HomeMy WebLinkAboutC-4826 - PSA for Watershed and Coastal Project DevelopmentAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT WITH
LARRY PAUL
FOR WATERSHED & COASTAL PROJECT DEVELOPMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
v ( "Amendment No. ONE "), is entered into as of this 9,11+ day of
2012, by and between the CITY OF NEWPORT BEACH, a California Municipal
Corporation ( "City "), and LARRY PAUL a sole proprietor doing business as ( "DBA ")
LARRY PAUL AND ASSOCIATES, whose address is 2967 Michelson Drive, Irvine,
California 92612 ( "Consultant "), and is made with reference to the following:
RECITALS:
A. On March 16, 2011, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for consulting services for the intergovernmental
collaboration, project development, project funding and implementation related to
the various dredging projects and Eelgrass Management Plan ( "Project ").
B. City desires to enter into this Amendment No. ONE to reflect additional services
not included in the Agreement and to extend the term of the Agreement to
December 31. 2012.
C. City and Consultant mutually desire to amend the agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
Section 1 of the Agreement, shall be amended in its entirety and replaced with the
following: The term of the Agreement shall terminate on January 31, 2013, unless
terminated earlier as provided for in Agreement.
2. SERVICES TO BE PERFORMED
Section 2 of the Agreement, shall be supplemented to include the Scope of Services
dated January 24, 2012, which is attached hereto as Exhibit 'A' and incorporated herein
by reference. The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
ONE on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t/L3 �It-L
By: (E,r)
Aaron C. Harp \
City Attorney qnki
ATTEST:
Date:
CITY OF NEWPORT BEACH,
A Calif %op pWicipal corporation
Director
CONSULTANT: LARRY PAUL DBA
LARRY PAUL AND ASSOCIATES, a Sole
Proprietorship
Date: 97
By:_W
Leilani I. E
City Clerk
Attachments: Exhibit A — Additional Services to be Performed
LARRY PAUL Page 2
LARRY PAUL AND ASSOCIATES
WATERSHED & COASTAL PROJECT DEVELOPMENT
Jan24, 2012
Mr. Chris Miller
Manager, Harbor Resources Department
City of Newport Beach
3300 Newport Blvd
Newport Beach, Ca 92663
Dear Chris,
I propose the following amendment to my current scope of work for the City of Newport
Beach's Harbor Resources Department. The additional scope tasks do not involve an
increase in the funding that is identified for this contract year ending in January 31, 2013.
The work will be centered on consulting services for inter - governmental collaboration,
project development, project funding and implementation.
1. Continued development and efforts to obtain federal and state agency approvals
for the eelgrass Management plan
2. Assist in efforts to facilitate the County's participation in lower bay dredging.
3. Research low cost dredging options for future dredging needs..
4. Provide strategy and assistance for beach replenishment and beach management
projects.
5. Provide analysis for emerging state and federal regulatory restrictions for beach
operation activities.
6. Provide an assessment for obtaining beach sediment from the County's Santa Ana
River on a nominal or no cost basis.
7. Assist in Federal Santa Ana Marsh/Semeniuk Slough issues as needed.
8. Research Prop 84 funding for the Newport bay watershed planning issues and
project funding.
9. Provide assistance in collaboration efforts for Upper Bay related water quality,
environmental programs and projects, and regulatory /resource mandates.
Sincerely,
Lary Paul
Larry Paul
949.439.1455
larrypaulandassoc.com
2967 Michelson Drive 6244 Irvine, CA 92612
PROFESSIONAL SERVICES AGREEMENT WITH
LARRY PAUL AND ASSOCIATES
FOR WATERSHED & COASTAL PROJECT DEVELOPMENT
THIS AGREEMENT F,QI� PROFESSI NAL SERVICES (" Agreement") is made
and entered into as of this { IQ'j'Ij day of , 2011, by and between the
CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City"), and LARRY
PAUL, a sole proprietor doing business as ( "DBA ") LARRY PAUL AND ASSOCIATES
( "Consultant'), whose address is 2967 Michelson Drive, G244, Irvine, California 92612
and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is planning to dredge Lower Newport Bay and Rhine Channel and prepare
an Eelgrass Management Plan.
C. City desires to engage Consultant to provide consulting services for inter-
governmental collaboration, project development, project funding and
implementation related to the various dredging projects and Eelgrass
Management Plan ( "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 Larry Paul.
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 January 31, 2012 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Work" or
"Services "). The City may elect to delete certain tasks of the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and 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.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that' are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto .as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Fifty -Nine Thousand
Dollars and no /100 ($59,000.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated Larry Paul to be its Project Manager.
Consultant shall not remove or reassign the Project Manager or any personnel listed in
Exhibit A or assign any new or replacement personnel to the Project without the prior
written consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
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. Chris Miller,
Harbor Resources Manager 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
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide blueprinting and other Services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed Work, Consultant certifies that the Work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties') from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
Larry Paul and Associates Page 4
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Consultant, its principals, officers, agents, employees, vendors,
suppliers, 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).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
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 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.
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14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain; provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. 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.
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.
B. 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.
C. Coverage Requirements.
i. 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.
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.
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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.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation, blanket
contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each accident.
iv. 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.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following provisions:
i. 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.
ii. 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.
iii. 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
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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.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to 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.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding. capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
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.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
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Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications
that result from the Services in this Agreement, shall be kept confidential unless City
authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
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22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this Agreement
shall be given in writing, and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands,
requests or approvals from Consultant to City shall be addressed to City at:
Attn: Chris Miller
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3043
Fax: 949 - 723 -0589
All notices, demands, requests or approvals from CITY to Consultant shall be addressed
to Consultant at:
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Attention: Larry Paul
Larry Paul and Associates
2967 Michelson Drive, G244
Irvine, CA 92612
Phone: 949 -439 -1455
Fax: 949 - 831 -8682
26. 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.).
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared
by Consultant shall conform to applicable City, county, state and federal laws, rules,
regulations and permit requirements and be subject to approval of the Project
Administrator and City.
29. 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
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other term, covenant or. condition contained herein, whether of the same or a different
character.
30. 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.
31. 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.
KY #I.II:IN;JN:1rr_ %IN]011
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.
Kic�_1Pi1:IZ111J,1q.11 &9
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.
34. 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.
35. 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.
36. 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.
Larry Paul and Associates Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
OFFICEOF HE CITY ATTORNEY
Date:
By:
Leonie Mulvihill 0'o'
Assistant City Attorney
1 /
ATTEST:
Date: �-
�
Leilani I. Brown
City Clerk' "\ ` 12
s
a:.
CITY OF NEWPORT BEACH,
A California m)dnicipal corporation
Date:
5du m
Director
PONSULTANT: LARRY PAUL DBA
LARRY PAUL AND ASSOCIATES, a Sole
Proprietorship
Date:
�-Fr Paul
ole Propri
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Larry Paul and Associates Page 13
EXHIBIT A
LARRY PAUL AND ASSOCIATES
WATERSHED & COASTAL PROJECT DEVELOPMENT
January 14, 2011
Mr. Chris Miller
Manager, Harbor Resources Division
City of Newport Beach
3300 Newport Beach, Ca 92663
Dear Chris,
The following is my scheduled billing rate:
Larry Paul- $168.00 per hour. I have organized the proposed work into the following
general task categories: Meetings and communications with state and federal resource
and regulatory agencies -40 %, Project development and project policy issues for the City
including position papers -30 %, project management, city meetings, and coordination -
20%, Consultations with city staff for Harbor Commission, Harbor Patrol, Moorings, and
state wide issues of relevance -10 %.
As a sole proprietor, I am insured for general liability of $2 million.
Sincerely,
Larry Paul
Larry Paul
949,4 39.145 5
I at rypau l a nd a ssoc.c om
2967 Michelson Wive G244 Irvine, CA 92612
LARRY PAUL AND ASSOCIATES
WATERSHED & COASTAL PROJECT DEVELOPMENT
Jan 14, 2011
Mr. Chris Miller
Manager, Harbor Resources Department
City of Newport Beach
3300 Newport Blvd
Newport Beach, Ca 92663
Dear Chris,
I propose the following scope of work for the City of Newport Beach's Harbor Resources
Department. The work will be centered on consulting services for inter - governmental
collaboration, project development, project funding and implementation.
1. Coordinate maintenance dredging activities of the federal and non - federal
channels in the Lower Newport Bay.
2. Coordinate with the City's federal lobbyist for federal funding issues associated
with the Lower Newport Bay project.
3. Development of implementation strategies for the Harbor Management plan to
include items of interest to the Harbor Commission.
4. Assist in the development of a dredging plan for the Rhine Channel.
5. Provide strategy and assistance for priority coastal and harbor related issues.
6. Provide assistance for dredged disposal issues.
7. Provide assistance for the contaminant disposal issues for the Port of Long Beach
and for offshore disposal of tested materials the lower bay federal project.
8. Participate as member of the Harbor Resources project team for technical issues.
9. Assist in the development of Regional General Permit renewal.
10. Assist in the implementation of the formal project cooperation agreements with
the U.S. Army Corps of Engineers.
11, Provide draft language for the annual Congressional funding requests.
12, Will continue to provide assistance in negotiating and finalizing a Newport
Harbor eelgrass management plan with the appropriate federal and state agencies.
Work for this issue will include an assessment of the best course of action and to
assist the city with appropriate strategies. Additionally, the work will include
coordination efforts with the resource and regulatory agencies to include; NOAA
fisheries, Department of Fish and Game, Corps of Engineers, and Coastal
Commission. Work in close coordination with city staff and technical experts to
bring this issue to a favorable conclusion and have the policy included as update
to the Regional General Permit for the harbor.
Larry Paul
949.439.1455
1arrypauI and assoc.com
2967 Michelson Drive 6244 Irvine, CA 92612
EXHIBIT B
LARRY PAUL AND ASSOCIATES
WATERSHED & COASTAL PROJECT DEVELOPMENT
The proposal reflects the requested ten per cent reduction of the normal budgeted amount
for the professional services agreement and reflects a portion of the unspent funding
associated with the previously budgeted amendment for the completion of eelgrass
management plan. The total annual contract cost on a time and material basis will not
exceed $59,000 for the period ending January 31, 2012.
Sincerely,
Larry Paul
Larry Paul
949.439.1455
Iarrypaul and assoc.com
2967 Michelson Dtive G244 lrvine, CA 92612
CERTIFICATE OF INSURANCE lo3/os 011
GEORGE L. BROWN INSURANCE AGENCY
1005 CALLE RECODO
SAN CLEMENTE, CA 92673
949.361.1400
FAX 949.361.2767
INSURED
LAWRENCE PAUL
2967 MICHAELSON DR, #6244
IRVINE, CA 92612 -8801
COVERAGES
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A HARTFORD CASUALTY INSURANCE COMPANY
COMPANY
COMPANY
COMPANY
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMTS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
0 TYPE OF INSURANCE
TR
POLICY NUMBER
POLICY EFFECTIVE
DATE(MWOD/YY)
POLICY EXPIRATION
DATE(MWOONY)
LIMITS
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILRY
LAMS MADE m OCCUR.
A OWNER'S & CONTRACTORS PROT.
72SBAUU4490
DEC 2110
DEC 2111
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS-COMP/OP AGO.
$ 2,000,000
PERSONAL &ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE(Any One Rm)
$ 300,000
MED. EXPENSE(Aq One Person
$ 10,000
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEOULEDAUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMB
$
BODILY INJURY
(Pere rs n)
$
BODILY INJURY
(Per Accident)
$
PROPERTY DAMAGE
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
$
AGGREGATE
$
WORKER'S COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETORI INCL
PARTNERSIEXECUTIVE
OFFICERSARE: EXCL
STATUTORY LIMITS
EACH ACCIDENT
$
DISEASE- POLICY LIMIT
$
DISEASE -EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERATION MOCATIONSNEHICLESBPECIAL ITEMS
THE CITY ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS PER
FORM SS0008 (04105) [PG 11, PARAGRAPH 6. 'ADDITIONAL INSUREDS WHEN REQUIRED BY WRITTEN
CONTRACT.'] INCLUDING PRIMARY WORDING PER FORM SS0008 (04105) [PG 16, PARAGRAPH 7'OTHER
INSURANCE']. RE: ONGOING OPERATIONS PERFORMED BY THE NAMED INSURED FOR THE CERTIFICATE
HOLDER AS REQUIRED BY WRITTEN CONTRACT
CERTIFICATE HOLDER CANCELLATION
CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
PUBLIC WORKS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
3300 NEWPORT BLVD
NEWPORT BEACH, CA 92663 1DpAY NOTICE OF CANCELLATION APPLIES FOR NOWPAYMENTOFPREMIUM
ATTN: SHAUNA LYN OYLER
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
.employees ", "volunteer workers ",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property If you
die, but only:
(1) With rasped to liability arising out of the
maintenance or use of that property, and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this Insurance.
9. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more then 50% of the voting stock on the
effective date of this Coverage Part.
The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named Insured does not apply to
Injury or damage with respect to which an
Insured under this insurance is also an
Insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.
8. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
matntain financial Interest of more than 50% of
the voting stack, will qualify as a Named
Insured if there Is no other similar Insurance
available to that organization. However.
a. Coverage under this provision Is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier, and
BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) 'Bodily Injury" or "property damage'
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.
4 Operator Of Mobile Equipment
With respect to "mobile equipmere registered in
your name under any motor vehicle registration
law, any parson is an insured while driving such
equipment along a pudic highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an Insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to:
a. "Bodily injury' to a oo- "employee" of the
person driving the equipment; or
b. "Property damage' to property owned by,
rented to, In the charge of or occupied by
you or the employer of any person who is
an Insured under this provision.
5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and Is not being used
to carry persona for a charge, any person in an
Insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person Is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only If no other
Insurance of any kind Is available to that
person or organization for this liability.
However, no person or organization is an
insured with respect to:
a. 'Bodily injury" to a co- "employes" of the
person operating the watercraft or
b. 'Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who Is
an insured under this provision.
8. Additional Insureds When Required By
_ 1 , Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) ktentified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
Form SS 00 08 04 05 Page 11 of 24
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
(a) Any failure to make such
permit Issued by a state or political
inspections, adjustments, tests or
subdivision, that such person or organization
servicing as the vendor has
be added as an additional insured on your
agreed to make or normally
policy, provided the Injury or damage occurs
undertakes to make in the usual
subsequent to the execution of the contract or
course of business, in connection
agreement, or the Issuance of the permit.
with the distribution or sale of the
A person or organization is an additional
products;
Insured under this provision only for that
(f) Demonstration, installation,
period of time required by the contract,
servicing or repair operations,
agreement or permit.
except such operations performed
However, no such person or organization is an
at the vendors premises in
connection with the sale of the
additional insured under this provision if such
product
person or organization is included as an
additional Insured by an endorsement Issued
(9) Products which, after distribution
by us and made a part of this Coverage Part,
or sale by you, have been labeled
Including all persons or organizations added
or relabeled or used as a
as additional insureds under the specific
contatner, part or Ingredient of any
additional insured coverage grants In Section
other thing or substance by or for
F. — Optional Additional Insured Coverages.
the vendor, or
a. Vendors
(h) 'Bodily. Injury" or "property
Any person(s) or organization(s) (referred to
damage' arising out of the sole
of the vendor for ioR
below as vendor), but only with respect to
own acts or omissions yo tease
own acts
"bodily Injury, or "property damage" arising
its employees or anyone else
out of 'your products" which are distributed
acting on its behalf. However, this
or sold In the regular course of the vendors
exclusion does not aPPIY to:
business and only ti this Coverage Part
provides coverage for "bodily injury' or
(Q The exceptions contained in
"properly damage" included within the
Subparagraphs (d) or (17; or
"products-completed operations hazard'.
(II) Such Inspections, adjustments,
(1) The insurance afforded to the vendor
lasts or servicing as the vendor
is subject to the fallowing additional
has agreed to make or normally
exclusions:
undertakes to make In the usual
This insurance does not apply to:
course of business, in
cou with the distribution
(a) "Bodily injury" or "property
or s le of the products.
damage" for which the vendor is
(2) This insurance does not apply to any
obligated to pay damages by
insured person or organization from
reason of the assumption of
whom you have mmudred such products,
liability in a contract or agreement,
or arty ingredient, part or container,
This exclusion does not apply to
entering into, accompanying or
liability for damages that the
containing such products
vendor would have in the absence
of the contract or agreement;
b. Lessors Of Equipmerd
(b) Any express warranty
(1) Any person or organization from
unauthorized by you;
whom you lease equipment; but only
(c} Any physical or chemical change
with respect to their Ilab0ity for 'bodily
injury , property damage or
in the product made Intentionally
personal and advertising Injury"
by the vendor,
caused, in whole or in part, by your
(d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of
equipment leased to you by such
Inspection, demonstration, testing,
person or organization.
or the substitution of parts under
Instructions from the manufacturer,
and then repackaged in the
original container;
Page 12 of 24 Farm SS 00 08 04 08
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
e. Permits Issued By State Or Political
to these additional Insureds, this
Subdivisions
insurance does not apply to any
(1) Any state or political subdivision, but
"occurrence" which takes place after
�
only with respect to operations
you cease to lease that equipment.
performed by you or on your behalf for
o. Lessors Of Land Or Premises
which the state or political subdivision
(1) Any person or organization from
has Issued a permit.
whom you lease land or premises, but
(2) With respect to the Insurance afforded
only with respect to liability arising out
to these additional insureds, this
of the ownership, maintenance or use
Insurance does not apply to:
of that part of the land or premises
(a) "Bodily injury". "property doge"
leased to you.
or "personal and advertising
(2) With respect to the Insurance afforded
Injury' arising out of operations
to these additional Insureds, this
performed for the state or
Insurance does not apply to:
municipality; or
(a) Any "occurrence" which takes
(b) "Bodtiy InW or 'property damage"
place after you cease to lease that
included within the 'products -
land or be a tenant In that
completed operations hazard'.
premises; or
L Any Other Party
(b) Structural alterations, new
(1) Any other person or organization who
constructlon or demolition
is not an Insured under Paragraphs a_
operations performed by or on
through e. above, but only with
behalf of such person or
respect to liability for ' bodily injury",
organization.
•property damage" or "personal and
d. Architects, Engineers Or Surveyors
advertising injury" caused, in whole or
(1) Arry arc hifed, engineer, or surveyor, but
in part, by your acts or omissions or
only with rasped to liability for 'bodily
the ads or omissions of those acting
injury', "property damage" or "personal
on your behalf:
and advertising injury' caused, In whole
(a) In the performance of your
or In part, by your ads or cmissions or
ongoing operations;
the ads or omissions of 0=9 acting on
(b) In connection with your premises
your behalf.
owned by or rented to you; or
(a) In connection with your premises;
(c) In connection with "your work' and
or
included within the "products-
(b) In the performance of your
completed operations hazard ", but
ongoing operations performed by
only If
you or on your behalf.
(1) The written contract or written
(2) With respect to the insurance afforded
agreement requires you to
to these additional insureds, the
provide such coverage to
following additional exclusion applies:
such additional Insured; and
This insurance does not apply to
(a) This Coverage Part provides
"bodily injury", "property damage" or
coverage for "bodily injury" or
"personal and advertising injury"
'properly damage" included
arising out of the rendering of or the
within the "produds-
failure to render any professional
completed operations hazard ".
services by or for you, including:
(2) With respect to the Insurance afforded
(a) The preparing, approving, or
to time additional insureds, this
failure to prepare or approve,
insurance does not apply to:
maps, shop drawings, opinions,
"Bodily injury", "property damage" or
reports, surveys, field orders,
"personal and advertising irgury"
change orders, designs or
arising out of the rendering of, or the
drawings and specifications; or
failure to render, any professional
(b) Supervisory, inspection,
architectural, engineering or surveying
architecture! or engineering
services, including:
activities.
Form SS 00 08 04 05
Page 13 of 24
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and spectfications; or
(b) Supervisory, inspection,
architectural or engineering
activilles.
The limits of Insurance that apply to additional
Insureds are described in Section D. — Limits
Of Insurance.
How this insurance apples when other
Insurance is available to an additional insured
is described in the Other Insurance Condition
In Section E. — Liability And Medical Expenses
General Conditions.
No person or organization Is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
the Declarations.
D. LIABILITY AND MEDICAL EXPENSES
LIMITS OF INSURANCE
1. The Most We 1MI1 Pay
The Limits of Insurance shown in the
Dedarstions and the rules below fix the most
we will pay regardless of the number of.
a. Insureds;
b. Claims made or "suits' brought; or
e. Persons or organizations making claims or
bringing "suits".
2. Aggregate Limits
The most we will pay for.,
a. barrages because of "bcdily injury' and
"property damage" included In the
"products - completed operations hazard' is
the Products - Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
Injury", 'property, damage" or 'personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.
This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection Is interrupted only by a
street, roadway or right-cf -way of a
railroad.
This General Aggregate limit does not
apply to 'property damage" to premises
while rented to you at temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.
3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all 'bodily injury",
"property damage" and medical expenses
arising out of any one oo=rnance" is the
Liability and Medical Expenses Limit shown in
the Declarations.
The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person Is the Medical Expenses Limit
shown in the Declarations.
4, Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury' sustained by
any one person or organization Is the Personal
and Advertising Injury Limit shown in the
Declarations.
S. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"properly damage" to any one promises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
8. How Limits Apply To Additional Insureds
The most via will pay on behalf of a person or
organization who is an additional Insured
under this Coverage Part is the lesser of:
a. The limits of Insurance specified in a
written Contract, written agreement or
permit Issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.
Such amount shall be a part of and not In
addition to the Limits of Insurance shown in
the Declarations and described in this Section.
Page 14 of 24 Form SS 00 08 04 06
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.
3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "properly damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "motile equipment" to
which this Insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fauR or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.
4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a parry or otherwise bring us
Into a "suit" asking for damages from an
Insured; or
b. To sue us on this Coverage Form unless
all of Its terns have been fully complied
with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an Insured; but we MR not be liable for
damages that are not payable under the terms of
this Insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the dalmanrs legal representative.
S. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or dudes specifically assigned
In this policy to the first Named Insured, this
insurance applies:
a. As If each Named Insured were the only
Named insured; and
b. Separately to each Insured against whom
a claim is made or "suit" is brought.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us, and
(3) We have Issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.
7. Other Insurance
If other valid and collectible Insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance Is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
Excess Insurance
This Insurance is excess over any of the
�a� } other Insurance, whether primary, excess,
contingent or on arty other basis:
(1) Your Work
That Is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work ";
(2) Premises Rented To You
That is fire, lightning or explosion
Insurance for premises rented to you
or temporarily occupied by you with
permission of the owner,
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent notsxtlhjed to Exclusion g. of
Section A.— Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damaga" to borrowed equipment or
the use of elevalons to the extent not
subject to Exclusion k. of Section A. —
Coverages.
Page 16 of 24 Form SS 00 08 04 05
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other Insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
Insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured underthis Coverage
Part:
(a) Primary Insurance When
Required By Contract
This Insurance Is primary If you
have agreed In a written contract,
written agreement or permit that
this Insurance be primary. if other
insurance is also primary, we wit
share with all that other insurance
by the method described in a
below.
(b) Primary And Non - Contributory
To Other Insurance When
Required By Contract
If you have agreed In a written
contract, written agreement or
pemtit that this Insurance Is
primary and non - contributory with
the additional Insured's own
insurance, this Insurance Is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
Insured has been added as an
additional insured.
When this Insurance Is excess, we win
have no duty under this Coverage Part to
defend the Insured against any "sulr If any
other Insurer has a duty to defend the
Insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the Insured's
rights against all those other insurers.
BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
Insurance, we will pay only our share of
the amount of the loss, If any, that
exceeds the sum of:
(1) The total amount that all such other
Insurance would pay for the loss in the
absence of this Insurance: and
(2) The'total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other Insurance that Is not described in
this Excess insurance provision and was rxs
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part
c. Method Of Sharing
If an the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other Insurance does riot permit
contribution by equal shares, we win
contribute by limits. Under this method, each
'usurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of at Insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, Including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to Impair them. At our
request, the insured will bring %ult" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver IX Rights Of Recovery (Waiver
Of Subrogation)
If the Insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
Including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their this of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
^REPRINTEOR FHEA HIVE. THE ORIGINAL
Insurance_
y,!le�M[t 114[t� MuN 6nyr
NAMED INSURED:
LAWRENCE R PAUL AND
CAROLYN M PAUL
8295 TRAIL HOLLOW CT
RENO NV 89523 -4827
FORMS —
POLICY NUMBER: Y6990479
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
AGENT:
WILKINS & ASSOC INS SER INC
140 W HUFFAKER LN STE 508
RENO NV 89511 -4012
RATED DRIVERS LAWRENCE PAUL, CAROLYN PAUL
2001 FORD EXPLORER XLT 4 DOOR
2000 VOLKSWAGEN NEW BEETLE GLS 2 DOOR
RENEWAL
POLICY PERIOD FROM: JAN. 2 2011
TO: JULY 2 2011
at 12:01 A.M. standard time at
the address of the insured as
stated herein.
AGENT TELEPHONE:
(775) 827 -3939
ID# 1FMZU73E41ZA63350
ID# 3VWCC21C1YM461559
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
(COVERAGES 2001 FORD LIMITS I PREMIUMS 1 2000 VOLK LIMITS1 PREMIUMSI
COMBINED SINGLE LIMIT:
BODILY INJURY & $500,000 $ 147.40 $500,000 $ 124.10
PROPERTY DAMAGE Each Occurrence Each Occurrence
LIABILITY
MEDICAL PAYMENTS $5,000 11.80 $5,000 10.30
UNINSURED MOTORISTS:
BODILY INJURY $100,000 30.60 $100,000 25.00
Each Person Each Person
$100,000 $100,000
Each Accident Each Accident
COMPREHENSIVE Actual Cash Value 29.10 Actual Cash Value 27.80
Less $100 Deductible Less $100 Deductible
COLLISION Actual Cash Value 51.50 Actual Cash Value 56.60
Less $500 Deductible Less $500 Deductible
TOTAL $ 270.40 TOTAL $ 243.80
You may pa your premium in full or in installments. There is no installment fee
for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all
other billing plans are listed below. If more than one policy is billed on the
installment bill, only the highest fee is charged. The fee is:
$2.00 per installment for recurring automatic deduction (EFT)
$2.00 per installment for recurring credit card or debit card
$5.00 per installment for all other payment methods
-CONTINUED -
P 0 BOX 515097, LOS ANGELES, CA 90051
SA- 16971EP 9190 Page 1 of 2 DATE PREPARED: NOV. 3 2010
"^ REPRINTED. .A THE ARCHIVE. ME ORIGINAL TRANSACTION I.NY INCLUDE ADDL aL FORMS —
Insurance.,
�NnMCr rl4xm' M+W Uuur
POLICY NUMBER: Y6980479
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
(CONTINUED)
NAMED INSURED:
LAWRENCE R PAUL AND
CAROLYN M PAUL
8295 TRAIL HOLLOW CT
RENO NV 89523 -4827
AGENT:
WILKINS & ASSOC INS SER INC
140 W HUFFAKER LN STE 508
RENO NV 89511 -401Z
RATED DRIVERS LAWRENCE PAUL, CAROLYN PAUL
2007 FORD EXPLORER XLT 4 DOOR
RENEWAL
POLICY PERIOD FROM: IAN. 2 2011
TO: JULY 2 2011
at 12:01 A.M. standard time at
the address of the insured as
stated herein.
AGENT TELEPHONE:
(775) 827 -3939
ID# 1FMEU73EO7UB84817
Insurance is afforded only for the coverages for which limits of liability or
premium charges are indicated.
COVERAGES 2007 FORD LIMITS1 PREMIUMSI
COMBINED SINGLE LIMIT:
BODILY INJURY AND $500,000 $ 142.10
PROPERTY DAMAGE Each Occurrence
LIABILITY
MEDICAL PAYMENTS
UNINSURED MOTORISTS:
BODILY INJURY
COMPREHENSIVE
COLLISION
$5,000 8.80
$100,000 24.40
Each Person
$100,000
Each Accident
Actual Cash Value 38.20
Less $100 Deductible
Actual Cash Value 62.00
Less $500 Deductible
TOTAL $ 275.50
TOTAL EACH VEHICLE: 2001 FORD $ 270.40
2000 VOLK 243.80
2007 FORD 275.50
--- --- -- --
TOTAL 6 MONTH PREMIUM FOR ALL VEHICLES ... ............................... E 789.70
You may pay your premium in full or in installments. There is no installment fee
for the following billing plans: Full Pay, Annual 2 -Pay. Installment fees for all
other billing plans are listed below. If more than one policy is billed on the
installment bill, only the highest fee is charged. The fee is:
$2.00 per installment for recurring automatic deduction (EFT)
$2.00 per installment for recurring credit card or debit card
$5.00 per installment for all other payment methods
CONGRATULATIONS! YOU SAVED $117.70. YOU HAVE QUALIFIED FOR THE FOLLOWING
DISCOUNTS: Account, Coverage, Homeowners, Multi -Car, Both Side Air Bag, Anti -Theft
P 0 BOX 515097, LOS ANGELES, CA 90051
SA.16971EP 9/90 Page 2 of 2 DATE PREPARED: NOV. 3 2010
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shalt not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California.
Executed on this S4 day of , at Newport Beach,
California..
dd. Con s is name and ti le]
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 3 -9 -11 Dept. /Contact Received From:
Date Completed: 3 -10 -11
Sent to: Shama Oyler
Company /Person required to have certificate:
Shauna
By: Carol
ry Paul
GENERAL LIABILITY
A. INSURANCE COMPANY: Hartford Casualty Insurance Co
B. AM BEST RATING (A-: VII or greater): A; XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000 / 2,000,000
E. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
E Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
G. PRIMARY & NON- CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
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 E 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.
Will mail
IL AUTOMOBILE LIABILITY
A. INSURANCE COMPANY:
B. AM BEST RATING (A-! VII or greater) A; XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? E Yes ❑ No
D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers): $500,000 (plus
What is limits provided? $1,000,000 umbrella)
E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
Is it included? N/A ❑ Yes ❑ No
F. NOTIFICATION OF CANCELLATION: Although there is provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
Evidence of coverage only
III. WORKERS' COMPENSATION
A. INSURANCE COMPANY: N /A— See Certificate of Exemption from Workers' Comp Ins
B. AM BEST RATING (A-: VII or greater):
C. LIMITS: Statutory
D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
3 -10 -11
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
❑ Requires approvallexceptionfwaiver by Risk Management B &B initials
Comments:
Approved:
Risk Management
Date
® Yes ❑ No