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HomeMy WebLinkAboutC-7577-1 - Revocable License Agreement for Temporary Use of Public Right of Wayr f" AMENDMENT NO. ONE TO REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ADVANCED MEDICAL PROPERTIES, LLC FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY THIS AMENDMENT NO. ONE TO REVOCABLE LICENSE AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of January, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ADVANCED MEDICAL PROPERTIES, LLC, a California limited liability company ("Licensee"), and is made with reference to the following: RECITALS A. On July 9, 2018, City and Consultant entered into a Revocable License Agreement ("Agreement") for the temporary use of public right of way between the street known as Old Newport Boulevard and the real property located at 330 Old Newport Boulevard in the City of Newport Beach, County of Orange, State of California ("Premises"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to April 9, 2019. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on April 9, 2019, unless terminated earlier as set forth herein." 2. INSURANCE Section 12 of the Agreement is amended in its entirety and replaced with the following: "Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee and its subcontractors shall obtain, provide and maintain at their own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as exhibit C, including any amendments thereto, and incorporated herein by reference." 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp 1z Lo �8 City Attorney ATTEST: Date: , §-�ItNO, Of1 City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grq6eA.Leung Cit tanager LICENSEE: ADVANCED MEDICAL PROPERTIES, LLC, a California limited liability company Date: 0 Signed in Counterpart Emanuel Shaoulian Managing Member [END OF SIGNATURES] Advanced Medical Properties, LLC Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 1 21/=,/ Z,-.) ( 8 By: �� 4NL62eG FOI.Aaron C. Harp AwiL'10'iQ City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager ATTEST: LICENSEE: ADVANCED MEDICAL Date: PROPERTIES, LLC, a California limited liability company Date: By: By: rvo'ff Leilani I. Brown Emanuel a uftarr' City Clerk Managing Member (END OF SIGNATURES] Advanced Medical Properties, LLC Page 2 r r Jr) REVOCABLE LICENSE AGREEMENT r BETWEEN THE CITY OF NEWPORT BEACH v AND ADVANCED MEDICAL PROPERTIES, LLC FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY THIS REVOCABLE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY ("Agreement") is made and entered into as of this 9th day of July, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City") and ADVANCED MEDICAL PROPERTIES, LLC, a California limited liability company ("Licensee"), 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 the City. B. City is the owner of the public right of way between the street known as Old Newport Boulevard and the real property located at 330 Old Newport Boulevard in the City of Newport Beach, County of Orange, State of California and further depicted in Exhibit "A" ("Premises"), C. Licensee is the owner of the real property at 330 Old Newport Boulevard in the City of Newport Beach, County of Orange, State of California, which is adjacent to the Premises. D. Licensee has requested that it be allowed to use a portion of the Premises depicted in Exhibit "B" ("License Area") for temporary staging of construction equipment and related appurtenances ("Project"). E. Pursuant to the terms and conditions of this Agreement and the Encroachment permit issued by the City on July 6, 2018 (N2018-0349) ("Encroachment Permit"), City authorizes Licensee's use of the License Area for the Project for the "Term" (as defined in section 4 hereof) of this Agreement. F. City Council Policy F-7 provides that the City may allow its property to generate revenue and as a means to provide otherwise unfeasible uses and facilities to benefit the community. G. City would like to assist Licensee complete the Project in a timely manner and with little disruption to the pedestrian and traffic circulation in the area. City and Licensee, therefore, desire to enter into this Agreement to allow Licensee to use the License Area on a non-exclusive basis, subject to the covenants and conditions set forth in this Agreement in order to facilitate the Project. H. In consideration of the mutual promises and obligations contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, City hereby grants to Licensee the revocable right to temporarily occupy and use the License Area, and Licensee accepts the same on the following terms and conditions. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. LICENSE City grants a non-exclusive license ("License") to Licensee for the term of this Agreement for Licensee to use the License Area, which is approximately six thousand four hundred (6,400) square feet in size, to facilitate the Project. The License granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Licensee covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this Agreement. 2. USE OF THE LICENSE AREA Licensee's use of the License Area shall be limited to the terms of this Agreement. 3. PERMITS AND LICENSES Licensee, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required by any governmental agency including Licensor. 4. TERM The term of this Agreement shall commence on the Effective Date, and continue for ninety (90) days unless terminated earlier as set forth herein. 5. RENEWAL The City Manager or designee may renew this Agreement for additional ninety (90) day terms if it is determined that (i) that the terms of the Agreement have been met; and (ii) the use by Licensee is not causing any negative impact on pedestrian or traffic circulation, parking, or surrounding properties and uses. Any renewals approved pursuant to this Section 5 must be in writing and approved as to form by the City Attorney for the City. 6. LICENSE FEE Licensee shall pay the City Six Thousand Three Hundred Dollars and 00/100 ($6,300.00) per month ("License Fee") which amount shall be due and payable on the Effective Date and each month thereafter (each, a "Due Date"). If Licensee fails to pay the License Fee within thirty (30) days of any Due Date, Licensee shall pay a late charge Advanced Medical Properties, LLC 2 in an amount equal to ten percent (10%) of the amount that was not timely paid by the Licensee. 7. THE PURPOSE OF THE LICENSE 7.1 The purpose of this Agreement is to provide for the temporary use of the License Area within the Premises. Use of area outside the License Area will not be allowed unless prior permission is given in writing by the City. Licensee agrees to use the License Area only for the activities described herein, and not to use or permit the use of the License Area for any other purpose without first obtaining the prior written consent of City, which consent may be withheld in City's sole discretion. Acceptable activities include: 7. 1.1 Placement of a commercial office trailer and portable restroom facility; 7.1.2 The temporary parking of vehicles and equipment; 7.1.3 Installation of k -rail and fencing consisting of a 6 -foot -high chain link fence and installation of a gate to provide City access to the Premises; 7.1.4 Storage of Project materials including storm water protection materials, piping, traffic control devices, steel plates, crew trucks, and construction materials; and 7.1.5 Licensee must comply with all conditions for the Encroachment Permit. 8. CONDITIONS OF LICENSE 8.1 Licensee shall comply with the following conditions prior to the commencement of use of the License Area: 8.1.1 The Licensed Area shall be temporarily fenced and screened on all sides for the duration of the Project. The height of fence shall be six (6) feet, and fence material shall be chain link metal fence overlaid on the exterior with an opaque vinyl screen, or other equivalent fencing and screening material as approved by the City's Building Official. 8.1.2 Prohibited Activities: storage of construction materials is expressly prohibited outside of the fenced area. No improvements to the License Area are permitted. 8.1.3 Maintenance: Licensee shall be responsible for maintenance of the License Area including, but not limited to, the routine removal of foreign material, waste, and debris. Licensee's obligation to maintain the License Area shall include a regular preventative maintenance program, together with routine repairs caused by normal wear and tear, to be provided by a licensed service company acceptable to City. Licensee shall obtain all required Building permits necessary for such repair. Advanced Medical Properties, LLC 3 8.1.3.1 City shall be entitled, with a Licensee representative, to inspect the License Area for compliance with the terms of this Agreement, and with all applicable Federal, State and local (including those of the City) government regulations. 8.1.4 Licensee shall 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. Licensee shall perform work to complete the Project to limit impacts to pedestrian and traffic circulation during the Project. Licensee shall be liable for any private or public property damaged during the performance of the Project. 8.1.5 Licensee shall provide traffic control and access in accordance with Section 7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic Control Handbook (WATCH), as published by Building News, Inc. 8.1.6 Traffic control and detours shall at a minimum meet the following requirements: 8.7.1.1 Emergency vehicle access shall be maintained at all times. 8.7.1.2 The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 8.7.1.3 All advanced warning sign installations shall be reflectorized and/or lighted. 8.7.1.4 Traffic signal system shutdown or planned "red flash" shall be limited to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday through Thursday), except as authorized by the Project Administrator. 6 8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area Signs," of the State Standard Specifications except that the base material for the signs shall not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each direction of traffic. Locations of the signs shall be per the WATCH manual. 9. TERMINATION OF LICENSE 9.1 Notwithstanding the term of this Agreement, this Agreement may be terminated during the term or any extended term in the following manner: 9. 1.1 By Licensee: At anytime, without cause, upon the giving of thirty (30) days written notice of termination to City; 9.1.2 By City: At any time, without cause, upon the giving of thirty (30) days written notice of termination to Licensee; or Advanced Medical Properties, LLC 4 9.1.3 If, after written notice of default by City to Licensee of any of the terms or conditions of this Agreement, Licensee fails to cure or correct the default within forty-eight (48) hours of receipt of written notice, City may immediately terminate the License. 10. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director, or designee, shall have the authority to act for City under this Agreement. The License Administrator or their authorized representative shall represent City in all matters pertaining to this Agreement. 11. INDEMNITY AND LIABILITY FOR DAMAGES 11.1 To the fullest extent permitted by law, Licensee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Licensee performs the Project contemplated by this Agreement (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"), and 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 Licensee's presence or activities conducted that relate in any way to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Licensee, employees, vendors, suppliers, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Licensee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Licensee. 11.2 Licensee shall be liable and responsible for the security, repair and maintenance of the License Area to the extent necessitated by Licensee's use of the License Area under this Agreement, for such time as this Agreement is in effect. Licensee shall use care to protect the License Area and restore it to its original condition to the satisfaction of the City when the License Area is not in use by Licensee. 12. INSURANCE Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee shall obtain, provide and maintain at its own expense during the term of Advanced Medical Properties, LLC 5 this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 13. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER This Agreement shall not be assigned or transferred without the prior written approval of City which approval may be withheld in the City's sole discretion. 14. CONFLICT OF INTEREST The Licensee or its employees may be subject to the provisions of the California Political Reform Act of 1974 ("Act"), which (a) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (b) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Licensee shall conform to all requirements of the Act. Notwithstanding Section 9.1.3, failure to conform to the requirements of the Act constitutes a material breach and is grounds for immediate termination of this Agreement by City. Licensee shall indemnify and hold harmless City for any and all claims for damages resulting from Licensee's violation of this Section. 15. NOTICE All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Licensee to City shall be addressed to City at: Public Works Department City of Newport Beach Attn: Public Works Director 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 15.1 All notices, demands, requests or approvals from City to Licensee shall be addressed to Licensee at: Advanced Medical Properties, LLC Attn: Emanuel Shaoulian P. O. Box 3227 Newport Beach, CA 92659 Advanced Medical Properties, LLC 6 16. STANDARD PROVISIONS 16.1 Recitals. City and Licensee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 16.2 Compliance with all Laws. Licensee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Licensee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 16.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 16.4 Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 16.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the License or any other rule of construction which might otherwise apply. 16.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Licensee and City and approved as to form by the City Attorney. 16.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 16.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 16.9 Taxes. Licensee acknowledges that the License granted herein may be subject to possessory interest taxes. Licensee shall have the sole obligation to pay any taxes, fees and assessments, plus applicable penalties and interest, which may be imposed by law and arise out of Licensee's License hereunder. Licensee shall indemnify, defend and hold harmless City against any and all such taxes, fees, penalties or interest assessed, or imposed against City hereunder. Advanced Medical Properties, LLC 7 16.10 No Third Party Rights. The Parties do not intend to create rights in or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 16.11 No Attorneys' Fees. In the event of any dispute under the terms of this Agreement the prevailing party shall not be entitled to attorneys' fees. 16.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (SIGNATURES ON NEXT PAGE] Advanced Medical Properties, LLC 8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE A California municipal corporation Date: %/Q/!g Date: Dl lea 1G By: �/��� By: Aaron C. Harp o-io9 %s Dave City Attorney City Manager ATTEST: �r LICENSEE: ADVANCED MEDICAL Date: b • PROPERTIES, LLC, a California limited liability company Date: By: 4" NmfK-- By: Leilani 1. Brown :!l.7iFC.nII . City Clerlk Attachments: Exhibit A: Exhibit B: Exhibit C: Managing Member [END OF SIGNATURES] Depiction of Premises Depiction of License Area Insurance Requirements Advanced Medical Properties, LLC 9 EXHIBIT "A" DEPICTION OF PREMISES Advanced Medical Properties, LLC Page A-1 EXHIBIT "B" DEPICTION OF LICENSE AREA Advanced Medical Properties, LLC B_1 EXHIBIT "C" INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee 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. Licensee agrees to provide insurance in accordance with requirements set forth here. If Licensee uses existing coverage to comply and that coverage does not meet these requirements, Licensee agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements A. Workers' Compensation Insurance. Licensee shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Licensee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Licensee performs the Project contemplated by this Agreement B. General Liability Insurance. Licensee shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Licensee shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Advanced Medical Properties, LLC Page C-1 covering bodily injury and property damage for all activities of Licensee 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 each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Licensee performs the Project contemplated by this Agreement or shall specifically allow Licensee or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Licensee performs the Project contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Licensee 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 other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City Advanced Medical Properties, LLC Page C-2 reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Licensee sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Licensee acknowledges and agrees that any actual or alleged failure on the part of City to inform Licensee of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Licensee or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Licensee's right to proceed until proper evidence of insurance is provided. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Licensee's Insurance. Licensee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. Advanced Medical Properties, LLC Page C-3 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 8/04/18 Dept./Contact Received From: Raymund Date Completed: 12/18/18 Sent to: Raymund By: Alicia / Jan Company/Person required to have certificate: Advanced Medical Properties, LLC Type of contract: Public Works I. GENERAL LIABILITY ® N/A EFFECTIVE/EXPIRATION DATE: 6/30/17 - 6/30/19 ❑ No A. INSURANCE COMPANY: Colony Insurance Company ❑ Yes B. AM BEST RATING (A-: VII or greater): A: XIII ❑ N/A C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes [D No D. LIMITS (Must be $1M or greater): What is limit provided? 1M/2M E. ADDITIONAL INSURED ENDORSEMENT — please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) ❑ Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed 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 included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ®No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No Il. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: Waived by Risk Management A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $21M min for Waste Haulers): What is limits provided? E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste N/A ❑ Yes ❑ No Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: Waived by Risk Management A. INSURANCE COMPANY: B. AM BEST RATING (A-: VII or greater): 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 HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? 12/18/18 Agent of Alliant Insurance Services Broker of record for the City of Newport Beach ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No 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: Risk Management approval needed due to GL carrier being non -admitted Also need sign off to waive Auto Liability and Workers Compensation requirement (exposure being picked up by General Contractor) 12/2/18 Risk Management signed off on Auto Liability & Workers Compensation in favor of GC Approved: Risk Management * Subject to the terms of the contract. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 12/1/18 Dept./Contact Received From: Raymund Date Completed: 12/7/18 Sent to: Raymund By: Jan Company/Person required to have certificate: Driver SPG, LLC (330 Old Newport Blvd) Type of contract: Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10/31/18 —10/31/19 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater): A / X INSURANCE COMPANY: Old Republic General Insurance Corporation C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M/$2M E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 COMPLETED OPERATIONS ENDORSEMENT (completed E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City N/A its officers, officials, employees and volunteers): Is it F. ADDITIONAL INSURED WORDING: included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured N N/A ❑ Yes is not limited solely by their negligence) Does endorsement I. NOTICE OF CANCELLATION: include "solely by negligence' wording? ❑ Yes N No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 10/31/18 —10/31/19 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater) A / X C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1M 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. ADDITIONAL INSURED WORDING: ❑ N/A N Yes ❑ No G. PRIMARY & NON-CONTRIBUTORY WORDING: ❑ N/A N Yes ❑ No H. HIRED AND NON -OWNED AUTO ONLY: N N/A ❑ Yes ❑ No I. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 10/31/18 —10/31/19 A. INSURANCE COMPANY: Old Republic General Insurance Corporation B. AM BEST RATING (A-: VII or greater): A / X C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY ® N/A ❑ Yes ❑ No V POLLUTION LIABILITY ® N/A ❑ Yes ❑ No VI BUILDERS RISK ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Broker of record for the City of Newport Beach 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 " Subject to the terms of the contract. Date