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Home My WebLink AboutC-5299 - PSA for Fall 2012 Beach Monitoring ProgramPROFESSIONAL SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION FOR t FALL 2012 BEACH MONITORING PROGRAM Al) ?5 Ti ;lS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this / S V day of November, 2012 ( "Effective Date ") by and ° ... between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and COASTAL_ FRONTIERS CORPORATION, a California Corporation ( "Consultant "), whose address is 9420 Topanga Canyon Blvd., Suite 101, Chatsworth, California 91311 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 desires to engage Consultant to provide engineering consulting services to perform the annual monitoring of several beach profile transects, as part of the Fall 2012 Beach Monitoring Program ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Christopher Scott, P.E. E. 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: ti7 The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct -- and are hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 31 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. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 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 within two (2) days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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, 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 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 or Progress Payments Schedule 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, Seven Hundred Sixty -Nine Dollars and 00 1100 ($1 6,769,00) 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. 4.2 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. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. COASTAL FRONTIERS CORPORATION Page 2 4.4 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 5.1 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 Christopher Scott, P.E. 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. 5.2 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. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Michael Sinacori, Assistant City Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. T. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to 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. 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 the highest professional standards. For purposes of this Agreement, the phrase "highest professional COASTAL FRONTIERS CORPORATION Page 3 standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 81 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and 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. 8.4 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, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, 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). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. COASTAL FRONTIERS CORPORATION Page 4 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. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 31. 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. i ' -i K4 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 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 COASTAL FRONTIERS CORPORATION Page 5 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. The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval Of City. 17. OWNERSHIP OF DOCUMENTS 17.1 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. 17.2 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 written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. COASTAL FRONTIERS CORPORATION Page 6 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 expressly authorizes in writing the release of information. 20. 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services 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. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. 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 Section is intended to limit City's rights under the law or any other sections of this Agreement. COASTAL FRONTIERS CORPORATION Page 7 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 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. 25.2 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. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Michael Sinacori, Assistant City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3342 Fax: (949) 644 -3318 262 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Christopher Scott, P.E. COASTAL FRONTIERS CORPORATION 9420 Topanga Canyon Blvd., Suite 101 Chatsworth, CA 91311 Phone: (818) 341 -8133 Fax: (818) 341 -4498 COASTAL FRONTIERS CORPORATION Page 8 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 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. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than 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. STANDARD PROVISIONS 29.1 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. 29.2 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. COASTAL FRONTIERS CORPORATION Page 9 29.3 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, 29.4 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. 29,5 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. 29.6 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. 29.7 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. 29,8 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, State of California. 29.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law, 29.10 No Attornev's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees, 29.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] COASTAL FRONTIERS CORPORATION Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNIEY'S OFFICE Date: 1 � I / SI I ''7 By` / y v Aaron C. Harp Mb City Attorney ATTEST: ) � 1 1 ) P -1 - Date: By: 4"-- Leilani I. Brown �. City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: n / t . ire Public Works Director CONSULTANT: COASTAL FRONTIERS CORPORATION, a California Corporation Date: By: President Date: 7-v Alm 20 i Z By: 1 ET64- F. C O Secretary [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements COASTAL FRONTIERS CORPORATION Page 11 EXHIBIT A SCOPE OF SERVICES [Contractor Firm Name] Page A -1 Exhibit A COASTAL FRONTIERS SCOPE OF WORK FALL 2012 BEACH MONITORING PROGRAM FOR THE CITY OF NEWPORT BEACH Beach profile data will be acquired along 13 shore- perpendicular beach profile transects located between the Santa Ana River and Corona del Mar. Beach profile data were obtained at each of these sites on nine occasions between October 2046 and October 2011. The work will consist of the two primary tasks described below. • Task 1 — Fall 2012 Field Survey Activities + Task 2 — Fall 2012 Data Reduction and Reporting Task I - Fall 2012 Feld Survey Activities Beach profile data will be obtained along 13 shore - perpendicular beach profile transects located between the Santa Ana River and Corona del Mar. The proposed survey methods are similar to those employed on previous survey programs conducted on behalf of the City. The data acquired along each transect will form a continuous profile from the back beach to the offshore terminus, which will be the 45 -ft isobath, Mean Lower Low Water (MLLW) Datum. Bathymetric data will be collected with a single -beam echo sounder operated from a shallow -draft survey vessel. A dynamic motion compensator, which filters the data record to reduce the influence of wave contamination and vessel motion, will be used. The boat will transit each transect from the offshore terminus to the surf zone. The position of each sounding will be obtained using a GPS receiver with differential position corrections transmitted in real time from U.S. Coast Guard beacons (DGPS). The calibration of the echo sounder will be checked at the beginning and end of the survey using a standard "bar check" procedure. In addition, the speed of sound in sea water will be calculated at the offshore end of each transect using a device that measures conductivity, temperature, and depth (CTD) along a vertical profile within the water column, The beach and surf zone will be surveyed using a total station and a survey rodman. The total station will be operated from the beach to determine the position and elevation at each location occupied by the rodman. The rodman will gather data throughout the surf zone to the calmer waters offshore in an effort to obtain data overlap with the survey vessel. Coastal Frontiers Corporation 9420 Topanga Canyon Blvd, Suite 101 Chatsworth, CA 91311 -5759 (818) 341 -8133 Fav (818) 341 -4498 Task 2 — Fall 2012 Data Reduction and Reportiniz The soundings will be adjusted to MLLW datum utilizing tide measurements collected by the U.S. Department of Commerce, NOAA, at Los Angeles Harbor. The water levels recorded in Los Angeles will be adjusted to Balboa Pier using the time and height differences published by NOAA. Data collected with the total station will be reduced with proprietary survey software. The processed soundings will be merged with the wading data, and the resulting information will be used to create a continuous beach profile. A concise letter report will be prepared which documents the survey methods and results. The report shall include beach profile plots developed from the 2012 survey data and will contain select profiles from prior surveys to provide historical context. Digital data files containing the survey data shall be submitted with the report. DELIVERABLES The survey methods and results will be documented in a concise letter report. The report shall include beach profile plots developed from the 2012 survey data and will contain select profiles from prior surveys to provide historical context. Digital data files containing the survey data shall be submitted with the report. COST Coastal Frontiers Corporation proposes to conduct the Fall 2012 Beach Monitoring Program on a time - end - materials basis, with a not -to- exceed cost of $16,769. A detailed cost estimate is attached. SCHEDULE It is assumed that the Fall 2012 survey will be conducted in October or November. It should be noted that field operations must be limited to periods of favorable weather conditions, including light winds and waves less than three feet. The final letter report will be delivered to the City within 60 days of completing the survey. Total Cost for Task 1 $11,591 (continued) COST ESTIMATE FALL 2012 BEACH MONITORING PROGRAM FOR CITY OF NEWPORT BEACH October 22, 2012 Task 1. Fall 2012 Field Survey Activities DIRECT LABOR Principal Engineer 1 hr@ $178.00 $178 Engineer II (2) 40 hrs @ $129.00 $5,160 Technician (2) 36 hrs @ $86.00 $3,096 Labor Total $8,434 OTHER DIRECT COSTS Rental Truck (2) 5 days @ $82.00 $410 Truck Fuel 1 Is @ $150.00 $150 Technician Mileage 130 miles @ $0.555 $72 Per Diem 6 and @ $125.00 $750 Expendables 1 Is @ $60.00 $60 Shipping 1 Is @ $10.00 $10 Subtotal $1,452 10 %G &A $145 ODC Total $1,597 IN -HOUSE EQUIPMENT RENTAL Survey Vessel 1 day @ $200.00 $200 Hemisphere VS -110 GPS 1 day @ $125.00 $125 Digital Echosounder i day @ $95.00 $95 Motion Sensor 1 day @ $160.00 $160 Seabird CTD 1 day @ $80.00 $80 Data Acquisition Computer 1 day @ $60.00 $60 Hypack Software 1 day@ $100.00 $100 Hemisphere 5320 GPS (Diff -Only) 2 days @ $150.00 $300 Geodimeter Total Station 2 days @ $150.00 $300 Survey Equipment 2 days @ $20.00 $40 ATV 2 days @ $50.00 $100 Equipment Total $1,560 Total Cost for Task 1 $11,591 (continued) COST ESTIMATE FALL 2012 BEACH MONITORING PROGRAM FOR CITY OF NEWPORT BEACH. Continued Task 2. Fail 2012 Data Reduction and Reporting DIRECT LABOR Principal Engineer 3 hrs @ $178.00 $534 Engineer It 36 hrs @ $129.00 $4,644 Labor Total $5,178 OTHER DIRECT COSTS None $0 Subtotal $0 10%G &A $0 ODC Total $0 IN -HOUSE EQUIPMENT RENTAL None $0 Equipment Total $0 Total Cost for Task 2 $5,178 TOTAL COST FOR PROGRAM $16,769 EXHIBIT B SCHEDULE OF BILLING RATES COASTAL FRONTIERS CORPORATION Page B -1 Exhibit B December 2011 COASTAL FRONTIERS CORPORATION 2012 RATE SCHEDULE Direct Labor Costs Direct labor charges are made for project - related consulting services performed on behalf of the Client. These services may include engineering, technical typing, as in the preparation of reports and project documentation, duplicating, and shipping. Such charges are not made for office management, accounting, general secretarial services, and maintenance, as these are included in our overhead. Effective January 1st, 2012, hourly rates for Coastal Frontiers personnel engaged in the performance of consulting services are as follows: Job Classification Hourlyl2ate (U.S. $) Principal Engineer ........................................... ............................... $178.00 Senior Engineer ............................................... ............................... $142.00 EngineerII ....................................................... ............................... $129.00 EngineerI ........................................................ ............................... $114.00 T echnician......................................................... ............................... $86.00 Word Processor / Drafter ..................................... ............................... $69.00 SupportServices... ... ___ ....... _ ....... .... __ ............... .... ____ ... ... $56.00 Overtime will be charged at the standard hourly rates. Time spent in travel on behalf of the Client also will be charged at the standard hourly rates, with the exception that no more than eight hours of travel will be charged in any one calendar day. When expert witness testimony is provided, time spent under oath, as in the case of depositions and court appearances, will be charged at 1.5 times the standard hourly rates. These rates are not subject to escalation or adjustment until January 1st, 2013. If Coastal Frontiers desires to utilize additional personnel whose classifications are not listed above in the performance of a project, their qualifications and hourly rates shall be submitted to the Client for prior approval of participation. COASTAL FRONTIERS CORPORATION 2012 RATE SCHEDULE Page 2 Other Direct Costs Costs relating directly to the performance of a project, other than Direct Labor Costs, will be charged at the billing or cost rate times 1.10. Such costs may include outside services, subconsultants, third -party equipment rentals, duplication, printing and photographic work, third -party computer time, special insurance, travel and transportation, subsistence or room and board, long distance communications, and exceptional postage. In -House Equipment Rental In -house equipment rental charges are made for the use of company -owned equipment dedicated to the performance of the Client's project. Rates are as shown on the following page. COASTAL FRONTIERS CORPORATION 2012 RATE SCHEDULE Page 3 IN-HOUSE EQUIPMENT RENTAL RATES ITEM DAILY RATE DIVING • Arctic Diving Equipment, per Diver .............................. ..........................$150 • Non Arctic Diving Equipment, per Diver....................... .............................55 Dry Suit (Without Other Diving Gear) ............................ .............................50 HYDROGRAPHIC SURVEY • Odom Hydrotrac Echosounder .. ....... __ ...... ...... ...... ....... ___.95 • Inflatable Boat and Motor...... .... .............. ............ ...... ............. 200 • TSS DMS2-05 Motion Sensor ... ................. ................ ............................. 160 • Pathfinder Pro XR GIIS ............ ............................ .............. ..................... 190 Hemisphere VS -110 GPS/Heading System.................... ............................125 • Hemisphere R -110 GPS ........................... .......... ...................... ................. 90 • Novatel FlexPak-V I -VBS GPS .................................... ................ ............ 125 • Garmin GPSMap 196/78SC GPS......,.... ............. ........ __ ........... ...... 40 • Seabird SBE19 CTD.. ...... - .... __ .... ....... ....... ........ ... __ ... - ...... __ ___ ... 80 • Marinized Data Acquisition Computer ........................... .............................60 • Hypack Navigation Software System ........................................... ............. 100 SURVEY • Hemisphere S320 GNSS RTK Base/Rover Set .............. ............................450 • Hemisphere S320 GNSS GSM Network RTK Rover .... ............................350 • Hemisphere 5320 GNSS Differential-Only Rover ......... ............................150 • Geodimeter Electronic Total Station ................................................. ........ 150 • Nikon Electronic Total Station ...................... . ........... __ ............ - ............... 90 • Automatic Level, Rod, and Tripod ............. _ ............. .............. - ... .......... 20 • Hand-Held UHFNHF Radios, per Radio ....................... .............................15 • Nikon Hypsometer ...................... ............ __ .......... ............................... 15 • All-Terrain Vehicle .................................... .................. . .............. .............. 50 • Survival Packs, per pair .... - ... ____ ... ...... ____ ..... . ...... ...... .............. _35 MEASUREMENT Valeport Tidemaster'Fide Gauge ............................................... ................. 50 • Weathermeasure Model F581B Current Meter............... .............................40 Pygmy Price Current Meter .......................... __ ........... ............... ............... 20 • Petit Ponar Sediment Sampler .... ................ . ............................................... 25 COMPUTERS • Laptop (Field Use) .... __ .......... - ................ - ............. .................................. -45 • Color Printing (per 81/2" x 11" page equivalent) ............ ...........................0.60 EXHIBIT C 1. INSURANCE REQUIREMENTS -- PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 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 each accident. COASTAL FRONTIERS CORPORATION Page C -1 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1,5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of COASTAL FRONTIERS CORPORATION Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's 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. COASTAL FRONTIERS CORPORATION Page C -3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 11/21/12 Dept. /Contact Received From: Tanis Date Completed: 12/3I12� Sent to: Tania, By: Renee Company /Person required to have certificate: Coastal Frontiers Corporation Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 4/1/12 to 4/1/13 A. INSURANCE COMPANY: Golden Eagle Insurance Corp B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 / $2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided ?) include): Is it included? (completed Operations status does F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) 0 Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? ® Yes ❑ No I. PRIMARY & NON- CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J, 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 K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ER Yes ❑ No 11, AUTOMOBILE LIABILITY EFFECTIVEIEXPIRATION DATE: 411/12 to 4/1/13 A. INSURANCE COMPANY: Golden Eagle Insurance Corp B. AM BEST RATING (A-: VII or greater) A; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (If individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No Ol. VVORKERG`CO/NPEN8AT|0N GFFECTlVE/EXP( RATION DATE: A. INSURANCE COMPANY: SeaBright Insurance Co D. /\yW BEST RATING (A-: VII nrgreoter): C. ADMITTED Company (Must be California 8dmitted: Z Yes FlNm D. @0RKERS'C0MPENSAT0NLIMIT Statutory ZYes El No E. EMPLOYERS' LIABILITY LIMIT (Must be$1yWurgreater) F. WAIVER OF SUBROGATION (To indude): |s|\included? Z Yes E]Nu G. SIGNED VV0RKERS`C0MPEN8AT0N EXEMPTION FORM: M N/A Fl Yes FlNn H, NOTICE OFCANCELLATION: F7 NIA 0 Yes [lNo ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED }V. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach Date El NIA 0 Yes El No RISK MANAGEMENT APPROVAL REQUIRED (Non-admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ ------------ J EJ N/A El Yes El No Reason for Risk Management approvaVaxonphon/waiver Approved: Risk Management * Subject to the terms of the contract. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA 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 * % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. 'The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0. 4141/12 Policy No. 881124584 Endorsement No. 12 Insured Coastal Frontiers Corporation Policy Effective Date 04101112 Insurance Company SeaBright Insurance Company z .> Countersigned By WC 04 03 06 (Ed. 4-84) 01998 by the workers' Compensation Insurance Rating Bureau of California. All rights reserved. ilQAF1<0 11 a part of Policy Number: CBP 9692449 Coverage is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent: COASTAL FRONTIERS CORPORATION I ARGO INSURANCE BROKERS INC , . f Agent Cade: 4295763 Agent Phone: (925) - 662-7001 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS EXTENSION 22 -123 (01! 07) AMENDMENT OF OTHER INSURANCE CONDITION - DESIGNATED PERSONS OR ORGANIZATIONS SCHEDULE Narne and Addr ass of Person Or Or gan I zat I on: CITY OF NEWPORT BEACH ITS' ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PUBLIC T40RKS DEPARTMENT 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92663 17 -59CGL (06194) 04/012012 9692449 INSURED COPY NECIXWG=3 PGnMO60G JOB= GCAFPPN OW13729 Page 69 of Policy Number: CBP 9692449 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named insured: Agent: COASTAL FRONTIERS CORPORATION I ARGO INSURANCE BROKERS INC Agent Code: 4295763 Agent Phone: (925)-662-7001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. The following is added to provision a. Primary insurance of paragraph 4. Other Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when the person or organization shown in the Schedule of this endorsement has been added as an additional insured to this Coverage Part by attachment of an endorsement, we will not seek contribution from the "person's or organization's own insurance" provided that: (1) You and such person or organization have agreed in a written contract that this insurance is primary and non - contributory; and (2) The "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the following is added to SECTION V —DEFINITIONS: "Person's or organization's own insurance" means other insurance: a. That covers liability for damages arising out of the premises, ongoing operations, products or completed operations described in the Schedule of this endorsement; and b. For which the person or organization shown in the Schedule of this endorsement is designated as a Named Insured. Name and Address of Person Or Organization: SEE ATTACHED 17 -59CGL (06194) Description of: Premises: 22123 (01107) SCHEDULE Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED COPY 041012012 9692449 NECtXMXG0203 PGDM06DD J08952 GCAFPPN 00013731 Page 01 CERTIFICATE OF LIABILITY INSURANCE "03°/38/2412 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ++' au oovoos Argo Insurance Brokers, Inc. 2300 Contra Costa Blvd Suite 375 Pleasant Kill, CA 94523 INSURED Coastal Frontiers Corporation 9420 Topanga Canyon Blvd. 5101 Chatsworth, CA 91311 925 -852- GOLDEN EAGLE INS CORP .con, COVERAGES CERTIFICATE NUMBER: 26307109 REVISION NUMBER: 925 -852 -0470 10836 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DL SUBR AUTHORIZED REPRESENTATIVE _ I TYPE OF INSURANCE LTR USA /'�-' ��VJJJ / /// POLICY NUMBER MM DIUNWY M D IYYYY LIMA'S A GENERAL, LIABILITY X X CBP9692449 I 04/0111 04/01/13 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY AGETO TED PREMISES lEa p'currenre) $ 500,000 _I CLAIMS-MADE o OCCUR _„ MEOEXP Anyoeaperson $ 5,000 X Empl Ben $1,000,000 PERSONAL d ACE INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGO $2.000,000 S POLICY PRO- X LOG • AUTOMOBILE LIABILITY CBP96924,- 1 0 l3 COMBINED SINGLE LIMIT E acciden -„ $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S ALL OWNED SCHEOULED AUTOS AVTOS _X NON -OWNED X PROPERTY DAMAGE I $ HIRED AUTOS AUTOS PAEX2d.rU • UMBRELLA LIAR X OCCUR CU9702137 04/01/1 04/01/13 EACHOCCURRENCE $ 11000,000 AGGREGATE $ 11000,000 `EXCESS LAS CI., AIMS -MADE � OEI7 I X I RETENTION$ 10, 000 $ - WORKERS COMPENSATION WC STATIY OTH� AND EMPLOYERS' LIABILITY YIN T_OBY i69Q5 — ANYPROPRIETORiPARTNERIEXECUTVE EL EACHACCIDENT $ OFFICER/MEMBER E %CLUDED? F-1 N/A ' (Mandatory In NH) E.L. DISEASE -EAEMPLOYEF $ If yes, describe under DESCRIPTION OF OFF RATIONS below E. L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS) VEHICLES udmch ACORD te1, Addhlonat N...M. Schedule. If more space is saq.Ned) Additional Insureds: The City of Newport Beach, elected officials or appointed officers, officials, employees, agents and volunteers Applicable Forms: GECG 602 (01/11) r..FRTIFICATF wrK OFR CANCELLATION ©1488 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD LMazza 26307109 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 3300 Newport Blvd. AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 K `�u,`��,.� ",,, "��" ""�"____ "'' USA /'�-' ��VJJJ / /// ©1488 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD LMazza 26307109 Policy No. CBP9692449 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I — COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced with the following: Exclusions c. through n, do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section 111 — Limits of Insurance. SECTION I — COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other insurance, even if that other insurance is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in 'bodily injury" or "property damage "; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit' including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance services Offices Inc., with its permission. GECG 602 (01111) Page 1 of SECTION 11 —WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if: a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However; coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION III — LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner, Paragraph 6. is replaced with the following: 6. Subject to 5, above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of .property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000; or b. The amount shown in the Declarations. SECTION 1V — COMMERCIAL_ GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence ", offense, claim, or "suit ". Knowledge of an "occurrence ", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" or offense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence ", offense, claim or "suit°. Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner; or Item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Includes copyrighted material of Insurance services Offices Inc„ with its permission. GECG 602 (01/11) Page 2 of Item 8, is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract ", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the "products- completed operations hazard ". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V — DEFINITIONS The following definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an "insured contract ". 23 and 24 are added: 21 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also; added to this Coverage Part; A. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.e. above, a person's or organization's status as an Insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (01/11) Page 3 of 1 This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED —VENDORS Paragraph 2. under SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as "vendor ") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To "bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. Includes copyrighted material of Insurance Services Offices Inc., with its permission. GECG 602 (41111) Page 4 of COASFRO -01 YOUSHI oa _. i CCR gIc CATE Qc LgABILA Y INSURANCE 11 /19 /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 05564249 CONTACT Sherry Young (OC) Heffernan Insurance Brokers j PHONE 1 714 361 -7700 FAX 6 Hutton Centre Drive, Suite 500 f.I C, No, Ext) (._.) (AIC Na); 1 (714) 361 -7701 Santa Ana, CA 92707 ADDRESS -�. UMBRELLA UAB OCCUR EXCESS LIAS CLAIMS- -MADE DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNEWEXECUTIVE 'NIA. OFFIGERIMEMBER EXCLUDED? (Mandatary in NH) "t eE descrdra under DESCRIPTION OF OPERATIONS Latin. A PROFESSIONAL USS1223002 A LIABILITY USS1223002 EACH OCCURRENCE _.$. INSURERS) AFFORDING COVERAGE NAIL tF AGGREGATE INSURER A ; US Specialty Insurance Company INSURED. INSURER B :.. Coastal Frontiers Corporation INSURER C: 9420 Topanga Canyon Blvd, #101 INSURERO - Chatsworth, CA 91 31 1 -5759 - -- - - -- -- -- E.L. DISEASE - EA EMPLOYEES INSURER E: E.L. DISEASE - POLICY LIMIT INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR !ADEL SUBR POLICY FEE POLICY EXP LTR TYPEOFINSURANCE ;IN$R MD .POLICY NUMBER (MMIDD/YYY11 (MWODNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE : S DAMAGE TO REW81I CCMMERCIAL GENERAL LIABILITY PREMISES {Ea occRence} CLAIMS -MADE ,.. OCCUR MEO EXP (An, one Person) $ PERSONAL B ADV INJURY '$ GENERAL AGGREGATE $ GE-WL AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP ADD S _ lu POLICY ECT L.- LOC $ _ �C _.� AUTOMOBILE LIABILITY DINED SINGLE LIMIT (Ea accident). $ ANYAUTO BODILY INJURY (Per Person) $ ALL OWNED `. SCHEDULED : BODILY MURY(Per accident) $ AUTOS AUTOS NOWOWNED PROPERTY DAMAGE .$ ..'HIRED AUTOS AUTOS (PER ACCIDENT) -�. UMBRELLA UAB OCCUR EXCESS LIAS CLAIMS- -MADE DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNEWEXECUTIVE 'NIA. OFFIGERIMEMBER EXCLUDED? (Mandatary in NH) "t eE descrdra under DESCRIPTION OF OPERATIONS Latin. A PROFESSIONAL USS1223002 A LIABILITY USS1223002 EACH OCCURRENCE _.$. $ AGGREGATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE $ �_.. WC STATU- ._ 0TH - .,.. '.. TORY LIMITS ER E.I.. EACH ACCIDENT '.$ - -- - - -- -- -- E.L. DISEASE - EA EMPLOYEES AUTHORIZED REPRESENTATIVE E.L. DISEASE - POLICY LIMIT S 611/2012 6/1/2013 PER CLAIM 1,000,000' 6/1/2012 6/1/2013 AGGREGATE 1,000,000' DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES {Attach ACORD tai, Additional Remarks Schedule, if more space la required} PROJECTS AS ON FILE WITH THE INSURED, CERTIFICATE HOLDER __. _.. _CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF NEWPORT BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92650 - -- - - -- -- -- AUTHORIZED REPRESENTATIVE ©1966 -2010 ACOftD CORPORATION. AH rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD U.S. Specialty insurance Company Houston, TX Endorsement Policy Number Policyholder Endorsement Eductive Date 2 USS 12 23002 Coastal Frontiers Corporation 06101/2012 12:01 A.M. Waiver of Subrogation In consideration of the premium paid, it is understood and agreed that, POLICY CONDITIONS, OUR RIGHT" TO RECOVER FROM OTHERS, is amended to read as follows: If WE make a payment on YOUR behalf under this policy YOUR right to recover against any person or organization shall be transferred to US to the extent of OUR payment, YOU shall do whatever is needed to assist US, and YOU shall do nothing to prejudice OUR rights of recovery. However, we will waive OUR rights to recover against YOUR client to the extent that YOU had, prior to a CLAIM, a written agreement with the client to waive such subrogation rights. Any and all such subrogation rights that may accrue as against any and all other parties shall remain intact and unchanged. All other terms and conditions remain Unchanged. RA&.MCO InSnrance Services. Concord, CA Date of Issue: 05/29/2012 By: f < RAMCO 3293 10/04 Page 1 of 1 ; ;;R COAS -13 OP ID: CERTIFICATE OF LIABILITY INSURANCE F DATE { t 114H114019 9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 504 -486 -5411 CoNrACr Tina Clement John W. Fisk Company PHONE FAz 4833 Conti Street Suite 200 Fax; 504-482-14751 two. Nn. Est}, 504 -486 -541? �IAIC. Not: 504- 482.1475 INSURED Cri Blvd Ste 101 A 91311 -5759 Co. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL POLfCY EFP P44TCY EXP LTR TYPE OF INSURANCE POLICY NUMBER [MMIDDIYYYYI IMIADDIYYNY1 LIMITS E GENERAL LIABILITY I : EACH OCCURRENCE OMMERCIRI, GENERAL LIABILITY ( (PREMISES ouvncnrn} $ � CLAIM$-MADE OCCUR —�fO— __ MED EXP (Any one Per - a) t PERSONAL &ADV INJURY GENERAL AGGREGATE _ $ GEN'L AGGREGATE LIMIT APPLIES PER _7 PRODUCTS- COMPlOPAGG $ PRO POLICY , LOC � ,L.$ ...,.._._.._ I � AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT JEa.oddent $ _ i.. ANY AUTO BODILY INJURY (Per person) $ �OOILY ALLOWNED II'�� SCHEDULED AUTOS AUTOS "--" INJURY (Per accltleni) $ i NON-OWNED HIRED AUTOS AUTOS ( f PROPERTY DAMAGE Per acadent $ UMBRELLA LAS OCCUR ! I EACH OCCURRENCE $ 1 EXCESS LIAR CLAIMS -MADE - AGGREGATE $ _ —_ DIED RETENTION$ i $ WORKERS COMPENSATION r i, WC STATU- 'OTH- X , AND EMPLOYERS' LIABILITY YIN TORY 1146 ,iii _._ A ANYPROPRIETOIt1FXCLUDE /EXECUTIVE X 86 ??24500 041611 12 - Ob /0 ?N3 OFF(CER/MEMBEREXGLUDE04 �IN /A } E.I. EACH ACCIDENT I s ?,f}UO, 69 - (Mandatory In NH) INCL USL &H AND MEL E,L. DISEASE EA EMPLOYEE$ 1,000,000 If yyes, dascdbe under �DEBCRIPTIONOF __.�.... _.. ___ OPERATIONS below E.L. DI'EASE- POLICV LIMIT $ 1,666,666 I ( I ; DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Waiver of Subrogation in favor of the certificate holder on the Worker's Compensation policy. NEWP010 City of Newport Beach Public Works Dept 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CORPORATION. All riohts reserved ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD