HomeMy WebLinkAboutC-8198-1 - On-Call M/RSA for Weed and Pest Control ServicesAMENDMENT NO. 1 TO
p� ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RPW SERVICES, INC. FOR
WEED AND PEST CONTROL SERVICES
V THIS AMENDMENT NO. 1 TO ON-CALL MAINTENANCE/REPAIR SERVICES
AGREEMENT ("Amendment No. 1") is made and entered into as of this 16th day of
November, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and RPW SERVICES, INC., a
California corporation ("Contractor"), whose address is Post Office Box 2342, Fullerton,
California 92837 and is made with reference to the following:
RECITALS
A. On July 27, 2016, City and Contractor entered into an On -Call
Maintenance/Repair Services Agreement ("Agreement") for Weed and Pest
Control Services.
B. Since entering into the Agreement, the volume of work needed by the City
covered by the Agreement is higher than originally anticipated. Such work
includes providing on-call maintenance and/or repair services for City ("Project").
C. The parties desire to enter into this Amendment No. One to increase the total
compensation for the Agreement to account for the increased volume of work not
anticipated at the time of executing the Agreement and to extend the term of the
Agreement, as amended by this Amendment No. One.
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 December 31, 2017, unless terminated earlier as set forth herein."
2. COMPENSATION TO CONTRACTOR
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Forty Five Thousand Dollars and 00/100
($45,000.00), without prior written amendment to the Agreement."
The total amended compensation reflects Contractor's additional compensation
for Services to be performed in accordance with this Amendment No. 1, including all
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reimbursable items and subconsultant fees, in an amount not to exceed Fifteen
Thousand Dollars and 001100 ($15,000.00).
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]
RPW Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: (I 116
A
Rv-
r
Aaron C. Harp WCA 6
City Attorney e3v�
ATTEST:
Date: 10�
By: a, mi I
Leilani I. 6rown
City Clerk
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: ci(fO
By:
Mike Pisani
Municipal Operation Director
CONTRACTOR: RPW Services, Inc., a
California corporation
Date:
Signed in Counterpart
By:
Paul Webb
President
Date:
Signed in Counterpart
Bv:
Karla Webb
CFO
[END OF SIGNATURES]
RPW Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I -lq 716 _
0
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
\bO`-1�1b
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Mike Pisani
Municipal Operation Director
CONTRACTOR: RPW Services, Inc., a
California corporation
[END OF SIGNATURES]
RPW Services, Inc. Page 3
ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH RPW SERVICES, INC. FOR
WEED AND PEST CONTROL SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 27th day of July, 2016 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and RPW SERVICES, INC., a California
corporation ("Contractor'), whose address is Post Office Box 2342, Fullerton, California
92837, 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 desires to engage Contractor to perform on-call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 8, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or 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 within two (2) calendar days of the occurrence causing the delay 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 defined herein, not later than two (2) 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
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Thirty Thousand Dollars and 001100
($30,000.00), without prior written amendment to the Agreement.
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Kevin Holman to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Landscape Manager or designee 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.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
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existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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 or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 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 community professional standards and with the ordinary
degree of skill and care that would be used by other reasonably competent practitioners
of the same discipline under similar circumstances. All Services shall be performed by
qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and legally recognized
professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof, and all
persons and entities owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services 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 and/or Services by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 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 and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
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9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services 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,
attorneys' 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).
9.4 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 attorneys' 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
Contractor.
9.5 Contractor shall perform all 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 Work by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of 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 expressed terms of this Agreement. No
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civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. 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 of the Work 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.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its 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, and incorporated herein by reference.
15. 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
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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.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any 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. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
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19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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.
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24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Landscape Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Kevin Holman
RPW Services, Inc.
2473 E. Orangethorpe Ave.
Fullerton, CA 92837
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Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this 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. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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
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such default, and thereafter diligently take steps to cure the default, the non-defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 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
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breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 Equal 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 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 (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By: , - -
Aaron C. Harp n RUR
City Attorney yam,,.
ATTEST: f�
Date:
By:."k �U f�l�/1 U►�r `�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 9 -"3 1
By:
Mike Pisani
Municipal Operation Director
CONTRACTOR: RPW Services, Inc., a
Californi or ion
Date:
By
P
President
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
RPW Services, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
• DESCRIPTION OF PROJECT
RPW Services will provide all labor, equipment and materials to provide Plant
Health Care services to the City of Newport Beach.
o This will include insect, disease and fertilization for the City's trees and other
landscape materials.
o This will also include any weed control services as required for the City.
o All pesticide operations, where required, shall be performed by a
California State Licensed pest control operator through written
recommendation by a California State Licensed Pest Control Advisor.
The Contractor shall be responsible for compliance with all local, state,
and federal laws and regulations regarding pesticide usage.
PESTICIDES
o The City shall maintain all documents that pertain to the use of pesticides
on its property.
o Contractor shall provide the Project Administrator with all of the following
in paper and electronic format:
• A copy of Contractor's
Commissioner's "Restricted
numbers".
Orange County Agricultural
Materials Permit/Operator I.D.
• A written "Pest Control Recommendation" for each site
before Contractor uses any pesticide. Recommendation
shall include a label and Material Safety Data Sheet for the
pesticide proposed. Each complete set of recommendations
shall be submitted in a binder (provide two (2) bound copies)
• A "Pesticide Use Daily Record" for any site that a pesticide
was used, within twenty-four (24) hours of application. Total
amounts of pesticides applied shall be submitted weekly.
• A weekly schedule indicating locations to be treated. If a
restricted pesticide is going to be used, a copy of the "Notice
of Intent To Use Restricted Materials", must be submitted
twenty-four (24) hours before application.
RPW Services, Inc. Page A-1
• An annual Proposed Pesticide List including the
Environmental Protection Agency numbers and caution level
of all the pesticides Contractor intends to use for this
contract, and shall be approved by Project Administrator
before any such use.
• The pest control operator shall be provided a complete spray
rig with a minimum one -hundred (100) gallon tank. The cost
of all pesticides will be borne by the Contractor.
o All pesticides proposed to be used must be submitted to City with
application location and written recommendation from the Contractor's
Pest Control Advisor prior to use. All materials must be properly labeled
and certified for intended use. Proper and legal disposal of any and all
pesticides used is solely the responsibility of the Contractor. All state,
county, and city laws regarding pesticide use and disposal must be
followed.
o The Contractor shall not use any pesticide that has not been authorized by
the Project Administrator in writing.
o All pesticides proposed to be used must be submitted to City with application
location and written recommendation from the Contractor's Pest Control
Advisor prior to use. All materials must be properly labeled and certified for
intended use. Proper and legal disposal of any and all pesticides used is
solely the responsibility of the Contractor. All state, county, and city laws
regarding pesticide use and disposal must be followed.
o The City requires that the applicator posts signage adjacent to turf areas to be
treated prior to the application, and the applicator shall remain at the treated
area until the pesticide has dried. Once the pesticide has dried signage may
be removed. Some pesticides may require more advanced posting or a
longer period prior to re-entry. If so, follow the pesticide's label.
RPW Services, Inc. Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Service
Quantity
Cost
Unit
Tree Spraying
Medium to Large Trees
(Up to 30 feet)
20+ trees
$20.00
each
Less than 20 trees
$35.00
each
Truck Banding
(Up to 10 inch DBH)
20+ trees
$35.00
each
Less than 20 trees
$50.00
each
PGR's trunk banding
(Up to 10 inch DBH)
20+ trees
$50.00
each
Less than 20 trees
$75.00
each
Soil Injections
(Up to 10 inch DBH)
20+ trees
$35.00
each
Less than 20 trees
$55.00
each
Fertilization Drenching
(Up to 10 DBH)
20+ trees
$20.00
each
Pricing for larger trees will require a letter proposal approved by the City prior to any
work being completed. DBH is defined as Diameter at Breast Height.
Contractor shall perform all Work 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.
RPW Services, Inc. Page B-1
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior 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. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor 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. Contractor 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.
Contractor 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 Consultant performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor 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, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
RPW Services, Inc. Page C-1
covering bodily injury and property damage for all activities of 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 each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5 -year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gases, waste materials, or other
irritants, contaminants, or pollutants. The CPL shall also provide coverage
for transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would
be to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered
by such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the
policy.
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 Consultant performs the Project
and/or Services contemplated by this Agreement 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 from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, 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
RPW Services, Inc. Page C-2
legal control of the property upon which Consultant performs the Project
and/or Services 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. 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 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 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 Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
RPW Services, Inc. Page C-3
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. 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.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant 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 Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. 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.
I. Contractor's Insurance. Contractor 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.
RPW Services, Inc. Page C-4
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On , 20 before me,
Notary Public, personally appeared
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 signatures(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
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
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 signatures(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
RPW Services, Inc.
(seal)
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/7/16 Dept./Contact Received From: Rachell
Date Completed: 9/7/16 Sent to: Rachell By: Alicia
Company/Person required to have certificate: RPW Services Inc.
Type of contract:
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10/8/15-10/8116
A.
INSURANCE COMPANY: Wesco Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1M/2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
E 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?
E 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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7110/16-7/10/17
A.
INSURANCE COMPANY: Mercury Casualty Company
B.
AM BEST RATING (A-: VII or greater) A+; XII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E 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?
1M
E
LIMITS Waiver of Auto Insurance / Proof of coverage IN individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/24/15-10/24/16
A.
INSURANCE COMPANY: National Casualty Company
B.
AM BEST RATING (A-: VII or greater): A+: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1M
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 ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY EFF 10/8/15-10/8/16
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/7/16
Date
® 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:
Approved:
Risk Management Date
* Subject to the terms of the contract.
..��. RPWSE-1 OP ID: RO
ACORO" CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD
0 711 212 01 01 6 6
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Fullerton Insurance Service
CDI #0596796
P.O.BGx 4054
Fullerton, CA 92834.4054
CONTACT Commercial Lines Dept.
PHONE F'� 714-447-0011
AIC EM :714-577-5800 A/c, No
E-MAIL
ADDRESS: rec@fullertoninsurance.Com
Kevin P. McCarthy
INSURERS) AFFORDING COVERAGE NAIL i
INSURER A: Mercury Casualty Company 11908
EACH OCCURRENCE $
INSURED R P W Services, Inc.
P. O. Box 2342
INSURER e:
Fullerton, CA 92833
INSURER C
GENERAL AGGREGATE $
PRODUCTS - COMPIOP AGG $
NSURER D :
INSURER E
X
INSURER F:
CCA0014806
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.
!NSR
LTRMIDffim-
TYPE OFINSURANCE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 1768
POLICY NUMBER
MNIDDlYYYY
MM�IDI UfYYYP
LIMITS
COMMERCIAL GENERAL LIABILITY
CI_MMS-MADE F� OCCUR
I
I
EACH OCCURRENCE $
PREMISES Ea occunancs$
MEDEXP(Anyoneperson) $
PERSONAL$ADVIWURY $
GEN'L AGGREGATE UMIT APPLIES PER
POLICY JECCTT F7 LOC
OTHER:
GENERAL AGGREGATE $
PRODUCTS - COMPIOP AGG $
$
AUTOMOBILE LMBILITY
A X ANYADTO
ALL OWNEDSCHEDULED
AUTOS AUTOS
NON-0WNED
X HIREDAUTOS X AUTOS
X
CCA0014806
0711012016
07110/2017
COMBINED SINGLE LIMIT
Ea $ 1,000,00
BODILYINIURY(Perperson) $
MMLYIWURY(PeracddeM) $
PROPERTYDAMAGE $
Paraccitlenl
E
UMBRELLA LIMB
EXCESS LUIB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE $
AGGREGATE $
DEO I
I RETENTION$
$
WORKERSCOMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNER,EXECUTIVE
OFFICEWMEMBER EXCLUDED? ❑
(Mandatory In NH)
If ves, describe under
DESCRIPTION OF OPERATIONS below
NIA
TH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $
E.L. pSEASE-PoUCY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Cittyy of Newport Beach is named as additional insured as respects to the
aufomobile policy limits.
CERTlnrATE HOLDER r&MrFI I ATinN
CITYOFN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Cit Of Newport Beach
Y P
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 1768
Newport Beach, CA 92658-8915
AUTHORIZED REPRESENTATIVE
®1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
®
A� V CERTIFICATE OF LIABILITY INSURANCE
DATE(MMMWYYYY)
08/02/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(a).
PRODUCER
Van Baurden Ina. Serv, Inc. - %ingsburg
PO Box 67
%ingsburg CA 93631
NAO.NT
PHONE FAX
(559) 897-2975 4:(559) 897-4070
A-MAAIL heinrichs®vanbsurden.com
NBUR£R(S)AFFORDING COVERAGE NAICg
NSURERA:Ca itol !2s4i<Y Ing Corp 10328
INSURED 4 870-6352
RPN Servioea, Inc.
NSURERB:Weaco Insurance Company 25011
INSURER C: National Casualty Company_ 11991
INSURER D:
P.O. Hoz 2342
INSURERS:
Fullerton CA 92837
INSURERF:
WPPIII898702
1n1. Anse /`emneLr•eTc ui'umcR• n...,. an 11.14 RFVIRinN NLimBER1
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.
NOR
LTR
TYPEOF INSURANCE
Pon
SURN
POLICY NUMBER
YEFF
%P
LIMA
B
% COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
E ' oc $ 100,000
CLAN84AADE ❑% OCCUR
WPPIII898702
10/08/2015
10/08/2016
MED EXP ana S 5,000
% Pest. Serb. Endt.
% I BI/PD Dedt.1,000
PERSONAL& ADV NARY S 1,000,000
GENLAGGREGA'tE LIMIT APPLIES PER:
GENERAL AGGREGATE S 2,000,000
PRODUCTS - COMPIOP AGO S 2,000,000
% POLICYElgCT LOC
S
OTHER:
I
AUTOMOBILELIANIJTYECOMBIN„D
GLE LIMIT 6
BODILYINJUlY(Pwpermn) 6
ANY AUTO
BODILYIWURY(PffxMIcad) $
ALL OWNED SCHEDULED
OS AUTOS
HIRED AUTOS NON -OWNED
ROPEY E 6
PPICT
S
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS WB
CLAIM'S -MADE
DED RETENTIONS
a
C
WORKERSCOMPENSATIONEMPLOYERS'
AND
AND KERS � A I
ANY PROPRIETORJPARTNERfEXECU71VE Y�NOR
WCC4600SLA02NCC
10/24/201510/24/2016
%
EL EACHACCIDENT S 1,000,000
E.L. 003EASE-EA EMPLOYE $ 1,000,000
OFFICER+MEMBER EXCLUDED?
(Mandatary In NH)
EL DEiEASE-POLICY UMR 1,000,000
xm.dRoN'OF'OPEPA
D RIPTION OF TIONS bofav
A
Prof.Liab./Ba0
8000331904
12/07/2015
12/07/2016-0-
Dedt. 6 11000,000
B
Limited Pollution Endt.
WPPI11898702
10/08/2015
10/08/2016$1,000
Dedt. 6 1,000,000
DESCRIPTION OF OPERATIONS f LOCATIONS r VEHICLE$ (ADM 101, Ad4Moml ROMAMS Schedule, may be aQached N m r, spew M re44ked)
The City of Newport Beach, its City Counci L, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwiae in legal control of the property upon which
consultant performs the project and/or services are named as additional insured as respect to
General Liability per attached form(s) only when required by written contract.
City of Newport Beach
P. 0. Box 1768
Newport Beach CA 92658
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
(D1988.2014 ACORD CORPORATION. AN rights reserved
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
POLICY NUMBER:WPP1118987 02
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13
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 LIABILFY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organ Izations
Locations Of Covered Operations
Any person or organization for whom you are performing
As perwritten contract or written agreement,
operations or when you and such person or organization
have agreed In a written contract or written agreement,
provided said contract or agreement is exeouted prior to
the date of loss, that such person or organization be
added as an addnionai Insured on your policy.
Information required to complete this Schedule if not shown above wit] be shown In the Declarations,
A. Section 11 — Who Is An Insured Is amended to
Include as an additional Insured the person(s) or
organization(s) shown In the Schedule, but only
with resect to liability for "bociliy injury", "property
damage' or "personal and advertising Injury'
caused, In whole or in part, by:
1. Your acts or omissions; or
2, The acts or omissions of those acting on your
behalf;
In the performance of your ongoing operations for
the additional insureds) at the locatlon(s)
designated above.
However.-
1.
owever:
1. The insurance afforded to such additional
Insured only applies to the extent permitted by
law; and
2. if coverage provided to the addltiomi insured is
required by a contract or agreement, the
Insurance afforded to suoh additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional Insured.
B. With respect to the insurance afforded to these
additional Insureds, the following additional
exclusions apply;
This Insurance does not apply to "bodily injury' or
"property damage" occurring after:
1. All work, including materials; parts 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 additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of 'your work" cut of which the
Injury or damage arlses has been put to its
Intended use by anypp�sreon or organization
other than another contraotor or subcontractor
engaged In performing operations for a
principal as a part of the same project
CG 2010 04 13 CSS I nsurance Services Office, Inc„ 2012 Page 1 of 2
C. With respect to the Insurance afforded to these
additional Insureds, the following Is added to
Section III —Limits Of Insurance:
If coverage provided to the additional Insured Is
required by a contract or agreement, the most we
will pay on behalf of the additional Insured Is the
amount of Insurance;
1. Required by the contract or agreement; or
2. Avallable under the applicable Limits of
insurance shown in the Declarations;
whichever Is less,
This endorsement shall not Increase tha
applicable Limits of insurance shown In the
Deciaratlons.
Page 2 of 2 0 Insurance Services Office, Ino,, 2012 CR 20 10 0413
POLICY ^DUMBER: WPP1118987 02
COMMERCfAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS(COMPLETEQ OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or organ Izations
Location And Description of Completed Operations
Any person or organization forwhom you are
AS PER WRITTEN CONTRACT OR WRITTEN
performing operations or when you and such
AGREEMENT
person or organization have agreed in a written
contract or written agreement, provided said
contract or agreement Is executed prior to the date
of loss, that such person or organization be added
as an additional Insured on your policy
Info matlon required to complete this Schedule if not shown above will be shown In the Declarations.
A. Section II ^- Who Is An Insured Is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the looation designated and
described in the Scheduie of this endorsement
performed for that additional Insured and
Included in the "produots-completed operations
hazard".
However:
1. The Insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2, If coverage provided to the addltlonal Insured is
required cy a contract or agreement, the
Insurance afforded to such additional Insured will
not be broader than that which you are required
by the contract or agreement to provide for such
additional insured,
CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2
S. With respect to the Insurance afforded to these
additional Insureds, the following is added to
Section III —Limits Of Insurance;
If coverage provided to the addltlonal insured Is
required by a oontract or agreement, the most we
will pay on behalf of the additional Insured Is the
amount of insurance:
1. Required by the contract or agreement; or
Z Available under the applicable LlmKs of
Insurance shown In the Declarations;
whichever is less.
This endorsement shall not Increase the
applicable Limits of Insurance shown In the
Declarations,
0020370413 O ISO Properties, Ina., 2004 Page 2 of 2 ❑
POLICY NUMBER: WPPI118987 Q2 COMMERCIAL GENERAL LIABILITY
CG 24 04 06 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL_ GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
A8 PER WRITTEN CONTRACTOR WRITTEN AGREEMENT
The following Is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV—Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for Injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and Included in the "products -
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above,
CG 24 04 05 09 0 Insurance Services Office, Inc„ 2008 Page 1 of 1 0
COMMERCIAL GENERAL LIABILITY
CG 20 0104 la
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies Insurance provided underthe following;
COM MERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following Is added to the other Insurance
Condition and supersedes any provision to the
contrary;
Primary And Noncontributory Insurance
This Insurance is primary to and will not seek
oontribution from any other Insurance available
to an additional Insured under your policy
provided that;
(1) The additional Insured Is a Named Insured
under such other Insurance; and
(2) You have agreed in writing In a contract or
agreement that this Insurance would be
primary and would not seek contribution
from any other Insurance avaliable to the
additional Insured,
CO 20 0104 13 0 Insurance Seryloes Office, Inc., 2012 Page 1 of 1
I
i
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT -CALIFORNIA
We have the right to recover our payments from anyone liable Tor an Injurycovered by this policy, We will not enforce our right
againstthe person ororganlzation named in the Schedule. (Th1s agreement applies onlyto the extent that you perform work
undera written contract that requires you to obtain this agreement from us.)
You mustmaintafn payroll records FiccuratelysegregatIng the remuneration ofyour employees whIle engaged In thework
described in the Schedule,
The addltlonalprem lurnlorthisendorsements hall be %of the Callfornia workeWoompensafion premium otherwise due on such
remuneration.
Person or Organization
BI a n ket Walver
Schodute
Job Description
ElanketWalver
This endorsemahl chengee the pollcy to which It Is attached and Is effective on the date Issued unless otherwise staled,
(The Information below is required only when this endorsement Is issued subsequent to preparation of the policy.)
Endorsement Effective 10/24/2015 Policy No, WCC460081A02NCO Endorsement No.
Insu,ed RFW Servtass, Ino Insurance Corrpany National Casualty Company '..
I
Countersigned By Yom/ t r
WC p4o306
(Ed, 04-84)
0 Copyright by the Workers'Conpensa0on Insurance Rating Bureau of Californla. All rIghts reserved
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
LIMITED POLLUTION COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Property Damage Deductible
SCHEDULE
$ 1,000 Each Pollution Incident
A The following is added to SECTION I —COVERAGES:
COVERAGE k— LIMITED POLLUTION COVERAGE
1. Insuring Agreement:
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of
"bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to
defend any "su t' seeking those damages. However, we will have no duty to defend the insured
against any "suit' seeking damages for "bodily injury` or "property damage" to which this insurance
does not apply. We may, at our discretion, investigate any "pollution incident" and settle any claim or
"suit" that may result But:
(1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance;
and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the
payment of judgments or settlements under Coverage X.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly
provided for under Supplementary Payments —Coverages X.
b. This insurance applies to 'bodily injury' and "property damage" only if:
(1) The "bodily injury" or "property damage" is caused by a "pollution incident" that takes place in the
"coverage territory'; and
(2) The "pollution incident" that causes the °bodily injury° or "property damage" commenced during the
policy period.
c. Damages because of "bodily injury' include damages claimed by any person or organization for care,
loss of services or death resulting at any time from the'bodily injury'.
2. Exclusions:
All of the exclusions applicable to Coverage Aare applicable to Coverage X except exclusion f. Pollution
and exclusion g., Aircraft, Auto, or Watercraft which do not apply to Coverage X. In addition, this
insurance does not apply to
a. "Property damage" to:
(1) A "waste facility';
(2) Property you own, rent, or occupy now or at any other time;
(3) Premises you sell, give away, or abandon.
GL990070 (0611) Includes Copyrighted material from ISO, used with permission Page 1 of 3
b. Expenses incurred by you or others to test for, monitor, clean-up, remove, contain, treat, detoxify, or
neutralize "pollutants" on or at:
(1) A "waste facility"; or
(2) Premises you own, rent, occupy; or to any recovery claimed for such cost or expense.
c. "Bodily injury' or "property damage" arising out of a "pollution incident" which results from or is directly
attributable to failure to comply with any applicable statute, regulation, ordinance, directive, or order
relating to the protection of the environment and promulgated by any governmental body, provided that
failure to comply is a willful or deliberate act or omission of:
(1) An insured; or
(2) You or any of your members, partners, or executive officers.
d. Any loss, cost, or expense arising out of any request, demand, or order by a governmental authority
that any insured or others test for, monitor, clean-up, remove, contain, treat, detoxify, or neutralize, or
in any way respond to or assess the effects of "pollutants" at any site which is included or proposed for
inclusion on a governmental authority's clean-up priority list.
e. "Bodily injury' or "property damage" arising out of the escape of gasoline or fuel from any storage tank
located on, within, or under any location leased or occupied by an insured.
f. "Bodily injury' or "property damage" arising out of the ownership, maintenance, use, or entrustment to
others of any aircraft, "auto", rolling stock, or watercraft owned or operated by or rented or loaned to
any insured. Use includes operation and "loading or unloading".
This exclusion does not apply to "bodily injury' or "property damage" arising out of the operation of any
of the equipment listed in paragraph f. (2) or f. (3) of the definition of "mobile equipment".
This exclusion does not apply to "bodily injury" or "property damage" arising out of the operation of
"loading or unloading"of an "autd' owned, maintained, or used by the insured.
g. "Bodily injury" or "property damage" covered under Coverage A.
B. SUPPLEMENTARY PAYMENTS —COVERAGES A and B is amended to read SUPPLEMENTARY
PAYMENTS—COVERAGES A, B, and X
C. SECTION III —LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2 is replaced by the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Damages under Coverage A, except damages because of "bodily injury" or "property damage"
included in the "products -completed operations hazard';
b. Damages under Coverage B;
c. Medical expenses under Coverage C; and
d. Damages under Coverage X.
2. Paragraph 6 is replaced by the following:
5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay
for the sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C; and
c. Damages under Coverage X
GL99D070 (0611) Includes Copyrighted material from ISO, used with permission Page 2 of 3
because of all "bodily injury" and "property damage" arising out of any one "occurrence" or any one
"pollution incident". Regardless of the number of policy periods during which a "pollution incident" takes
place, the most we will pay is the Each Occurrence Limit of the policy in effect when the "pollution incident"
commenced.
D. PROPERTY DAMAGE DEDUCTIBLE
Our obligation under Property Damage Liability Coverage to pay damages on your behalf applies only to the
amount of damages in excess of any deductible amount stated in the Schedule above. Such deductible amount
applies to all damages because of "property damage" as the result of any one "pollution incident", regardless of
the number of persons or organizations who sustain damages because of that "pollution incident".
E. With respect to Coverage X only, SECTION IV —CONDITIONS, all references to Coverages A and B to read
Coverages A, B, and X. Also, with respect to Coverage X only, all references to "occurrence" are changed to
"pollution incident."
F. The following definitions are added to SECTION V— DEFINITIONS:
"Pollution inoident" means an "occurrence" which results in the emission, discharge, release or escape of
"pollutants" into or upon land, the atmosphere, or any watercourse or body of water, provided that such
emission, discharge, release or escape results in "bodily injury" or "property damage". The entirety of any such
emission, discharge, release or escape shall be deemed to be one "pollution incident".
'Waste facility' means any site to which waste from operations conducted by you or on your behalf is
consigned for delivery or delivered for storage, disposal, processing, or treatment.
GL990070 (0611) Includes Copyrighted material from ISO, used with permission Page 3 of 3
POLLUTION LIABILITY AUTO COVERAGE EXTENSION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modified insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
DESCRIPTION OF OPERATIONS: Pest control
COVERED "AUTO" LIMITS OF INSURANCE: Each Occurrence $ 1,000,000
Aggregate $ 2,000,000
DESCRIPTION OF COVERED 'AUTO(S)': Arry "Auto" Owned or Operated by, rented to, or loaned to any
insured in the course of your business operations described above.
With respect to the operations and vehicles shown in the Schedule above:
A. Section I — Coverages, Coverage A - Bodily Injury and Property Damage Liability, item 2.
Exclusions, Exclusion f. Pollution, paragraph (1xc) does not apply to "bodily injury" and "property
damage" arising out of the actual discharge, dispersal, release, or escape of "pollutants" that are
contained in any property that is being transported or towed by a covered "auto" described in the
Schedule of this endorsement provided:
1. The discharge, dispersal, release, or escape of pollutants is caused by the "auto's" collision with
another object or the overturn of the "auto"; and
2. The operations described in the Schedule of this endorsement meet all standards of any statute,
ordinance, regulation, or license requirements of any federal, state, or local government which apply
to such operations.
B. Section I - Coverages, Coverage A - Bodily Injury and Property Damage Liability, item 2.
Exclusions, Exclusion f. Pollution, paragraph (2) does not apply to any loss, cost, or expense that
results from the discharge, dispersal, release, or escape of pollutants that are contained in any property
that is being transported or towed by covered "auto" described in the Schedule of this endorsement,
provided:
1. The discharge, dispersal, release, or escape of pollutants is caused by the "auto's" collision with
another object or the overturn of the "auto'; and
2. The operations described in the Schedule of this endorsement meet all standards of any statute,
ordinance, regulation, or license requirements of any federal, state, or local government which apply
to such operations
C. The following is added to Section III — Limits of insurance:
Subject to Paragraphs 2. and 5., the Each Occurrence Limit shown in the Schedule of this endorsement
under Covered "Auto° Limits of Insurance is the most we will pay for the sum of all damages because of
the collision or overturn of a covered "auto°.
Subject to Paragraph 2. the Aggregate Limit shown a in the Schedule of this endorsement under
Covered °Auto" Limits of Insurance is the most we will pay for the sum of all damages because of the
collision or overturn of covered "autos°.
GL9900e9 Page 1 of 1 Ed 0611