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HomeMy WebLinkAboutC-5286 - PSA for Beach Sand Replenishment ProgramrJ Lf) U AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL DBA LARRY PAUL & ASSOCIATES FOR BEACH SAND REPLENISHMENT PROGRAM THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. Two") is made and entered into as of this 21st day of December, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and LARRY PAUL, a sole proprietor doing business as ("DBA") LARRY PAUL & ASSOCIATES ("Consultant"), whose address is 2967 Michelson Drive, G244, Irvine, CA 92612, and is made with reference to the following: RECITALS A. On November 28, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") to secure sand for the Beach Sand Replenishment Program. ("Project"). B. On December 31, 2013, City and Consultant entered into Amendment No. One to the Agreement ("Amendment No. One") to reflect additional services not previously included in the Agreement, to extend the term of the Agreement, to update the City's address and to increase the total compensation. C. The parties desire to enter into this Amendment No. Two to extend the term of the Agreement to June 30, 2017. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 By: Aaron C. Harp g City Attorney ATTEST: I Date: By:A&I.1 �\ I �'? Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: �,r2 a -Lj&p By: Dave Kiff City Manager CONSULTANT: Larry Paul DBA Larry Paul & Associates, a sole proprietor doing business as ("DBA") Date: Bv: Signed in Counterpart Larry Paul Sole Proprietor [END OF SIGNATURES] Larry Paul DBA Larry Paul & Associates Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3 By: I Aaron C. Harp g City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Dave Kiff City Manager CONSULTANT: Larry Paul DBA Larry Paul & Associates, a sole proprietor doing business as ("DBA") Date: j�-� -� y Larry P� Sole Proprietor [END OF SIGNATURES) Larry Paul DBA Larry Paul & Associates Page 2 9 cx� AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT t WITH LARRY PAUL DBA LARRY PAUL AND ASSOCIATES FOR V BEACH SAND REPLENISHMENT PROGRAM THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 31st day of December, 2013 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and LARRY PAUL, a sole proprietor doing business as ("DBA") LARRY PAUL AND ASSOCIATES ("Consultant"), whose address is 2967 Michelson Drive G244, Irvine, CA 92612, and is made with reference to the following: RECITALS A. On November 28, 2012, City and Consultant entered into a Professional Services Agreement ("Agreement") to develop a program to secure sand for the Beach Sand Replenishment Program ("Project"). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2015, to update the City's address and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2015, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Exhibit A to the Agreement shall be supplemented to include the Supplemental Scope of Services dated December 19, 2013, attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONSULTANT Exhibit B to the Agreement shall be supplemented to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). Exhibit B of the Agreement and Exhibit B of Amendment No. One shall collectively be known as "Exhibit B." Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Seventy Eight Thousand One Hundred Twenty Dollars and 00/100 ($78,120.00), 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." The total amended compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty Thousand Two Hundred Thirty Dollars and 00/100 ($40,230.00). 4. NOTICES Section 26.1 shall be updated to reflect the City's address as: 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE) Larry Paul DBA Larry Paul and Associates Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: 1 Z/ 2 3/ I �j Date: 1— g-1 By: C4� C �— By: Aaron C. Harp DaveKk City Attorney City Manager ATTEST: CONSULTANT: Larry Paul, a sole Date: �• 13� proprietor DBA Larry Paul and Associates Date: M .- :�,2 0 l l By: gyi� Leilani I. Brown L rry Paul City Clerk, ��lp�t Sole Proprietor END OF SIGNATURES Attachments: Exhibit A — Scope of Services Dated December 19, 2013 Larry Paul DBA Larry Paul and Associates Page 3 EXHIBIT SCOPE OF SERVICES Larry Paul DBA Larry Paul and Associates Page A-1 LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT December 19, 2413 Mr. Dave Webb Director, Public Works City of Newport Beach Newport Beach, Ca 92663 Re: Extension of Professional Services Agreement Dear Dave, Under the following proposal, l would continue to support the City's efforts to develop a beach replenishment and management program for in -bay and ocean front beaches. The work tasks will be centered on facilitating inter -agency collaboration with the Regional Board, County of Orange, and key agency officials in Sacramento to develop, fund and implement sand removal and replenishment projects. I would also continue to provide assistance for the City's efforts in implementing a harbor infrastructure maintenance program and a broader watershed program in collaboration with the County, watershed cities, and federal and state resource and regulatory agencies. Project tasks include: 1. Providing an assessment for the feasibility of each sand replenishment project. 2. Assisting in the efforts to secure the cooperation of the San Diego Creek watershed partners. 3. Determining the potential regulatory issues and permit requirements. 4. Assisting in the development of a project scope for the plans and specifications, entitlements, and cost estimates that will serve as the foundation for a RFP process. S. Determining the scheduling constraints associated with sand replenishment for open ocean beaches and those within the harbor. 6. Attending City staff meetings as required. 7. Providing monthly summaries of progress. 8. Assisting in the development of public outreach efforts. 9. Scheduling and attend meetings with the regulatory and resource agencies, and local agencies as required 10. Providing assistance for the working waterfront committee 11. Providing assistance for beach and harbor related issues. Larry Paul 949.439.145 S I arrypau I anda sscic.conn 2967 Michelson Drive G244 Irvine, CA 92612 LARRY PAUL AND ASSMATES WATERSHED & COASTAL PROJECT DEVELOPMENT The work associated with the harbor infrastructure issues include: 1. Preparing a strategy for engaging the regulatory agencies to develop a more broadly functional permit process and setting agendas for and attend meetings, follow ups, conference calls, summary reports, and assist in developing presentation materials. 2. Providing assistance and direction for the California working waterfront committee. Preparing agendas, schedule and attend meetings and submit summary reports of the activities, outreach to and collaboration with the member agencies including the major ports, develop partnerships with members to address common needs for harbor project funding, and regulatory initiatives including sea level rise implications. 3. Assisting in the city in determining regulatory strategies and policies for the development of Lower Castaways and the Balboa Island Sea wail projects 4. Assisting in development of a harbor multiphase, self- mitigation process and potential for a regional mitigation bank. 5. Researching sediment quality objectives for the in bay beach and ocean beach rc- nourishment and provide a range of economic factors associated with identified sediment sources. Other broader watershed program tasks will include: 1. Continuing collaboration with the Newport Bay Conservancy including the watershed coordinator. 2. Seeking out the potential opportunities for sediment reduction projects including Borrego Wash, Serrano Creek, and Diego creek sediment removal. 1 Continuing researching the potential for storm flow reduction to the UCI Marsh as a strategy for fine sediment reduction to Upper Bay. 4. Continuing investigation for federal and state project funding sources. 5. Continuing working with watershed partners to develop a more cohesive watershed program including collaborative efforts to meet sediment quality objectives. 6. Participating and/or monitor State Water Resources Control Board meetings for the Surface Water Ambient Monitoring Program targeting the development of biological objectives for receiving waters(San Diego Creek, Upper Bay) 7. Providing updated analysis of emerging State and Federal regulatory issues. 8. Setting agendas and organizing and attending federal/State resource and regulatory meetings. 9. Providing monthly summary reports. Larry Paul 949.439.1455 I a rrypau l a ridassoc.com 2967 Michelson Drive G244 Irvine, CA 92612 LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT The proposed work for the specific project tasks and the broader seeped watershed program is made up of the following categories of work: I. Strategies for project and program development -30% 2. Investigation and research for project funding -10% 3. Intergovernmental coordination and collaboration -40% 4. Summary reports, agendas, staff meetings, and conference calls in support of city programs and project activities -20% The contract period would be through the period ending January 31, 2015 and the contract cost on a time and material basis for a not -to -exceed amount of $40,320. Thank you for the opportunity to submit this proposal. Sincerely, i arry Larry Paul 949.439.1455 I a rrypau l a nd ass oc.com 2967 Michelson Drive r244 Irvine, CA 92612 PROFESSIONAL SERVICES AGREEMENT WITH LARRY PAUL FOR BEACH SAND REPLENISHMENT PROGRAM THIS AGREEMENT FOR PROFESS #kAFRVICES („Agreement") is made A&A entered into as of this aday of �{t 12 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ("City"), and LARRY PAUL, a sole proprietor doing business as ("DBA") LARRY PAUL AND ASSOCIATES ("Consultant"), whose address is 2967 Michelson Drive, Suite 6244, Irvine, California 92612 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 develop a program to secure sand for the Beach Sand Replenishment 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 Larry Paul. 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: The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2013 unless terminated earlier as set forth herein. �11�7��3;77ititl) 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 3.1 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 B 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 Thirty -Seven Thousand, Eight Hundred Dollars and 00 /100 ($37,800.00) 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. 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 Larry Paul 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. Robert Stein, Assistant City Engineer or his/her designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. 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 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 LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 3 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. • •�1111IZUSA 00 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 LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 4 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. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement 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 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. LARRY PAUL LARRY• AND ASSOCIATES f 16. SUBCONTRACTING 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. 18. COMPUTER DELIVERABLES 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. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 6 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 bome by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 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: Robert Stein, Assistant City Engineer Public Works City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644-3322 Fax: (949) 644-3318 26.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: LARRY PAUL 2967 Michelson Drive, Suite G244 Irvine, CA 92612 Phone: (949) 439-1455 Fax: (949) 831-8682 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. Consultants 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 LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 8 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. 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. LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 9 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 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. 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] LARRY PAUL i t. LARRY PAUL AND f Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNE�YI�Q�� E Date: // By: Aaron C. narp ,Zc City Attorney CITY OF NEWPORT BEACH, A California municipal corporaN n Date: ,. Dave A. Webb Public Works Director ATTEST: CONSULTANT: LARRY PAUL a sole Date: A'U-12- proprietor doing business as LARRY PAUL AND ASSOCIATES Date: Zf_ By BY Leilani I. Brown Larry Paul City Clerk Sole Proprietor ko:�'FOR'!;j [END OF SIGNATURES] Attachme—M : Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements t\apps\shared\templates\professional services\psa standard non-design.dotx LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page 11 EXHIBIT A SCOPE OF SERVICES y_ Z ZAl •#T ._Aum MIJ W-11 0 1i • M... a •��� a LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT September 14, 2012 Mr. Dave Webb Director, Public Works City of Newport Beach Newport Beach, Ca 92663 Dear Dave, 1 propose the following scope of work to assist the City initially in a beach replenishment program by utilizing potential upland sand sources. This effort seeks to take advantage of the San Diego Creek sand traps and the Santa Ana River as the primary sources of this upland sand resource for delivery to the beaches within the city limits. The work will be centered on consulting services for intergovernmental collaboration, project development, project funding, and the strategies necessary for a successful project implementation. Other tasks will include providing assistance for the City's efforts in implementing the broader watershed program in collaboration with the County and watershed cities and coordination with federal and state resource and regulatory agencies. The beach replenishment project tasks include: 1. Provide an assessment for the feasibility of project. 2. Assist in the efforts to secure the cooperation of the San Diego Creek watershed partners. 3. Determine the potential regulatory issues and permit requirements. 4. Assist in the development of a project scope for the plans and specifications, entitlements, and cost estimates that will serve as the foundation for a RFP process. 5. Determine the scheduling constraints associated with sand replenishment for open ocean beaches and those within the harbor. 6. Attend City staff meetings as required. 7. Provide monthly summaries of progress. 8. Assist in the development of public outreach efforts. 9. Schedule and attend meetings with the regulatory and resource agencies, and local agencies as required. The broader watershed program tasks will include: L Meeting and conference calls with the City to develop and implement a revised management approach for dealing with watershed issues. 2. Provide the city with assistance for meetings, conference calls and correspondence related to watershed issues. 3. Provide the city with analysis for emerging regulatory issues. 4. Develop a list of decision issues related to the watershed Larry Paull 949.439.1455 larrypaulandassoc.com 2967 Michelson Drive G244 Irvine, CA 92612 LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT September 14, 2012 5. Seek project funding by a comprehensive investigation of state and federal sources 6. Prepare agendas, schedule, and attend meetings with the State and Federal resource and regulatory agencies. 7. Provide monthly watershed summary updates as appropriate, 8. Investigate collaborative opportunities with watershed NGOs. 9. Provide assistance for ocean beach technical and environmental issues. 10. Convening and advancing collaboration with the watershed cities. The proposed work for the specific project tasks and the broader scoped watershed program is made up of the following categories of work: 1. Strategies for project and program development -30% 2. Investigation and research for project funding -10% 3. Intergovernmental coordination and collaboration -40% 4. Summary reports, agendas, staff meetings, and conference calls in support of city programs and project activities -20% The contract period shall be through the period ending December 31, 2013 and the contract cost on a time and material basis is a not to exceed amount of $37,800. Thank you for the opportunity to submit this proposal - Sincerely Larry Paul Larry Paul 949.439.7455 larrypaulanda ssoc.com 2967 Michelson Drive G244 Irvine, CA 92612 EXHIBIT B SCHEDULE OF BILLING RATES LARRY PAUL dba LARRY PAUL AND ASSOCIATES Page B-1 LARRY PAUL AND ASSOCIATES WATERSHED & COASTAL PROJECT DEVELOPMENT September 14, 2012 Mr. Dave Webb Director of Public Works City of Newport Beach Newport Beach, Ca 92663 Dear Dave, The following is my scheduled billing rate: Larry Paul- $168.00 Also as a sole proprietor, I am insured for the general liability of $2 million. Sincerely, Larry Paul Larry Paul 949.439.1455 larrypaufanclassoc.corn 2967 Michelson Drive G244 Irvine, CA 92612 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. a o Va R t.♦- � s a i. 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 ($1,000,004) 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 Contributoru. 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 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 subconsuitant 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. LARRY PAUL tt. LARRY PAUL AND ASSOCIATES Page CERTIFICATE OF INSURANCE ISSUEDATE 11ro7rzalz 3UCER Cert# 71665 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND GEORGE L, BROWN INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 1409 CALLE RECODO DOES NOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SAN CLEMENTE, CA 92673 POLICIES BELOW, 949.$61.1400 FAX 949.381.2767 COMPANIES AFFORDING COVERAGE COMPANY A TRAVELERS INSURANCE INSOKtu COMPANY LAWRENCE PAUL B COMPANY 2967 MICHAELSON DR, #G244 C IRVINE, CA 92612-8841 COMPANY D ,COVERAGES THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, THETERMS, L'&Uhl MAY CO LTR TYPE OF INSURANCE POIJCYNUMBER POLICY EFFECTIVE DATE(MWDDIYY) POLICYEXPIRATION DATE(MMJDONY) LIMITS A GENERAL LIABILITY X COMMERCIA4GENERAL LIABILITY LAIMS MADE OOCCUR OWNER'S& CONTRACTOR'S PROT. 68018863119 DEC 2111 DEC 2112 GENERAL AGGREGATE $ 2,000.000 PRODUCTS-COMPfoPAGO.- $ 2,000,000 PERSONAL &ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE&W One Flm) S $00,000 MED. EXPENSE(AiV Ons Person $ 10,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTO$ NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per Person) $ BODILY INJURY (Px ArradeM) PROPERTY DAMAGE S ,GARAGE LIABILITY ANYAUTO AUTO ONLY. EAACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT FS AGGREGATE $ EXCESS LIABILITY UMBRELLAFORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 9 AGGREGATE $ WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY TNG PROPRIETOR( INCL PARTNERSfBXECUTIVE- OFFICERSA E: EXCL X $TATUTORYLIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT $ DISEASE -EACH EMPLOYEE -- $ OTHER_m-__.......,.,.,.-.-. ._......_..�.. DESCRIPTION OF OPERATIONVLOCATEDt4WEHICLEBiSPECIAL ITEMS THE CITY ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS PER FORM GGD037 (OWO5) INCLUDING PRIMARY WORDING PER FORM CGDO37 {04105) RE: ONGOING OPERATIONS PERFORMED BY THE NAMED INSURED FOR THE CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CITY OF NEWPORT BEACH PUBLIC WORKS 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 ATTN: TANJA MOORE SHOULD ANY OF THEASOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 80 DAYS WRITTEN NOYIOE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. NON-PAYMENT OF PREMIUM OG DO 37 04 05 This endorsement modifies insurance provided under the following_ COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS (Section W), Paragraph 4. (Other Insurance), is amended as follows: 1. The following is added to Paragraph a. Primary Insurance: However, If you specifically agree in a written contract or written agreement that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other Insurance that is available to such additional insured which covers suoh additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and b. The "personal injury" or "advertising offy' for which coverage is sought arises out of an offense committed subsequent to the signing and execution of that contract or agreement by you. 2. The first Subparagraph (2) of Paragraph b. Excess Insurance regarding any other primary insurance available to you is deleted. 3. The following is added to Paragraph b. Excess Insurance, as an additional subparagraph under Subparagraph (1), That is available to the insured when the insured is added as ark additional insured under any other policy, Including any umbrella or excess policy. CG DO 37 04 05 TRAVELERS One Tower Square, Hartford, Connecticut 06153 COMMON POLICY DECLARATIONS POLICY NO.: I -680-i B863i i 9 -ACJ -11 OFFICE PAC ISSUE DATE: 12-14-11 BUSINESS:MGMT CONSULTNT INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS: LAWRENCE PAUL 2967 MICHAELSON DR #G244 IRVINE CA 92618 2. POLICY PERIOD: From 12-21 -11 to 12-21 -12 12:01 A.M. Standard Time at your mailing address. 3. DESCRIPTION OF PREMISES: ADDRESS PREM. LOC. NO. BLDG. NO. OCCUPANCY (same as Mailing Address unless specified otherwise) 01 01 MGMT CONSULTNT 2967 MICHAELSON DR #G244 IRVINE CA 92618 4. COVERAGE PARTS AND SUPPLEMENTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COVERAGE PARTS and SUPPLEMENTS INSURING COMPANY Businessowners Coverage Part ACJ 5, The COMPLETE POLICY consists of this declarations and all other declarations, and the forms and endorse- ments for which symbol numbers are attached on a separate listing. 6. SUPPLEMENTAL POLICIES: Each of the following is a separate policy containing its complete provisions. POLICY POLICY NUMBER INSURING COMPANY DIRECT BILL 7. PREMIUM SUMMARY: a Provisional Premium $ 500.00 Due at Inception $ Due at Each $ NAME AND ADDRESS OF AGENT OR BROKER \COUNTERSIGNED BY: BROWN\GEORGE LOINS AGCY YX281 ) ��5 1005 CALLE RECODO Authorized Representative SAN CLEMENTE CA 92673 IL TO 19 02 05 (Page 1 of 01) DATE:1� Office: DIAMOND BAR DOWN � AMk TRAVELERS One Tower Square, Hartford, Connecticut 06183 =vow"=wov"vm=nnCOVERAGE PART DECLARATIONS OFFICE PAC P<JdCYNO.: I -880 -18863118 -ACJ -11 |SSUEDATE: 12~14-11 � � INSURING COMPANY: TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA POLICY PERIOD: From 12-21-11 to 12-21-12 12:01 A.M. Standard Time at your mailing address. FORM OF BUSINESS: INDIVIDUAL COVERAGES AND LIMITS OF INSURANCE: Insurance applies only to an item for which a "limit" or the word "included" Is show", COVERAGECOMMERCIAL GENERAL LIABILITY � OCCURRENCE FORM LIMITS OF INSURANCE General Aggregate (except Products -Completed Operations Limit) $ 2'000^000 Products -Completed Operations Aggregate Limit $ 2.080,000 Personal and Advertising Injury Limit * 1`000`008 �. Each Occurrence Limit $ 1.0001000 Damage to Premises Rented to You $ 308,000 Medical Payments Limit (any one person) $1 5.800 BUSINESSOWNERS PROPERTY COVERAGE nEDVC778iE AMOUNT: Busineasowners Property Coverage: $ 500 per occurrence, Building Glass: $ 500 per occurrence. BUSINESS INCOME/EXTRA EXPENSE LIMIT: Actual loss for 12 consecutive months� Period of Restoration -Time Period: Immediately ADDITIONAL COVERAGE: Fine Arts; Other additional coverages apply and may be changed by an endorsement read the policy. SPECIAL PROVISIONS: N� K�����U������U�� ���0�����KUV���X�U�lyK�|��������� � ~°^^'°,,""~~"^~,"^`~°`~~°"�~°,="^~~-.""~°,"~,,"~~,,~~.~.~.~. �«%�K���U�K����������&������������������U�X� ^��^�`*~~=°°~'""~~"^~~~~,"~~,`~=~"^~~~~"`~=~~"`,~~^~""""`" MPT00102 06(Page 1of02\ Please MP TO 01 02 05 (Page 2 of 02) BUSINESSOWNERS PROPERTY COVERAGE PREMISES LOCATION NO.: 01 BUILDING NO.: 01 LIMIT OF INFLATION COVERAGE INSURANCE VALUATION COINSURANCE GUARD BUSINESS PERSONAL PROPERTY $ 15,000 RC* N/A 0.0% *Replacement Cost COVERAGE EXTENSIONS: Accounts Receivable $ 25,000 Valuable Papers $ 25,000 Other coverage extensions apply and may be changed by an endorsement. Please read the policy, MP TO 01 02 05 (Page 2 of 02) • Insurance,., °�x>�mYau>x*ma:�wc� POLICY NUMBER: Y6980479 SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS (CONTINUED) NAMED INSURED: LAWRENCE R PAUL AND CAROLYN M PAUL 8295 TRAIL HOLLOW CT RENO NV 89523-4827 AGENT: WILKINS & ASSOC INS SER INC 140 W HUFFAKER LN STE 508 RENO NV 89511-4012 RENEWAL POLICY PERIOD FROM: JULY 2 2012 TO: JULY 2 2013 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: (775) 827-3939 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES 5 1,597.20 DISCOUNTS & SAFECO SAFETY REWARDS You saved $209.90 Included err---------- TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 1,597.20 You may pay your premium in full or in installments. There is no installment flee for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all ® other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: 52.00 per installment for recurring automatic deduction (EFT) $2.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods YOU SAVED 5209.90 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: _ Account -CONTINUED - P 0 BOX 515097, LOS ANGELES, CA 90051 SA-1697/EP 9190 Page 2 of 3 DATE PREPARED: MAY 3 2012 G14 RATED DRIVERS LAWRENCE PAUL, CAROLYN PAUL 2007 FORD EXPLORER XLT 4 DOOR IDS 1FMEU73E07UB84817 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. COMBINED SINGLE LIMIT: BODILY INJURY AND 5500,000 $ 294.80 10 PROPERTY DAMAGE Each Occurrence .a LIABILITY 0 ti MEDICAL PAYMENTS 551000 21.10 0 UNINSURED MOTORISTS: 00 BODILY INJURY 5100,000 50.40 o` Each Person "D5100,000 Co Each Accident 0 0 COMPREHENSIVE Actual Cash Value 78.50 0 0 Less 5100 Deductible 0 0 COLLISION Actual Cash Value 111.50 ru Less 5500 Deductible t---------- rn TOTAL S 556.30 na 0 0 TOTAL EACH VEHICLE: 2001 FORD 5 547.70 2000 VOLK 493.20 2007 FORD 556.30 PREMIUM SUMMARY PREMIUM VEHICLE COVERAGES 5 1,597.20 DISCOUNTS & SAFECO SAFETY REWARDS You saved $209.90 Included err---------- TOTAL 12 MONTH PREMIUM FOR ALL VEHICLES ................................. $ 1,597.20 You may pay your premium in full or in installments. There is no installment flee for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all ® other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: 52.00 per installment for recurring automatic deduction (EFT) $2.00 per installment for recurring credit card or debit card $5.00 per installment for all other payment methods YOU SAVED 5209.90 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: _ Account -CONTINUED - P 0 BOX 515097, LOS ANGELES, CA 90051 SA-1697/EP 9190 Page 2 of 3 DATE PREPARED: MAY 3 2012 G14 . Insurance,., NAMED INSURED: LAWRENCE R PAUL AND CAROLYN M PAUL 8295 TRAIL HOLLOW CT RENO NV 89523-4827 POLICY NUMBER: Y6980479 SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS AGENT: WILKINS 8 ASSOC INS SER INC 140 W HUFFAKER LN STE 508 RENO NV 89511-4012 RENEWAL POLICY PERIOD FROM: JULY 2 2012 TO: JULY 2 2013 at 12:01 A.M. standard time at the address of the insured as stated herein. AGENT TELEPHONE: (775) 827--3939 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: 92.00 per installment for recurring automatic deduction (EFT) 92.00 per installment for recurring credit card or debit card 95.00 per installment for all other payment methods r -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 SA-1897/EP 9/90 Page 1 of 3 DATE PREPARED. MAY 3 2012 G14 RATED DRIVERS LAWRENCE PAUL, CAROLYN PAUL 2001 FORD EXPLORER XLT 4 DOOR ID# 1FMZU73E41ZA63350 2000 VOLKSWAGEN NEW BEETLE GLS 2 DOOR ID# 3VWCC21CIYM461559 Insurance is afforded only for the coverages for which limits of liability or premium charges are indicated. 'v COMBINED SINGLE LIMIT: 'a BODILY INJURY B 9500,000 9 305.80 5500,000 $ 258.90 c0 PROPERTY DAMAGE Each Occurrence Each Occurrence 0% LIABILITY r- c� MEDICAL PAYMENTS 951000 27.80 $5,000 24.40 co c. UNINSURED MOTORISTS: %0 BODILY INJURY $100,000 61.10 9100,000 50.40 00 Each Person Each Person n 9100,000 9100,000 0 Each Accident Each Accident n eni COMPREHENSIVE Actual Cash Value 60.00 Actual Cash Value 57.40 Less 9100 Deductible Less 9100 Deductible M COLLISION Actual Cash Value 93.00 Actual Cash Value 102.10 o Less 9500 Deductible Less 9500 Deductible nj---------- ---------- TOTAL 9 547.70 TOTAL 9 493.20 0 You may pay your premium in full or in installments. There is no installment fee for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all other billing plans are listed below. If more than one policy is billed on the installment bill, only the highest fee is charged. The fee is: 92.00 per installment for recurring automatic deduction (EFT) 92.00 per installment for recurring credit card or debit card 95.00 per installment for all other payment methods r -CONTINUED- P 0 BOX 515097, LOS ANGELES, CA 90051 SA-1897/EP 9/90 Page 1 of 3 DATE PREPARED. MAY 3 2012 G14 INSURED: LAWRENCE PAUL 8295 TRAIL HOLLOW CT RENO NV 89523-4827 RESIDENCE PREMISES: 8295 TRAIL HOLLOW CT RENO NV 89523-4827 RETAINED LIMIT: $250 LIMIT OF LIABILITY: $1, 000, 000 AGENT: WILKINS & ASSOC INS SER INC 140 W HUFFAKER LN STE 508 RENO NV 89511-4012 (775) 827-3939 POLICY PERIOD FROM: APR. 8 2012 TO: APR. 8 2013 at 12:01 A.M. Standard time at the address of the insured as stated herein. SCHEDULE OF UNDERLYING INSURANCE: You, as defined in the policy contract, agree: 1) that insurance policies providing the coverages specified on the back of these declarations, if applicable, are in force and will be maintained in force as collectible insurance for at least the required minimum limits stated. 2) to insure all motor vehicles owned, leased by or used by you. 3) to insure all residence premises owned, leased by or leased to you. 4) to insure all recreational vehicles owned, leased by or used by you. 5) to insure all watercraft owned by you. Basic premium - includes one automobile and primary residence S 119.00 1 Additional automobile in the household 0 39.00 1 Additional residence occupied by the insured 0 6.00 3 Rental units $ 33.00 You may pay your premium in full or in for the following billing plans: Full other billing plans are listed below, installment bill, only the highest fee $2.00 per installment for recurring $2.00 per installment for recurring 55.00 per installment for all other TOTAL ANNUAL PREMIUM $ 197.00 installments. There is no installment fee Pay, Annual 2 -Pay. Installment fees for all If more than one policy is billed on the is charged. The fee is: automatic deduction (EFT) credit card or debit card payment methods CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received; 10124112 Dept./Contact Received From: Tania Date Completed: 12112112 Sent to: Tania By: Renee Company/Person required to have certificate: Lawrence Paul Type of contract: All Other I. GENERAL LIABILITY PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 12/21/11 to 12/21/12 _ A. INSURANCE COMPANY: Travelers Casualty fnsnrance Company of America _ B. AM BEST RATING (A-: VII or greater): A+; XV C. ADMITTED Company (Must be California Admitted): include "solely by negligence" wording? Is Company admitted in California? N 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 ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must EFFECTIVE/EXPIRATION DATE: 7/2/12 to 7/2/13 include): Is it included? (completed Operations status does INSURANCE COMPANY: Safeco Insurance Company of Illinois not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Is Company admitted in California? N Yes ❑ No Operations status does not apply to Waste Haulers) ❑ Yes N No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City UM, $2M min for Waste Haulers): What is limits provided? Policy its officers, officials, employees and volunteers): Is it LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) included? ❑ Yes N No 1, PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N 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 N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7/2/12 to 7/2/13 A. INSURANCE COMPANY: Safeco Insurance Company of Illinois B. AM BEST RATING (A-: VIl or greater) A; XV _ C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 $2,000,000 (LIMB UM, $2M min for Waste Haulers): What is limits provided? Policy 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 NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: No Employees signed exemption last year brought A. B. C. D. E. F. G. H. INSURANCE COMPANY: AM BEST RATING (A-: VII or greater): ADMITTED Company (Must be California Admitted): WORKERS' COMPENSATION LIMIT: Statutory EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) WAIVER OF SUBROGATION (To include): Is it included? SIGNED WORKERS' COMPENSATION EXEMPTION FORM: NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Products/Completed Op Approved: 17/12/12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.