Loading...
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: Larry Paul and Associates Page 2 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: Larry Paul and Associates Page 3 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. Larry Paul and Associates Page 5 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. Larry Paul and Associates Page 6 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 Larry Paul and Associates Page 7 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. Larry Paul and Associates Page 8 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. _ _ _ _ _ _ I arm PalilprlAssociafes_ I - - Pape 9_ _ --------------- - - - - -- 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: Larry Paul and Associates Page 10 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 Larry Paul and Associates Page 11 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