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.