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HomeMy WebLinkAboutC-5283 - Design PSA for Sunset Ridge ParkDESIGN PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR SUNSET RIDGE PARK THIS AGREEMENT FOR PROFESSiQRVICES ( "Agreement ") is made and entered into as of this °rA day of E 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Leighton Consulting, Inc., a California corporation ( "Consultant"), whose address is 17781 Cowan, Irvine, CA 92614 -6009 and is made with reference to the following: K) 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 U conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide geotechnical review of grading plans and geotechnical field investigation for Sunset Ridge Park ( "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 Edward Burrows, PG, CEG. 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: i1:1 1s', The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2014 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 41 City shall pay Consultant for the Services on a fixed fee 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 Twenty Two Thousand, Five Hundred Dollars and 00/100 ($22,500.00) 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. 43 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. 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 Leighton Consulting, Inc. Page 2 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 Edward L. Burrows, PG, CEG 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 Managers cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, Senior Civil 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. 7. CITY'S RESPONSIBILITIES 7.1 To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 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. Leighton Consulting, Inc. Page 3 7.1.3 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 the highest professional standards, For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 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, 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 under this Agreement 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 92 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 Leighton Consulting, Inc. Page 4 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. 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. 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. 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. Leighton Consulting, Inc. Page 5 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. 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. Leighton Consulting, Inc. Page 6 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) 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. •lid - � CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work, City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data, All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department, The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 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. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's 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 consultant or 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 or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Leighton Consulting, Inc. Page 7 r ; • ;ice 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. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be bome by Consultant Nothing in this Section 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 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1874 (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. 26.2 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 Leighton Consulting, Inc. Page 8 City for any and all claims for damages resulting from Consultant's violation of this Section. 27. NOTICES 27.1 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: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949- 644 -3315 Fax: 949 - 644 -3318 272 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Edward L. Burrows, PG, CEG Leighton Consulting, Inc. 17781 Cowan Irvine, CA 92614 -6009 Phone: 949 - 250 -1421 Fax: 949-250 -1114 28. 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_). 29. TERMINATION 29.1 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 Leighton Consulting, Inc. Page 9 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. 29.2 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. 30. STANDARD PROVISIONS 30.1 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. 30.2 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. 30.3 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. 30.4 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. 30.5 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. 30.6 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. Leighton Consulting, Inc. Page 10 30.7 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. 30.8 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. 30.9 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. 30.10 No Attorney'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. 30.11 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] Leighton Consulting, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY AY RN�Y'S OFFICE Date � Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk �tIPORN P CITY OF NEWPORT BEACH, A California municipal corporation Date: By: David A. Webb Public Works Director CONSULTANT: Leighton Consulting, Inc., a California corporation Date: Z By: Kris Lutto Senior Vice President Date: a • a0 • X013 erry M. Bren an Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Leighton Consulting, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES Leighton Consulting, Inc. Page A -1 Leighton Consulting, inc.. January 10, 2013 (Revised January 23, 2013) City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Mr. Andy Tran Subject: Proposal for Geotechnical Review of Grading Plans and Additional Geotechnical Field Investigation Proposed Sunset Ridge Park City of Newport Beach, California INTRODUCTION In accordance with your request, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform a geotechnical review of the current grading plan and conduct additional geotechnical investigation at the proposed Sunset Ridge Park in the city of Newport Beach, California. The scope of work outlined below is based on our current understanding of the site, email correspondence with you and the project Civil Engineer (Urban Resource), and the current site design plan provided by Urban Resource on December 17, 2012, PROJECT DESCRIPTION The proposed Sunset Ridge Park is located on approximately 6.5 acres of gated vacant property at the northwest corner of Pacific Coast Highway and Superior Avenue. The elevation of the property is approximately 20 to 25 feet above Pacific Coast Highway. We understand that the proposed Sunset Ridge Park will include construction of soccer fields, a baseball field, practice field, garden, tot -lot and some lightly loaded on -grade structures such as restroom buildings, picnic tables, shaded structures etc. Previous 17781 Cowan ■ Irvine, CA 92614 -6009 949.250.1421 ■ Fax 949. 250.1114® www,leightonconsufing.com IR12 -066 versions of the site design plan consisted of grading the entire slope along Superior Avenue, access roads and a parking lot onsite. Grading of the slope has been eliminated due to restrictions by the California Coastal Commission and the previously proposed access roads and parking lot are not currently planned. Access to the site is now currently planned via pedestrian pathways along Superior Avenue and Pacific Coast Highway and a pedestrian stairway located along Superior Avenue near its intersection with Pacific Coast Highway. It is our understanding that the previously proposed trench drain along the top of the slope above Superior Avenue and Pacific Coast Highway is no longer planned. Phase I — Geotechnical Gradina Plan Review • Perform a reconnaissance level site visit. • Perform a geotechnical review of the current grading plan for the proposed Sunset Ridge Park. • Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site and the current grading plans. • Prepare updated geologic cross - sections and perform slope stability analyses. • Provide geotechnical design parameters for Verdura Wall. • Perform data analysis of known geologic conditions with respect to the feasibility for onsite infiltration and the need for the proposed Phase 11 work. • Perform data analysis of known geologic conditions with respect to the elimination of the previously proposed trench drain along the top of the slope above Superior Avenue and Pacific Coast Highway. • Prepare a letter report presenting our findings, conclusions and recommendations. Phase 11— Geotechnical Field Investigation (if necessary) ® Perform a geotechnical field investigation percolation/infiltration testing. • Premark the proposed boring locations and contact Underground Service Alert (USA) for utility clearance. We assume that you will provide us with available underground utility information prior to the field exploration. We also assume that you will arrange for site access. 2 IR12 -066 • Perform a subsurface exploration consisting of drilling, logging, and sampling of one to three hollow -stem auger borings. The locations and depths of the borings will be determined during Phase 1. We will use a CME -75 dill rig for the borings. We will collect relatively undisturbed and bulk soil samples from the borings for analysis and soil classification. The borings will be logged by a member of our technical staff and excess soil cuttings will be stockpiled adjacent to the boring locations for later use as backfill for the borings. The borings will then be converted to temporary wells for percolation /infiltration testing. • Perform percolationfinfiltration testing at each temporary well location. The temporary wells will be backfilled with excess soil cuttings upon completion of the testing program. • Perform engineering analysis of field data obtained from the drilling, logging, and sampling and the results of the percolationfinfiltration testing. • Prepare a geotechnical report presenting our findings, conclusions and recommendations with respect to percolation /infiltration. Phase III — Geotechnical Review of Final Design and Construction Plans • Perform a geotechnical review of the final design and construction plans. We have assumed that there will be one set of plans for review and that no additional slope stability analyses will be required during this phase of work. • Prepare one letter- report documenting our review of the final design and construction plans. • Provide wet signature and stamp by a State of California registered Geotechnical Engineer (GE) and Certified Engineering Geologist (CEG) of final design and construction plans (if necessary). SCHEDULE We are prepared to commence work immediately upon your written authorization to proceed. We anticipate that Phase I — Geotechnical Grading Plan Review will take approximately two weeks and that Phase 11 — Geotechnical Field Investigation (if necessary) will take approximately two to three weeks after the completion of the Phase I work. We anticipate that Phase III — Geotechnical Review of Final Design and Construction Plans will take approximately one week upon receipt of the subject plans. 3 IR12 -066 CLOSING We appreciate the opportunity to continue to work with you on this project. If you have any questions or information that would update our scope of work, please call us at your convenience. JMP /JEH /ELB /gv Distribution: (1) Addressee Respectfully submitted, LEIGHTON CONSULTING, INC. J re y M. Pflueger, PG, CEG Project Geologist John E. Haertle, PE, GE Associate Engineer Edward L. Burrows, PG, CEG Senior Principal Geologist 5 IN EXHIBIT B SCHEDULE OF BILLING RATES Leighton Consulting, Inc. Page B -1 IR12 -066 Leighton will conduct the geotechnical grading plan review (Phase 1), geotechnical investigation (Phase 11), and geotechnical review of the final design and construction plans (Phase 111) for a total fixed fee of Twenty Two Thousand Five Hundred Dollars ($22,500.00) based on the scope of work presented above. We have assumed that our geotechnical field investigation can be performed during normal daylight hours on weekdays. If it is determined that the field investigation (Phase 11) is not necessary, then the total fixed fee for the geotechnical grading plan review (Phase 1) and geotechnical review of the final design and construction plans (Phase 111) only will be Twelve Thousand Dollars ($12,00.00). The breakdown of the fee for each phase of work is as follows: Phase I — Grading Plan Review $ 9,000.00 Phase €1— Field Investigation (if necessary) $ 10,500.00 Phase 1 €I — Final Design and Construction Plan Review $ 3,000.00 Total : $ 22,500.00 This fee includes costs for the drill rigs, laboratory testing, report and reproduction. We understand that this project is subject to the prevailing wage law. If the services are awarded to Leighton and the scope of work is acceptable to you, please send us a notice to proceed. 4 Lf 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. 1.31 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. 13.2 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. 1.33 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. Leighton Consulting, Inc. 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. 1.52 Cm'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 Leighton Consulting, Inc. 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. Leighton Consulting, Inc. 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: 1/13/13 Dept. /Contact Received From: Tania Date Completed: 1/31/13 Sent to: Tania By: Renee Company /Person required to have certificate: Leighton Consulting, Inc. Type of contract: All Other L GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 2/14/12 to 2/14/13 A. INSURANCE COMPANY: Lexington Insurance Company B. AM BEST RATING (A-: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes R No D. LIMITS (Must be $1M 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) R 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) R Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? R Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? R 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 R No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): R N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑', N/A R Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 2/14/12 to 2/14/13 A. INSURANCE COMPANY: Travelers Property Casna7ty Co__ 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): R N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes R No H. NOTICE OF CANCELLATION: ❑ N/A R Yes ❑ No O[ VVDRKERG'COMPENSAT!OW EFFECTIVE/EXPIRATION DATE: 9/1/2 to 9/1118 A INSURANCE COMPANY: 1iuvelmm �jmo�Cas,!� �C B. AyN BEST RATING (A-:V||urgreater): d }{V C. ADMITTED Company (Must ba California Adnni8od): El Yes [I No O� WORKERS' COMPENGAT|0N LIMIT: Statutory 0 Yes FlNo E� EMPLOYERS' LIABILITY LIMIT (Must be$1Morgreater) �1OU00K00 _,______`__ F� WAIVER DF SUBROGATION (To inu|uda): |nitincluded? 0Yem El No G. SIGNED VVORKER8'COMPENSAT|DN EXEMPTION FORM: C9 N/A FlYes El No H� NOTICE OFCANCELLATION: El N/A 0Ye8 El No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED l\'. PROFESSIONAL LIABILITY \/ BUILDERS RISK F7NIA MYao El No [0 N/A [] Yes DNn M N/A El Yes El No HAVE ALL ABOVE REQUIREMENTS BEEN MET? El Yes 0 No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL Non-admdted carrier rato less than Self Insured Retention or Deductible greater than ONIA NYes ONo Reason for Risk Management approval/exception/waiver: Lexington is a Non-Admitted Carrier & Travelers licensing is not available on AM Best right now - will need Risk Management Approval. 1131/13 Approved by Sheri Anderson. � A~rrr~``~� Risk Management Date ~ Subject to the terms of the contract. Client#: 1257049 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERI IFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE VF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ;wuVREH{S)`AUTHORIZED REPRESENTATIVE Om PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: It the certificate holder is an ADDITIONAL iNSURED, the policy(IDS) must be endorsed. It Z5UIdKUGA I ION 15 WAIVED, suriject 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 )n lieu of such endo,swmont<o>. BB&T|nsomnce Services nf Orange County G8QLmngodoM[ Drive Suite 10V Fullerton, CA92b31 714570~7238 Inaopmwoe INSURED INSURER B: Travelers Property Casualty UO Leighton Consulting Inc INSURER C: 17781 Cowan Ste. 100 Irvine, CA 92614-6009 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDILSUBR POLICY EFF POLICY EXP A GENERAL LIABILITY 065463440 D2/1412012 0211412013 EACH OCCURRENCE $110001000 X COMMERCIAL GENERAL LIABILITY PERSONA VINJURY $1,000000 GENERAL AGGREGATE GEITL AGGREGATE LIMIT APPLIES PER _A2,001),000 PRODUCTS. COMPIOPAGG s2,000,000 B AUTOMOBILE LIABILITY 8100305L814TIL12 02114/2012 02/141201 COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ ANY AUTO ALL OWNED E A OS N UOT.0 ED IT BODILY INJURY Fwacc�denn $ PROPERTY DAMAGE X UMBRELLALIAB OCCUR 006546318 02114/2012 02/14/2013 EACHOCCURRENCE $5,000,000 EXCESS LIAR CILAIMS-MADE AGGREGATE $5 000 000 WORKERS COMPENSATION AND EMPLOYERV LIABILITY YIN �WCSTAT.57=OTH E.L. EACH ACCIDENT ANY PROPRIETORIPARTNERIEXECLITIVE OFFICER/MEMBER EXCLU E: NIA (Mandatory in NH) E.L.DISEASEt-EAFMPLOYEF $ EJ_ DISEASE -POLICY LIMIT _0_ SCRIPTION OF, OPERATIONS hold. Claims Made $4,000,000 Ag $2500ODed DESCRIPTION OF OPERA TIONS I LOCATIONS I VEHICLES (Aftech ACORD 101, Additional Rerearks Schedule, if more space is required) Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX9604 10/01 and LX9605 10101 attached to the General Liability policy as required by written contract, Primary wording applies to General Liability per Lexington's endorsement LX9838 08105 attached to policy, (See Attached Descriptions) (LC)Qtyof Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACOR 26 2 #8811866J1ON817G65G SHOULD ANY ur THE ABOVE DESCRIBED POLICIES us CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL as DELIVERED |w ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01988-2010 *COH All rights reserved. The acORD name and logo are registered marks odxCORo LXMCN SAGiTTA 25.3 (2410106) 2 Of 2 #S8186631tM8176656 POLICY NUMBER: 065463440 ENDORSEMENT # COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Location And Description of Completed Operations: Re: Proj #602089 CityNBtSunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. m: INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". CG 20 37 10 01 45ISO Properties, Inc., 2000 Page 1 of 1 LX9604 POLICYNUMBER: 065463440 ENDORSEMENT# COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART k'I�i.tXtlNR;y Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Re: Proj #602089 CityNBiSunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 10 01 ISO Properties, Inc., 2000 LX9605 (1) All work, including materials, parts or equipment furnished in connection with such work, on 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. Page 1 of 1 POLICY NUMBER: 81003051-814TIL12 COMMERCIAL AUTO ISSUE DATE: 02/14(12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I 1 i 1 This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c. of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a. or b. of that provision, subject to the following additional provisions: Person or Organization (LC)City of Newport Beach Re: Proj #602089 CItyNB /SunstRdge, Newport Beach Additional insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. in the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address 3300 Newport Blvd Newport Beach,CA 92658 -0000 CA T3 0102 99 Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 AM 02114/2011 Forms a part of policy no.: TBD 065463440 Issued to: LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY CANCELLATION AMENDMENT In consideration of the premium charged, it is hereby agreed that the cancellation provision is amended to 90 days in lieu of 13O) days, except for non - payment of premium Mich remains (10) days. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) LX9696 (02103) .W- 4 -:Y+ .11. U`6,c,YI $iHn ENDORSEMENT This endorsement, effective 12:01 AM 02/14/2011 Forms a part of policy no.: TBD 065463440 Issued to: LEIGHTON GROUP, INC, By:LEXINGTON INSURANCE COMPANY PRIMARYfNON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non - contributing. mia+C x',.in Ali other terms and conditions of the policy remain the same. Autho €rzed Representative OR Countersignature (in states where applicable) 1.X8838 (08106} .— *10_ ENDORSEMENT This endorsement, effective 12:01 AM 02/1412011 Forms a part of policy no.: TBD 065463440 Issued to: LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature fin states where applicable) LEXOCC234 (11103) 1.X0436 Y - V,i, COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse - required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident' or "loss ", provided that the unless modified by the endorsement. "accident' or 'loss" arises out of the operations Paragraph S. Transfer of Rights Of Recovery contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: nated in such contract. S. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent =_ a d� a CA T3 40 08 08 02008 The Travelers Companies, Inc. Page 1 of 1 004867 Client#: 1257049 305LEIGHGRO DATE(MM /DDNYYY) 8/28/2012 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. -- -IAWT:-- f-- -- ---`-. - -_.. _----.. �--- ------ - -1..._-1 -V --.._ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGAT{ON 15 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 I :°,"sTTac Kathv Waters BB &T Insurance Services of Orange County 680 Langsdorf Drive Suite 100 Fullerton, CA 92831 INSURED Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614 -6009 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 10 CERTIFY THAI' 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS R LTR ADDL TYPE OF INSURANCE I UB�'R ,V POLICY NUMBER POLiCYEFF M UDDtYYYY} POLICY EXP MMIDDIINYY LIMITS GENERAL LIABILITY EACHOCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR IE T PREMISES (OEa oon�ence ._�........_._. $ MED EXP (Any one person) $ PERSONAL & ADV INJURY _ $ I GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS -COMPIOPAGG $ 1POLICY PRO- LOC ___JE�� .. _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident/ $ ANY AUTO BODILY INJURY (Per porson) $ ALL O SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE iFerasidenfl $ HIRED AUTOS NOWOWNED AUTO S S ,,,,_ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ E%CESS LIAB CLAIMS -MADE BED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORiPARTNER /EXECUTIVE.r1 ELEACH OFFICERtMEMSER EXCLUDED? NIA X ,�....._ PJU67151C20312 9/01/2012 09/01/201 X WC STATU- OTH- -T ACCIDENT $1 OOD Ot{ti E.L. DISEASE- EAEMPLOYEE $1 D00 OOD {Mandatory in NH) ff yyes, descrice under DE SCRIPTION OF OPERATIONS help, _ _ �.. EL DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS i LOCATIONS t VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Waiver of Subrogation applies as required by valid contract as included within Traveler's Waiver of Our Right to Recover from Others Endorsement - California WC990376(A), as attached and as included within the Workers Compensation Policy. Re: Proj #602089 City N B/SunstRdge, Newport Beach (See Attached Descriptions) (LC)City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 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 (19RR_9nin A('OPn Q(IRPOPATION All rinhf. rws:arvad ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD #S9152197/M9151531 LXMCN DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. SAGITTA 25.3 (2010106) 2 of 2 #S91521971MS151531 AW WORKERS COMPENSATION rRriY ZER S AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)- POLICYNUMBER: PJUB71SIC20312 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be °f of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any person or organization for which the named insured has agreed by written contract executed prior to loss to furnish this waiver. 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 09/01/12 Policy No. PJUB71SIC20312 Endorsement No. Insured Leighton Group Inc, Laighton & Associates Inc Premium Leighton consulting Inc Insurance Company Countersigned by Travelers Property Casualty Co - DATE OF ISSUE: 09/01/12 ST ASSIGN: Page 1 of 1 CERTIFICATE OF INSURANCE CHECKLIST 1 � This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1/13/13 Dept /Contact Received From: Date Completed: 1/31/13 _ Sent to: Company /Person required to have certificate: Type of contract: Tania By: Renee Zeightan Consulting, Inc. All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 2114/12 to 2114113 A. INSURANCE COMPANY: Lexington Insurance Company B. AM BEST RATING (A-: Vil or greater): _ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ® No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000/$2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes 0 No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does N/A F. not apply to Waste Haulers or Recreation) ® Yes © No G. ADDITIONAL INSURED FOR PRODUCTS AND ® N/A ❑ Yes © No G. COMPLETED OPERATIONS ENDORSEMENT (completed ❑ N/A ❑ Yes M No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes [] No 1. 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? C] Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: Il N/A ® Yes © No II. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 2114/12 to 2/14113 _ A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: Vil or greater) A +; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes No D. LIMITS - if Employees (Must be $1M 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: ❑ N/A ❑ Yes M No H. NOTICE OF CANCELLATION: ❑ NIA ® Yes © No DI VVORKERS'COMPENS/T1ON EFFECTA/E/EXPI RATION DATE: 9M/12 to &/ A� INSURANCE COMPANY: C _���ItLg����������������������� B. AM BEST RATING (A^: VII nrgneated: C� ADMITTED Company (Must ba California Admitted): El Yes El No D. WORKERS' O[)MPENSAT|ONLIMIT: Statutory 0 Yes FlNo E. EMPLOYERS' LIABILITY LIMIT (Must be$1Murgreater) $1,000,000 _^__ F� VVA|VEROFQUBR{><�/�T|0N (To inc|Ude): (sitino|uded? K8 Yes F7 No G, SIGNED VVORKERS'CO/N9EN8AT|0N EXEMPTION FORM: [0 N/A Fl Yes 0No H� NOTICE OFCANCELLATION: Fl N/A Z Yes F]Nu ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK in 201�10118R ZN/A []YouElNu HAVE ALL ABOVE REQUIREMENTS BEEN MET? El Yes M No IF NO, WHICH ITEMS NEED TO BE COMPLETED? 'v`rr-``~^ Igor Agent ofA||i*nt Insurance Services Date Broker of record for the City of Newport 8each RISK MANAGEMENT APPROVAL REQUIRED.(Non-admitted carrier rated less than Self Insured Retention or Deductible greater than El N/A 0 Yes 0 No Reason for Risk Management oppnnuaKoxme Lexington is a Non-Admitted Carrier & Travelers licensing is not ava*Llqbie on AM Best rightnow - will need Risk Management Approval. 1/31/13 Approved by Sheri Anderson. ',rrr-`--: Risk Management Date w Subject to the terms of the contract. Chant#- 1257049 305LEIGHGRO ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE peel 2/14/2012 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. ...___ ____ __ ._R__. —._� bj IMPORTANT: If tbB certificate holder is an 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 BB &T Insurance services of Orange County 680 Langedorf Drive Suite 100 Fullerton, CA 92831 CONTACT Kathy Waters PHONE 714 578.7238 FAX A/C No Ex1: ------ A/O NoL,_,— EbMDA A DaRIESS: KWaters @bhand #.com INSURERS) AFFORDING COVERAGE NAG It INSURER A: Lexingto_n_Insurance Company ^ ^ — 19437 INSURED — - Leighton Consulting Inc 17781 Cowan Ste. 100 Irvine, CA 92614 -6009 INSURER B: Travelers Property Casualty Co 25674 -- INSURER C: INSURER D: _ DAWtA E TO RENTED PREM3 ES Eaoccurzer+ee), INSURER E: INSURER F: ._...... . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED 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 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. LTRR TYPE OF INSURANCE NDOL SNUVB Ww POLICY NUMBER MM /DI bIYYYY h9MfD@t EYrr LIMITS_ A GENERALUASILnYW 065463440 D211412012 4211412013 EACH OCCURRENCE _ $1 400000 _ DAWtA E TO RENTED PREM3 ES Eaoccurzer+ee), $aDOQ X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X1 OCCUR MED EXP(Arty one person PERSONAL 8 ADV INJURY _$Excluded _$1,000 400 GENERAL AGGREGATE $2,404,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG_ $2r000,000 POLICY X PRO X LOD Overall Policy General A,gcgre ate $$5,440 000 B AUTOMOBILELIABILITY 8100305L814TIL12 2114/2012 02/14/2013 EO BINEDtSINGLE LIMIT 1OQOD44 X BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ . -—"- ALLOWNED SCHEDULED AUTOS NON OWNED HIRED AUTOS X AUTOS X PROPERTYDAMAGE Per accident $ A X UMBRELLA UAB OCCUR 046546318 D2111412012 02/14/2012 EACH OCCURRENCE $5000000 _ AGGREGATE $5 OQD QQQ EXCESS Man CLAIMS-MA,, __ OED X RE_TENTION$14QOO $ WORKERS COMPENSATION WCSTLA& OTH- ANDEMPLOYERS'UABWTY YIN OFFICEWMEMBER EXCLUDED?ECUTNE❑ NIA E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICV LIMIT $ A Prof /Pollutn Liab 013001524 D2114/2012 02/1412013 $2,000,000 Per Claim Claims Made $4,000,000 Ag $25000Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) Additional Insured applies on General Liability per Lexington's Additional Insured Owners, Lessees or Contractors endorsement LX960410101 and LX960510101 attached to the General Liability policy as required by written contract. Primary wording applies to General Liability per Lexington's endorsement LX9838 08105 attached to policy. (See Attached Descriptions) (LC)Clty of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD ucoa ocena mane �ceta 1 YAtlr`M I DESCRIPTIONS (Continued from Page 1) 1 Additional Insured applies on Automobile Liability per Traveler's Additional Insured endorsement CAT301 02/99 attached to the Automobile policy as required by written contract. Re: proj #602089 City NBfSunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. Waiver of Subrogation applies on General Liability per Lexingtons Blanket Waiver of Subrogation LX048511/03 attached to the General Liability policy as required by written contract. Waiver of Transfer Rights of Recovery Against Others to Us applies on Automobile Liability per Travelers endorsement CAT340 08108 attached to the Automobile policy as required by written contract. SAr1TTA 25.3 t2n1nt65i 2 #58186631/M8176656 POLICY NUMBER: 065463440 ENDORSEMENT # COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Location And Description of Completed Operations: Re: Pro} #602089 CityNBJSunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". CG 20 37 10 01 �5 ISO Properties, Inc., 2000 Page 1 of 1 LX9604 POLICYNUMBER: 065463440 ENDORSEMENT# COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT (LC)City of Newport Beach 3300 Newport Blvd Newport Beach,CA 92658 -0000 Re: Proj #602089 CityNBlSunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section If -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: CG 20 10 10 01 ISO Properties, Inc., 2000 LX9605 (1) All work, including materials, parts or equipment furnished in connection with such work, on 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. Page 1 of 1 -s COMMERCIAL AUTO ISSUE DATE: 02/14!12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Paragraph c, of the WHO IS AN INSURED provision includes the person or organization indicated below, but only for his, her or its liability because of acts or omissions of an "insured" under paragraphs a, or b. of that provision, subject to the following additional provisions: Person or Organization (LC)City of Newport Beach Re: Proj #602089 CityNB /SunstRdge, Newport Beach Additional Insured to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. 1. No liability is assumed by that person or organi- zation for the payment of any premiums stated in the policy or earned under the policy. 2. In the event of cancellation of the policy, written notice of cancellation will be mailed by us to that person or organization. Address 3300 Newport Blvd Newport Beach,CA 92658 -0000 CA T3 0102 99 Page 1 of 1 ENDORSEMENT This endorsement, effective 112:01 AM 02114/2011 Forms a part of policy no.: TOD 065463440 Issued to: LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY CANCELLATION AMENDMENT In consideration of the premium charged, it is hereby agreed that the cancellation provision is amended to 90 days in lieu of (30) days, except for non - payment of premium which remains (10) days. All other terms and conditions remain unchanged. Authorized Representative OR Countersignature (In states where applicable) LX9586 1921031 WGI.4 Il'�:f3 .., Il'10 W+ .m 04 ENDORSEMENT This endorsement, effective 12 :01 AM 02/i4/2011 Forms a part of policy no.: TBD 065463440 issued to: LEIGHTON GROUP, INC, By:LEXINGTON INSURANCE COMPANY PRIMARYINON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy: Notwithstanding any other provision of the policy to the contrary, the Insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance, but only with respect to any claim, loss or liability arising out of the Named Insured's operations; and any insurance maintained by the Additional Insured shall be non - contributing. All other terms and conditions of the policy remain the same. Authorized Representative OR Countersignature (in states where applicable) LX9838108185) ENDORSEMENT This endorsement, effective 12:01 AM 02/14 /2011 Forms a part of policy no.: TBD 065463440 Issued to:LEIGHTON GROUP, INC. By:LEXINGTON INSURANCE COMPANY WAIVER OF SUBROGATION (BLANKET) It is agreed that we, in the event of a payment under this policy, waive our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of .a written contractual agreement between the insured and such person or organization entered into prior to the "occurrence" or offense. All other terms and conditions remain unchanged. I/ Authorized Representative OR Countersignature (In states where applicable) LEXCCC234 (11/03) LX0486 Wl'. .1'0 ... xtl, YL„ri t'1I1T COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- required of you by a written contract executed ment, the provisions of the Coverage Form apply prior to any "accident" or "loss ", provided that the unless modified by the endorsement. "accident" or "loss" arises out of the operations Paragraph S. Transfer of Rights Of Reco very contemplated by such contract. The waiver ap- Against Others To Us of the CONDITIONS section plies only to the person or organization desig- is replaced by the following: Hated in such contract. 5. Transfer Of Rights Of Recovery Against Oth- ers To Us We waive any right of recovery we may have against any person or organization to the extent CA T3 40 08 08 02008 The Travelers companies, Inc, Page 4 of 9 Client #: 1257049 305LEIGHGRO ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8/28812011201IYYYYj 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 NAW Kathy Waters BB &T Insurance Services PHONE 714 578 -7238 FAX AJ0 No Ext}; A/C, No of Orange County ._ E-MAIL KWaters bbandt.00m 660 Langsdorf Drive Suite 100 I, . EACH OCCURRENCE $ Fullerton, CA 92831 INSURER(S) AFFORDING COVERAGE NAICIf INSURER A C Travelers Property Casualty CO 25674 tHSURED Leighton Consulting Inc INSURER S: _ - — -- $ 17781 Cowan Ste. 100 wsuRER c_�, Irvine, CA 92614 -6009 NSURER0 PERSONAL B ADV INJURY $` INSURER E: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL MR. SU SUB POLICYNUMBER FOLICYEFF MMIDDIYYYY) FOLICYEXP MMlDD/1'YYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ pREM1SC5�ao- Nrc7urrerce $ COMMERCIAL. GENERAL LIABILITY MED EXP Any one Berson} $ CLAWS -MADE OCCUR PERSONAL B ADV INJURY $` _ GENERALAGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS- COMPIOPAGG _. $ I POLICY PRO. LOC ECT . -.— S AUTOMOBILE LIASILJTY _ COMBINED SINGLE LIMIT jFa acc dent) „_, ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per amidenc $ NOWOWNED HIRED AUTOS AUTOS TROPERTYDAMAGE (P raccident $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE i DED RETENTION if $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? N NIA X PJUB71SIC20312 9/01/2012 09/01/2013 X WCSTATU -' OTH- ..,_ &YL16NS E. L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000,000 {Mandatory in NH) If yyas, dasate urx"sr DESCRIPH NOFOPERATIONSbetow -_ EL, DISEASE— POLICY LIMIT $110001000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Addt}onal Remarks Scheduia, if more space is required) Waiver of Subrogation applies as required by valid contract as included within Traveler's Waiver of Our Right to Recover from Others Endorsement - California WC990376(A), as attached and as included within the Workers Compensation Policy. Re: Proj #602089 CityNB /SunstRdge, Newport Beach (See Attached Descriptions) (LC)Clty of Newport Beach 3300 Newport Blvd Newport Beach, CA 92658 ACORD 25 (2010105) 1 of 2 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 O 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i DESCRIPTIONS (Continued from Page 1) Waiver of Subrogation to include per above specifications: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers. SAGITTA 25.3 (2010/05) 2 of 2 +acn.t rnrl nRr.... CA C1 e WORKERS COMPENSATION p t �ER � AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 990375( A)- POLICYNUMBER: PJUB7151C20312 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be % of the California workers' compensatlon pre- mium. Schedule Person or Organization Job Description Any person or organization for which the named insured has agreed by written contract executed prior to loss to furnish this waiver. 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 09/01/12 Polity No. PJUB7151C20312 Endorsement No. Insured Leighton Group Inc, Leighton & Associates Inc Premium Leighton Consulting Inc Insurance Company Countersigned by _ `' I '�,. " Travelers Property Casualty Cc DATE OF ISSUE: 09/01/12 ST ASSIGN: Page 1 of 1