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HomeMy WebLinkAboutC-4110 - PSA for Public Docks Access Improvements (15th, 19th and Fernando Streets)•1 C- �lno AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT WITH BLUEWATER DESIGN GROUP, LLC FOR PUBLIC DOCK ACCESS IMPROVEMENTS THIS AMENDMENT NO. THREE TO PR FES IONAL SERVICES AGREEMENT, is entered into as of this Uth day of ( , 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and BLUEWATER DESIGN GROUP, LLC, a Delaware Limited Liability Company whose address is 2500 Via Cabrillo Marina, Suite 200, San Pedro, California 90731 ( "CONSULTANT"), and is made with reference to the following: RECITALS: A. On October 15, 2008, CITY and CONSULTANT entered into a Professional Services Agreement to prepare final contract drawings for the expansion of three public docks at 15th, 19"' and Fernando Streets, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated October 19, 2009. C. CITY desires to enter into this AMENDMENT NO. THREE to reflect additional services not included in the AGREEMENT or prior AMENDMENTS, to extend the term of the AGREEMENT to December 31, 2010 and to increase the total compensation. D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. THREE," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: BEENFaRTI, The term of the AGREEMENT shall be extended to December 31, 2010. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NOS. ONE and TWO, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. THREE including, but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION 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 to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty -Seven Thousand, Eight Hundred Eighteen Dollars and no/100 ($27,818.00) without prior written authorization from City. 3.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. THREE, including all reimbursable items and subconsultant fees, in an amount not to exceed Six Thousand, Forty -One Dollars and no/100 ($6,041.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. THREE on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY a)ftVL �/h Leonie Mulvihill, Assistant City Attorney ATTEST: Leilani I. Brown, City Clerk Attachment CITY OF NEWPORT BEACH, A Municipal Corporation fphen G. Badum, blic Works Director BLUEWATER DESIGN GROUP, LLC resident and Chief Financial Officer Exhibit A — Additional Services to be Performed I• EXHIBIT A 2500 Vin CahnBo Marina, Suite 200 San Pedro, CA 90731 Phone (310) 548 -3132 F: (310) 548 -1924 i , ^ a February 15, 2010 Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Ref: Newport Harbor Public Access Docks Request for Amendment to Proposal for Professional Services Dear Mr. Sinacori: The building department permit was finally issued on Feb 3rd 2010. So far we completed the following tasks as described in our original contract dated September 2, 2008 and amendment dated October 19, 2009. Task 1— Document Existing Conditions Task 2 — Analysis of ADA Requirements Task 3 — Permitting Assistance Task 4 — Final Design Preparation of Construction Documents Task 5 — Cost Estimates We have the following task to yet to be completed. Task 6 — Construction Support and Preparation of As- Builts Drawings Planning and Engineering Services For Marinas wd Waterfront Resorts February 15, 2010 Page 2 Summary of Contract to date: Description Original 1st Contract Amend ment Total Contract Spent Balance Request for Amendment Task 1 1,240.00 - 1,240.00 1,240.00 - Task 2 1,548.00 1,652.00 3,200.00 8,841.44 (5,641.44) 5641.00 Task 3 2,523.00 - 2,523.00 2,523.00 - Task 4 7,172.00 3,100.00 10,272.00 10,272.00 Task 5 774.00 - 774.00 774.00 - Task 6 2,568.00 - 2,568.00 - 2,568.00 - Project Reimbursable Expenses 800.00 400.00 1,200.00 1545.00 (345.00) 400.00 TOTAL 16,625.00 5,152.00 21,777.00 25,195.44 (3,418.44) 6,041.00 We would like to request an amendment to the contract by additional $6,041.00. Total project contract will be $ 27,818.00 In Task 2 we had total of $3,200 (after the V amendment) for ADA Analysis. After the V amendment, we anticipated the there would be no more issues regarding ADA access. Several issues came up after it was found a ramp proposed at 19" street would not be permitted. We had to go back and have all three projects reviewed by the Building Department again. As you know, it took several meetings with Mr. Jurdi and Mr. Barar, several site visits and several modifications before ADA access solution was agreed. We spent far more time than anticipated on this phase. This also led to increase in reimbursable expenses for mileage, printing and postage. As indicated in the summary above, we will still have budget available for Task 6 — Construction Support Services and As Builts. We anticipate that the budget for these services is adequate for the required tasks. We therefore respectfully request an amendment to our original contract for the additional $6,041.00. 'Phis would amend the total project contract to $ 27,818.00 February 15, 2010 Page i 11MMMY'" If after your review, you find the above acceptable, please sign and return a fully executed copy of the enclosed agreement for services. Please feel free to call with any questions or for additional information. Very truly yours, BLUEWater Design Group �w Timothy Bazley, P.E. President Enclosure. Amendment to Agreement 2nd AMENDMENT TO AGREEMENT Project Name: Newport Harbor Public Access Docks THE AGREEMENT, dated February 15, 20 0 between City of Newport Beach: Public Works Department and BLUEWater Design Group for services on the above named Project, is hereby amended as follows: 1.0 SERVICES As described in "Request for Amendment to Proposal for Professional Services" letter. dated Feb 15, 2010. 2.0 CHARGES OR PAYMENTS Increase to the original contract amount of $6.041.00, with a total contract value of 527118.00 3.0 OTHER AMENDMENTS Except as expressly amended herein, all provisions contained in the aforementioned Agreement and its Amendments shall remain in full force and effect and are hereby incorporated herein by this reference. BLUEWater Design Grout' _ By • t ,t&z By Title President Title Date I L� fi 0 Date AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH BLUEWATER DESIGN GROUP, LLC FOR PUBLIC DOCK ACCESS IMPROVEMENTS THIS AMENDMENT � NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, � is entered into as of this ,�•, day of 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and BLUEWATER DESIGN GROUP, LLC, a Delaware Limited Liability Company whose address is 2500 Via Cabrillo Marina, Suite 200, San Pedro, California, 90731 ( "CONSULTANT'), and is made with reference to the following: RECITALS: A. On October 15, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT," to prepare final contract drawings for the expansion of three public docks at 15`n 19th and Fernando Streets, hereinafter referred to as "PROJECT." B. CITY and CONSULTANT have entered into one separate AMENDMENT of the AGREEMENT, the latest dated September 4, 2009. C. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT and to increase the total compensation D. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. E. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The- term of the AGREEMENT remains unchanged and shall tefminate on June 30, 2010. 2. ADDITIONAL SERVICES TO BE PERFORMED In addition to the services to be provided pursuant to the AGREEMENT and AMENDMENT NO. ONE, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION 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 to the AGREEMENT. Consultant's total amended compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Twenty -One Thousand, Seven Hundred Seventy -Seven Dollars and no/100 ($21,777.00) without prior written authorization from City. 3.1 The amended compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, in an amount not to exceed Five Thousand, One Hundred Fifty -Two Dollars and no/100 ($5,152.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: 7�? ne . Be mp, Assistant City Attorney ATTEST: By. 4�� �! Leilani I. BrovA City Clerk Attachment: CITY OF NEWPORT BEACH, A Municipal Corpgration fep G. Badum, Pu c Works Department Director CONSULTANT: BLUEWATER DESIGN GROUP, LLC By: ��2_ A �_� Tim Bazley, President and Chief Financial Officer Exhibit A — Additional Services to be Performed 2 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 Phone (310) 548 -3132 Fax (310) 548 -1924 BLUEWater Design Group August 20, 2009 Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Ref: Newport Harbor Public Access Docks Request for Amendment to Proposal for Professional Services Dear Mr. Sinacoti: We are close to finalizing the permitting process for the 15' Street, 19' Street and Fernando Street Public Access Piers. All regulatory permits have been issued for all three projects. We are about 2 weeks away from getting the building permit. So far we completed the following tasks as described in our original contract dated September 2, 2008 Task 1— Document Es;sting Conditions Task 2 — Analysis of ADA Requirements Task 3 — Permitting Assistance Task 4 — Final Design Preparation of Construction Documents Task 5 — Cost Estimates We have the following task to yet to be completed. Task 6 — Construction Support and Preparation of As -Bats Drawings Planning and Engineering Services For Marinas and Waterfront Resorts 1st AMENDMENT TO AGREEMENT Project Name: Newport Harbor Public Access Docks THE AGREEMENT, dated Aueust 20, 2009, between City of Newport Beach; Public Works Department and BLUEWater Design Group for services on the above named Project, is hereby amended as follows: 1.0 SERVICES As described in, "Rcduest for Amendment to Proposal for Professional Services;' letter, dated 2.0 CHARGES OR PAYMENTS Increase to the original contract amount of $5,152.00, with a total contract value of $21,777.00. 3.0 OTHER AMENDMENTS Except as expressly amended herein, all provisions contained in the aforementioned Agreement and its Amendments shall remain in full force and effect and are hereby incorporated herein by this reference. BLUEWater Design Group By M Title President Title COMERW44i �/Y ISSUED IN FOUR (4) ORIGINAL COUNTERPARTS INSCO INSURANCE SERVICES, INC. ff'9SC%1C0 Undsrwriting Manager for. (r%J.^�r Developers Suety and Indemnity Company Indemrnly Company of California 17700 Fitch. Stile 200 • Irvine, California 92614 • (949) 2633300 BOND RIDER ATTACHED TO AND FORMING A PART OF: Bond No.: 350163 -P Principal: SWIFT SLIP DOCK AND PEIR BUILDINGS, INC. Obligee: CITY OF NEWPORT BEACH Surety: INDEMNITY COMPANY OF CALIFORNIA Effective MARCH 17TH , 20 10 , it is agreed that: THE CONTRACT AMOUNT OF THE JOB IS ONE HUNDRED FIFTY FOUR THOUSAND NINE HUNDRED THREE N01100 DOLLARS ($154,903.00). Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or warranties of the above mentioned bond, other than stated as above. Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 20TH day Of APRIL , 20 10 SLIP 401!* AND PEIR BUILDERS, Surety: f4DEMI41TY COMPANY OF CALIFORNIA INC. PHILIP VWk I Attorney -in -Fad PRODUCER: PHILIP VEGA 534 E. BADILLO ST. COVINA, CA 91723 ID 1183 (REV. 1101) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND WDENNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725. IRVINE, CA 92521 (909) 263,"W KNOW ALL MEN BY THESE PRESENTS, Ihot as except as expressly united, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEWUTY COMPANY OF CALIFORNIA, do eac)% hereby make, consSNle Ord appoint * *Phillip E. Vega, Frank Morones, jointly or severally "" as their true and ICI Aaorney(3)JnFacL to make, exew(a, delRer and artrgMedge, for and on besett of said caporabons, as wrmles, bads, uMadadngs arid contracts of surety. ship gM q and granting unto said Aaomay(sFkh{ ma power and authority to do end to perform away ad necessary. rogdalte or proper to be done In Connection Bherewi as Bah of sae corporations could do, but raserArg to each of said wrpaBLcrls full pow of whillJlat and revocallon, and of of the KU of said ABorney(s}MFsct psawanl ID Blase presents, we thereby ratified ad confirmed. This Power of Adomey Is granted and Is signed by faeshk under and by authadty of the litbAng resouborss adopted by the respecti Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, eflecM as of January 1st, 2008. RESOLVED, Thal the chairman of the Board, the President and any Vice President of tha wrpor dw be, and that each of thom hereby, is, aMabad to exewfe Pares Of Autrey, qualifying the aRonwy(s) named in the Powers of Attorney to execute, an behalf of the ta>tFaatiaa. bonds, undedakYgs and mseacla of sts"hip; and Oa the Secretary of any Assistant Secretary of the corporations be. and each c( Oem hereby Is, auftmed to allDO this axeClydon of arry such Perm of Aaaw. RESOLVED, FURTHER, Oaf the skgnatums of such oOcem may be aMxed to any such Power o(ABomey or to any ceNficale mImAg Thereto by larslmle, and arty such P"er of Attorney or cers5raa bearing such facsYrtlla signabaes afsas be valid and btdhg upon the corpaaeons when w a5xed and in the future vAth raw[ to cry bond, wwwIel" or contact of suretyship to which Ilis abeched. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY end INDEMINRY COMPANY OF CALIFORNIA have severally cwsed Base presents to be signed by that respective Vice Presider and ales/ \led by their respective Assistant Sevriary Ole January Ist 2DOA. 9y. � °b'1;( AND :.YIVp•�. K.P:ISNp.O Stephen T. Pale, Senior VRe Presidon 01i, O C- r . ac OCY. �4 2.'.... o r B Y � 3 : Charles L. Day. Assistant Secretary j��v� State of California County of Orange On January 1st. 2008 before me, Chrtslmhei J. Roach Notary PubAc Aa1e Here Insert Name and Tide of Ise 016ur peisa aly appeared Name(s) W Sigrarls) Who proved to me on the bass of sattdavcry eukeace to be this pers m(s) V*" Mateo) ferias auhaa6ed to the wahen Instrument and acknevrfedged to me that hdahatlsey aeaaed Bar same In hlsdwrAhai sumaUed rapadty(ba), ad dust by hisNe ttac slgihaWre(s} on the Instrument the paaoh(s), a the entry upon behalf a bRiiISTONNEQ J RandH *rich are perean(s) acted, exeMad the insbumenl. t`AMM. 0:1745939 NOTAHY PU9LIO GILIFOR2JI .1 ORAiJOECFjl1FiTV• my oomm. equ6ee Nley.liT, 20111 Placa Notary Sea Above I calory under PEN&TY OF PERJURY under the laws of the State of California tsar the "*q paragraph Is true and oonecL WITNESS my hand and2 asea. Signature ChdairsX.I.Roach CERTIFICATE The urde signed, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and WDEUMTY COMPANY OF CALIFORNIA, does hereby ce" vhat the lotegoing Pourer of Attorney remains In Ad lace and has not been rwokeq and hvMermae. that be provisions of the tasoulfons of the nespecbce Boards r CMedors of said corporations set Win in the Power of ABomney, are in force as of this data of this Certificate, This Ceniacete is axewted n the City d wine, CaMomla, the 20TI*Y dl APRIL. 2010 PJbert MAeohand, Assistant eaelary 161350(W er)(Rev.07707) 0411b AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH BLUEWATER DESIGN GROUP, LLC FOR PUBLIC DOCK ACCESS IMPROVEMENTS THIS AMENDMENT NO. ONIE O -PRO ESS)ONAL SERVICES AGREEMENT, is entered into as of this `day of� :i 2g,6 e,,ZO09, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and BLUEWATER DESIGN GROUP, LLC, a Delaware Limited Liability Corporation, whose address is 2500 Via Cabrillo Marina, Suite 200, San Pedro, California, 90731 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On October 15, 2008, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT', for engineering design services for the 15tH 19`n and Fernando Streets dock design, hereinafter referred to as "PROJECT'. B. CITY desires to enter into this AMENDMENT NO. ONE to extend the term of the AGREEMENT to June 30, 2010. C. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. The term of the AGREEMENT shall be extended to June 30, 2010. 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: ynette D. Beauchamp Assistant City Attorney for the City of Newport Beach ATTEST: f r By: 9 awy�� Leilani Brown, City Clerk For the City of NBeach CITY OF NEWPgRT BEACH, A Municipal,' ration m 2 p en G. Badum is Works Director the City of Newport Beach BLUEWATER DESIGN GROUP: By: Tim Bazl4 , President and Chief Financial Officer Al2ORD CERTIFICATE 1F LIABILITY INSURANC- OP ID DE DATE(MM /DD/YYYY) MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH BLUE W -2 08/31/09 PRODUCER NSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICY NUMBER DATE MM /DD/YY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (OC) Heffernan Prof. Practices HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1855 W. Katella Ave. #255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92867 EACH OCCURRENCE $ 1,000,000 • Phone:714- 997 -8100 Fax:714- 460 -9935 X COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC9 INSURED PREMISES(Eaoccurenw ) INSURER A: Employers Fire Insurance 20648 CLAIMS MADE 1-1 OCCUR INSURER B: One Beacon America 21970 Bluewater Design Group LLC And Winje An MEO EXP (Anyone person) INSURER C: US Specialty Insurance Co. 29599 25017 Via Cabrillo Marina # 200 INSURER D: San Pedro CA 90731 INSURER E: s2,000,000 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DD/YY PDATE MM /DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 • X X COMMERCIAL GENERAL LIABILITY FF1U44538 12/14/09 12/14/10 PREMISES(Eaoccurenw ) $300,000 CLAIMS MADE 1-1 OCCUR MEO EXP (Anyone person) $ 5,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 P PRO- LOC OLICY ECT A X AUTOMOBILE LIABILITY ANY AUTO FF1U44536 12/19/09 12/14/10 COMBINED SINGLE LIMIT Ea accident) $11000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON- OWNEDAUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ ANY AUTO NOT APPLICABLE $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR 0 CLAIMS MADE NOT APPLICABLE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE 406- 02 -00 -36 12/14/08 12/14/09 X TORY LIMITS ER E.L. EACHACCIDEM $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1000000 OTHER C Professional Liab US081266502 07/01/09 07 /01 /10 Ea Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS All operations under contract including professional services for public dock access improvements re: Auto liability and general liability city of newport beach, its officers, agents, employees and designated volunteers are named as addl ins per the attached endt Waiver of subrogation applies *Except 10 day notice of cancellation for non payment of premium CERTIFICATE HOLDER City of Newport Beach Public Works Dept Attn: Shawn Oyler PO Box 1768 Newport Beach CA 92658 -8915 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO 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 © ACORD CORPORATION 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CA 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 This endorsement effective on forms a part of Policy No 406- 02 -00 -36 of the One Beacon America Insurance Company issued to: Bluewater Design Group LLC Premium (if any) $ at 12:01 am standard times Endorsement No f� Authorized Representative 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 work under a written contract that requires you to obtain this agreement from us) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: WC 252 040 84 Architects and Engineers Extender Additional Insured Language` The following policy language is from Employers Fire Insurance Company Business Owners Liability Coverage Form G1591103 05: Form G15911 03 05 Amends the Commercial General Liability Coverage Form: The following are added to Section II — Who is an insured: a. Person or organization required by Written Contract Any person or organization that you agree to add as additional insured under this General Liability coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of your non- professional work for that person or organization. However such person or organization is not an additional insured with respect to any: (1) "Bodily Injury", "property damage ", or "personal and advertising injury" that does not arise out of: (a) Your Negligence: or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury: "property damage" or "personal and advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement. (3) "Property Damage" to: (a) Property owned, used or occupied by or loaned or rented to, such person or organization: or (b) Property over which such person or organization is for any purpose exercising physical control: (4) All Professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advise, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement made to real property. Construction also includes the hiring, supervision or management of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsile that was not caused by professional activities listed in the above paragraph. Primary & Non - Contributory: This insurance will be considered primary to, and non - contributory with any other insurance issued directly to a person or organization added as an additional insured. Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate Limit under Section III - Limits of Insurance applies separately to each of "your projects" or each location listed in the location information in the common policy declarations. Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insured applies: a. As if each Named insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV — Commercial General Liability Conditions: However, we waive the right of recovery and proceeds we may have against any person or organization that is added as an additional insured under 1.1.a a. Because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" in ongoing operations include or included in the "products- completed operations hazard" and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. NAMED INSURED: POLICY NUMBER: Bluewater Design FF1U44538 Group LLC /; AUTHORIZED REPRESENTATIVE 'From Form: G15911 03 05 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 Phone (310) 548 -3132 Fax (310) 548 -1924 BLUEWater Design Group August 20, 2009 Public Works Department City of New=port Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Ref: Newport Harbor Public Access Docks Request for Amendment to Proposal for Professional Services Dear Mr. Sinacori: We are close to finalizing the permitting process for the 1? Street, 19'' Street and Fernando Street Public Access Piers. All regulatory permits have been issued for all three projects. We are about 2 weeks away from getting the building permit. So far we completed the following asks as described in our original contract dated September 2, 2008 Task 1— Document Existing Conditions Task 2 — Analysis of ADA Requirements Task 3 — Permitting Assistance Task 4 — Final Design Preparation of Construction Documents Task 5 — Cost Estimates We have the following task to yet to be completed. Task 6 — Construction Support and Preparation of As -Builts Drawings Planning and Engineering Services For Marinas and Waterfront Resorts August 25, 2009 Page 2 Summary of Contract to date: Description Est. Budget (Contract) Spent Balance Task 1 $ 1,240.00 $ 1,240.00 $ $ Task 2 $ 1,548.00 $ 3,200.00 $ (1,652.00) $ Task 3 $ 2,523.00 $ 2,523.00 $ - $ Task 4 $ 7,172.00 $ 9,158.00 $ (1,986.00) $ Task 5 $ 774.00 $ 774.00 $ - $ Task 6 5 2,568.00 5 - $ 2,568.00 $ Request for Amendment 1,652.00 3,100.00 Project Reimbursable Expenses $ 800.00 $ 880.00 $ (80.00) $ 400.00 TOTAL $ 16,625.00 $ 17,775.00 $ (1,150.00) $ 5,152.00 We would like to request an amendment to the contract by additional $5152.00. Total project contract will be $ 21777.00. There are several reasons we went over the budget. In Task 2 we had $1548.00 for ADA Analysis. More time than anticipated had to be spent on responding to comments from the City of Newport Beach Building Dept. regarding ADA solutions. In our budget we did not anticipate spending time in "Request Unreasonable Hardship ". In Task 3 we had $7,172.00 for final design. We did a complete dock design similar to the City's dock at American Legion (15th Street - Phase I of this project). We did not consider these public docks to be commercial dock in our design. According to City of Newport Beach, Building Dept comments, the public docks needed to be designed to 50 psf live load and meet the freeboard criteria in accordance to commercial docks. We redesigned all three docks to meet 50 psf live load, but the freeboards were too high. We proved that it was not possible to meet both 50 psf live load and freeboard criteria. Building department agreed on redesigning to 32 psf live load and we had to file for "Modification to Provisions of the Building Code Request Form ". Hence we spent more time than anticipated. August 25, 2009 Page 3 SUMMARY If after your review, you find the above acceptable, please sign and return a fully executed copy of the enclosed agreement for services. Please feel free to call with any questions or for additional information. Very truly yours, BLUEWater Design Group � 44Y�'- Timothy Bazley, P.E. President Enclosure: Amendment to Agreement PROFESSIONAL SERVICES AGREEMENT WITH BLUEWATER DESIGN GROUP FOR PUBLIC DOCK ACCESS IMPROVEMENTS THIS AGREEMENT is made and entered into as of this 156kday of d 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BLUEWATER DESIGN GROUP, LLC a Delaware Limited Liability Corporation, whose address is 2500 Via Cabrillo Marina, Suite 200, San Pedro, California, 90731 ( "Consultant "), 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 planning to expand three public docks at 15th, 19th and Fernando Streets to allow for more boat tie -up ( "Project "). C. City desires to engage Consultant to prepare the final contract drawings for Project construction. 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 Tim Bazley. 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 the 30th day of June 2009, 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. 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 Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule 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 Sixteen Thousand, Six Hundred Twenty -Five Dollars and no /100 ($16,625.00) 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: 9 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. 5. PROJECT MANAGER 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 PRABIN TULADHAR 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. If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. MICHAEL SINACORI, P.E., shall be 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. 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. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. 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. 8.4 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 be in 19 charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with 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 be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. BOLD 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 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 the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, 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, active 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 .9 exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. l09 D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the Jaws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. 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, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 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 occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of two million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. Vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. 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. T 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 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 M 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. 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. 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 10 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. 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: 11 Attn: Michael Sinacori, P.E. Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949-644-3342 Fax: 949-644-3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Tom Bazley BLUEWater Design Group, LLC 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 Phone: 310 -548 -3132 Fax: 310 - 548 -1924 28. 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. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 12 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 13 — __ -37. EQUALOPPORTUNIT 'l- El— proyffp'N1-- - - -- -- ------ _.- _.-- ---- -..- .__._ -.._ 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. IN WITNESS WHEREOF, the parties have caused this Agreement to e execu a on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF N1 A Municipal H, X-orks Director City of Newport Beach BLUEWATER DESIGN GROUP: By: �2— 6& �/,� (Corpo ate Officer) Title: /� ette, '- Print Name�✓��d6 U—'evf By: 'SA -444 44 r-�✓(o (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f: \users \pbvAshared \agreementslfy 08.09 %luewater design- public dock access improvements.doc T Exhibit A 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 Phone (310) 548 -3132 Fax (310) 548 -1924 BLUEWater Design Group September 2, 2008 Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attn: Mr. Michael J. Sinacori, P.E. Assistant City Engineer Ref: Newport Harbor Public Access Docks Proposal for Professional Services Dear Mr. Miller Thank you for the City's continued interest in our firm. It is our privilege to present this proposal for BLUEWater Design Group (BDG) professional services to assist in the final design of the 15h Street, 19" Street and Fernando Street Public Access. BACKGROUND The proposed project is to provide final design services and construction documents for the above named public access docks and piers located in the City of Newport Beach. This work will supplement work earlier performed by BDG which included conceptual design and cost estimates, and preparation of grant applications to secure partial funding of these facilities. These conceptual designs will serve as the basis of this work. Final costs estimates will also be prepared as designs are finalized. The piers, gangways, and docks are in need of rehabilitation through repair or replacement. The federal American's with Disabilities Act (ADA) and the California Building Code require that improvements to public facilities include efforts to bring the facility into compliance with current accessibility guidelines and codes. This is not always a straightforward process and will require coordination with the City of Newport Beach Harbor Resource Department (Harbor Resources) and the City of Newport Beach Building Department (Building Department) to interpret the ADA requirements that apply to these structures. To accomplish this we propose to accomplish the following scope of services: Planning and Engineering Services For Marinas and Waterfront Resorts September 2, 2008 Page 2 SCOPE OF SERVICES Task 1— Document Existing Conditions This task includes preparation of the base maps and confirmation of the proposed dock layout. The required site data includes location of piles, dock layout, gangway and site bathymetry. Task 2 — Analysis of ADA Requirements BDG shall prepare an analysis of ADA access issues at each of the three locations and provide our recommendations. Various options per site will be identified. These would consist of rehabilitation and /or replacement in full compliance with ADA requirements, and finally a plan that implements ADA requirements as best as practical based on site parameters and economics. A report describing this analysis will be prepared and will be suitable for presentation to the Building Department to help determine the accessibility requirements for the final design at each of tli locations. BDG will be available to attend meetings with the City Building Officials and other City Departments as requested. Task 3 — Permitting Assistance1 n BDG shall provide permitting assistance for any required Califc lX Commission, Army Corp of Engineers, Regional Water Quality Control B BDG shall also provide assistance doing eel grass study. BDG will fill Permit application forms; provide the drawings and descriptions necessary to be attached with the permit applications ready for submittal to the respective permit agencies. BDG shall provide recommendation of companies to do the eel grass study. Task 4 — Final Design Preparation of Construction Documents Using the selected conceptual alternative as our base and including results of the ADA determination, BDG shall develop the final design. Final design will include preparation of appropriate engineering calculations and final design drawings and specifications suitable for submission for Building Permits. BDG will respond to permit review questions and concerns and provide a final set of drawings which can be approved for construction. BDG will also remain available during the bid process to answer requests for clarification. Finally, BDG will assist the City in evaluating the bids for responsiveness. Task 5 — Cost Estimates Once the design has been finalized, BDG shall prepare a final cost estimates for construction of the piers. September 2, 2008 Page 3 Task 6 — Construction Support and Preparation of As- Builts Drawings BDG will be available under this task to provide construction support at times and occasions as requested by the City. Typically these duties would include a response to RFIs, review of required submittals, and construction observation for general conformance with the plans and specifications. This phase does not include construction management, special inspections or provision of record drawings. BDG shall prepare the final As -Built Drawings. SCHEDULE The ADA analysis and report should be completed within of a couple of weeks after Notice to Proceed is received. However, before final designs can be put to paper, the ADA compliance issues need to be resolved. Because the process of final determination is somewhat internal to the City, it is unclear to us at this time how long BDG should allot for that phase. Final plans can be submitted to the building department within three weeks of receipt of the ADA determination. We understand that time is of the essence on the completion of these improvements to the public piers. Staff will work with BDG to determine project milestones and deadlines as these City processes are better understood. Description Task 1 —Document Existing Conditions Task 2 — Analysis of ADA Requirements Task 3 — Permitting Assistance Task 4 — Final Design Preparation of Construction Documents Task 5 — Cost Estimates Task 6 — Construction Phase Support BUDGET Timeframe 1 week from NTP 4 weeks from NTP As needed 3 weeks from ADA determination 3 weeks from ADA determination As needed BDG shall complete the tasks outlined above for a not -to- exceed fee of $16,625 and in accordance with the standard terms and conditions as attached. All fees will be charged as noted in the attached rate schedule dated March, 2008 — Exhibit B. This proposed amount will not be exceeded without prior written approval. The following provides an estimate of fees for the tasks outlined above. Description Budget Task 1 — Document Existing Conditions $ 1,240 Task 2 — Analysis of ADA Requirements $ 1,548 Task 3 — Permitting Assistance $ 2,523 Task 4 — Final Design Preparation of Construction Documents $ 7,172 Task 5 — Cost Estimates $ 774 September 2, 2008 Page 4 Task 6 — Construction Support and Preparation of As- Builts Drawings $ 2,558 Project Reimbursable Expenses S 800 Total $ 16,625 The budgets above represent our best estimates at this time. Only actual hours will be billed. If the budgets are to be exceeded, we will request approval prior to exceeding the estimates. 313V �:i 1 If after your review, you find the above acceptable, please sign and return a fully executed copy of the enclosed agreement for services. This will serve as our official notice to proceed. Thank you again for your time and interest in our firm. We look forward to the opportunity to continue working with you on this exciting project. Please feel free to call with any questions or for additional information. Very truly yours, BLUEWater Design Group �i Timothy Bailey, P.E. President Enclosure: Agreement for Services (two copies) Standard Terms and Conditions Schedule of Fees — Exhibit B Exhibit B B TEWater Design Group RATE SCHEDULE FOR PROFESSIONAL SERVICES REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost +10% Reproductions -In House Drawing Reproduction (2406) CLASSIFICATION HOURLY RATES PROFESSIONALS Supervisory Engineer $ 169.00 Cost +10% Senior Engineer $ 129.00 Actual Cost Engineer $ 124.00 Actual Cost Staff Engineer $ 105.00 Engineer I $ 80.00 Engineer Intern $ 67.00 TECHNICIANS Designer $ 113.00 CADD Technician $ 92.00 CLERICAL Word Processing $ 59.00 General Clerical $ 54.00 SPECIAL Principal $ 187.00 Court Appearances $ 281.00 REIMBURSABLE EXPENSES (Unless Otherwise Provided in Written Agreement) Subcontracts or Outside Services Cost +10% Reproductions -In House Drawing Reproduction (2406) $2.25 /sheet Drawing Reproduction (11x17) $0.25 /sheet Document Reproduction (8.5x11) $0.10 /page - Outside Reproduction Cost +10% Travel Auto Mileage $0.585 /mile Rental Vehicle Actual Cost Airfare Actual Cost Meals and Lodging Actual Cost BL WATER PE.110. .." 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Address I@ http://kepler,ss.ca.gov/corpdata/ShowLplIcA]l 1-ist?Queryi-pl ICNU niber=2000068 10081,&printer= s F% rites L A... Q3 Organi7 -�jLinks oMedia DISCLAIMER: The information displayed here is current as of Sep ibJ A.M. Best The ... 5. 2008 and is updated weekly. It is not a complete or certified 4abc7xonn Wea ... record of the Limited Partnership or Limited Liability Company. t:iAgents & Brok... LP/LLC �tJBioSpace New- IBLUEWATER DESIGN . - GROUP .. . . ILLC Business Licen... ...... ............... r ........ I—— .... ... . ..... . ------- - Number: 'Date FlIed: ;Status: CA Dept of Ins- 1300006810082 13/7/2000 :active 8Califbmia Secr... 1 t -.- ...... �Camping and i iJurisdiction: DELAWARE .... ........ ..... .... .. ...... . ACANON COPIE ... Address ZCheck Interact ... 1�500 VIA CABRILLO MARINA STE 200 -OCIassmates I [,S--AN —PEDR-0, CA 90731 ....... sOCNB-Online PA...' --------- - QConsumerRep ... I I Agent for Service of Process - ------ zOCou�Contractor Linf.. c ... iNATIONAL REGISTERED AGENTI S, INC- (1941323) it Case I s]craigslist oran... Blank fields indicate the information is not contained in the computer file. gJCredit Union @Davis-Stirling.- If the agent for service of process is a corporation, the address of 10 ^'SCOUnt Cruis... the agent may be requested by ordering a status report. Fees and ;count hotel... instructions for ordering a status report are included on the Business Entities Records Order Form. c0edexxom - =� X . ....... . .... ..... ... i d. (3*0'' L i riks infiree fonts .. . .. .......... .......... . Done S. i Internet - -- ---------- Microsoft— 3 Micr— 2 Per... -1 JL)BLUEWA... 1[ 3:27 PM Client#: 80319 BLUEWAT2 ACORD,e CERTIFICATE OF LIAMLITY INSURANCE � OATE,MMIDDNYYY) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lTR 10103/08 PRODUCER THIS CERTIFICATE IS ISSUED AS AMATTER OF INFORMATION HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2030 Main Street, Suite 350 GENERAL LIABILITY - 1U44538 Irvine, CA 92614 -7248 INSURERS AFFORDING COVERAGE NAIC p INSURED Bluewater Design Group LLC 2500 Via Cabrillo Marina, Suite 200 San Pedro, CA 90731 INSURER Employers Fire Insurance Company 20648 INSURER D. OneBeacon America Insurance Company 20621 INSURERC: US Specialty Insurance Company 29599 INSURER D: $300,0013 NSURER E: CLAIMSMAOE OCCUR COVERAGES THE POUCIES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lTR NB TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTNE D MIODIYY POLICY EXPIRATOH AT I! OD LIMITS A GENERAL LIABILITY - 1U44538 12/14107 12114/08 EACH OCCURRENCE $1,000,000 X COMMERCMILGENERALUABILITY DAMAGE TO RENTED PRfiMISE5 19, $300,0013 CLAIMSMAOE OCCUR MED EXP(A" ae pemon) $5000 PERSONAL 8 ADV INJURY $1.000.000 GENERAL AGGREGATE s2­00-0.0-0-0 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO s2000000 Mo. LOC JECT POLICY A AUTOMOBILE IJABILITY IIU44538 12114107 12/14/08 COMBINED SINGLE LIMIT (Ea ew .0 $1,000,000 ANY AUTO BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per pawn) S BODILY INJURY _ X HIREDAUTOS X NON.OWNED AUTOS (Pcrar .I) b PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO S AUTO ONLY: AGO EXCESSIUMSRELLA LIABILITY EACH OCCURRENCE S OCCUR FI CINMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND 406020036 12114107 12/14/06 X WCSTA'TU- OTH- EM PLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOWPARTNEWEXECUTNE E.L. DISEASE• EA EMPLOYEE $11,G00,000 OFFICENMEMBER EXCLUDED? II yes, desnibe ender SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Professional US081266502 07101/08 07101109 $1,000,000 Per Claim ,Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ALL OPERATIONS INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC DOCK ACCESS IMPROVEMENTS. AUTO LIABILITY (HIRED AND NON -OWNED AUTOS ONLY) AND GENERAL LIABILITY ONLY: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND DESIGNATED VOLUNTEERS ARE NAMED (See Attached Descriptions) CITY OF NEWPORT BEACH PUBLIC WORKS DEPT. PO BOX 1768 Newport Beach, CA 92658.8915 ATTN: SHAUNA OYLER LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL VV00MRX§t MAIL In WRITTEN IE TO THE CERTIFICATE HOLDER NAMED TO THE LEF1.0X9JANXX*0DQ0Q0Mlt AUTHORIZED REPRESENTATIVE IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(fes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Architects and Engineers Extender Additional Insured Language* The following policy language is from Employers Fire Insurance Company Business Owners Liability Coverage Form G15911 03 05: Form G15911 03 05 Amends the Commercial General Liability Coverage Form: The following are added to Section II - Who is an insured: a. Person or organization required by Written Contract Any person or organization that you agree to add as additional insured under this General Liability coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage' occurs or the offense that causes the "personal and advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of your non- professional work for that person or organization. However such person or organization is not an additional insured with respect to any: (1) "Bodily Injury", "property damage ", or "personal and advertising injury" that does not arise out of: (a) Your Negligence: or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury: "property damage" or "personal and advertising injury for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property Damage" to: (a) Property owned, used or occupied by or loaned or rented to, such person or organization: or (b) Property over which such person or organization is for any purpose exercising physical control: (4) All Professional liability as an architect or engineer arising out of any construction agreement or activities under which any insured or anyone acting on any insured's behalf provides or provided service, advise, expertise or work. Construction includes, but is not limited to, the plan, conception, design, build, construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement made to real property. Construction also includes the hiring, supervision or management of these activities. However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that was not caused by professional activities listed in the above paragraph. Primary & Non - Contributory: This insurance will be considered primary to, and non - contributory with any other insurance issued directly to a person or organization added as an additional insured. Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate Limit under Section III - Limits of Insurance applies separately to each of "your projects" or each location listed in the location information in the common policy declarations. Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the First Named Insured, this insured applies: a. As if each Named insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV — Commercial General Liability Conditions: Howevei, we waive the right of recovery and proceeds we may have against any person or organization that is added as an additional insured under 1.1.a a. Because of payments we make for "bodily injury", "property damage' or "personal and advertising injury" arising out of "your work" in ongoing operations include or included in the "products- completed operations hazard" and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. Named Insured: Bluewater Design Group LLC Policy No.: IU44538 ADDITIONAL CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND DESIGNATED VOLUNTEERS INSUREDS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSMENT- CALIFORNIA 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. This Endorsement, effective on 12114/07 at 12:01 A. M- standard time, forms a part of Policy No 406020036 Endorsement No. Of the OneSeacon America Insurance Company. (NAME OF INSURANCE COMPANY) Issued to: Bluewater Design Group LLC & Premium (if any) $ AUTHORIZED REPRESENTATIVE 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 work under a written contract that requires you to obtain this agreement from vs. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS. CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, EMPLOYEES AND DESIGNATED VOLUNTEERS Job Description ALL OPERATIONS WC 252 040 84 - Copyright 1984, OmuBeacon Insurance Group Page 1 of 1 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/3/08 Dept./Contact Received From: Shauna Oyler Date Completed: 10/3/08 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: Bluewater Design Group, LLC I. GENERAL LIABILITY A. INSURANCE COMPANY: Employers Fire Insurance Compan B. AM BEST RATING (A: VII or greater): AXIV 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? $1 M Each Occ /$2M AP g E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 7 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 solelyby 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: Employers Fire Insurance Company B. AM BEST RATING (A: VII or greater) AXIV 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? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ 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. WORKERS' COMPENSATION A. INSURANCE COMPANY: OneBeacon America insurance Company B. AM BEST RATING (A: VII or greater): Aa1V 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? Auto: additional i ured coverage and endorsement not Included.