUCTS -COMP/OPAGG 52,000,000 PRO- POLICY JECT LOC A AUTOMOBILE LIABILITY BKO0865774 06/01/01 06/01/02 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS - -- - BODILY INJURY SCHEDULED AUTOS (Per person) S X HIRED AUTOS - - -- -- 'BODILY INJURY X NON -OWNED AUTOS (Per accident) $ -------------- -- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY ! AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC S -__-- ,OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY ,i EACH OCCURRENCE '�, $ - OCCUR CLAIMS MADE ��, AGGREGATE - S DEDUCTIBLE — — $ -- RETENTION S $ WORKERS COMPENSATION AND'. WC STATU- ! OTH- , .__ fURY LllviiT$ E5._. EMPLOYERS' LIABILITY _--------_._ _-- -____-- E.L. EACH ACCIDENT 5- E.L. DISEASE - EA EMPLOYEE' $ E.L. DISEASE -POLICY LIMITS B OTHER Prof. Liab. PSO4012336 06/07/01 06/07/02 $1,000,000 per claim Claims Made $1,000,000 ann agg Incld Prior Acts $5,000 ded per claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Architectural operations for Marine Studies Center, Shellmaker Island The City, its officers, agents, officals, employees and volunteers are named as additional insured on the General Liability * 10 day notice of cancellation for nonpayment of premium V Gflllrll,MlG IIV LVCfI HUUIIIUNALIIVJUHt U;lNbUHtHLtIItH: IrHIV IiCLLH I IVIV IenU NOtICOTor NOn-vayment Premium SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL%)(R§ MXTPMAIL*30 DAYS WRITTEN Attn: Lloyd Dalton NOTICE TOTHE CERTIFICATE HOLDER NAM EDTOTHELEFT, BXX5A XWJZJd?j0V%QjRMXX 3300 Newport Blvd.o�xxa�x�e�trc�cszxxo�wtaWcxxxQxxnrrcnaxar�axxotnx�c►tos�axtzaXxx�cxxx Newport Beach, CA 92658-8915 ACORD 25-S (7/97)1 of 1 #S79Rd7/MRn7QR LIAI I (� CORD CORPORATION 19AR Policy Number: 13xo0865774 Owners Lessees or Contractors (Form B) ADDITIbNAL INSURED Change(s) Effective: 04/01/2002 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Name of Person or Organization: City of Newport Beach Attn: Lloyd Dalton 3300 Newport Blvd. Newport Beach, CA 92658-8915 SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. The City, its officers, agents, officals, employees and volunteers PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS IF EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. WAIVER OF SUBROGATION: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. CL/BF 22 40 03 95 ACOR ,. CERTIFICATL OF LIABILITY INSURAV ,E DATE PRODUCER Serial # B1252 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION P.P.I.B. 2244 W. COAST HWY., SUITE 200 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NEWPORT BEACH, CA 92663 EACH OCCURRENCE $ LICENSE NO. 0641361INSURERS - AFFORDING COVERAGE --- - INSURED RON YEO, FAIA ARCHITECT, IN a INsu ERA: AMERICAN ZURICH INS CO 500 JASMINE AVE. CORONA DEL MAR, CA 92625 APR O 5 2002 INsu ER B: - INsu ER C. INS ER D: NS ER E: Public Works Departure COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. — - — — - _— — ILTR NSR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION DATE (MWDDNY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE II OCCUR MED EXP (Any one person) $ T- - — - 'PERSONAL 6 ADV INJURY GENERALAGGREGATE $ FGEN'L AGGREGATE LIMIT APPLIES PER: -- __ PRODUCTS -COMP/OP AGG $ PRO- r POLICY I PRO-JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ -j SCHEDULED AUTOS (Per person) HIRED AUTOS I BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO f-- - - --I ---- - -- OTHER THAN EA ACC $ -----_--- AUTO ONLY: f_---_--- AGG $ EXCESS LIABILITY _ _ EACH OCCURRENCE $ OCCUR LJ CLAIMS MADE P �- AGGREGATE $ is DEDUCTIBLE $ --- $ RETENTION $ WORKERS COMPENSATION AND 12043719 9/1/01 9/1/02 X WC STATU- OTH- 1 ER ' TORY LIMITS _- _ A ,EMPLOYERS' LIABILITY __ E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - --- �i 000.7(-0 to EMPLOYEE] y � i E.L. DISEASE - POLICY LIMIT $ 1000000 � OTHER i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS MARINE STUDIES CENTER, SHELLMAKER ISLAND - r - I --n AUUI I IUNAL INSUHEU; INSURER LETTER: GANUrLLA I IUN THE CITY OF NEWPORT BEACH ATTN: LLOYD DALTON 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92658-8915 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. REPRESENTATIVE n Ar•nDn ieoo WC 252 (ED. 4-84) WC 04 03 06 (ED. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY TO WHICH IT IS ATTACHED EFFECTIVE ON THE INCEPTION DATE OF THE POLICY UNLESS A DIFFERENT DATE IS INDICATED BELOW. (THE FOLLOWING "ATTACHED CLAUSE" NEED BE COMPLETED ONLY WHEN THIS ENDORSEMENT IS ISSUED SUBSEQUENT TO THE PREPARATION OF THE POLICY) THIS ENDORSEMENT, EFFECTIVE ON 04/09/02 AT 12:01 A.M. STANDARD TIME, FORMS A PART OF POLICY NO. 2043719 OF THE AMERICAN ZURICH INSURANCE COMPANY ISSUED TO RON YEO, FAIR ARCHITECT, INC. WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. (THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM SERVICES UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.) SCHEDULE PERSON OR ORGANIZATION: THE CITY OF NEWPORT BEACH JOB DESCRIPTION: MARINE STUDIES CENTER, SHELLMAKER ISLAND SHERRY YdUN6 FOR (Authorized Representative) APR -11-2002 THU 07 11 AN CAL SURANCE FAX N0. 7149391654 P. 01/01 q, (;(4WW CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH - DATE RECEIVED: ' ID' 0Z DEPARTMENT/CONTACT RECEIVED FROM: ,I (G Ul�-S DATE COMPLETED: 4111 _01- SENT T0: S kAUvIU OV Le,0' BY: �`��° ! COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: l i4 l k- a /bt G I. GENERAL LIABILITY: A. INSURANCE COMPANY: Vt l ( U B. AM BEST RATING (A VII or greater): 6�l' X � / C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted it California? Yes J- No D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? I Q0Q, 60 U z OaDj E, PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it inc uded?esk No F. ADDITIONAL INSURDED WORDING TO INCLUDE: (Ile City its officers, agcnts, of icials, employees and volunteers): Is it included? Yes No _ G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes-z—No _ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No_P( I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY: II _ A. INSURANCE COMPANY: ►� l �c�.l `� B. AM BEST RATING (A VII or greater): A., X C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No_ D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided?_) t U U4 ,_aOC7- E. ADDITIONAL INSURED WORDIq4G TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes No F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yasf�e No,_ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. III. WORK FAS COMPENSATION: A. INSURANCE COMPANY: &TULCMks,. c� B. AM BEST RATING (A VII or greater) C. L TTS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No IF NO, WHICH ITEMS NEED TO BE COMPLETED?