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Coastal Frontiers Corporation; 2019-09-23;
AGREEMENT FOR BEACH AND OFFSHORE PROFILE SURVEY SERVICES COASTAL FRONTIERS CORPORATION q_ THIS AGREEMENT is made and entered into as of the c6 ~AU day of »wor:;;}j ,'YV\ l~ , 20J.S_, by and between the CITY OF CARLSBAD, a municipal corporati<hn,rCity"), and Coastal Frontiers Corporation, a corporation, ("Contractor"). RECITALS A. City requires the professional services of a coastal engineering firm that is experienced in beach and offshore beach profile surveys. B. Contractor has the necessary experience in providing professional services and advice related to coastal processes and sand transport characteristics. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform·, :and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable~ members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 2 additional 2-year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed seventy thousand dollars ($70,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-five thousand dollars ($35,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any p~rtion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 10.5 Submission of Insurance Policies. City reseNes the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the seNices will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Michael Tully Title Park Planner Department Parks & Recreation City of Carlsbad Address 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 Phone No. 760-434-2826 For Contractor Name Greg Hearon Title Principal Address 882A Patriot Drive Moorpark, CA 93021 Phone No. 818-341-8133 Email ghearon@coastalfrontiers.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes~ NoO 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. ' DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise _regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and City Attorney Approved Version 6/12/18 5 put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) CITY OF CARLSBAD, a municipal corporation of the State of California By: rations Officer, Deputy City Mana r or Department Director as authorized by the City Manager ATTEST: By~]2. ~ (~/Zrrtm~ \ (signhere) t~BARA ENGLESON Cf\.4I ~ ~ . Lt, --,{AS: 7)~ }St.kfl..taA-tL--J City Clerk (print name/title) I If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES Coastal Frontiers Corporation will conduct beach and offshore profile surveys for 2019-2021. Beach Profile Surveys Attempt to recover the survey benchmarks established previously at the following 8 transects: CB0740, CB-0775, CB-0780, CB-0800, CB-0820, CB-0840, CB-0850, and OS-0900. If any benchmark is found to be missing, establish a temporary replacement using available descriptions, photographs, and reference marks. Acquire beach profile data compatibl~ with historical data obtained previously by the City along the 8 transects enumerated above. Profiles shall be obtained from the back beach to a minimum depth of 50 ft, MLLW Datum, past the presumed "depth of profile closure". Data for the wading portion of each profile shall be obtained using an electronic total station, while that for the offshore portion shall be obtained using a differential GPS (DGPS) and precision echosounder operated from a shallow draft survey vessel. Upon completion of field operations, adjust all elevations along the 8 profiles to MLLW Datum and plot each profile. Provide both hard copies and digital files of the 8 profiles to the City, along with a brief letter report that describes the survey dates, survey methods, and any unusual observations or problems encountered. The letter report shall include a table of beach width (measured from the landward limit of the sandy beach to the Mean Sea Level shoreline) at each profile. To the extent available, data from SANDAG-sponsored transects located within the study area will be included in the report. These tasks will be billed on a lump sum basis in accordance to the milestones shown below. As-Needed Support Services Provide additional coastal engineering services as requested and approved by the City. This task will be billed on a time and materials basis in accordance with the attached Rate Schedule. City Attorney Approved Version 6/12/18 8 FEE SCHEDULE The City will make incremental payments in accordance to the project milestones listed below. A detailed cost breakdown is as follows: ITEM BEACH AND OFFSHORE SURVEY PROGRAM NO. PAYMENT PRICE Year 1 Beach Profile Surveys 1 Notification of Field Work Complete-Fall $10,207.00 2 Submittal of Final Report-Fall $4,518.00 3 Notification pf Field Work Complete-Spring $10,462.00 4 Submittal of final Report $4,631.00 5 As-Needed $upport Services $5,182.00 Subtotal $35,000.00 Year 2 Beach Profile Surveys 1 Notification of Field Work Complete-Fall $10,462.00 2 Submittal of Final Report-Fall $4,631.00 3 Notification of Field Work Complete-Spring $10,724.00 4 Submittal of Final Report $4,747.00 5 As-Needed Support Services $4,436.00 Subtotal $35,000.00 TOTAL $70,000.00 Agreement shall not exceed $35,000 per Agreement year City Attorney Approved Version 6/12/18 9 Db-ed Labor C4Kt'i COASLU.. FRONTIERS CORPORATION 2019 RATE SCHEDCLE Direct labor charges are made for project-related consulting services pe:rfonued on behalf of the Client These services may inchJde engineering, technical typing, as in the preparation of reports and project documentation, duplicating, and shipping. Such charges are not made for office m;mageroent accounting, general secretarial se1vices. and maintenance, as these are included in our overhead. Effective January 1st. 2019. hourly rates for Coastal Frontiers peisonoel engaged in the perfonnance of consulting sen.ices are as follows: Job Classmcation Hourly Rate (U.S. $) Princlpal Fngioeer .................................................................................... $227.00 Senior Engineer/Senior Scientist ............................................................. $180.00 Engineer ll1Scieorist II ............................................................................. $158.00 Engineer !,Scientist I ................................................................................ $148.00 Technician ................................................................................................ $107.00 \\TOJd Pfocessor,,Drafter ............................................................................. $83.00 Support Seri.,ices ......................................................................................... $68.00 Overtime \\ill be charged at the standard hourly rates. Time spent in travel on behalf of the Client also will be charged at the standard hourly rates. ,,itb the exception that no more than eight hours of travel \\ill be charged in any one calendar day. \\"be:n expert witness testimony is provided. time spent uoder oath, as in the case of depositions and court appearances. will be charged at 1.5 times the standard hourly rates. These rates are not subject to escalation oc adjustment during the original agreement tenn. If C oasta1 Frontiers desires to utilize a&litional personnel whose cl.assifica1ions are not listed above in the perfonnance of a project their qualifications and hourly rates shall be submittM to the Client for prior approval of participation. Olhe1· Direct Costs CO . .\ST . .\L FRO~"TIERS C:ORPOR..\.110~ 2019 R.\.TE SCHEDULE Pagel Costs relating directly to the perf onnance of a project. other than Direct L:tbor Costs. will be charged at the billing or cost rate times 1.10. Such costs may include outside services. subcon.sult:mts. third-party equi.p:nent rentals, duplication. printing and photographic work third-party c0Jl1)Uter time. special insurance. tra\zel and transportation. subsistence or room and board long distance communications, and exceptional postage. ln-Hou<ie Equipme-nt Rtntal In-house equipmem rental charges are ma.de for the use of company-owned equipment dedicated to the perfoonance of the Client's project. Rates are as shown on the following page. In,·oices Invoices are submitted monthly and all fees are payable in U.S. Dollars \loitbin 30 days of date of invoice. Direct Labor charges lAlill be invoiced by employee, charge rate, and hours wOiked. Other Direct Cos1s \\ill be itemized and copies of receipts lAlill be furnished. In-House Equipment Rental charges will be invoiced by item, charge rate. and period of use. DIVING CO • .\SLU. FRONTIERS CORPORATIO~ 2019 RATE SCHIDl~ Page3 IN-HOUSE EQllPlJL'tj"T RI:l\"T_.\L R.\TES DAII..YRAIE • Arctic Di,'illg Equipmect, per Diver ............................................................................. $150 • Non-Arctic lliving Equipmeot per Dive.r ......................................................................... 55 • Dry Suit ('\llitbout Other Dil-ing Gear) ____ .............................................. ._ .......................... SO HYDROGR.\PHIC Sl;"R\ 'EY • c::>clc,m.Flj,'"<1:rotiac Echoc~ oo••••••••••••••••••HooOoOOO•••••••••••••••••••ouOO••••••••••••••••••••••••ouoo•o•••••• 95 • C..eeEcbo Shallo\\'" "\\7.ate:r Echosot.Jll.de:r ........... u.••···························································· lOO • Inflatable Boat and~·················································••············································· 225 • TSS DMS2-05 l\-fotion Sensor ........................................................................................ 160 • Pad:ditder 1:lro XR. GPS .... _ .............................................................................................. 190 • Hemisphere \:rs-110 GPS-·Heading Systemmnoouomuu .. HhUOo .. ,, .. u .. , ... .-......................... 125 • :Hesnispbere R-ll0GPS ..................................................................................................... 90 • Gannin GPSMap 196178SC GPS ...................................................................................... 40 • Casta-\l.i11j· CID .... ____ ......................................................................................................... 100 • Seabird SBE19 CID .......................................................................................................... 80 • ~Data .. ~tioo.C~ ............................. u••·········································· 6() • Hyl)3Ck:Ncl'\"i.gatioo Soh1U'e ........................................................................................... 100 • HJ"'Sl."'"eeJ> !\.fulti-Beam. Sonar Soft\\'ale ............................................................................ 100 • Hypack-Hym-eep C,ani:,mation Sofmiare ............................................. o••···············------· 150 SURVEY • Heolis:pbere GNSS RTK.Base1R.mw Set ....................................................................... 400 • :Hesnispbere 01'-~S GS}.{Nem.ra.i:RTKRo\.w ·······-···--····-·····•u••········--·--····-······ ... ·-···· 300 • lian:i.sphere GN~S I>ifferential-C>nly Rover .................................................................. 100 • Herrris:pbere-M 11:5 GPS ........................................ u•••······--···---···-········••n••·----·------······-···· 100 • :Hesnispbere A.325 RTK GPS Rm'er ................................................................................ 200 • Satel35WBase Radio ................ ·-··················································································• 150 • Cads.on Sun~-or Plus Data Collector .............................................................................. 50 • Tl'imble 5603 Electrnmc Total Station ............................................................................ 150 • Geodmle1el-Electra.tic Total Station ............................................................................... 150 • Phantan4 Pro UA \'." l·lapping Systeni ............................................................................ 750 • SU(\ey Equipment (Automatic Ler.~et Rod. and Tripod) ··········••n••--·········•······-·····••H••·•· 20 • Hand-Held u"HF,VHF Radios, per Radio ......................................................................... 15 • Satellite T~ ............................................................................................................. :!O • Nik:oD.H~· ···········---···········-···············--··········-.. ················-········••········· .. --............. 15 • All-Teaain \.'ebicle ............................................................................................................. 50 • Survi,'al Pack ...................................................................................................................... 50 • S-witlil: A\'iati.on SuniYal Suit with ACR.PI.B Beacon ................................................. 50 MEASL'REMENT co .. \SLU. FRO~TIERS CORPOR.\IlO)l 2019R..\IT SCHEDULE Page4 ~-HOUSE I:Ql'IP:\IU,"T RL'ffAL R..\TES (ronr.) DAII..YRATE • ·va1eport Tideoiaster Tide Gauge ....................................................................................... 50 • Petit Pooal' ~ Sanii>Jet· ................... ····---··········-·······-···········--·········-····· ................... 2:5 • ~ 63-10 \Vater Quality· lfeter ···········--·······----······----··················--·······---·········--········--··· 60 • 1-latch. 'I'SS P<>rtabJe, ~fetei--······--·········-····• .. ·n••·····••o-••········-·········-········----·······----············80 • &'\-IYomg !\·farioe \\rind:Mooitor and Data Collectoc ......................................... u ......... 25 COMPUTING • 1.aJ,t<ll) (Field Use) ..................................................................... u••····••u••··················••o••··· 45 • Color Printing (per s;-r, x 11 ·· page eqlJll:aleot) ················-····--·········--·--·····················-• 0.60 COAS-13 OP ID: GB ACORo·· CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~i~cT Gail Boudreaux Accessible Marine Insurance r:,gNJo Ext\: 504-486-5411 I r:,~ Nol: 504-482-1475 1145 Robert E Lee Blvd New Orleans, LA 70124 ~t1o"~~ss: gail@ami-ins.com Eric S. Green INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Underwriters At Lloyd's INSURED Coastal Frontiers Corp, Inc INSURER B: StarNet Insurance Company Greg Hearon INSURER c: StarStone National Ins. Co. 882A Patriot Drive Moorpark, CA 93021 INSURER D: Great American Ins. Co.N.Y. 22136 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE l"UUL i,>UtsK POLICY EFF POLICY EXP LTR INSn ,,,.,.,n POLICY NUMBER IIMM/DD/YYYYI I IMM/DD/YYYYI LIMITS COMMERCIAL GENERAL LIABILITY i EACH OCCURRENCE $ f---LJ CLAIMS-MADE □ OCCUR ! LN\M,,UC: '.Yi""" I C:LJ i PREMISES Ea occurrence) $ D X 3rd Party P&I OMH 2205771-03 07/17/2018 07/17/2020 MED EXP (Any one person) $ ~ ' ' PERSONAL & ADV INJURY $ ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl □PRO-□LOG POLICY JECT PRODUCTS -COMP/OP AGG $ OTHER P&I $ 1,000,000 AUTOMOBILE LIABILITY ~OMBINED SINGLE LIMIT $ f---Ea accident) ANY AUTO BODILY INJURY (Per person) $ f---ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accidenl) $ -~ NON-OWNED jp~?~tc~~~t?AMAGE HIRED AUTOS AUTOS $ f---- $ UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 4,000,000 ~ C X EXCESS LIAB CLAIMS-MADE AS9821A19MZA 07/06/2019 07/06/2020 AGGREGATE $ N/A OED I X I RETENTION$ NIL $ WORKERS COMPENSATION XI ~~fTUTE I I 0TH- AND EMPLOYERS' LIABILITY ER B Y/N X KEY0136566 04/01/2019 04/01/2020 1,000,00C ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,00C ~m::~rt~r8~ O~OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00C B MEL BOUM-A-19-1369 05/01/2019 05/01/2020 MEL 1,000,000 A Professional Liab 191270C2077 03/01/2019 03/01/2020 Prof Liab 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Waiver of Subrogation in favor of the certificate holder on the Worker's Compensation and MEL policies per written contract. CERTIFICATE HOLDER CANCELLATION CARLS01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE ~L~ I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME Coastal Frontiers Corp, Inc Hull & Machinery/ 3rd Party Protection & Indemnity: Carrier: Great American Policy Period: 07/17/2018 to 07/17/2020 Terms and Conditions Applicable to All Sections: Great American General Conditions Blanket Additional Assured/WOS Severability Terms and Conditions Applicable to Hull: A.I. Coastwise and Inland Hull Clauses Engines & Machinery -Actual Cash Value Engines & Machinery -Limited Perils Only Total Loss Hull Premium Earned Clause Transit & Shore Risk Vessel Stability Terms and Conditions Applicable to P&I: SP-38 Collision Liability -P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation P&I Crew Exclusion: COAS-13 OP ID: GB Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion Contractor's Equipment: Policy Period: 07/01/2019 to 07/01/2020 Policy Number: OMH 4016477-02 Owned Equip: $181,131 Rented/Leased: $300,000 Any One Item / $450,000 All Items Great American General Conditions-ACV Contractor's Equipment Floater Equipment Leased/Rented from Others Waterborne Coverage (Excluding Ice & Freezing) Include Alaska Territory ALASKAN PROJECT SPECIAL ENDORSEMENTS ALASKAN BEAUFORT SEA SURVEY PROJECT On the Contractor's Equipment-Equipment Leased or Rented from others (GAI 2095) the aggregate limit is amended an additional $868,675 to equal a total of $1,318,675 for the period not to exceed twenty five (25) days from TBA to TBA for the Alaskan Beaufort Sea Survey Project. Maritime Employers Liability: Berkley Offshore Maritime Employers Liability Coverage form Waiver of Subrogation Clause In Rem Liability AIMU Extended Radioactive Contamination Exclusion Clause AIMU Chemical, Biological, Bio-Chemical, & Electromagnetic Exclusion Clause AIMU U.S. Economic and Trade Sanctions Clause Terrorism Exclusion and Marine Buyback Endorsement TRIA Exclusion PAGE 2 Date 08/22/2019 NOTEPAD INSURED'S NAME Professional Liability: Coastal Frontiers Corp, Inc COAS-13 OP ID: GB The insurer shall not be liable for any claim against the Insured and/or joint Insured if the act, omission or circumstance giving rise to a claim occurred prior to the retro-active date. Retro-active date for Section 1 is May 4, 1996. Retro-active date for Section 2 is March 1, 2016. Including Service of Suit (USA) Institute Radioactive Contamination, Chemical, Biological, Biochemical, Electromagnetic Weapons Exclusion Clause Joint Liability Committee War & Terrorism Clause Institute Cyber Attack Exclusion Clause CL 380 US Terrorism Risk Insurance Act of 2002 As Amended -Not Purchased Clause Sanction Limitation and Exclusion Clause Worker's Compensation: Employers Liability Coverage Amendatory Endorsement -California Longshore & Harbor Workers Compensation Act Coverage -California Policy Amendatory Endorsement -California Waiver of Subrogation -California (Blanket) Alternate Employer Excess Liability (Protection & Indemnity): Exclusion -Crew Exclusion -Mold Exclusion -Lead Exclusion -Asbestos Swimming/Diving Exclusion Sanction and Limitaiton Exclusion Clause Institute Cyber Attack Exclusion Institute Extended RACE Clause and USA Endorsement Minimum Earned Premium Endorsement Vessel Pollution Coverage: Carrier: Great American Limit: $1,000,000 Policy Period: 07/17/2018 to 07/17/2020 Vessel Owners Pollution Coverage (B) (GAI 2196) "OPA 90/CERCLA -Policy Limit "Defense Costs -Within Policy Limits "Limited Administrative Penalties -$1,000,000 Occurrence Limit "Fire Fighting & Salvage -Policy Limit "Public Relations -$250,000 Occurrence Limit Vessel General Permit Endorsement -$1,000,000 Sublimit (GAI 2316) Damage to Real Property Ashore Endorsement -Policy Limit (GAI 2317) Criminal Defense Endorsement -$100,000 Sublimit (GAI 2319) Great American Vessel Owners Pollution Policy Excess Protection & Indemnity/ Vessel Pollution: Limit: $4,000,000 Each Ocurrence Terms/Conditions: Follow Form Excess Marine Liability Service of Suit Asbestos Exclusion Mold, Fungi, Bacteria, Virus and Organic Pathogen Exclusion Lead Exclusion Terrorism Exclusion Clause -Absolute Sanction Limitation and Exclusion Clause Maritime Employers Liability Exclusion Swimming and Diving Exclusion Institute Radioactive Contamination Exclusion Institute Extended Radioactive Contamination Exclusion (U.S.A.) Chemical, Biological, Bio-Chemical, Electromagnetic Weapons Exclusion Institute Cyber Attack Exclusion PAGE 3 Date 08/22/2019 ~ COAST-5 OP ID· r.1 ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 08/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). PRODUCER 925-932-0424 G~ti?.CT Michael L. Mansel RL Milsner a Member of PCF Ins PHONE 925-932-0424 I f.ifc. No):925-932-2317 CA License #0557311 (A/C, No, Ext): 1233 Alpine Rd ~~nAJI,;.,.,, Walnut Creek, CA 94596 R.L. Milsner Ins Brokerage INSURERIS\ AFFORDING COVERAGE NAIC# / INSURER A: West American Insurance Co. 8NSURE~ . INSURER B: Ohio Security Ins. Co 24082 oasta Frontiers Corporation INSURER c, American Fire and Casualty Co. rn~ LeidersdQrf t82 Pa~iot Drive INSURER D, StarStone Nat'I Ins. Co. oorpar , CA 93021-3544 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ~f,.L ~~~ POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITR A X COMMERCIAL GENERAL LIABILITY ' EACH OCCURRENCE $ 1,000,000 ~ □ CLAIMS-MADE [K] OCCUR X X BKW57195130 ' 04/01/2019 04/01/2020 ~~~b[i~J?F~~~~~?Ancel $ 500,000 ; 15,000 ' MED EXP (Anv one oerson\ $ -; 1,000,000 ! PERSONAL & ADV INJURY $ ' - ~'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY □ ~r8-r □ LOG PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: ' $ B ~TOMOBILE LIABILITY : fcc~~~~~~~,flNGLE LIMIT 1,000,000 $ ANY AUTO BAS57195130 04/01/2019 04/01/2020 BODILY INJURY /Per oersonl $ -OWNED -SCHEDULED AUTOS ONLY AUTOS ' BODILY INJURY /Per accident) $ -~ l X HIRED X NON-OWNED fpf),?~fc~d'IJRAMAGE $ AUTOS ONLY AUTOS ONLY $ C UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 4,000,000 -ESA57195130 04/01/2019 04/01/2020 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ ./ DED I I RETENTION$ $ WORKERS COMPENSATION I ~ffrnTF I I OTH-AND EMPLOYERS' LIABILITY FR Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ D Excess Liabi #2 714370190ALI 04/01/2019 04/01/2020 Excess Li 5,000,000 ✓ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carlsbad is included as additional insured as respects work wnormed b~ the named insured. Coverage is primary and non-contributory. aiver of Su rogation applies per written contract. Subject to policy terms and conditions. CERTIFICATE HOLDER CANCELLATION CITYCA2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite 200 Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE R.L. Milsner Ins Brokerage I r~ J/q,,o,a, ACORD 25 2016/03 © 1988-2015 ~ORD CORPORATION. All ri hts reserved. g The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKW57195130 COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): CITY OF CARLSBAD 799 PINE AVE SUITE 200 PARKS AND RECREATION DEPT CARLSBAD, CA 92008 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II • Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in- jury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing oper- ations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional Insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organization: CITY OF CARLSBAD 799 PINE AVE SUITE 200 PARKS AND RECREATION DEPT CARLSBAD, CA 92008 SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products-completed operations hazard". This waiver applies only to the person or organi- zation shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1