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.
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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.
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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:
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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:
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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
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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