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HomeMy WebLinkAboutC-4513 - PSA for 2009-2010 Beach MonitoringPROFESSIONAL SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION FOR 2009 -2010 BEACH MONITORING PROGRAM THIS AGREEMENT is made and entered into as of this i3 day of W rA 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and COASTAL FRONTIERS CORPORATION, a California Corporation whose address is 9420 Topanga Canyon Boulevard, Suite 101, Chatsworth, California, 91311 ( "Consultant'), 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 has an on -going program to monitor the beach width profiles on the oceanfront for the safety of the residential homes on the Balboa Peninsula and in West Newport. The information is used to develop plans and specification in concert with the Army Corps of Engineers in doing sand replenishment projects, when necessary. C. City desires to engage Consultant to retain the services of an engineering consultant to perform the annual monitoring of several beach profile transects as a part of an effort to understand how the sand moves onshore and along shore so that good management decisions can be made for future sand replenishment projects in Newport Beach ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Greg Hearon. P.E. F. 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: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 3151 day of December, 2010, 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. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Seven Thousand, Nine Hundred Eighty -Four Dollars and no /100 ($7,984.00) 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. 4.1 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 2 reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 GREG HEARON 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. MIKE SINACORI shall be the Project Administrator and shall have the authority to act 3 for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. 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. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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. M 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to 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. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance 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. 5 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's �y employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 7 iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional 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. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING City and Consultant agree that subconsultants may be used to complete the work outlined in the Scope of Services. The subconsultants authorized by City to perform work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any work 8 performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. 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 authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the work 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 his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 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 paragraph 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. 24. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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. 10 25. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Mike Sinacori Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3342 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Greg Hearon, P.E. Coastal Frontiers Corporation 9420 Topanga Canyon Blvd., Suite 101 Chatsworth, CA 91311 -5759 Phone: 818 - 341 -8133 Fax: 818 - 341 -4498 26. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 11 27. 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. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30. 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. 31. 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. 32. 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. 33. 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. 12 34. 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. 35. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY TT RNEY: By/N4ett . B au6h' mp, ta City At ney CITY OF NEWPOR BEACH, A Municipal C Ken O'Badum, lic Works Director ATTEST: COASTAL FRONTIERS CORP: By: Leilani I. Brown, �,ti�vPoR� U S eRc Cq�IFoaN�P Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Y Craig B. Leidersdorf, By: City Clerk 13 Pre ' e By: Pe E. Gadd, Secretary COASTAL FRONTIERS PROPOSAL TO CONDUCT SPRING 2010 BEACH MONITORING PROGRAM FOR THE CITY OF NEWPORT BEACH January 5, 2010 1.0 INTRODUCTION Coastal Frontiers Corporation is pleased to submit this proposal to provide beach profile surveying for the City of Newport Beach. Coastal Frontiers has conducted beach profile surveys along the Newport shoreline on multiple occasions during the past two decades as recently as 2002 on behalf of the U.S. Army Corps of Engineers (USACOE) and the County of Orange. Most recently, Coastal Frontiers performed six semi - annual beach profile surveys between October 2006 and May 2009. The general objective of the proposed survey program is to document changes in the condition of the shorezone, thereby providing a basis for evaluating the impacts of natural events and human intervention. The program results will provide planners and engineers with the data needed to make informed decisions for coastal preservation and enhancement. 2.0 SCOPE OF WORK Coastal Frontiers Corporation proposes to conduct a survey program in Spring 2010, during which the primary objective will be to acquire beach profile data along 5 shore - perpendicular beach profile transects (OC -27, OC -28, OC -29, OC -30, and CDM -1) located between Balboa Pier and Corona del Mar. Beach profile data were obtained at each of these sites on a semi - annual basis between October 2006 and May 2009. The work will be conducted in concert with a similar survey conducted in Orange County by the USACOE. The work described will consist of the two primary tasks described below: • Task 1 — Spring 2010 Field Survey Activities • Task 2 — Spring 2010 Data Reduction and Reporting Task I - Sprinn. 2010 Field SurveyAclivities Beach profile data will be obtained along 5 shore - perpendicular beach profile transects located between Balboa Pier and Corona del Mar. The proposed survey methods are similar to those employed on the previous survey programs conducted in Orange County, and currently conducted in San Diego County on behalf of SANDAL. The data acquired along each transect will form a continuous profile from the transect control point to the offshore terminus of the transect. The survey control points are Coastal Frontiers Corporation 9420 Topanga Canyon Blvd, Suite 101 Chatsworth, CA 91311-S759 (818) 341 -8133 Far (818) 341 -4498 located at the back beach. The offshore terminus will be the 45 -ft isobath, Mean Lower Low Water (MLLW) Datum. Bathymetric data will be collected with a digital acoustic echo sounder operated from a sballow -draft inflatable survey vessel. A dynamic motion compensator, which filters the data record to reduce the influence of wave contamination and vessel motion, will be used. The boat will transit each transect from the offshore terminus to the surf zone. The position of each sounding will be obtained with a GPS receiver, which utilizes a network of navigational satellites maintained by the U.S. Government. To improve the accuracy of each fix, differential position corrections transmitted in real time from U.S. Coast Guard beacons will be utilized. The calibration of the fathometer will be checked at the beginning and end of the survey, and at periodic intervals during the survey using a "bar check" procedure. The beach and surf zone will be surveyed using a total station and a survey rodman. The total station will be operated from the beach to determine the position and elevation of the beach at each location occupied by the rodman. The rodman will gather data throughout the surf zone to the calmer waters offshore to obtain data overlap with the survey vessel. Task 2 — Sprine 2010 Data Reduction and Reporting The soundings will be adjusted to MLLW datum utilizing tide measurements collected by the U.S. Department of Commerce, NOAA, at Los Angeles Harbor. The water levels recorded in Los Angeles will be adjusted to Balboa Pier using the time and height differences published by NOAA. Data collected with the total station will be reduced with proprietary survey software. The processed soundings will be merged with the wading data, and the resulting information will be used to create a continuous beach profile. 3.0 DELIVERABLES The survey activities and results will be provided in a brief letter report following completion of the survey. Additional data collected on behalf of the USACOE also will be included. Both survey programs are expected to be performed in conjunction with one another, using identical methods. in consequence, the results are directly comparable. The survey data will be submitted in both tabular and graphical form for each surveyed profile. Tabular data will be provided in digital form only. The graphical plots will include selected historical data, where available. Digital files containing range and elevation for each transect as well as northing, easting, and elevation triplets for the entire survey will be provided along with beach profile plots. 2 4.0 COST Coastal Frontiers Corporation proposes to conduct the above Scope of Work on a time - and - materials basis, with a not -to- exceed cost of $7,984. It should be noted that this proposal assumes cost - sharing with the aforementioned USACOE Orange County Survey Program. A detailed cost estimate is provided in Attachment A. 5.0 SCHEDULE It is assumed that the Spring survey will be conducted in May. It should be noted that field operations must be limited to periods of favorable weather conditions, including light winds and waves less than three feet. The final letter report will be delivered to the City approximately 60 days after completing the survey. COST ESTIMATE Spring 2010 Beach Monitoring Program for the City of Newport Beach Task 1. Field Survey Operations DIRECT LABOR Senior Engineer Engineer 11 (2) Technician (2) January 5, 2010 2 hrs @ $130.00 $260 16 hrs@ $118.00 $1,888 16 hrs@ $81.00 $1,296 Equipment Total $1,015 Total Estimated Cost for Task 1 Task 2. Data Reduction and Reporting DIRECTLABOR Principal Engineer 1 hrs @ $164.00 $164 Senior Engineer 8 hrs@ $130.00 $1,040 Engineer 11 24 hrs @ $118.00 $2.832 Labor Total $2,832 $5,152 Total Estimated Cost for Task 2 $2,832 TOTAL ESTIMATED COST FOR SPRING 2010 SURVEY $7,984 5 Labor Total $3,444 OTHER DI RECT COSTS Expendables 1 Vs @ $50.00 $50 CTD Rental 1 Vs @ $80.00 $80 Per Diem 4 m/d @ $75.00 $300 Auto Mileage 400 mi@ $0.500 _ 200 Subtotal $630 10%G &A $63 ODC Total $693 IN -HOUSE EQUIPMENT RENTAL Survey Software Rental 1 day @ $100.00 $100 Survey Vessel 1 day @ $200.00 $200 Motion Sensor 1 day @ $160.00 $160 DigialEchosounder 1 day@ $95.00 $95 Hemisphere R110 GPS 1 day @ $90.00 $90 Data Acquisition Computer 1 day@ $60.00 $60 Geodimeter Total Station 1 day@ $150.00 $150 Survey Equipment 1 day @ $20.00 $20 All-Terrain Vehicle 1 day@ $50.00 $50 Pathfinder Pro XR GPS 1 day @ $190.00 190 Equipment Total $1,015 Total Estimated Cost for Task 1 Task 2. Data Reduction and Reporting DIRECTLABOR Principal Engineer 1 hrs @ $164.00 $164 Senior Engineer 8 hrs@ $130.00 $1,040 Engineer 11 24 hrs @ $118.00 $2.832 Labor Total $2,832 $5,152 Total Estimated Cost for Task 2 $2,832 TOTAL ESTIMATED COST FOR SPRING 2010 SURVEY $7,984 5 3/16/2010 18:51 Remote ID Imprint ID D 2/10 ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 DATE 03/12 6/10 6 /10IYYYYI PRODUCER LIC #0660864 1- 925 - 671 -5110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Argo Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TYPEOFIUSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2300 Contra Costa Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 375 A X Pleasant Hill, CA 94523 CBP9692449 04/01/10 04/01/11 INSURERS AFFORDING COVERAGE NAIC9 INSURED Coastal Frontiers Corporation INSURERA:PEERLESS INS CO 24198 INSURERB:GOLDEN EAGLE INS CORP 10836 - 9420 Topanga Canyon Blvd. 9101 INSURERC. MEDEXP(Anymapeisw) INSURERD. PERSONAL &ADV INJURY Chatsworth, CA 91311 NSURERE: X EMPI Ben $1,000,000 COVERAGES THE POLICIESOF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMEDABOVE FORTHE 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NMI HM TYPEOFIUSURANCE POLICYNUMBER POLICYEFFECTIVE DATEIMMMONY1 POLICYEXPIRATION DATEfMMQDNY1 LIMITS A X GENERALLIABILITY CBP9692449 04/01/10 04/01/11 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LLABILITY CLAIMSMADE a OCCUR - PREMISES eocarMVa $100,000 MEDEXP(Anymapeisw) $5,000 PERSONAL &ADV INJURY $1,000,000 X EMPI Ben $1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS -COMPK AGG $2,000,000 POLICY LOC PRO- % A AUTOMOBILE LIABILITY ANY AUTO CBP9692449 04/01/10 04101/11 COM8INEDSINCLE LIMB (Eaaaidan) $1,000,000 BODILY INJURY (PeTpsTSOn) $ ALLOWNEDAUTOS SCHEDULEDAUTOS % BODILY INJURY (P&Mdeenl) $ HIREDAUTOS NON.OWNEDAUTOS % PROPERTY DAMAGE (PWWCII Mlll $ GAMSELIAML17Y AUTO ONLY - EAACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTOONLY: AGG B EXCESSAIMBRELLALIABILITY 009702137 04/01110 04/01/11 EACHOCCURRENCE $4,000,000 X OCCUR CLAIMSMADE AGGREGATE $4,000,000 $ DEDUCTIBLE X $ RETENTION $10,000 WORKERS COMPENSATION AN D EMPLOYERS' LIA8ILRY ANYPROPRIETOILPARTNEW"ECUIIVE WC OTH TORY LIMIT S ER - IMIT E.L.EACHACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICERMEMBER EXCLUDED? Nyyaass IeMmeer EL DISEASE PoLICYLMIT $ SPECIALPRALPRONBR]NS aelmv OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS [VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are Additional Insureds per the language provided in the attached GECG 602 (09/04), waiver of subrogation included, see item 8 ou form GECG 602 (09/04). Primary wording applies per the language provided in the attached CG0001 1001. -30 day notice of cancellation encapt 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ACORD 25 (20D1/08) Doreen © ACORD CORPORATION 1988 14795287 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Newport Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO W1IL 30' DAYS WRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO BO SHALL Arco: Michael J. Sinacori, P.E. 3300 Newport Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND WON THE INSURER ITS AGENTS OR REPRESENTATWES. Newport Beach, CA 92663 AUTHORIZEDREFRESENTATIVE l\ USA ACORD 25 (20D1/08) Doreen © ACORD CORPORATION 1988 14795287 3/16/2010 18:51 Remote ID Imprint ID IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 D 3/10 3/16/2010 16:51 Remote ID Imprint ID COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTIONI - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions !tern 2.g. 2) is replaced with the following: 2.g. 2) A watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property for a charge. Item 2.g. 6) is added: D 4/10 6) An aircraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exclusions Is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a written agreement with the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. SECTIONI - COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limits The medical expense limit provided by this policy shall be the greater of: a. $10,000: or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other Insurance, even fi that other insurance Is also primary. GEW 602 (04/04) Includes copyrighted material of lnairance Services Offices Ix. with its permission Page I or6 3/16/2010 18:51 Remote ID Imprint ID D 5110 The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that: a. Such withdrawal is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage; and b. The "product recall notification expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period is $100,000. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Item b, and d are replaced with: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "sult" including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if a) you have the responsibility of placing insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However, coverage under this provision does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy inception date whichever is earlier. SECTION 111 - LIMITS OF INSURANCE Paragraph 2 is amended to include: The General Aggregate Limit of Insurance applies separately to each "location" owned by you, rented to you, or occupied by you with the permission of the owner. GBCG 602 (09104) Includes copyrighted material of Insumnee SeNkes Offices Inc, with its permission Page 2 of 6 3/16/2010 16:51 Remote ID Imprint ID Paragraph 6. is replaced with the following: ❑ 6/10 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage' to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of a. $500,000. or b. The amount shown in the Declarations. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. is replaced with: 2. Duties In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the "occurrence", offense, claim, or "suit". Knowledge of an "occurrence ", offense, claim or "suit" by other employee(s) does not imply you also have such knowledge. To the extent possible, notice to us should include: 1) How, when and where the "occurrence" oroffense took place; 2) The names and addresses of any injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence ", offense, claim or "suit". Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That is Fire, Explosion or Sprinkler Leakage temporarily occupied by you with permission written agreement with the owner, or Item 6. is amended to include: 6. Representations insurance for premises while rented to you, of the owner, or managed by you under a d. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 8. Is replaced with: 8. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. GECG W (04104) Includes copyrighted material of Inswanm Services Offices Inc. with its permission Page 3 of 6 3/16/2010 18:51 Remote ID Imprint ID b. If required by a written "insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under that written "insured contract' for that person or organization and included in the "products-completed operations hazard ". Item 10. and Item 11. are added: 10. Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The following definitions are added or changed: g. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner Is not an'lnsured contract ". 23 and 24 are added., 23. "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person ororganization have agreed in writing In a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. GWG 602 (09104) Includes copyrighted material of Insurance services Offices Inc. with its permission Page 4of6 7/10 3/16/2010 18:51 Remote ID Imprint ID D 8/10 With respect to provision 1.e. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision t.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contractor agreement has been executed, or permit has been issued, prior to the "bodily injury", 'property damage" or "personal and advertising injury"; b. To 'bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To °bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional Insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. B. ADDITIONAL INSURED— VENDORS Paragraph 2. under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as 'vendor") with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or'property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; GECG 602 (09104) Includes mpyrigited material of Insurance Services Ortices Inc. with its permission Page 5 of6 3/16/2010 18:51 Remote ID Imprint ID D 9/10 d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distribution or sale of the products; f. Demonstration, installation: servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or h. To'bodily injury" or "property damage" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. GECG 602 (0/04) Includes copyrighted materiel of Insurance Services Offices Inc. with its permission page 6 of 6 3/16/2010 18:51 Remote ID Imprint ID b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to whlrh this insurance may also apply. d. No Insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of Insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover- ages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This Insurance Is primary except when b. be- low applies. If this insurance is primary, our ob- ligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other Insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether pri- mary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work "; (b) That is Fire Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is Insurance purchased by you to cover your liability as a tenant for "prop- erty damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional in- sured by attachment of an endorsement CG 00 0110 01 © ISO Properties, Inc., 2000 Page 11 of 16 D 10/10 0 CERTIFICATE OF LIABILITY INSURANCE OPID DH COAST 02 3116110 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (OC)Heffernan Prof. Practices HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1855 W. Katella Ave. #255 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Orange CA 92867 Phone: 714- 997 -8100 Fax:714- 460 -9935 INSURERS AFFORDING COVERAGE NAICo INSURED INSURER A: Beazley Insurance Co, Inc. 1 37540 INSURER B: Coastal Frontiers Corporation INSURE RC: Mr. Craig Leidersdorf 9420 Topanga Can an Blvd. #101 INSURER D: Chatsworth, CA 91311 -5759 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DE DATE MM/DD UMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS MACE OCCUR N/A PREMISES Ea o w ) S MED EXP(Any o" person) $ PERSONAL B ADV INJURY E GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG E POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANYAUTO N/A COMBINED SINGLE LIMIT Ea accident) $ BODILY INJURY (PC, Person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) E HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per amdmt) $ GARAGE LIABILITY AUTO ONLY- EAACCIOENT S ANY AUTO N/A OTHER THAN EA ACC $ S AUTO ONLY: AGO EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE N/A AGGREGATE $ E DEDUCTIBLE $ RETENTION E $ WORKERS COMPENSATION AND EMPLOYERS' LUWI r.TV YIN ANY PROPRIETORRARTNEPJE(ECUTIVf❑ OFFICEMMEMBER EXCLUDED? N/A TORYLIMIrB ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mendelery In NH) ffg dwcdbe under SPECIAL PROVISIONS Eelm E.L. DISEASE - POLICY LIMIT $ OTHER A PROF. LIABILITY V15MKE08PNPA 06101109 06/01/10 PER CLAIM $1,000,000 AGGREGATE $1,000,000 DESCR�TIDN OF OPERATIONS; LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *EXCEPT 10 DAY NOTICE FOR NON- PAYMENT OF PREMIUM. PROJECTS AS ON FILE WITH THE INSURED. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYNE3 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30i' DAYSWRTREN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL City of Newport Beach IMPOSE NO OBLIGATION OR LIABILRYOF ANY RIND UPON THE INSURER ITS AGENTS OR Public Works Dept. REPRESENTATIVES. Michael Sinacori, PE AUTHO E 3300 Newport Blvd. �% NTATNE rlahts reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 03/17/2010 Dept. /Contact Received From: Shauna Oyler Date Completed: 03/17/2010 Sent to: Shauna Oyler By: Michelle Ross Company /Person required to have certificate: Coastal Frontiers Corp. I. GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. EFFECTIVE DATES: 04/0112010 to 04101/2011 C. AM BEST RATING (A-: VII or greater): "A "(XV) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No $1,000,000 plus E. LIMITS (Must be $1 M or greater): What is limit provided? $4,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® No J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. EFFECTIVE DATES: 04/01/2010 to 04101/2011 C. AM BEST RATING (A-: VII or greater) "A "(XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PO and $500,000 UM, $2M min $1,000,000 Hired & Non - for Waste Haulers): Owned Auto Liab ONLY What is limits provided? Plus $4,000,000 Umbrella F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it Included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11I. WORKERS' COMPENSATION A. INSURANCE COMPANY: None Provided B. EFFECTIVE DATES: C. AM BEST RATING (A-: VII or greater): D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC) No information was provided. Approved: Agent of Brown & Brown Date Broker of record for the City of Newport Beach ❑ Requires approval /exception/waiver by Risk Management B &B initials Comments: Approved: Risk Management