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HomeMy WebLinkAboutC-4980 - PSA for Fall 2011 Beach Monitoring ProgramCQ PROFESSIONAL SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION FOR ` FALL 2011 BEACH MONITORING PROGRAM THIS AGREEMENT FOR PROFESS)QN SERVICES ( "Agreement') is made and entered into as of this l` ii I of L -, Oblee- , 2011 by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and COASTAL FRONTIERS CORPORATION, a California corporation, ( "Consultant "), whose address is 9420 Topanga Canyon Blvd., Suite 101 Chatsworth, CA 91311 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 ongoing program to monitor the beach with profiles on the oceanfront for the safety of the residential homes on the between the Santa Ana River and Corona del Mar. The information is used to develop plans and specifications in concert with the Army Corps of Engineers in doing sand replenishment projects, when necessary. C. City desires to engage Consultant to provide engineering consulting services to perform the annual monitoring of several beach profile transects, as part of an effort to understand how the sand moves onshore and along shore, so that good management decisions can be made for future sane 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 December 31, 2012 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. R� 115I *el 2 04 N;[*],I IA-1,153 1 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates 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 Fifteen Thousand, Six Hundred Eight Dollars and no /100 ($15,608.00) 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 speck task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. Coastal Frontiers Corporation Page 2 4.3 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: 4.3.1 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. 4.3.2 Approved reproduction charges. 4.3.3 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. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Mike Sinacori, Assistant City Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Coastal Frontiers Corporation Page 3 7.1.1 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. 7.1.2 Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with 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. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court ousts) 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, 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. Coastal Frontiers Corporation Page 4 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 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. 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 14.1 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. Coastal Frontiers Corporation Page 5 14.2 Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 14.2.1 Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. 14.3 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. 14.4 Coverage Requirements. 14.4.1 Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. 14.4.1.1 Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non - payment of premium) prior to such change. 14.4.1.2 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 14.5 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, blanket contractual liability. 14.6 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 accident. Coastal Frontiers Corporation Page 6 14.7 Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. 14.8 Other Insurance Provisions or Requirements. 14.8.1 The policies are to contain, or be endorsed to contain, the following provisions: 14.8.1.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 14.8.1.2 Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 14.8.1.3 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. 14.8.1.4 Notice of Cancellation. Consultant agrees 4e -e6li@ o provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 14.9 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 Consultants performance under this Agreement. 14.10 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 Coastal Frontiers Corporation Page 7 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 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. OWNERSHIP OF DOCUMENTS 16.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 16.2 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. 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. 18. 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. Coastal Frontiers Corporation Page 8 19. 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. 20. 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. 21. 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. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 23. CONFLICTS OF INTEREST 23.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 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 Coastal Frontiers Corporation Page 9 City for any and all claims for damages resulting from Consultant's violation of this Section. 24. NOTICES 24.1 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, Assistant City Engineer Publice Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 -644 -3342 Fax: 949 - 644 -3318 24.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Greg Hearon Coastal Frontiers Corporation 9420 Topanga Canyon Blvd., Suite 101 Chatsworth, CA 91311 Phone: 818 - 341 -8133 Fax: 818 - 341 -4498 25. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 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 Coastal Frontiers Corporation Page 10 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.2 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. 27. STANDARD PROVISIONS 27.1 Compliance With all Laws Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 27.2 Waiver A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 27.3 Integrated Contract This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 27.4 Conflicts or Inconsistencies In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. Coastal Frontiers Corporation Page 11 27.5 Interpretation The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 27.6 Amendments This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 27.7 Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27.8 Controlling Law And Venue The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 27.9 Equal Opportunity Employment Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 27.10 No Attorney's Fees In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 27.11 Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Coastal Frontiers Corporation Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE Of M36E CITY ATTORNEY Lie Mulvihill Assistant City Attorney ATTEST: Date: By: bwv— LeilaniyCI. Brown City Clerk b'-,,FoRS"-'d CITY OF NEWPORT BEACH, A Californ' nicipal corporation Date: `r 8. Badum orks Director CONSULTANT: COASTAL FRONTIERS, INC., a California Corporation Date: t � 2c ( � By: i, . L&A—L Craig B. Leidersdorf, Date: 5C --pt' '24n\ By: rL, Peter Kjadd, Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Coastal Frontiers Corporation Page 13 m x cop- Exhibit A COASTAL FRONTIERS SCOPE OF WORK FALL 2011 BEACH MONITORING PROGRAM FOR THE CITY OF NEWPORT BEACH Beach profile data will be to acquired along 13 shore - perpendicular beach profile transects located between the Santa Ana River and Corona del Mar. Beach profile data were obtained at each of these sites on eight occasions between October 2006 and October 2010. It is assumed that the Fall survey will be conducted in October. The work will consist of the two primary tasks described below: • Task 1 — Fall 2011 Field Survey Activities • Task 2 — Fall 2011 Data Reduction and Reporting Task I - Fall 2011 Field Survey Activities Beach profile data will be obtained along 13 shore - perpendicular beach profile transects located between the Santa Ana River 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 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 shallow -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. Coastal Frontiers Corporation 9420 Topanga Canyon Blvd, Suite 101 Chatsworth, CA 91311 -5 75 9 (818) 341 -8133 Far (818) 341 -4498 Task 2 — Fall 2011 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. A concise letter report will be prepared which documents the survey methods and results. The survey data will be submitted in both tabular and graphical form for each surveyed transect. Tabular data will be provided in digital form only. The graphical plots will include selected historical data, where applicable. DELIVERABLES The survey methods and results will be provided in a concise letter report. 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. COST Coastal Frontiers Corporation proposes to conduct the Fall 2011 Beach Monitoring Program on a time -and- materials basis, with a not -to- exceed cost of $15,608. A detailed cost estimate is attached. SCHEDULE It is assumed that the Fall survey will be conducted during October. 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 60 days after completing each survey. m li-E Exhibit B January 2011 COASTAL FRONTIERS CORPORATION 2011 RATE SCHEDULE Direct Labor Costs Direct labor charges are made for project - related consulting services performed on behalf of the Client. These services may include engineering, technical typing, as in the preparation of reports and project documentation, duplicating, and shipping. Such charges are not made for office management, accounting, general secretarial services, and maintenance, as these are included in our overhead. Effective January Ist, 2011, hourly rates for Coastal Frontiers personnel engaged in the performance of consulting services are as follows: Job Classification Hourly Rate (U.S. $) Principal Engineer........... Senior Engineer ............... Engineer II ....................... Engineer 1 ........................ Technician ....................... Word Processor/Drafter... Support Services .............. ...... $170.00 ...... $135.00 ...... $123.00 ...... $109.00 ........ ............................... $83.00 ......... $67.00 ......... $54.00 Overtime will be charged at the standard hourly rates. Time spent in travel on behalf of the Client also will be charged at the standard hourly rates, with the exception that no more than eight hours of travel will be charged in any one calendar day. When expert witness testimony is provided, time spent under oath, as in the case of depositions and court appearances, will be charged at 1.5 times the standard hourly rates. These rates are not subject to escalation or adjustment until January I st, 2012. If Coastal Frontiers desires to utilize additional personnel whose classifications are not listed above in the performance of a project, their qualifications and hourly rates shall be submitted to the Client for prior approval of participation. COASTAL FRONTIERS CORPORATION 2011 RATE SCHEDULE Page 2 Other Direct Costs Costs relating directly to the performance of a project, other than Direct Labor Costs, will be charged at the billing or cost rate times 1.10. Such costs may include outside services, subconsultants, third -party equipment rentals, duplication, printing and photographic work, third -party computer time, special insurance, travel and transportation, subsistence or room and board, long distance communications, and exceptional postage. Io -House Equipment Rental In -house equipment rental charges are made for the use of company -owned equipment dedicated to the performance of the Client's project, hates are as shown on the following page. Invoices Invoices are submitted monthly and all fees are payable in U.S. Dollars within 30 days of date of invoice. Direct Labor charges will be invoiced by employee, charge rate, and hours worked. Other Direct Costs will be itemized and copies of receipts will be furnished. In- House Equipment Rental charges will be invoiced by item, charge rate, and period of use. Late payments are subject to an interest charge of 10% per annum, compounded monthly, on the unpaid balance. COASTAL FRONTIERS CORPORATION 2011 RATE SCHEDULE Page 3 IN-HOUSE EOUH'MENT RENTAL RATES ITEM DAILY RATE DIVING • Arctic Diving Equipment, per Diver ............................. ...........................$150 • Non - Arctic Diving Equipment, per Diver ....................... .............................55 • Dry Suit (Without Other Diving Gear) ............................ .............................50 HYDROGRAPHIC SURVEY • Digital Acoustic Fathometer ............................................ .............................95 • Inflatable Boat and Motor ............... ............................... ............................200 • TSS DMS -205 Motion Sensor ......... ............................... ............................160 • Pathfinder Pro XR GPS ................... ............................... ............................190 • Hemisphere VS -110 GPS/Heading System .................... ............................125 • Hemisphere R -110 GPS .................................................. .............................90 • Novatel RT20 GPS .......................... ............................... ............................125 • Garmin GPSMap 196/78SC GPS .................................... .............................35 • Seabird SBE19 CTD ........................................................ .............................80 • Marinized Data Acquisition Computer ........................... .............................60 • Hypack Navigation Software System ............................. ............................100 SURVEY • Automatic Level, Rod, and Tripod .................................. .............................20 • Geodimeter Electronic Total Station .............................. ............................150 • Nikon Electronic Total Station ........................................ .............................90 • Hand -Held UHF/VHF Radios, per Radio ....................... .............................15 • Nikon Hypsometer ........................................................... .............................15 • AII- Terrain Vehicle ......................................................... .............................50 • Survival Packs, per pair ................................................... .............................35 lu FW.1 : j ► 1 • Valeport Tidemaster Tide Gauge .................................... .............................50 • Weathermeasure Model F581B Current Meter ............... .............................40 • Pygmy Price Current Meter ............................................. .............................20 • Petit Ponar Sediment Sampler ......................................... .............................25 COMPUTERS • Laptop (Field Use) ........................................................... .............................45 • Color Printing (per 8VT x 11" page equivalent) ............ ...........................0.60 COST ESTIMATE FALL 2011 BEACH MONITORING PROGRAM FOR CITY OF NEWPORT BEACH August 29,2011 Task 1. Fall 2011 Field Survey Activities DIRECT LABOR Principal Engineer 1 hrs @ $170.00 $170 Engineer II (2) 40 hrs @ $123.00 $4,920 Technician (2) 36 hrs @ $83.00 $2,988 Labor Total $8,078 OTHER DIRECT COSTS mileage 400 miles@ $0.500 $200 perdiem 6 and @ $100.00 $600 expendables 1 Is @ $60.00 $60 shipping 1 Is @ $10.00 $10 Subtotal $870 10 %G &A $87 DOG Total $957 IN -HOUSE EQUIPMENT RENTAL Survey Vessel 1 day@ $200.00 $200 Hemisphere R -110 GPS 1 day @ $90.00 $90 Digital Echosounder 1 day @ $95.00 $95 Data Acquisition Computer 1 day @ $60.00 $60 Hypack Software 1 day @ $100.00 $100 Pathfinder Pro XR GPS 2 day @ $190.00 $380 Geodimeter Total Station 2 day @ $150.00 $300 Motion Sensor 1 day @ $160.00 $160 Recording CTD 1 day @ $80.00 $60 Survey Equipment 2 day @ $20.00 $40 Radios (2) 1 day @ $30.00 $30 ATV 2 day @ $50.00 $100 Equipment Total $1,635 Total Cost for Task f $10,670 (continued) COST ESTIMATE FALL 2011 BEACH MONITORING PROGRAM FOR CITYOF NEWPORT BEACH Continued Task 2. Fall 2011 Data Reduction and Reporting DIRECT LABOR Principal Engineer 3 his @ $170.00 $510 Engineer(II) 36 hFs@ $123.00 $4,428 Labor Total $4,938 OTHER DIRECT COSTS none $0 Subtotal $0 10% G &A $0 CDC Total $0 IN -HOUSE EQUIPMENT RENTAL none $0 Equipment Total $0 Total Cost for Task 2 $4,938 TOTAL COST FOR PROGRAM $15,608 �C'°R°rt3 CERTIFICATE OF LIABILITY INSURANCE 012/ "" 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'TNE ISSUING INSURER(% AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the caNBesta holder IS an ADDITIONAL INSURED, the poilcy(Ian) must be endorsed. N SUBROGATION IS WAIVED. auhjoct to the torms and Conditions of tho policy, certain policies may require an endorsement. A statement on this certificate dose not candler rights to the c rtmCate holder In Bon of such andorcemerd s . PRODUCER LIC 90660864 1- 925 - 671 -5110 Argo Insurance Brokers, Ina, 2300 Contra Costa Blvd Suite 375 Pleasant Hill, CA 94523 WTeT Cheryl Rough P -0420 925 - 852 -0410 ah925-852 erylkiargoinwrsna*.aem PRODUCER R9WFA APiDAL4ADC0VEAAfiP NAIC6 INSURED Coastal Pronttars Corporation 9420 Topanga Canyon Blvd. 1101 Chatsworth, CA 91311 abuNEAA: /`311111,288 INS CO 24198 NeUggg", OXB,DEN WALE INS COSIP 10836 URBRC; 04/01/22 VBURISRDt CABRERR: X CM4LFRCIALOt7�RALLIA9Xltt COVERAGES CERTIFICATE NUMBER: 23593776 RVVISK N NUMBER: THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LWED BELOW HAVE BEEN ISSUED TO THE INSLRED NAMED ABOVE FOR THE POLICY PERK 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 POLICES DESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS 811OWN MAY HAVE BEEN REDUCED SY PAID CLANS. MR TYPE F 6DIRE X X PoLCYRUNBEIR LWg9 A GENERAL LABILBY CSF9692449 04101/1 04/01/22 EACNC4WHREN,6 { 11000,000 X CM4LFRCIALOt7�RALLIA9Xltt S 3 100.000 1,1. —MADE 111 OCCUR NEDEYP Dint ems 6 8.000 X impl San 01.000,000 PER80NALAADY RJORY { 1,000,000 OENERALAGCWEOATE $2.000,000 OENIAOOREOAIE LSAT APPLIES PER PRODUCTS- CoMP/OP AGO 62,000.000 POLICY X LOC 6 B AUrONOBLE LABRNY AAIYAUIO MPS692449 0 c%aND81/X4.E5; �) y1, doa, 000 DDDsYffUUAY9wwP ) { ALLOWNEDAUTOL ROOB.YR1lDA fit) { X SCHEDULED Alfas HotIDAUTOS PRO wddw4 NASWS E (PPer •end•N) y X NCP}CINNED AUTOS { 8 UMBAELLALAB X OCCUR CD9702137 04/01/1 04/01/11 EAcm COCUSNEHCE { 1,000,000 EXCESS LAO CLAIMS .MAIfE AGGREGATE $1,060,000 DEDUCTIBLE 6 X RETENnoN 6 10,000 WORAIRS COMPENSATION STATU- O1H ANDEMPLOYERVIIAOLLITY YIN AHYPROPR9iTORPARTNp3w6XECUTNE OFFIQRINSUSER EXCIUOED? �Myy���4 � OESRtlPT10NOF tN'QUTION8 bbm N!A ELEACHACCIDWT { ELDISEASE- EAVHnOY 6 ELDISEAW -PCMV 14r S • n u•Emu City of Newport Beach in Additional Insured per the language provided Ln the attached osm 602 (09/04) and Fors CC 20 37 07 04. RE 1`rnleotl Insured ?s operation" per written contract. Primary Wording applies POW the language provided In the attached Fo= 22123 (01/07). Naiver of Subrogatlon applies Per the language provided La tho attached C;SCO 602 (09/04). Fublio Works Dap xt,,.nt. City of Newport beach 3200 Newport Blvd. Reach, CA 92663 SHOULD ANY OF THE ASS DESCRIBED POUCIBS BE CANCE OD BORE THE EXPIRATION DATE TNERROF, NOTICE WILL BB DELIVERED IN ACCORDANCETMTH THE POLICY PROVISIONS. USA The ACORD name and logo are regleterad marks rights POLICY NUMBER: CBP9692449 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 modes 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 City of Newport Beach Insureds operations per written contract Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section it — Who Is An Insured Is amend- ed 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 per- formed for that additional insured and included in the "products-completed opera - ons hazard". CG 20 37 07 04 ®ISO Properties, Inc., 2004 Page 1 of i Forming a part of Policy Number. CBP M92449 Coverage Is Provided In GOLDEN EAGLE INSURANCE CORPORATION Named Insured: Agent; COASTAL FRONTIERS CORPORATION . ARGO INSURANCE BROKERS ING Agent Coda: 4295789 /gent Phone: (929}82-7001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF OTHER INSURANCE CONDITION - DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modNEes Insurance provided under the fdbwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART With rasped to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. The following Is added lo provislon a. PrUrtary insurance of paragraph 4. Otherinsurance under SECTION W— COMMERCIAL GENERAL LIABILITY CONDITIONS: However, when the person ororgant mWn shown In the Schedule of this endorsement has been added as an additional insured to this Coverage Part by attachment of an endorsement, wewill not seek oorhlibutbn tram the'per9on's or organization's own insurance° provided that (1) You and such person or organization have agreed In a written contract that this Insurance Is primary and non-contributory; and (2) The Obodily injury' or "property damage' occurs. or the'persone and advertising harry' Is committed, subsequent to the execution of such contract. B. For the purposes of this endorsement the fbRo Mng Is added to SECTION V— DEFINITIONS: 'Parsons or organization's own Insurance' means other insurance: e. That covers Oabllky for damages arising out of the premises, ongoing operations. products or completed operations described in the Schedule of this endorsement; and b. For which the person or organization shown in the Schedule of this endorsement Is designated as a Named Insured. SCHEDULE Name and Address of Person Or Organization: CITY OF NEWPORT BEACH ITS' ELECTED OR APPOINTED OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD, NEWPORT BEACH, CA 92663 Description oh Premises; 22123 (81" Includes copirWed maWld of Mhauance aeMcm Ofte. Inc., wM M perifts n. INSLRED COPY o"rJo11 0892440 Nmem 1003 PGDMOM J27997 SCAFPPN 00011947 PW 61 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 SECTION I- COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions item 2.g. 2) Is replaced xdNt t/re foPtoaing 2.g. 2) A watercraft you do riot own that is: a) lose than 5o feet long; and b) Not being used to carry persons or property for a charge. Item 29. fl) Is added- 6) An ahcraft in which you have no ownership Interest and that you have chartered with crew. Th&Aut paragraph of Exclusions is raplased wish fireWowblg: Exclusions c, through n. do not apW to damage by fire, explosion, spriNtler leakage, or lightning to prerntsas while rented to you, temporarily o=upW 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 ft coverage as described In Becton III - Limits of Insurance. SECTION I- COVERAGES COVERAGE C. MEDICAL PAYMENTS If Ads" Payments Coverage is provided under Gds poky, fire kWwkV ✓b changed: 3. Lhnfts The medical expense Trent proWdad by this poky shell be the greater of a. S110,0oo; or b. The amount shown In the decbaratkms. Coverage C. Medical Payments Is primary and not cordrlorting w#h any other Insurance, even If that other Insurance Is also primary. OEM and t09" bAudino oWdgbkd mmig ofl� Smicu Offim Im. adhh ib pem Won Page Iom The following is added: COVERAGE D. PRODUCT RECALL NOTIRCATIONEXPENSES Insuring Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your produft provided that a Such wtthdrswel is required because ore datenninatbn by you during the policy period, that the use or consumption of your products could result In "bodily injury" or °property demage"; and b. The Vroduct recall natEfkation expenses are Incurred and reported to us durng the policy period. The most we will pay for Wuct recall notification expenses" during the policy period Is $100.000. suppLEMENTARy pAYMENTS - COVERAGES A AND 8 ftm h. and d. are repboed with b. The cost of bail bards required because of accidents or traffic law violations arising out of the use of any vehicle to wMoh the Bodily Injury Liability Coverage applies. We do not have to Amish these bonds. d. A& reasonable expenses Incurred by the Insured at our request to assist us in the Imrestiation or defense or the claim or "suti" Including ectual bas of earnings up to SSt)g a day because of time off from work. SECTION 114M IS AN INSURED Ham 4. k replaced wfih. 4. Any subsidiaries, oompanles, corporations, tuns, or organkallons you *oquIM or form during the polka period over which you maintain a, controlling interest of greater than tiU9'o of the stock or assets, will qusttfy, as a Named insured It a) you have the responstblydy, of pbc nit insurance for such enft and b) coverage for the entity is not otherwise more specifically provided; and c) the entity to Incorporated or organized under the IBM of the United States orAnwice. However, ooverage under this provision does not apply to " bodily lrgury" or "property damage" that occurred before you aoquhad or formed the entity, or "personal Injury' or "advertising injury" arising out of an offense committed before you acquired orfonned the entity. Coverage under trig provlabn Is afforded only until the end of the polity period, or the twelve (12) month anniversary of the policy Inospgan dale whichever is earter. SECTION gl - LIMITS OF NSURANCE Paragraph 2 is amended Oo kMk1dW The General Aggregate Limit of Insurance appfies sepamtety to each "location' owned by you, rented to you, or occupied by you with the permission of the owner. OBoa 602(09M) hxhudn cowflgtaw mftrw ofIMMJ 5 smk"oatreslna%eh iapecmialm PW20f6 Paregraph & is replaced mO the foffovlrrg 6. Subject to 6. above, the Fire Damage Limit Is the most we will pay under Covatage A for dames because of "properly damage" to premises while rented to you, temporarily occupied by you with perrritsslon 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 Fie Damage Limit provided by this polloy shall be the greater of. a. $500,6110. or b. The amount shown in the Declarations. SECTION N - COMMERCIAL GENERAL LIABILITY CONDITIONS Hem 2 a Is replaced wiM: 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 arty of your executive officers, partners, members, or legal representatives Is aware of the'bccurtenco offense, claim, or "stW. Knowledge of an "occurrence , otfenso, chum or "surf' by other emptoysa(a) does not knpy you also have such knowledge. To the exam possible, notice to us should include: t) How, when and where the'bccurrence" or offense 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 "occarrena', offense, dakn or "suer. Hem 4. b. f) b) is raplecad wi8r. b. Excesslnsarance t) b) That Is Fire, Explosion or Sprfkler Leakage Insurance for premises while rented to you, temporarily oocupled by you with permission of the owner, or managed by you under a wditn agreement with the owner, or Ham 6. IS amended 6o kCkdd®: 6. Representations d. If you unintentionally fall to clisdose any hazards existing td the inception date of your per, we will not deny coverage under this Coverage Pad because of such failure. However, this provision does not affect our rfght to collect additional premium or exercise our right of cancellation or non-renewal. Hem 8. Is replaced VM. S. 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 attar lose to impair them. At our request, the Insured will bring suit or transfer those rights to us and het us enforce them. OWOM2(119" Insoles eopyiWed maWkt ofhnor Savioos Oflas la. wfth rte pemdmion tkya9or6 b. K requhed by a written "ensured oonlracf', we walve any right of recovery we may have against any person or organisation because of payments we make for Injury or damage orNing out of your ongoing operations or "your waW' done under that written 'Insured contract° for that parson or organisation and Included In the "prtductscompieted operations hazard". item 10. and Itsm 11. are added.., 10. Conceaationcondition If we cancel this Polley for any reason other than nonpayment of premium vre well mail or deliver written notice of cancdlation to the first Named insured at blast 00 days prior to the effective date of cancellation. 11. LPoera6zalon 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 offecthm upon the approval of such broader coverage in your state. SECTION V- DEFINITIONS The kNowhig doWdllons are added or changed: F711111111!if7M=1WsrMfl a. Ia changed fa a. A corftat for a lease of premises. However, that portion of the contr ed for a lease of premises that Indemnifies any person or organization for damage by tie, explosion or sprinkler leakage to promilses vrhge rented to you, or temporarily occupied by you with GenytsNOn of the owner, or managed by you under a written agreament with the owner Is not an "insured contras". 23 and 24 are added: 23. "Location' moms premises InvWng the same or connecting lots, or premises whose connection is Interrupted only by a stred. roadway, waterway or right•of -way of a railroad 24. "Product recall notification expensW means this reasonable additional expenses (Including, but not ImIted to, cost of correspondence, newspaper and magazine advertising, redo or television announcements and transportation cost), necessarily Incurred in arranging for the return of produota, W excluding costa of the replacement products and the cash value of the damaged products. The Mowing Provisions are also added to this Coverage Part: A. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION H -WHO IS AN INSURED is amended to Include as an Insured any person or organization when you and such person or organization have agreed in writing In a contras, 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 Nobility, arising out of a. Your ongoing operates performed for that person or organisation; or b. Premises or fadtitles owned or used by you. OHWae2 (0m) rndodns eoryrWad mauMl oPboreeme Swilm Office bn with hstmksiun Pw4of6 VMh respect to provision 1 e. above, a person's or organization's status as an insured under this endorsement ands when your operations or that person or organisation are completed. With respect to proWsion 1.b. above, a person's or organlaabon s status as an Insured under this endorsement ends when their contract or agreement with you or such premises or facilities ends 2. This endorsement provision A. dose root apply: a. Unless the written contract or agreement has been executed, or permit has been Issued, prior to the ' bodily Injury", 'property damage° or "persona( and advertising injury% b. To todty, 4ury" or "property damage" occurring after: (1) At 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 behat ofthe additional insured(s) at the ate of the coveted operations has been completed; or (2) That portion of "you 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 or a principal as a part of the same project; a. To the rendering of or failure to render any professional services Including, but not tmted to, any professional archiecturaf, engneedng or surveying services such as: (1) The preparing. approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, told orders, change orders or drawings and sp%Mca kmw and (2) Supervisory, Inspection. archtechuai or engineering activities; d. To "bodily Injury", "property damage" or personal and advertising Injury' arising out of any ad, error or omission that results from the additional Insureft sole negligence or wrongdoing; a. To any person or organkation Included an an Insured under provision B. of this endorsement; L To any parson or organization Included as an insured by a separate additional Insured endorsement issued by us and made a part of Oft potty. IL ADDITIONAL INSURED— VENDORS Paragraph 2, under SECTION t - WHO IS AN INSURED Is amended to hrclude 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 hhjury" 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 o: a. 'aodty Injury" or "property damage for which the vendor Is obligated to pay damages by reason of the assumption of lability In a contract or agreement. This excl son does not apply to Pablity or damages that the vendor would have In the absence of the contract or agreement; b. Any express wonaardy unauthorized by you; c. Any physical or chomical change in the product made Intentionally by the vendor, GE00602 MM) Ihehdm co"rffkdH;&W rofinw ftvkwo imftM— whhbperrnluiar pop 5Or6 d. Repackaging, unless unpacked solely for the purpose of Inspection, demonstration, testing, Or substitution of parts under instructions from the manufacturer, and than repadm9ed in the original container, e. Any failure to make such Inspections, edustments, 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 prodna:ts; f, Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises In oonnecton 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'bwlpy irdure or "properly damage" arising out of any act, error or omisslon that results from the additional insured's sole negligence or wrongdoing. Z Thy insurance does not apply to any Insured person or organkation, from whom you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products. GUM 602 (09fi6) rneludaw"dabW UIaW&I aPkwm SOMMOaknIMvAth ikapamdaane PW60f6 b. It 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 ae pract ca- ble. c, You and any other Involved insured must: 0) 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 an- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that Insureds 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 Pad: a. To join ns as a party or otherwise !ring us Into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless ail of ks terms have been fully compiled 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 Gable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insuaance. 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. Odw Insurance If other valid and colie tible 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. O 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, Miather 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 temporadiy occupled by you with permission of the owner, (c) That is Insurance Purchased by you to cover your ilabildy as a tenant for "prop- erty damage" to promises 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 alrcraft, ^autos' or watercraft to the extent not subject to Exclusion g. of Sedan 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 ca 00 0110 01 0 180 Properties, Ina, 2000 page 11 of 18 0 CERTHOLDER COPY SC P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09 -30 -2011 CITY OF NEWPORT BEACH SC PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 82883 -3818 GROUP: POLICY NUMBER: 0801882 -2011 CERTIFICATE ID: 103 CERTIFICATE EXPIRES 04-13 -2012 04- 13- 2011/04-13 -2012 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 101 DATED 09- 21-2011 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein 13 subject to all the terms exclusions. and conditions, of such policy. Au7amed Re presentative Q President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - PETER E OADO PRES,SEC - EXCLUDED. ENDORSEMENT 01800 - CRAIG B LEIOERSDORf VP,TRES - EXCLUDED. .r ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04 -13 -1857 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011 -04 -25 IS _ ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER COASTAL FRONTIERS CORPORATION SC 8420 TOPANGA CANYON BLVD STE 101 CHATSWORTH CA 81311 ISBO,CNj PRINTED : 09- 30-2011 MEV.a -2010) CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 9/30/2011 Dept. /Contact Received From: Shari Rooks Date Completed: 10/11/2011 Sent to: Joel By: Joel Company /Person required to have certificate: Coastal Frontiers Corporation I. GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance Co. B. AM BEST RATING (A- : VII or greater): A, XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes EX No 0 D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does Yes OX No not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it Yes 0 No included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes No Q H. 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 I. 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. New Acord wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eaxle B. AM BEST RATING A-: VII or greater) A:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes EX No [� D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What are the limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA Yes 0 No C] F. 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. New Acord Wording 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Compensation B. AM BEST RATING (A-: VII or greater): Not Rated C. LIMITS: Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? Yes ❑X No HAVE ALL ABOVE REQUIREMENTS BEEN META IF NO, WHICH ITEMS NEED TO BE COMPLETED? NOTES: Approved: 10 -13 -11 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 0 Requires approval /exception/waiver by Risk Management Comments: Approved: Risk Management * Subject to the terms of the contract. Date Date Yes QX No B &B initials