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HomeMy WebLinkAboutC-5206 - MSA for Balboa Island Beach MaintenanceAGREEMENT FOR MAINTENANCE SERVICES WITH TIGHT QUARTERS, INC. FOR BALBOA ISLAND BEACH MAINTENANCE I U THIS AGREEMENT FOR MAINTE A,NCE SERVICES ( "Agreement') is made and entered into as of this &" day of 2012, ( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and TIGHT QUARTERS, INC., a California Corporation ( "Contractor "), whose principal place of business is 2031 S. Anne Street, Santa Ana, California 92704 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 requires beach replenishment for various locations on Balboa Island. C. City desires to engage Contractor to excavate sand from the low tide line and spread it on the beach at the bulkhead for the Balboa Island Beach Maintenance ( "Project'). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Commencement Date, and shall terminate on December 3.1, 2012, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1. Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor'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. 3.3. Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as soon as reasonably possible, but no event 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 Contractor's control. 3.4. For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION 4.1. City shall pay Contractor 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 A and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Nineteen Thousand, One Hundred Fifty Dollars and 00/100 ($19,150.00) without written amendment to the Agreement. 5. ADMINISTRATION This Agreement will be administered by the Public Works Department. Shannon Levin, Harbor Resources Supervisor shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. TIGHT QUARTERS, INC. _ Page 2 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1. Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the Project Administrator. 6.2. All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest 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. 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1. City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 7.3. To the fullest extent permitted by law, Contractor 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 (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 Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 7.4. Notwithstanding the foregoing, nothing herein shall be construed to require Contractor 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 TIGHT QUARTERS, INC. Page 3 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. 7.5. Contractor shall perform all Project Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Project Work. 7.6. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.7. The rights and obligations set forth in this Section shall survive the termination of this Agreement. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 9. COOPERATION Contractor 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 Contractor on the Project. 10. INSURANCE 10.1. Without limiting Contractor's indemnification of City, and riop r to commencement of Work, Contractor 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. The cost of such insurance shall be included in Contractor's bid. 10.2. Coverage and Limit Reouirements. 10.2.1. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance TIGHT QUARTERS, INC. Page 4 with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor 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 subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 10.2.2. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. 10.2.3. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor 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. 10.2.4. Builders Risk. For Agreements or Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and /or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 10.3. Other Insurance Provisions or Requirements. 10.3.1. Evidence of Insurance. Contractor 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 and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond TIGHT QUARTERS, INC. Page 5 documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 10.3.2. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 10.3.2.1. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 10.3.2.2. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 10.3.2.3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.4. 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. 10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required. 10.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which TIGHT QUARTERS, INC. Page 6 may include reduction or elimination of the self- insured retention; substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 10.7. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 10.8. Waiver. 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 Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. 10.9. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non- compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 10.10. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 10.11..City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. 10.12. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. 10.13. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. TIGHT QUARTERS, INC. Page 7 if�3i7►I_�]L`[�3 11.1. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement and in the form attached hereto as Exhibit C which is incorporated herein by this reference; and a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit D which is incorporated herein by this reference. 11.2. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 11.3. The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 12. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. i I� �Y 9 3 K �L t �; i Lt �i 1 l►. L e.' City and Contractor agree that subcontractors may be used to complete the Work outlined in the Scope of Work provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Agreement shall create any TIGHT QUARTERS, INC Page 8 contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 14. WITHHOLDINGS City may withhold payment to Contractor 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. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor 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. 15. CONFLICTS OF INTEREST 15.1. The Contractor 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. 15.2. If subject to the Act, Contractor 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. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES 16.1. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor 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 Contractor to City shall be addressed to City at: Attn: Shannon Levin City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949- 644 -3041 Fax: 949- 723 -0589 16.2. All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: TIGHT QUARTERS, INCA �i Page 9 Attn: Dan Powers TIGHT QUARTERS, INC. 2031 S. Anne Street, Santa Ana, CA 92704 Phone: (714) 557 -7901 Fax: (714) 241 -3820 MilIEel 1O 941WAM61 17.1. Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 et sec.). 18. TERMINATION 18.1. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 18.2. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 19. STANDARD PROVISIONS 19.1. Compliance with all Laws. Contractor 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. TIGHT QUARTERS, INC. Page 10 19.2. Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19.3. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 19.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 19.5. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 19.6. Effect of Contractor's Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 19.7. 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. 19.8. Eaual Opportunity Employment. Contractor 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. 19.9. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 19.10. 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. 19.11. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 19.12. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. TIGHT QUARTERS, INC. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date: LlZ�1 rs By: Aaron C. v� City Attorney !�^_ ATTEST: Date: 57' By: 44— Leilani I. Brown City CITY OF NEWPORT BEACH, A Californi�a mu�nicipal corporation Date: �/z //z :_ �p�rf-G. Badum P lic Works Director CONSULTANT: TIGHT QUARTERS, INC., a California Corporation Date: By: —'X� YIyd T. Cottam Pr sident Date: -7- 1 °[-1 By: *nw Tr Controller [END OF SIGNATURES] Attachments: Exhibit A - Scope of Work and Fee Schedule Exhibit B - Labor and Materials Payment Bond Exhibit C - Faithful Performance Bond TIGHT QUARTERS, INC. Page 12 EXHIBIT A SCOPE OF WORK ARID FEE SCHEDULE SCOPE OF WORK Submitted To ©sos2v 2031 S. Anne Street, Santa Ana, Ca 92704 (714) 557 -7901 (Fax) 714 241 -3820 Project Information Date: May 1, 2012 Contact Information Newport Beach Harbor Beach Replenishment Phone: (949) 644 -3041 Resources Various locations on Balboa Fax: (949) 723 -0589 829 Harbor Island Dr. Island Cell: Newport Beach, Ca. 92660 Email: SLLevin @newportbeachca.gov We hereby submit specifications and estimates for: Grading: Excavate sand from low tide line and spread on beach at bulkhead Work to be done at multiple locations on Balboa Island South Bay Front at Garnet Avenue 630 cubic yards South Bay Front at Opal Avenue 500 cubic yards South Bay Front at Coral Avenue 800 cubic yards South Bay Front at Onyx Avenue 800 cubic yards South Bay Front at Crystal Avenue 800 cubic yards South Bay Front at Turquoise Avenue 800 cubic yards North Bay Front at Grand Canal 500 cubic yards Yardage amounts are approximates Tight Quarters will provide laborers for clean up and public safety Tight Quarters will provide ramps on and off of beaches City will assist Tight Quarters with mooring disconnections and hook ups City will remove and replace all benches at end of streets City will provide parking permits and street closures where necessary City will provide all permits Exclusions: Permits. Asbestos Testing /Abatement Excludes dredging VARIATIONS TO THE ABOVE CREATING ADDITIONAL COSTS WILL BE CHARGED ACCORDINGLY. WE PROPOSE hereby to furnish material and labor- complete in accordance with above specifications, for the sum of: Nineteen Thousand One Hundred Fifty Dollars "' $1,9,150.00 PAYMENT DUE 100% ON COMPLETION PRICE GOOD FOR 30 DAYS Or PROGRESS PAYMENT DUE UPON RECEIPT Authorization to Proceed X Date Permit # Must be signed and returned prior to project start _ Estimator: Dan Powers EXHIBIT B CITY OF NEWPORT BEACH BOND NO, 71276292 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to TIGHT QUARTERS, INC, hereinafter designated as the "Principal," a contract for the BALBOA ISLAND BEACH MAINTENANCE, located on BALBOA ISLAND in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or Is about to execute the Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisigns, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any Work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, WRATERN SURETY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Nineteen Thousand, One Hundred Fifty Dollars and 001100 ($19,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other Work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such Work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such Work and labor., then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also ... jrj case suit isbrought to _ �._.__"enTorce the ob�ligaions 'oi fTt s�ond, a reasonable�a#torney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. C-1 I Page EXHIBIT B The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3217 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does j hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond, IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 21st day of MaY , 2012. TIGHT QUARTERS, INC. Name of Contractor (Principal) WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave., 41st Floor Chicago, IL 60604 Address of Surety 605-336-0850 Telephone PRESIDENT Signature/Tiile_ Authorized Agent Signature L. Davis, Ass't. Sec. Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ­_..............._.._................._... I ... ....... _.. C-2IPage ACKNOWLEDGMENT State of California County of Orange ) On 5/21/2012 before me, _ Kelsey A. Pritchard (insert name and title of the officer) personally appeared Telford T. Cottam who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. KELSEY A PRITCHARD r COMM. # 1884022 :E � . NOIAORANGE COURY PUBLIC RNIA T N Signature I 1 iT I � I (Seal) Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71276292 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint L. Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Tight Quarters, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 1 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, angporate seal to be affixed this 21st day of May 2012 WES SURE Y COMPANY Paul T. Bruflat enior Vice President .. a' STS SOJU� STA �� eAEiA ss COUNe. >. On this 21st day of May in the year 2012 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation. +yyhyy5y5yyeh5yyye5gyhysy + r D. KRELL s S s AE NOTARY PUBLIC SEAL s otar Public - South Dakota s XQUOUTH DAKOTA f y +406sS4S4444S5�aA5�s5�ssy44Y + My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21st day of May 2012 WES R SURE Y COMPANY Paul T. Bruflat enior Vice President Form F5306-9-2006 CITY OF NEWPORT BEACH EXHIBIT C BOND NO. 71276292 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 575.00 , being at the rate of $ 30. p0 thousand of the Contract price. WHEREAS, Principal has executed or is about to execute the Contract and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract. WHEREAS, the City of Newport Beach, State of Califomiia, has awarded to TIGHT QUARTERS, INC. hereinafter designated as the "Principal," a contract for the BALBOA ISALDN BEACH MAINTENANCE, located on BALBOA ISLAND in the City of Newport Beach, in strict conformity with the Contract on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Nlnteteen Thousand, One Hundred Fifty Dollars and 001100 ($18,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made. as therein provided on .its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or falls to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and In addition to the face amount specified In .this Performance Bond, there shall be Included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the D-1 I Page EXHIBIT C event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the Work to be performed thereunder shall in any way affect Its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the Work or to the specifications, This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21st day of Ma , 2012. TIGHT QUARTERS, INC. PRESIDENT a Name of Contractor (Principal) �. ed Signature/Titfle WESTERN SURETY COMPANY Name of Surety 333 S. Wabash Ave. , 41st Flocr Chicago, IL 60604 Address of Surety 605-336-0850 Telephone thorized Agent Signature L. Davis, Asst. Sec. Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED _... ................ .....................�,.... -..-......,.....,,_......._..._........... ._......... ... ........................ ._......... _............ D-2IPage ACKNOWLEDGMENT State of California County of Orange ) On 5/21/2012 before me, Kelsey A. Pritchard (insert name and title of the officer) personally appeared Telford T. Cottam who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature KELSEY A. PRITCHARD c COMM. # 1884022 g NOTARY PUBLIC CALIFORNIA ORANGE COUNTY ^' (Seal) My �'^• expose Mar. 26, 2014 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 71276292 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint L. Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Tight Quarters, Inc. Obligee: City of Newport Beach Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 1 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, anAMporate seal to be affixed this 21St day of May 2012 WESR SURE Y COMPANY Paul T. Bruflat enior Vice President On this 21st day of May , in the year 2012 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id corporation. +444444444444444444444444 + a D. KRELL s s SEAL NOTARY PUBLIC SEAL i otar Public -South Dakota s f -SOUTH DAKOTA 3 444444444444444444444444 + My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 21st day of May 2012 WESR SURE Y COMPANY Paul T. Bruflat enior Vice President Form F5306-9-2006 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 8 -2 -12 Dept. /Contact Received From: Tania Date Completed: 8 -2 -12 Sent to: Tania By: Carol /Joel Company /Person required to have certificate: Tight Quarters Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE /EXPIRATION DATE: 7- 14- 12/7 -14 -13 A. INSURANCE COMPANY: Interstate hire and Casualty Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): INSURANCE COMPANY: American Automobile Ins. Co. Is Company admitted in California? ❑ Yes ®No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000 /2,000,000 E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does ® Yes ❑ No not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 1,000,000 Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it N/A included? ® Yes ❑ No I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 0 Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured HIRED AND NON -OWNED AUTO ONLY: is not limited solely by their negligence) Does endorsement H. include "solely by negligence" wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 7- 14- 12/7 -14 -13 A. INSURANCE COMPANY: American Automobile Ins. Co. B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided ?) N/A F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 9 Yes ❑ No Ill, WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1- 01- 1211 -01 -13 A. INSURANCE COMPANY: California Insurance Company B. AM BEST RATING (A-: VII or greater): A: Vlll C. ADMITTED Company (Must be California Admitted): D. WORKERS' COMPENSATION LIMIT: Statutory E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater) F. WAIVER OF SUBROGATION (To include): Is it included? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK Approved: 1 % Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 8- 02- 2012 Date ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ?/ /�NJ=E1RM 10410= RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ N/A ® Yes ❑ No Reason for Risk Management approval /exception /waiver: Approved: Risk Management Date * Subject to the terms of the contract. ACCMD?® CERTIFICATE OF LIABILITY INSURANCE DATEIMMIODM'ri) 7/12/21012 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder In an ADDITIONAL INSURED, the pollcygeu) must be endorsed. If SUBROGATION IS WAIVED, subject to the Isms and conditions of the Policy, certain policlad may requlro an endomemsnt. A statement on this certificate doeo not center rights to the cardllcdtc holder In Ilan of ouch ondomementlo). PRODUCER TRI WORLD INSURANCE AGENCY INC 4500 Campus Drive # 670 Newport Beach, CA 92660 -1830 MUSL NAME: HELEN S K SO. (949)756-0863 ache 949 756 -1356 Mks: INSUM51 et APFORDtHO CDYEMaE NArcA INSURER A: INTERSTATE FIRE & CASUALTY CO. 22829 INSURED TIGHT QUARTERS, INC. 2031 S. ANNE STREET SANTA ANA, CA 92704 INSURER B: AMERICAN AUTOMOBILE INS. CO. 21849 INSURER C: CALIFORNIA INS. CO. A VIII 138865 INSURER D: GREAT AMERICAN INS CO 16691 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. LM TYPE OF INSURANCE MUSL POLICY NUMBER MMM (MhU9WM LIMITS GENERAL LIABILITY EACH OCCURRENCE 6 11000,000 PREMISES Ea oow rem 5 300,000 X COMh1ERCIAL GENERAL LU 91L TY CLAIMS.MADE 171 OCCUR MEOE*(MyPne Paravn) 4 5,000 PERSONAL SADVINJURY Is 1 000 000 A X XCU INCLUDED DAN1000243 07/14/12 07/14/13 CONTRACTUAL GENERAL AGGREGATE 15 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS -. COMPIOP A00 4 2,000,000 POLICY X P D LOO is AUTOMOBILE LIABILITY Ee D demY 1,000 000 X BODILY INJURY (Par pvrwnl 8 B ALL OWNED SCHEDULED AUTOS AUTOOS EO X HIRED AAUTS MYA80291935 07/14/12 07/14/13 BODILY IWURY(Pat accidanD 4 X Par aldnt S 4 UMBRELLA LIAR OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIMB CLAIMS -MADE DED RETENTIDNS S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRCPRUVIORMARTNERRXEGUTIVE YIN OPRCERMEMOW EXCLUDED?' F IMardamry In Min NIA 46- .00687.5 -01 -01 01/01/12 01/01/13 X E.L. EACHACCIDENT S 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1 000 000 11 dew ba under DESCRIPTION OF OPERATIONS W. E.L. DISEASE - POLICY LIMIT S 1,000,000 D RENTED /LEASED MAC749040 08/14/11 08/14/12 $200,000 RENTED /LEASED MA 749040 .08/14/12 08 14 1 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES (Aaacti ACORD 101. AddAlaal RPmaI a Sahsd A0.I more space b requead) RE: BEACH REPLENISHMENT PROJECTS - VARIOUS LOCATIONS ADDITIONAL INSURED ENDORSEMENT W /PRIMARY & NON CONTRIBUTORY CLAUSE ATTACHED, WAIVER OF SUBROGATION ON GENERAL LIABILITY & WORKERS COMPENSATION ATTACHED. TEN (10) DAY NOC FOR NON PAYMENT OF PREMIUM, THIRTY (30) DAY NOC ALL OTHER AND APPLIES TO ALL LISTED POLICIES. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIFR:J�TION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANS WITH THE POLICY PROVISIONS. annonoAlin+mnA) Th. annon n . Anal 1�� e.e .mnlAro.edN.,e.We M annon INTERSTATE FIRE & CASUALTY CO. INSURED: TIGHT QUARTERS, INC. COMMERCIAL GENERAL LIABILITY POLICY #DAN 1000243 CG 20 37 10 01 THE ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWN ERS9 LESSEES OR � I�>'�� ? �.� a 1 ; r�l ��� , 111'• I I" i I i I lb 1�I 1" I !: � I I l�l �� . 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 NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Location / Description: ALL OPERATIONS Section II - Who Is An Insured Is amended to Include as an additional Insured the person or organization shown In the schedule, but only with respect to liability arising out of "your work" at the location designated and described In the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". PRIMARY INSURANCE CLAUSE: To the extent that this Insurance Is afforded to any additional insured under this policy, such insurance shall apply as primary and non contributory with any insurance carried by such additional Insured, as required by written contract. CG 20 37 10 01 © ISO Properties, Inc., 2004 Page 1 of 1 INTERSTATE EIRE EL CASUALTY CO. INSURED: TIGHT QUARTERS, INC. POLICY NUMBER: DANS000243 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES & VOLUNTEERS Location / Description: ALL OPERATIONS (If no entry appears above, Information required to complete thin endorsement will be shown In the Declarations as applicable to this endorsement.) A. Section It - Who Is An Insured Is amended to Include as an Insured the person or organization shown In the Schedule, but only with respect to liability arising out of your ongoing operations performed for that Insured. B. With respect to the Insurance afforded to these additional Insureds, the following exclusion Is added: 2. Exclusions: This Insurance does not apply to "bodily Injury° er "property damage" occurring after: (1) All work, Including materials, part or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additonal Insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. PRIMARY INSURANCE CLAUSE: To the extent that this Insurance Is afforded to any additional insured under this policy, such Insurance shall apply as primary and non contributory with any insurance carried by such additional Insured, as required by written contract. CG 20 10 10 B3 0I90 Properties, Inc. 2000 Page 1 of 1 el POLICY NUMBER: DAN1000243 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. _i 4W IF:f,R: OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As Required By Written Contract CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS DESCRIPTION /LOCATION: ALL OPERATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following is added to Paragraph 8. Transfer of Rights of Recovery Against Others To Us of SECTIONS IV — COMMERCIAL GENERAL 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 organization shown in the Schedule above. CG 24 04 06 09 Copyright, Insurance Services Office, Inc. 2005 Page 1 of I Moore, Tania From: Anderson, Cheryl Sent: Friday, August 03, 2012 3:35 PM To: 'Joel Griffin'; Moore, Tania Cc: Renee McRaven; Carol Hart, Korie DeBartolo Subject: RE: Tight Quarters Risk Management approves non - admitted status. Thanks, e/aevi 118Ose¢d "09ndeason Human Resources Supervisor City of Newport Beach Phone (949) 644 -3307 Fax (949) 723 -3509 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you. From: Joel Griffin [mailto :]Griffin @alliantinsurance.com] Sent: Friday, August 03, 2012 3:17 PM To: Moore, Tania Cc: Anderson, Cheryl; Renee McRaven; Carol Hart; Korie DeBartolo Subject: RE: Tight Quarters Hi Tania, Attached is the checklist, approved pending Risk Management approval for the non - admitted GL carrier. Thanks! Joel Griffin, AIS, AINS CSAC EIA Assistant Program Representative Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660 Phone: (949) 660 -5900 Fax (619) 699 -0906 0griffin(a )alliantinsurance.com www.alliantinsurance.com CA License #OC36861 From: Moore, Tania r mailto :tmoore(alnewoortbeachca.00v] Sent: Friday, August 03, 2012 2:48 PM To: Joel Griffin Subject: RE: Tight Quarters Hi Joel,