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HomeMy WebLinkAboutC-5214 - PSA for Citywide Sign Inventory/Reflective StudyC' PROFESSIONAL SERVICES AGREEMENT WITH MISSION GEOGRAPHIC, LLC FOR CITYWIDE SIGN INVENTORY /REFLECTIVITY STUDY THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of IBS 2012 by and between the CITY OF `) NEWPORT BEACH, a California Municipal Corporation ( "City "), and, MISSION GEOGRAPHIC, LLC an Arizona Limited Liability Company ( "Consultant'), whose address is 2320 East Baseline Road, Suite 148 -169, Phoenix, AZ 85042 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to perform an inventory of all signs and curb markings in the City. C. City desires to engage Consultant to execute a Citywide Sign Inventory/Reflectivity Study ('Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project shall be Ken Huisman. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on June 30, 2013 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME Of PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by-City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit A and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Eighty -Seven Thousand, Nine Hundred Sixty -Five Dollars and no /100 ($87,955.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by-City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: 4.3.1 The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. MISSION GEOGRAPHIC, LLC Page 2 4.3.2 Approved reproduction charges 4.3.3 Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Ken Huisman to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bryan Loo, Junior Civil Engineer 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 7.1 In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will MISSION GEOGRAPHIC, LLC Page 3 perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. MISSION GEOGRAPHIC, LLC Page 4 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement 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 B, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint-venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. MISSION GEOGRAPHIC, LLC Page 6 20. RECORDS Consultant shall keep records and invoices in connection with the Work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 24.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless MISSION GEOGRAPHIC, LLC Page 7 City for any and all claims for damages resulting from Consultant's violation of this Section. 25. NOTICES 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Bryan Loo Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3324 Fax: (949) 644 -3318 25.2 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Ken Huisman, Principal MISSION GEOGRAPHIC, LLC 2320 Baseline Road, Suite 148 -169 Phoenix, AZ 85042 Phone: (602) 350 -6750 Fax: (222) 528 -3460 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non- defaulting MISSION GEOGRAPHIC, LLC Page 8 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. STANDARD PROVISIONS 28.1 Compliance With all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.2 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. 28.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.4 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. 28.5 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 Agreement or any other rule of construction which might otherwise apply. 28.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.7 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. MISSION GEOGRAPHIC, LLC Page 9 28.8 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. 28.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 28.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 28.11 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 NEXT PAGE] MISSION GEOGRAPHIC, LLC Page 10 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: �I e C l l' Aaron C. Harp City Attorney �I ATTEST: Date: Y/ Leilani I. Brown City Clerk' .' MUNI CITY OF NEWPORT BEACH, A California municipal corporation Date: 6.)1Sj. �L, By: e -- Dave City Manager CONSULTANT: MISSION GEOGRAPHIC, LLC, an Arizona Limited Liability Corporation Date: By: Keg,.H'Uismarf Operatinc "Principal Date: —�--- - j Raquel Flais an Secreta iand Treasurer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services and Schedule of Billing Rates Exhibit B - Insurance Requirements MISSION GEOGRAPHIC, LLC Page 11 Citywide Sign Inventory /Reflectivity Study City of Newport Beach, CA Mission Geographic Scope of Work This task will provide for an allotment of any extra work effort or contingency items that may occur thought the term of the contract such as additional collection, analysis and /or assist with other services. Investment Summary The services provided herein represent our understanding of the work and level of effort required for the successful implementation of the proposed work plan. Mission Geographic is certainly open to modifying the scope and deliverables in conjunction with negotiating the fee schedule, to provide the City of Newport Beach with the highest return on its investment Citywide Inventory Collection on 263 miles QyTY—Me a o 0 Task Activity Quantity Units Unit Rate. Total 1 GPS & 360 Street Level Imagery Collection with ' 263 Mi $55.00 $14,465 3D Point Cloud Data 2 Sign Inventory 263 Mi $78.00 $20,251 (x,y, MUTCD code, support type) 3 Evaluate Sign Retro - Reflectivity 263 Mi $73.00 $19,199 (MUTCD Visual Nighttime Inspection Method) 4 Contingency Item 1 LS $5,500 $5,500 20 Municipal parking lots (provide tasks 1 -3 Curb. Markings - GIS linear feature, length, 5 marking type, green /red zone (deliverable: shp or Entire city network $18,050 eodatabase Flexible Street Level Imagery with 3D Point Cloud Hosting Options We can offer the "End Users" two ways (Cloud and Server) to access street level imagery and 3D point data. "End User" definition includes an entire organization, allowing unlimited per -seat installation and usage by everyone affiliated within the organization. Software& Service Annual [Maintenance Item + 0tensy I' Du`ratlon (7yr) L Renewal - -- — license Includes full suite of earthmine software, developer tools, and support. The first year of maintenance is included in license fee. "Maintenance fees for earthmine Server are optional. Citywide Inventory Collection (with Server Option) Project Total: $87,965 4" EXHIBIT B 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 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. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant 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. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation 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. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 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. 1.5.5 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. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant 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 Consultant'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 Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. ACORD CERTIFICATE OF INSURANCE DATE(MM/DDmr/ 6/29/12 PRODUCER PROFESSIONAL INSURANCE BROKERS, INC. PMB 857 515 E. CAREFREE HIGHWAY PHOENIX, ARIZONA 85085 -8839 V. 6231465 -5300 F. 623/4655-5933 800.666.2008 email: insurance@pibinc.com THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY AMBESTAXV A CNA - AMERICAN CASUALTY CO OF READING, PA INSURED MISSION GEOGRAPHIC, LLC 2320 E. BASELINE RD., SUITE 148 PHOENIX, ARIZONA 85042 COMPANY AMBESTAXV B CNA - NATIONAL FIRE INS. CO OF HARTFORD COMPANY AMBESTA +X C. ADMIRAL INSURANCE COMPANY COMPANY D 'COVERAGES, - 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. CO LTB TYPE OF INSURANCE POLICY NUMBER P01JCYEFFECTNE DATE(MMIDDM) POLICYEXP. DATE(IM.WDIYIT LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR OWNER'S &CONTRACTOR'S PROT BLANKET CONTRACTUAL PER PROJECT AGGREGATE 82099616852 10108111 10/08112 GENERAL AGGREGATE 4,000,000 X PRODUCTS- COMPIOP AGG 4,000,000 PERSONAL &ADV INJURY 2,000,000 X EACHOCCURRENCE 2,000,000 FIRE DAMAGE (Anyone fire) 300,000 X MED EXP. (Any one person) 10,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 84014264895 10108/11 10106/12 THIS CERTIFICATE WAS ISSUED AT THE REQUEST OF THE INSURED TO VERIFY THEIR INSURANCE COVERAGE FOR THE FOLLOWING PROJECT: Any & All Protects HOWEVER, THIS INSURANCE COVERS THE PROFESSIONAL SERVICES OF NAMED INSURED FOR ALL THEIR PROJECTS AND THE LIMIT OF LIABILITY SHOWN CANNOT BE CONSTRUED TO BE APPLIED TO THIS PROJECT ONLY, WC299616964 10/08/11 10/08/12 COMBINED SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) X BODILY INJURY Per accident X PROPERTY DAMAGE GARAGE LIABILITY ANYAUTO AUTO ONLY- EA ACCIDENT OTHER THAN AUTO ONLY EACHACCIDENT AGGREGATE EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACHOCCURRENCE AGGREGATE e WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNER/E LrrIVE INCL. OFFICERS ARE: X EXCL ISTATUTORY LIMITS EACHACCIDENT 1,000,000 DISEASE - POLICY LIMIT 1,000,000 DISEASE - EACH EMPLOYEE 1,000,000 C OTHER PROFESSIONAL LIABILITY EOOOOD14976 -02 10108/11 10/08/12 EACH CLAIMIAGGREGATE 5,000,000/5,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS This certificate of insurance neither affirmatively nor negatively amends, extends or alters the coverage or any provision or the policy described. The City of Newport Beach, its agents, representatives, officers, directors, officials, and employees are Additional Insured as respects the General and Automobile Liability coverages. General Liability insurance is primary and non- contributory Favoring the additional insured. Waiver of Subrogation applies to General, Automobile and Professional Liability coverages. CERTIFICATE HOLDER, __- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL (30) THIRTY DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AUTHORIZED REPRESENTATIVE `/ 7 ACCORD'25 -& 3193, -:. - ._ -.- _ -- 7--- -- - - - - -.. - AGGORD sORPORATION 1993 We hew 64a rlaW !a n w4 PV^er m from enyonv mbio fvr w abwywwmd by Wo po9cy. We WWI not &ftw e rWj G -�het asa parwn or ofaMMMUM nWnW m om ealmum. (n,iv Cramont eppeas only to e, axftmd tun yov pm'fwwt vsmhaadormrxmcn omrbeot tfmt m� you � stn tldsegtosmsnt from ueJ TW efesinmdalma nolottxwQha*wbmSuegito bvt76 cmy+ not named Li Om 9ctwddlo, F The City of Newport Beach, Its respective elected offic)als, officers, employees agents and representatives Yltlornao�l d� ab pGYyloe7em+e m aeasm aM1d bum aye dab bad u�a ab� pmG-1 MnC�e =mb e9rn at7Kb bOmC�a IYpIVrOq pGary.l to -t"` ppraWC299616964 6rrth uWqm Pm bona MISSION GEOGRAPHIC, LLC d��� blanmm canqu by CNA - NATIONAL FIRE INS CO OF HARTFORD WC OW 03 93 (Ed.4-64) cara INSIf7GvdCvffaon te=mamT. rvL v G- 118158 -A (Ed. 01196) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: Mission Geogrphic, LLC 2320 E. Baseline Rd., Ste 148 Phoenix, AZ 85042 BUSINESS ACCOUNT PACKAGE POLICY BUSINESS LIABILITY COVERAGE FORM SCHEDULE City of Newport Beach California it's Agents, representatives, officers, directors, officials and employees Public Works Department 3300 Newport Blvd, Newport Beach CA 92663 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section C.) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. G-1181 58-A Includes copyrighted material of Insurance Services office, Inc., with Its permission. Page 1 of 1 (Ed. 01196) Copyright, Insurance services Office, Inc., 1992 DATE (MM/DDfY'Y -9 P'L - 719/12 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PROFESSIONAL INSURANCE BROKERS, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PMB 857 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 515 E. CAREFREE HIGHWAY ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PHOENIX, ARIZONA 85085 -8839 COMPANIES AFFORDING COVERAGE V. 6231465.5300 F. 623/4655933 COMPANY AMBESTAXV 800.666.2008 email: lnsurance@pibInc.com A CNA -AMERICAN CASUALTY CO OF READING, PA INSURED COMPANY AMBEST AXV B CNA - NATIONAL FIRE INS. CO OF HARTFORD MISSION GEOGRAPHIC, LLC COMPANY AMBEST A +X 2320 E. BASELINE RD., SUITE 146 C ADMIRAL INSURANCE COMPANY PHOENIX, ARIZONA 85042 COMPANY D C 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTNE PODGY EXP. LTR TYPE OF INSURANCE POLICY NUMBER OATKNIMMONY) UATE(N1VDWYY) LIMITS A GENERAL LIABILITY GENERAL AGGREGATE 4,00D,000 X COMMERCIAL GENERAL LIABILITY B2099616852 10/08111 10/08112 PRODUCTS-COMP /OP AGG 4,000,000 CLAIMS MADE XOOCCUR PERSONAL B ADV INJURY 2,000,000 EACH OCCURRENCE 2,000,000 OWNER'S a CONTRACTOR'S PROT X BLANKET CONTRACTUAL FIRE DAMAGE (Any one fire) 300,000 X PER PROJECT AGGREGATE MED EXP. (Any one Person) 10,000 B AUTOMOBILE LIABILITY 64014264895 10/08/11 10108/12 COMBINED SINGLE LIMIT ANY AUTO THIS CERTIFICATE WAS ISSUED AT 1,000,000 X ALL OWNED AUTOS THE REQUEST OF THE INSURED TO BODILY INJURY SCHEDULED AUTOS VERIFY THEIR INSURANCE COVERAGE (Perporson) X BODILY INJURY HIRED AUTOS FOR THE FOLLOWING PROJECT: X NON- OWNEDAUTOS Per accident Any a All Prolacts PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY ANY AUTO HOWEVER. THIS INSURANCE COVERS EACHACCIDENT THE PROFESSIONAL SERVICES OF AGGREGATE NAM ED INSURED FOR ALL THEIR PROJECTS AND THE LIMIT OF EXCESS LIABILITY EACH OCCURRENCE AGGREGATE UMBRELLA FORM LIABILITY SHOWN CANNOT BE OTHER THAN UMBRELLA FORM CONSTRUED TO BE APPLIED TO THIS PROJECTONLY. e WORKERS COMPENSATION AND X STATUTORY LIMITS EMPLOYERS'LIABILRY WC299616964 10/08111 10108/12 EACH ACCIDENT 1.000,000 THE PROPRIETOR/ DISEASE• POLICY LIMIT 1,000,000 PARTNER/EXECUTIVE INCL. DISEASE. EACH EMPLOYEE 1,00D,00D OFFICERS ARE X EXCL C EACH CLAIM /AGGREGATE JOTHER PROFESSIONAL LIABILITY E0000014976-02 10/08/11 10/08112 5,000,000/5,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS' This cert70rate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage or any provision of the policy described. The City of Newport Beach, its agents, representatives, officers, directors, officials, and employees are Additional Insured as respects the General and Automobile Liability coverages. General Liability Insumnco is primary and non- conbibutory favoring the additional insured. Waiver of Subrogation applies to all Osled coverages. Workers Compensation Endorsement Form WCOOD313 Is attached. Additional Insured Endorsement SB146968 -A attached. C R F CATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL (30) THIRTY DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AUTHORIZED REPRESENTATIVE ,r I •ylP 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92663 �os• -/ �( 6COND 2" 393 ACCORD C P 9 ♦J':...1- T!lM1 °!; "i e'3i♦ 130i1° ri- I:r W& hew fin AWIt! to n =v payvxenfa Gem myjww 92bW fQ m, wW aarmad by fhb puffy. We Mil rot anft= me rigm [-g --acmt eta Farm arOt6eA °m um rwfrw el vte eah Ytn. (The OF00mont appbs mey to @ra eabmt mat you pm€ rm r=ft WtIlora"Imn- 0n06`et kid nWI you to abbein Oft egrs mmt from us.) Trtkt EgI03171104 chell not ap=ob&czgylttbr rc*tabx9Aanyv not namodIn UmWite". le The City of Newport Beach• its respective elected officials, officers, employees agents and representatives YMammvpnao erol�a CO ptagbclrmiomam�tre argh +efLCtlrewda tlb�mdtm5ocoort�. Rbt'!1e -G.tn rmab cTa obaM1bt3ru� pmxnam t»Y•1 EWac�n�xwa 10f�e11 -1 ftcWMC2gg6� �m=11H., bW�cO CrWIEUMS MISSION GEOGRAPHIC, LLC ca"I by CCNA- NAATTIIONAL FIRE INS CO OF HARTFORD WC W 03 93 (Ed. 4.04) 0WII 1143 Ittandcvff4m0v%=saon wnw= . MOW M14SM-A (Ed. olmm This endowment modif#as Insurenea proWdad under th tWW MT BUSUMBSOWNERS LIABILITY COVERAGE FORAM BUSIMESSOWNERS COMONPOLICYCONDITIONS An WHO W ACM fiSURED (tfaellon C.) of the ®uslnwaowners Liability Cavarega Farm Is amended to bwludo ma an Insured any person or organization edwm ttea we MWNW to add as an admtional Insured on tits Folicy under a written eonimcl or wdttan agreement but the wrfftan contact or wrtten a" MM mual ae: 1. Currently In steel orfracamingetfectiveduftthe twm of fhls poi*, end A. Executed prior to the °bodily Injury" 'property p.0 or'pareonal and advertising Injuy.° R. The Insurance provided to the additional hmurod Is fthd as fait wa 1. That person or 0!Q�Italian is an additional Insured eololy for uablely due to year nogtlgonoa specifically resulting Item -Our Work- far the additional Ineured wNch Is the aulrJecl of the written contact or written agreement. No coverage epp1199 to tlatdl8y rewitIng from the sda negligence of the additional Insured. E. The Units of Imufarm appllmhler to the additional Insured are those Specified In lire written contract or wrtterh agreement or In the Declarations of this policy. whIctwor Is Iwo. These Limits of I evrenea arm IndrwMa of, and not in addition to, ft Limns of Insurance shown In the Dedaratons. 9. The wmaga proiAded to the additional Insured 6Yi1111rh tits endorsement and section titled 6AAiLi yV Am 69E ck EM MME DEFIAI1MNS — Oburtued9 Conb,aci' ()isfon FA) m[M the Bush nee LFaWGy Coverage Fort, does not apply to %odRy injury' or °properly damage° arising out at the °prodwls-complated operations hazard' unless required by the written contrad er wdtan agreement. 4. The Insurance provided to the ed&HwW insured does not apply to °bodily Injury .0 'proparty, damage " °parconal and advertlehh® tnW arising out of an etchteds, errfnesls, oreteveyol'a randaing of or failure to render any proloadonal sarvirm incerdng: GL The Prepatag, appraving, or failing to prepare or approve maps. Shop dmwinge, opinions, repcda, storeys, fictd orders, change ordsm or drawings and Specification by any archltaot, engineer or surveyor performing ser*w on a project of whldl you some as construction manager or Jr. laepsction, supervision. Quality control, engineadng or wditcWW sanAcas done by you on a project of vAdch you oervo as conetructon manegar. 8. This Insurance dose not apply to'bodty Iduy" Weparty der. go,° or 'personal and adverting Mjuy° wising out oL a The construction or dernaMan watt while you are acting as a construction or demottton contraotm This ataitelon dam not apply to work done for or by you at your promises. C. SUOIMENSlt1IMM SWFAA4 M.fASILi14V CONDTWNS — Dwm hi TN Etwit e4 OBenaa, CInbn or MM (lifeclihm Ems.) of the Susinaseowners L1aWlIty Coverage Form Is amended to add the t =ing: An additmsl Iueurad under this endomement will as boon as preclIcabie: 1. We wrltan notice of an occurrence or an offense to us which may rosut In a dais or °sWt° under tits Insurance: SB- 14088M Pap 1 of 2 (Ed. OURS) k i; GSM tm rM rM 1mp WS m WS 2. Tandar tho defense and tndemnuV of any deim or °auk° to us for a lass tit® cover under this Coverage Part; 3. Tender the dstanse and htdammy of any claim or suir to any other Insurer wltloh also has limm ence for aim we cover under We Coverage Part and 0. Agree to make available any other Insurance which the addhonal Insured has for a loss we cover under this Coverage Part. We have no duty to defend or Indemnify an additional tnstaad under this endbrsemem until we roe" witun natica of a claim or tuff' from the additional Insured. 0. OTHER tMRWCE (t awn H. 2. a 3.) of the Btsktesaownsre Common Policy CandRiom are defsted and replaced trim the tOW M; 2. This Instralrce Is m Wens aver any other Insurance naming the mddtlonal inured as an Insured Whether primary. access, aonbngant or on any other basis unless a written cantrect at tertian agreement specifically requites that this insurmnra ba mtfhar primary or primary and rtoncontribrAing to the additional Wwred% own coverage. Thum Insurance is autos over any other in urencs to which the additional insured has been added as an additional insured by wnfarnenani. a. when this 111011 snae is access, we wM have no duty under Coverages A or 9 to defend the additional Insured against any 'sulP If any other hwurar has a duly to defend the additional insured tom- 146M -A (Ed. 01=) SB44SM-A (Ed. 0110M against drat °suit° H no other Insurer dofends, we Will undertake, to do so, but the will be ardtlad to the sdrtltlonal Insureds rights against a0 those otherinaurere. 1Mett tide insurance Is atceav over aft insurance, we w!E pay only our share of the amount of the foss, H arty, that sut eeds fie on at: (o) The total amount that all such other Insurance would pay for the lose In the absence of tuts Insurance: and (b) The total of ali deduclilble and mll4mumd amounts under a0 that other insularim We vvill share the rtmmlnfng tom, H any, with any Other insurance that Is not described in this Encoss Insnmanca Provision and was not bought epsdtkally to apply In amass of the Umtlls Of Insurance shovm in the Declarations of this Coverage Par. E. TRAMSM OF RMKrS OF RECOVEKV AUAIM OMM To us (l sum Ka.) 01 ft Suatnesaoan ers Common Policy CondNtona is deleted and replaced with the foAmvhW. 2. We waive any right of recovery we may have against any person or orgarilrenon against vufrom you have agreed to waive much right at recovery in a wtiden contract or agreement because of payments we make for Injury of danmge aftng out of your ongoing opara0ons or °your walk' dons under a wnfrect with that person or organization and tncru o within Ora °products- eompfolmd opelatlons hazard° Page a or 2 Joel Griffin From: Delene Mahoney [delene @pibinc.com] Sent: Tuesday, July 31, 2012 3:32 PM To: Joel Griffin; Delene Mahoney;'Moore, Tania' Cc: khuisman @mgis- us.com Subject: RE: Mission Geographic COI attached Yes- this is part of the Additional Insured Endorsement wording. " ... coverage provided to the additional insured within this endorsement and section ( section F8 ) within the Business Liability Coverage Form, does not apply to "bodily injury" Or' property damage' arising out of the' products completed operations hazard' — Unless required by the written contract or written agreement." Delene Mahoney Professional Insurance Brokers Inc. 515 E Carefree Highway PMB 857 Phoenix, Az - 85085 FAX - 623- 465 -5933 Voice - 623 - 465 -5300 delene(a)pibinc.com Remeinber........we can help you with your General Lia.bil'ity . Comm,ercial Auto . Umbrella Coverage . bnland Marine. Workers Compensation Covet-age. Data Breach.. Crime Protection . EPLI . Bonds From: Joel Griffin [ mailto :JGriffin @alliantinsurance.com] Sent: Tuesday, July 31, 2012 3:22 PM To: Delene Mahoney; 'Moore, Tania' Cc: khuisman @mgis- us.com Subject: RE: Mission Geographic COI attached Hi Delene, I apologize for not clarifying this point; If you can confirm that Products /Completed Operations applies to an Additional Insured "if required by contract;' then we can go ahead and approve Mission Geographic's certificate. Thanks! Joel Griffin, AIS, AINS CSAC EIA Assistant Program Representative Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660 Phone: (949) 660 -5900 Fax (619) 699 -0906 i o riffi n@ a l l i a n t i n s u ra n c e. co m www.alliantinsurance.com CA License #OC36861 From: Delene Mahoney [mailto:delene @pibinc.com] Sent: Tuesday, July 31, 2012 3:19 PM To: 'Moore, Tania'; Joel Griffin CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7 -05 -12 Dept. /Contact Received From: Tania Moore Date Completed: 7 -31 -12 Sent to: Tania Moore By: Joel Company /Person required to have certificate: Mission Geographic, LLC. Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 10 -08- 11/10 -08 -12 A. INSURANCE COMPANY: CNA — American Casualty Co. B. AM BEST RATING (A-: VII or greater): A: XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 2,000,000/4,000,000 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) N/A ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No !. 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 0. AUTOMOBILE LIABILITY EFFECTIVE /EXPIRATION DATE: 10 -08- 11/10 -08 -12 A. INSURANCE COMPANY: National Fire Insurance Co. of Hartford B. AM BEST RATING (A-: VII or greater) A: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $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. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes ❑ No III. WORKERS' COMPENSATION EFFECTIVE /EXPIRATION DATE: 10 -08- 11/10 -08 -12 A. INSURANCE COMPANY: 10 -08- 11/10 -08 -12 B. AM BEST RATING (A-: VII or greater): A: XV 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? Approved: 7 -31 -12 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® Yes ❑ No ® Yes ❑ No 1,000,000 ® Yes ❑ No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non - admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approvallexception /waiver: Approved: Risk Management Date * Subject to the terms of the contract.