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HomeMy WebLinkAboutC-7286-1 - PSA for Dam Flood Inundation Study and Technical Report for Big Canyon Reservoir9 00 CJ PROFESSIONAL SERVICES AGREEMENT �- WITH EARTH CONSULTANTS INTERNATIONAL, INC. FOR ' DAM FLOOD INUNDATION STUDY AND TECHNICAL REPORT v FOR BIG CANYON RESERVOIR THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 20th day of December, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and EARTH CONSULTANTS INTERNATIONAL, INC., a California corporation ("Consultant'), whose address is 1642 E. Fourth Street, Santa Ana, California 92701, 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 conduct a dam breach and flood inundation study for the Big Canyon Reservoir and Dam ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. 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: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 1, 2019, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). 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. 3.2 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) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein 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. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by 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 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 Eighty Nine Thousand One Hundred Sixty Dollars and 00/100 ($89,160.00), 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) calendar 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 Earth Consultants International, Inc. Page 2 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 Eric Hendrix 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 City. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator 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 community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the Earth Consultants International, Inc. Page 3 requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 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. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 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, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any Earth Consultants International, Inc. Page 4 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 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 co -tenancy, 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. Earth Consultants International, Inc. Page 5 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts and applications (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. Additionally, all material posted in cyberspace 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, including all logins and password information 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. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. 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. Earth Consultants International, Inc. Page 6 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 20. 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. 21. 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 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. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. Earth Consultants International, Inc. Page 7 24. CONFLICTS OF INTEREST 24.1 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. 24.2 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. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Utilities Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Tania Gonzalez Earth Consultants International, Inc. 1642 E. Fourth Street Santa Ana, CA 92701 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set Earth Consultants International, Inc. Page 8 forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 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. 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 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. 28.3 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. 28.4 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. Earth Consultants International, Inc. Page 9 28.5 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. 28.6 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. 28.7 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. 28.8 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. 28.9 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. 28.10 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 race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 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] Earth Consultants International, Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S PFFICE Date: I R44/ By: Z4� Z Aaron C. Harp City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: k11,?41% By: C— Da iff City Manager ATTEST:11 q CONSULTANT: Earth Consultants Date: ki. I0 International, Inc., a California corporation S*WWk___ Date: Signed in Counterpart By: /I/��� By. Leilani I. Brown Eldon Gath City Clerk President Date: Signed in Counterpart Tania Gonzalez Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Earth Consultants International, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S PFFICE Date: I of Id0 CITY OF NEWPORT BEACH, a California municipal corporation By: _ By: Aaron C. Harp VA10"' si1 Dave Kiff City Attorney ATTEST: Date: M Leilani I. Brown City Clerk City Manager CONSULTANT: Earth Consultants International, Inc., a California corporation Date:w , 7iD i'Y By: Eldon Gath President Date: .J,c,x.:3- not �e By: Tania Gonzal Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Earth Consultants International, Inc. Page 11 EXHIBIT A SCOPE OF SERVICES Earth Consultants International, Inc. Page A-1 Earth Consultants International December 14, 2017 To: City Of Newport Beach Utilities Department 100 Civic Center Drive Newport Beach, CA 92660 Attention: Mr. Steffen Catron Utilities Manager Subject: Scope of Services to Perform A Dam Flood Inundation Study and Technical Report for Big Canyon Reservoir, City of Newport B e a c h INTRODUCTION At your request, we are pleased to present this scope of work and estimated cost to conduct a dam breach and flood inundation study for the Big Canyon Reservoir and Dam (the Dam) as required pursuant to Emergency Action Regulations posted October19, 2017 by the State Department of Water Resources (DWR) — Division of Safety of Dams (DSOD). These new regulations and California dam hazard classifications have been implemented as result of the public safety emergency related to spillway damage at the Oroville Dam in February 2017. As a result, the City of Newport Beach ("City") Big Canyon Reservoir and Dam (BCR), originally constructed in 1959, has been re-classified as a jurisdictional "Extremely High Hazard Dam" pursuant to the new regulations, owing primarily to the current population and development characteristics in the watershed downstream from BCR. BACKGROUND Pursuant to California SB 92, t he DWR-DSOD has created final Emergency Action regulations which describe new specific requirements related to the preparation of dam inundation maps and related technical reports, which were the most current regulation version available at the time of preparation of this proposal. These regulations ("the Regulations" as cited herein) are to be added to CCR Title 23 (Waters), Division 2 (Department of Water Resources), Chapter I (Dams and Reservoirs), Article 6 (Inundation Maps), are dated October 19, 2017, and may be found on the DWR-DSOD web site (www. water.ca.gov/damsafety) (State Water Code sections 6160 — 6162, inclusive). A companion requirement for safety studies of jurisdictional dam owners in California is the preparation of an Emergency Action Plan (EAP). The standards for this requirement are found within the Dam Inundation and Mapping Emergency Procedure Program (DIMEP) guidelines, and regulatory oversight and approval for all EAPs in California are the purview of the CalOES. However, ECI understands that the City has elected to prepare this EAP document internally, but will submit the deliverables of ECI as part of the City's EAP submittal. Because ECI previously completed a Natural Hazards Mitigation Plan for the City in 2014, which preliminarily addressed hydrologic framework and seismically induced inundation resulting from dam failure, the City has invited ECI to provide the services set forth herein. SCOPE OF WORK The California Code of Regulations (CCR) require that dam inundation mapping be prepared by, or under the direction of a civil engineer who is licensed and authenticated in the State of California, and whose area of expertise includes hydraulics and hydrology. The ECI team has the professional expertise to satisfy this requirement. This scope of work addresses the Big Canyon Reservoir and Dam (BCR) only, and does not address any potential for inundation from simultaneous failure of multiple dams (see Figure 1). As ECI is not aware of any other currently defined DSOD-jurisdictional dam within the same watershed as the BCR, this condition is assumed to not be an issue with respect to these proposed services. Unnamed ;N Gully N.aop nrt Rradr Big Canyon ResOrvolr' Buck Gully r Figure 1 _ Map showing Big Canyon Reservoir in relation to the San Joaquin Reservoir (upslope) and the Harbor View Flood Storage Dam (downslope), and various gullies downslope of Big Canyon Reservoir. Topographic mapping: USGS, 2017. Table 2: Characteristics of the Big Canyon Dam and Reservoir (ECI 2014). Department of WaterResources. No. _ _ j 1058-000 National ID CA00891 Owner: City of Newport Beach Year Comeleted: 1959 ....._............... Latitude; Longitude: _. 33.6121 °; -117.857° __._..._._._..'o.n_........._..._........._.............................. Crest Elevation: 308 feet Stream: Tributary of Big Canyon Creek Dam Type Earth -filled Y.Re:...._..........._._........._ ..............................I No wall 3,824 feet _-- ........ _........ _ ............................... fth: 20 feet aboard: 5.5 feet 65 feet 'olume:508,000 ........................... ...................... . . cubic yards apacity: .................................... 600 acre-feet .................................. A.........rea: ............................j 0.04 sq mi Area: 22 acres In the Natural Hazards Mitigation Plan for the City, ECI reported the inundation mapping information available at the time for the Big Canyon Reservoir. ECI understands that there are no previous or subsequent inundation study details available for review for the BCR. The Big Canyon Dam is currently a State jurisdictional dam pursuant to SB 92 and CCR Title 23, and as such, has been classified by the state as an Extremely High Hazard Potential Dam. According to the regulations, an "Extremely High Hazard Potential" Dam is a dam where' failure or mis-operation of the dam system will probably cause considerable loss of human life and would affect an inundation area with a population of 1,000 persons or more, or where critical infrastructurecouldbeimpacted". The Big Canyon Dam is an earth -filled, asphalt -lined structure that was constructed in 1959 to retain water for domestic and fire protection uses for the City (ECI 2014). To ECI's knowledge the dam structure does not include a spillway or any critical appurtenant structuresl. The dam is reportedly continuous, and does not include any saddle dams.2 The reservoir is covered with a polypropylene tarp in order to protect the water supply from debris. The reservoir does not have a spillway nor is it on a watercourse. Water enters the reservoir from pipes from a water treatment plant. 1 As defined in the Regulations, a "critical appurtenant structure" refers to a water surface barrier or hydraulic control structure that is 25 feet or more in height, that impounds 5,000 acre-feet of water or more, or other structure functionally related to the dam, such as an emergency spillway, saddle dam, or facilities that pose a significant downstream hazard potential, but excluding low level outlets and power system penstocks whose failure would not exceed the downstream channel capacity. 2 The United States Bureau of Reclamation (USBR) on its website glossary defines a saddle dam as: A subsidiary dam of any type constructed across a saddle or low point on the perimeter of a reservoir. The State Division of Dam Safety (DSOD) has requested that the City complete flood routing for potential catastrophic release of water from the Big Canyon Reservoir and Dam. This proposed scope of work has been developed with input from our discussions with DSOD engineers and the City, and is based on the Regulations and guidance documents developed by the Federal Emergency Management Agency (FEMA) (particularly, FEMA publication P-946, 2013, Dam Breach Inundation Guidance). ECI's scope of work and cost estimate was developed with the assumptions described below. The project has been broken down into five (5) components: • Data Collection, Background Technical& Regulatory Review • Dam Breach: Hydrologic and Hydraulic Modeling • Inundation Map and Technical Report Preparation • Meetings, Site Visits and Project Management, and • Responses to DSOD Review Data Collection, Background Review and Site Visit. Dam Breach Inundation Mapping Studies require significant data to perform the modeling, analysis and development of inundation maps. ECI will collect and review available reports, maps, aerial images, information and data relevant to the study. A site visit will be made by a member of the ECI project team to the dam and study area, including portions of the potential flood inundation area downstream from BCR, such as the Harbor View Nature Park and golf course of Big Canyon Country Club. Ideally, this visit will coincide with a project meeting with City representatives. Additional data and information will be collected from publicly available sources as needed. It is assume that the City can provide the following information for the BCR and watershed, in a digital map -based format, where appropriate: • Digital Elevation Model (DEM) suitable for flood routing analysis • Construction, geotechnical, design, and maintenance information • Locations of critical facilities, as defined in the Regulations. • Appropriate base map/imageryforthe preparation of inundation maps • Geometry and elevationsof the dam, reservoir and auxiliary equipment • Information on the design and capacity of the drainage channel that surrounds the reservoir, to assess whether the channel capacity is sufficient to prevent local design stormwater runoff from entering the reservoir. Additionally, it is assumed the City can also provide the following information: • Geometry and elevations of the dam, reservoir and auxiliary equipment. • Existing geotechnical data • Any reasonably available hydrologic studies, including water elevation monitoring, in the Upper Newport Bay estuary, to be used in hydraulic/floodwave modeling. Hydrologic, Dam Breach, and Hydraulic Modeling Dam Breach Modeling The dam breach modeling involves analyzing the possible failure scenarios of the dam that may result in an uncontrolled release of water, and using a model to simulate the breach and resulting discharge hydrograph. The dam breach modeling does not attempt to analyze the likelihood of scenarios occurring, but rather to evaluate scenarios to assist with planning. In terms of the dam breach scenarios to be examined, § 335.12 of the October 19, 2017 Regulations state: • (c) Modeling Assumptions: The map regulations permits a " storm -induced" dam breach for Which the failure scenario is a sudden or nearly -instantaneous loss of the dam system and full reservoir capacity, and utilizes parameters as described in the 2013 FEMA guidelines. • (A) When a storm -induced failure is modeled, storm inflow conditions should reflect realistic hydrologic and meteorological conditions in the watershed. • (B) A "sequential dam failure" analysis shall be required for an upstream dam system that causes the failure of one or more downstream dam systems, as described in the 2013 FEMA Guidelines. A sequential dam failure analysis shall assume sunny dad failure conditions for the upstream dam system and an overtopping mode of failure for one or more downstream dam systems impacted by the domino effect of routing the flood wave downstream. The responsibility for preparing the sequential analyses lies with the owner of the upstream dam system that is assumed to cause the sequential failures. ECI interprets the above law as requiring the following scope items: • A "hydrologic" (storm -induced) failure analysis is proposed, as it is part of best practice for dam breach assessments, and is recommended in FEMA (2013a). Our preliminary discussions indicate that the City prefers that such a failure scenario be included in our scope of work. • Although the Harbor View flood storage dam is located downslope of the Big Canyon Reservoir, ECI's scope of work does not include a sequential dam failure analysis, as the San Joaquin Reservoir is located upslope of the Big Canyon Reservoir, and the law indicates that the responsibility for preparing the sequential analysis lies with the owner of the upstream dam (Irvine Ranch Water District, Table 2-1). Details of this scenario are provided below. Hydrologic Failure: • The inflow design flood (IDF) is based on the dam's hazard classification and State regulations ECI was not able to locate specific State regulations on the required IDF. However, because the current "Extremely High Hazard Potential" classification for the BCR dam is the most stringent category in the Regulations, which FEMA defines as dams where' failure or mis- operation will probably cause loss of human life," ECI proposes to use a 270 -year return period flood as the IDF. This value is considered reasonable to account for potential increases due to global warming scenarios, and conditions recorded during the Oroville Dam event in February 2017. A summary of the proposed breach scenario is presented in Table 3-1. The impacts of a dam breach are assessed as incremental impacts. This means that the flood wave resulting from a dam breach is compared against the impact of the baseline conditions. Table 3: Event -based Dam Breach Scenarios. Scenario Scenarios Base flow Failure mode Initial Water Level ID 1 Baseline MAF3 n/a PMF2 2 Condition s or 270 -Year R.P 4 Flood- PMF q, 2 The more critical - Full Reservoirl,* 3 induced or of either - Flood Season (Hydrologic) 270 -Year R.P overtopping or Operating Conditions (if Failure 4 piping applicable) * notes: As required in the Regulations ^ As recommended in FEMA 2013a. N As recommended in FEMA 2013b. 1. As defined in the Regulations: "Full reservoir conditions" refers to the maximum water storage elevation authorized in the department's Certificate of Approval for the dam." 2. PMF: Probable Maximum Flood. 3. MAF: Mean Annual Flow 4. The 250 -year return period (R.P.) rainfall has been requested by the City. ECI has allocated resources to complete the scope of work assuming a dam breach at a single location only. The breach location will be selected to generate the worst-case scenario (largest breach peak discharge; i.e. the highest point along the dam). Hydrologic Modeling Hydrological modeling is necessary to determine the runoff entering the reservoir as part of the flood-induced/hydrological failure scenario, and to determine the downstream flows to correctly determine the incremental consequences resulting from a dam failure. The Regulations are generally silent on the methodology and requirements for the hydrologic analysis. FEMA (2013a) provides some guidance as follows: • Use existing hydrology study information, unless a revision is warranted • For precipitation -runoff analysis, the minimum storm -event duration should be 24 hours, unless site-specific data indicates otherwise. ECI proposes to generate a simplified precipitation -runoff model assuming overland runoff only (i.e. no consideration will be given to storm sewer routing). The modeling will be performed using the most current version of the HEC -HMS hydrological model developed by Hydrologic Engineering Center of the U.S. Army Corps of Engineers. ECI has not included a scope item for independently assessing water elevations in the Newport Bay estuary; we assume that suitable values are available from the City, or other public resources. ECI proposes to generate a rainfall -runoff model to determine the amount of stormwater runoff generated upstream of the reservoir. We will assume that the rainfall return period corresponds to the equivalent return period for the IDF (e.g. the 270 -year rainfall corresponds to the 270 -year flood). The reservoir appears to have a concrete channel to route incoming stormwater runoff around the reservoir into the downstream channel. The capacity of the channel will be assessed to determine: i) whether the channel has sufficient capacity to route the stormwater runoff during the rainfall event, and ii) if the channel does not have sufficient capacity, the volume of stormwater runoff entering the reservoir will be due to direct rainfall onto the reservoir surface. The modeling will be performed using the most current version of the HEC -HMS hydrological model developed by Hydrologic Engineering Center within the U.S. Army Corps of Engineers. ECI has not included a scope item for assessing water elevations in the Upper Newport Bay estuary or the Pacific Ocean. Dam Breach Modeling The dam breach modeling will involve calculating the hydrograph resulting from the failure of the dam. Based on the results of the hydrological modelling, the breach mechanism for the failure of the reservoir embankment will be determined (e.g. overtopping or piping/internal erosion). For this study, ECI will use a parameter -based breach modelling approach using empirical equations to determine the breach geometry (breach width, side -slopes) and the time -to -failure as described in FEMA (2013a). The different parametric equations defined in FEMA (2013a) will be used to calculate the range of breach parameters from which the breach parameters will be selected based on professional judgement. Hydraulic (Floodwave Routing) Analysis Floodwave routing involves using a hydraulic model to route the breach hydrographs downstream of the dam. ECI will develop the hydraulic model to address the following two items from §335.12 (c) of the Regulations: • (C) Each model simulation of a failure scenario shall continue until after the breach inundation flood wave has attenuated to less than one (1) foot above the elevation that existed before the flood -inducing event. • (D) The geographic extent of the modeled inundation area shall extend to or beyond the point at which the flood wave enters an existing watercourse and does not increase the flood wave elevation by more than one (1) foot above the existing flood wave elevation, or cause additional downstream impacts. ECI proposes to assume a constant water elevation for the maximum reasonable downstream boundary (Upper Newport Bay estuary). The volume of water entering the estuary is not likely to have a significant impact on the water elevation. Detailed tidal models or dynamic simultaneous routing are considered unnecessary for the subject watershed condition, and thus, will not be performed. However, one additional model run will be made for the sunny -day analysis, in order to characterize the model's response to a change in surface roughness. The ECI team has experience performing dam breach and floodwave routing with several commercial hydraulic modeling packages, including HEC -RAS, FLO-2D and Telemac2D, all of which are industry -standard products. For this project, we recommend the use of FLO-2D Pro©, a two-dimensional hydrodynamic model. FLO-21) is a FEMA -approved flood routing model package that meets the software requirements outlined in the Regulations. This application has been developed for integrated dam breach and flood wave propagation modeling, with efficient data processing modules. Sensitivity Analysis ECI will select a suitable grid resolution for the study area and run a test to verify that the results are grid -insensitive (e.g. size of the grid cells does not have an impact on the model results for the scale of the study). Appropriate Manning's "n" (roughness) coefficients will be selected based on the land cover if no values are available from other hydraulic studies. No calibration of the floodwave model will be performed in this study. Calibration of hydraulic models can be useful in defining the Manning's n roughness coefficients, however, dam- breach floods are typically orders of magnitude greater than observed "natural" flows, which limits the value of calibration. The sensitivity analysis on the selected dam breach parameters and the parameters used in the hydraulic model (e.g. Manning's "n", channel roughness) will be used to elucidate the impacts on the breach hydrograph and the flood inundation. Inundation Mapping, Reporting and Digital Content Delivery Inundation maps will be prepared for the storm -induced failure scenario described above Two (2) separate map sets will be prepared to separately illustrate flood wave arrival time and deflood time. All inundation maps will also include a maximum flood wave depth grid. The Regulations provide the following definitions: "Flood soave arrival rime" refers to the elapsed time from the initiation of the failure scenario until the arrival of the leading edge of the flood wave comprising a one (1) foot rise above the ground elevation or water surface elevation before the failure scenario. "De flood time" refers to the time elapsed from the flood wave arrival time until water at the measured location recedes to within one foot of its pre -flood water elevation. The maps will be prepared as pdf documents that are landscape oriented, 11x17 inch in size, with a minimum resolution of 300 dots per inch. The maps will be provided in electronic format only. ECI has assumed that a minimum map scale of 1:6000 will be appropriate for the study area given the existing land use conditions. The inundation maps will include required information defined in § 335.14 of the Regulations. Technical Study Report A technical study report will be prepared which documents the methodologies and assumptions used to generate the flood inundation maps. The report will include the information requirements identified in § 335.12 of the Regulations. ECI will include the following specific information in the report: General Information: • The name of dam, department dam number, National ID Number, and name or description of any critical appurtenant structures • The location of the dam and any critical appurtenant structures, including the county or counties in which the dam is located • Name and location of cities, towns, counties, and any populated area that could be affected by failure scenarios. • A brief narrative summary of the hydrologic, orographic, meteorological and topographical data affecting the dam site, downstream areas, flood routing, and other relevant information relied upon in the study. • A description of the identifying and engineering character of the dam and any critical appurtenances, including the type of construction (e.g., earth, rock, or concrete) and type of gate and control structure. • Table depicting elevation of the crest of the dam and all critical appurtenant structures; reservoir volume and surface area at the crest of the dam and all critical appurtenant structures; water storage elevation, volume and surface area at full reservoir conditions; reservoir pool elevation, volume and surface area at the flood surcharge level; elevation of the upstream and downstream toes of the dam and, if applicable, elevations of all critical appurtenant structures; height of the dam measured from the dam crest to the downstream toe. Analytical Content: • Brief narratives discussing: The modeling methodology, the reasons for its use, and the name, version, release date and author of the modeling software; All assumptions, failure parameters, calibration and sensitivity analyses of the model, including the model's response to changes made to the roughness or other friction coefficients; Any modifications made to stabilize the model or accelerate its computational runtime, and the effects such modifications have on the modeled inundation results; Known limitations of the modeling method utilized; the type of terrain data used (e.g. LiDAR, digital elevation model), including any modifications made to the terrain; and, description of the computational mesh that explains the size of the grid cell elements, any variation or adjustment in the cell size within the modeled area, and the reason for that variation. • Graphs depicting a flood hydrograph3 at the dam site, and at ten evenly spaced downstream locations (cross-sections); flood hydrograph3 at each critical facility4 ; reservoir storage capacity curve (including elevation, surface area, and volume); and, spillway rating curve (including stage and discharge). • Map(s) depicting: location of the modeled watercourse(s); location of the dam and related critical appurtenant structures and all barriers that impound water; the extent of the reservoir, including surcharge storage for the storm -induced failure scenario; and, flood hydrograph (section) locations. • Tables or graphs depicting modeled boundary conditions5; Manning's roughness values or other friction coefficients used from at least ten representative section locations in the inundation area, and at each critical facility; calibration data used. • Inflow hydrograph(s) and methodology for their development 3 Hydrographs will plot discharge and flood wave elevation as a function of time, and identify the time to peak flow, de -flood time, maximum flood wave elevation, and maximum flood depth. 4 The Regulations define critical facilities as: "important infrastructure and lifeline facilities such as schools, hospitals, skilled nursing facilities, major roads, and other facilities for which evacuation plans may be required, as described in Section 8589.5 of the Government Code." 5 Including flow hydrographs, stage hydrographs, normal depths, rating curves, precipitation, and any other significant model inputs Digital Content ECI will include an electronic appendix to the Technical Study Report that includes the required items identified in § 335.12(12) the Regulations. ECI proposes to include the following information as an electronic appendix to the Technical Study Report: 1. The complete suite of hydrologic and hydraulic model input files in their native file format. 2. Supporting time -series or other boundary condition and calibration data, submitted in spreadsheet format (e.g., XLS extension) or comma -separated values format (CVS extension). 3. The complete suite of hydrologic and hydraulic model output files. These will be provided in the native file format unless otherwise requested. 4. Geospatial model results, including geo-referenced vector files of the inundation area boundary; and raster files containing values for the maximum depth of the flood wave, peak flow, the time to one -foot depth, the flood wave arrival time, and the de- flood time. ECI proposes to provide the geospatial model results in file formats compatible with ArcMap© 10.3 software. ECI assumes that the DWR does not require the submittal of the digital files of the terrain and alignment of levees, major roads, railroad embankments, etc. used to modify the underlying terrain files. Versions ECI has assumed that two versions of the deliverables will be provided. A draft version of the inundation maps and technical study report will be provided for review and comment by the City. Following receipt of review comments, all deliverables will be finalized and issued to for distribution to DSOD and eventual submittal with City's EAP. Agency Reviews and Response ECI has assumed that two versions (draft and final) of our Inundation Maps will be provided to the City and the State reviewing agency (DSOD). Following receipt of review comments, all deliverables will be modified if requested, finalized and issued to the City for final distribution. Estimating State agency review comments and requests has obvious uncertainties. ECI has proposed our work scope and budget herein in accordance with our team's experience with comparative State agency review requirements from other projects. The actual work effort necessary to properly address State reviews mightvary. Possible Out of Scope Items • ECI has not allocated resources to assess life -loss or economic loss resulting from a dam breach. ECI can prepare a proposal to perform this work if requested. • Modeling of potential sequential failure of the BCR together with other dams is excluded, because ECI is not aware of other such dams existing downstream SCHEDULE ECI can begin work immediately on our hydrologic (precipitation -runoff) modeling upon completion of a contract and receiving written authorization to proceed. The selection and downloading of City DEMs and related data files for dam breach and hydraulic floodwave modeling is proposed as the first step, as soon as possible. Sometime during the first two weeks of the project, at the City' convenience, we propose to also conduct an initial meeting with the City, and an in-person site visit of BCR with City representatives at that time. ECI assumes that this meeting can occur no later than the final week of January 2018. Completion of the modeling effort is anticipated by the week of March 19, 2018. We plan to submit draft inundation maps and technical report by April 15, 2018. Submittal of final maps, technical report and digital content can occur 2 weeks after comments on the draft versions have been received from the City. ECI proposes a second meeting with City staff at the time of submittal and/or review of the draft maps and report. Earth Consultants 'JAM h" Internationa INTENDED AND POTENTIAL SUBCONTRACTORS to Earth Consultants International BIG CANYON RESERVOIR INUNDATION STUDY BGC Engineering, Inc. 710 Tenth Street, Suite 170 Golden, Colorado 50401 www.becengineering.ca The Sutton Group John R. Sutton, PE/GE, D.GE, M.ASCE 370 Park Street, Suite 13 Moraga, California 94556 EXHIBIT B SCHEDULE OF BILLING RATES Earth Consultants International, Inc. Page B-1 �! Earth —Consultants International PROFESSIONAL STAFF FEES (per hour) Professional Fee Schedule SeniorConsultant................................................................................................... $ 225 to 350 Project Consultant.................................................................................................. $ 175 to 220 Staff Consultant...................................................................................................... $ 130 to 170 Field/Office Assistant.............................................................................................. $ 100 to 125 Expert witness testimony and deposition time will be charged at $450/hour, with a minimum charge of four hours. REIMBURSABLE EXPENSES VehicleUsage........................................................................................................... $0.75/mile Plotter -generated maps............................................................................................... $25/sheet Drone, 3-D Modeling, and GIS software usage............................................................ $25/hour • Heavy equipment, subcontractor fees and expenses, travel, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%. • Field equipment (total station, GPS instruments, lap top computers, digital cameras, water level, etc.) may be expensed against the project at normal depreciation rates. • Consumablefieldsupplieswillbeinvoiced aspurchased. PROPOSAL ACCEPTANCE PERIOD Proposals are valid for 60 days unless otherwise stated. OVERTIME Overtime for all field personnel will be charged at 1.25 times the basic rate, only if the overtime is pre -approved by City's Project Administrator and is required by the City. Overtime is defined as the excess of 8 hours per day or 40 hours per week. DISCLOSURE City agrees to provide all information in City's possession pertinent to actual or possible presence of hazardous chemicals on site, and agrees to reimburse ECI for all costs associated with the unanticipated discovery of such substances. City also agrees to disclose all potential security concerns associated with the work place. If security protection of either personnel or equipment is required, it shall be obtained and either reimbursed, or paid for directly, by City. At no time shall ECI field personnel be required to enter into a situation that they consider dangerous. 1642 E. 4m Street • Santa Ana • California • 92701 • USA TEL (714) 544-5321 -FAX (714) 494-4930 • www.earthconsultants.com r, M N O O 0000000 y O a = IO 0 y q • y 6 Y • C q � IY• a OYO T A c L a x A r 0 O -aitn L o • •�y, j of O ry M M 0 0 C O p' QYC. •.• (f I^ N M h M •u w .� n o � ivy, if�•�.] •y �•• 0 io 0 w 0 0 0 e 0 0 a :O m N r I-2• I� � i 3 d O.O Z N 6.Q F O N O t(f N r N b Y, O Q• W •G•d' VI p I� N N of e- N W M } Til Z baa x Oeit:: 000000•oo O 7,'g OV z•• a o 0 �•w• a N O 00 O 0.00 CL O O N n b M Ne z r O.�+, dzol V,v Z'?( N O u n•O o i m � a k. Q S W, y 00 0 0 00 0 0• O ,', • ' Q N M Ll O V V M Q m Z •Y.'w �,Z 7 Ou p V, 0 0 0 0 0 �O N m.o am C _N Q :H W W iJ N iO d VI d VI V^q1 N O O O y O a = y q • y 6 Y • C q � IY• a OYO T A c L a x A r 0 O -aitn L o •. Uc dY� C C O p' QYC. •.• (f WO NC 6 G d = d N 2 3 •u w .� n o � ivy, EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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. 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. 3. Coverage Requirements. A. 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. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. 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, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. 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 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. Earth Consultants International, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) 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. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees 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. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. 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. Earth Consultants International, Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. 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. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. 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 Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. 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. Earth Consultants International, Inc. Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach.'` Date Received: 1/4/18 Dept./Contact Received From: Joan Date Completed: 2/2/18 Sent to: Joan By: Alicia Company/Person required to have certificate: Earth Consultants International Inc. Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 3/15/17-3/15/18 A. INSURANCE COMPANY: Underwriters at Lloyds of London B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $1 M or greater): What is limit provided? 2M/5M E. ADDITIONAL INSURED ENDORSEMENT — please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does F. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ❑ Yes ❑ No G. COMPLETED OPERATIONS ENDORSEMENT (completed E Yes ❑ No H. Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E 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 E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 3/15/17-3/15/18 (Endorsement to GL) A. INSURANCE COMPANY: Underwriters at Lloyds of London B. AM BEST RATING (A-: VII or greater) Not Rated C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes N No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1M 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 N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A E Yes ❑ No H. NOTICE OF CANCELLATION: 0 N/A N Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/1/18-1/1/19 A. INSURANCE COMPANY: State Compensation Insurance Fund B. AM BEST RATING (A-: VII or greater): N/A C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY EFF: 3/15/17-3/15/18 CARRIER: Underwriters at Lloyds of London RATING: Not Rated NON -ADMITTED LIMIT: 2M/5M ®N/A []Yes ❑ No V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Agent of Alliant Insurance Services Broker of record for the City of Newport Beach L.U'alltl Date ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No 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: Risk Management approval needed due to GL Auto liability and Professional liability carrier being non -admitted (Underwriters at Llovds of London for all three Same policy) Sheri Approved 1/5/18 1/22/18 Risk Management approved waiving "Owned Auto" requirement due to no vehicle ownership by vendor. Approved: Risk Management Date * Subject to the terms of the contract. lla R ® CERTIFICATE OF LIABILITY INSURANCE L..� DATE tmM 12/28/22017017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Associates Insurance 1594 N. Batavia Street Orange, CA 92867 CONTACT NAME: PHONE at,. (714)529-4999 q Not (714)524-4940 E-MAIL SS: INSURERS AFFORDING COVERAGE NAICA INSURERA:State Compensation Ins Fund INSURED Earth Consultants International, Inc. 1642 E. 4th Street Santa Ana, CA 92701 INSURER B: _ INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE POLICY NUMBER POLICYEFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES flEa occurrence S COMMERCIAL GENERAL LIABILITY MED EXP (My we person) $ CLAIMS -MADE F1 OCCUR PERSONAL B AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ POLICY PRO LOC S AUTOMOBILE LIABILITY NGLLIMIT Eaec d BODILY INJURY (Par person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident)S NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccitlenl $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ 1 1 S 1 1 A WORKERS COMPENSATION AND EMPLOYER$' LIABILITY Y/NER MY PROPRIETORIPARTNERIEXECUTIVE [K]NIA OFRCERIMEMBER EXCLUDED? (Mandatory In NH) y 9122155-2017 1/1/2017 /1/2013 X WC STATU- OTH- E.L. EACH ACCIDENT $ 1.000,000 E.LOISEASE-EA EMPLOYE $ Included �E SsGIRIPTION OF OrPERATIONS below E.L. DISEASE -POLICY LIMB I S Included DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Operations usual to the named insured. Blanket waiver of subrogation applies to the City of Newport Beach, its City Council, boards and Commissions, officers, agents, volunteers and employees where required by written contract as respects workers compensation per endorsement 2572. City of Newport Beach Attn: Utilities Manager Municipal Operations Department 100 Civic Center Dr. P. O. Box 1768 Newport Beach, CA 92658 ACORD 25 (201 INS026 piHoos}m The ACORD name and logo are SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2010 ACORD CORPORATION. All rights reserved. marks of ACORD HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT BROKER COPY WAIVER OF SUBROGATION BLANKET BASIS 9122155-17 RENEWAL SP EFFECTIVE JANUARY 1, 2017 AT 12,01 A.M. PAGE 1 OF 1 AND EXPIRING JANUARY 1, 2018 AT 12.01 A.M. EARTH CONSULTANTS INTERNATIONAL 1642 E 4TH ST SANTA ANA, CA 92701 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION SOB DESCRIPTION ANY PERSON OR ORGANIZATION BLANKET WAIVER OF FOR WHOM THE NAMED INSURED SUBROGATION HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SSAANNFRFRANCISCO: JANUARY 5, 20117 Af eZ AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) 2572 OLD OF 217 R CERTIFICATE OF LIABILITY INSURANCE 1%...�� 1 DATE (MM 0 12 /28 /2201177 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTACT NAME: Commercial Associates Insurance PHONE (714)524-4949 fNC Not. (719)529-4940 1594 N. Batavia Street E-MAIL Orange, CA 92867 INSURERS AFFORDING COVERAGE NAIL# INSURERA:State Compensation Ins Fund INSURED INSURER e: Earth Consultants International, Inc. _ INSURER C: 1642 E. 4th St. INSURER D: Santa Ana, CA 92701 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OFINSURANCE AUDL SUER POLICY NUMBER POLICYEFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occtura c $ COMMERCIAL GENERAL LIABILITY MED EXP (Arry one erson) $ CLAIMS -MADE ElOCCUR PERSONAL a ADV INJURY $ GENERAL AGGREGATE It GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $ POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ecciden BODILY INJURY (Per person) $ ANY AUTO MED U LED ALL AUTOSAUTOS BODILY INJURY (Per accident)$ NONAWNEO HIRED AUTOS AUTOS PROPERTY DAMAGE $ Peracck,N S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEREXECUTNE FFtCER`NEMBE EXCLUDED? (Mandatory 1 If yes, describe under NIA YX 9122155-18 /1/2018 1/1/2019 VJC STATU- OTH. ITS FIR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ Included E. L. DISEASE -POLICY LIMIT $ Included DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD ID1, Additional Remarks Schedule, if more space la required) Re: Operations usual to the named insured. Blanket waiver of subrogation applies to the City of Newport Beach, its City Council, boards and commissions, officers, agents, volunteers and employees where required by written contract as respects workers compensation per endorsement 2572 to follow upon issuance from carrier. City of Newport Beach Attn: Utilities Manager Municipal Operations Department 100 Civic Center Dr. P. O. Box 1768 Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2010105) ©1988-2010 ACORD INS025 (2oloos).DI The ACORD name and logo are re stered marks of ACORD ACCWH CERTIFICATE OF LIABILITY INSURANCE `� DATE(MM/DD/YYYY) 12/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Van Oppen CO. 2, IDC. VOCO 2 Insurance &Risk Control Services NAME: CONTACT Brenda Todd PHONE FAX Boo-74s-ooaa IAJC. No ADGRE SCNIce vano enco2.com P.O. Box 793 Teton Village WY 83025 INSURERS AFFORDING COVERAGE NAICN INSURER A: Underwriters 0 Lloyd of London 3/152017 INSURED EARTHA Earth Consultants International, Inc. INSURER B 1642 E. Fourth Street INSURER C: INSURER D: Santa Ana CA 92701 INSURER E: INSURER F, MED EXP (My one parson) $10,000 COVERAGES CERTIFICATE NUMBER: 1500222474 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AODL UBR POLICY NUMBER POLICY EFF MMIDDPIYYY) POLICY EXP (MMIDDfYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y V PGIARK0599801 3/152017 3/152018 EACH OCCURRENCE $2,00.000 CLAIMS -MADE I OCCUR DAMA ET RENTED PREMIE$ (Ea occurrence)$100,000 MED EXP (My one parson) $10,000 X CPL(Pollution) PERSONAL &ADV INJURY $2,0D0,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 X POLICY 0 PRO- JECT El LOC PRODUCTS - COMP/OP AGO $5,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y PGIARK0599801 3/152017 3/152018 COMBINED SINGLE LIMIT $i 000000 BODILY INJURY (Per person) $ ANY AUTO I AOSCHEDULED AUUTOSS AUTOS ( accident) BODILY INJURY Per accid$ XI HIREDAUTOS X AUTOS (PROPERTY DAMAGE $ (Per UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEC) I I RETENTION$ 1 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS' LIABILITY YIN BTATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability 'Claim Made' PGIARK0599801 3/152017 3152018 Each Claim 2,000,000 Aggregate 5,000,000 Subject to GL Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The City of Newport Beach, its City Council, boards and commission, officers, agents, volunteers and employees are included as additional insured on the general liability as required by written contract. Coverage shall be primary and non-contributory and waiver of subrogation applies as per written contract. City of Newport Beach Municipal Operations Department Attn: Utilities Manager PO box 1768 Newport Beach CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Schedule of Forms Named Insured Earth Consultants International, Inc. Policv No: PGIARK05998-01 Certain Underwriter's at Lloyd's, London - 1328 Form Name Form Edition No Declaration Page PGI EL 001 0216 Schedule of Forms PGI EL 041 0210 Schedule of Participating Underwriters Lloyd's UW 015 Commercial General Liability Coverage Form CG00011207 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or CG20100704 Organization PGI EL 020 0210 Additional Insured - Owners, Lessees, or Contractors - Completed Operations CG20370704 Employment - Related Practices Exclusion CG21470798 Exclusion - Exterior Insulation and Finish Systems CG21861204 Waiver of Transfer of Rights of Recovery Against Others To Us CG24041093 Exclusion -Testing or Consulting E & O CG22330798 Contractor's Pollution Liability Coverage Form — Occurrence PGI EL 004 0210 Professional Liability Coverage Form - Claims Made PGI EL 005 0210 Several Liability Notice LSW 1001 A Lloyd's Privacy Policy Statement LSW1135b Cancellation Clause NMA1331 Service of Suit Clause (USA) NMA1998 War and Terrorism Exclusion NMA2918 War & Civil War Exclusion Clause NMA464 Nuclear Incident Exclusion Clause NMA1256 Radioactive Contamination Exclusion Clause -Liability -Direct (U.S.A.) NMA1477 Common Policy Conditions PGI EL 036 0210 U.S. Terrorism Risk Insurance Act of 2002 as Amended - Not Purchased LMA5219 Clause Mold, Mildew and Fungus Deductible PGI EL 009 0210 Additional Insured Endorsement PGI EL 018 0210 Sanction Limitation and Exclusion Clause LMA3100 Primary and Non -Contributory Wording Endorsement PGI EL 020 0210 Waiver of Subrogation Endorsement PGI EL 019 0210 Hired & Non -Owned Auto Liability Endorsement PGI EL 022 0210 Site Pollution Liability Coverage Form PGI EL 026 0210 Designation of Surplus Lines Agent PGI PL 002 Reliance Upon Other Carrier's Application PGI EL 042 1010 TCPA Exclusion PGI PL 074 1212 Non -Owned Disposal Site Liability Coverage Endorsement (Blanket) PGI EL 055 0915 Exclusion - All Work Performed in the State of New York PGI EL 057 0915 Deductible Liabitity Insurance CG03000196 re7ltZIIK@Fil i[i Policy Number: PGIARK05998-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy number: PGIARK05998-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury' or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 POLICY NUMBER: PGIARK05998-01 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement). The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or'your work' done under a contract with that person or organization and included in the "products -completed operations hazard", This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Insurance Services Office, Inc., 1992 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement changes the Policy. Please read it carefully. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of the premium charged, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. PGI EL 020 0210 Page 1 of 1 POLICY: PGIARK05998-01 WAIVER OF SUBROGATION ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE 610 1 1 01 9 1: Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. PGI EL 019 0210 Page 1 of 1 POLICY NUMBER: PGIARK05998-01 ADDITIONAL INSURED ENDORSEMENT This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's liability arising out of COVERED OPERATIONS performed for that insured. PGI EL 018 0210 Page 1 of 1