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Home My WebLink AboutC-4147 - PSA for On-Call Repair and Maintenance of Doors, Gates and Activating Devicesl� AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH ROSS GATE CO. FOR ON -CALL REPAIR AND MAINTENANCE OF DOORS, GATES AND ACTIVATING DEVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this _ day of January, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY'), and Ross Hickok, doing business as ( "DBA ") ROSS GATE CO., a sole proprietorship, whose address is 2973 Harbor Blvd. #151, Costa Mesa, California, 92626 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On January 22, 2008, CITY and CONTRACTOR entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT", for on -call repair and maintenance of doors, gates and activating devices. B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the AGREEMENT, the latest dated February 20, 2009. C. CITY desires to enter into this AMENDMENT NO.2 to extend the term of the AGREEMENT to December 31, 2010. D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2 ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to December 31, 2010. 2. COMPENSATION 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 shall be based on the attached Schedule of Billing Rates (Exhibit A). 3. SERVICES TO BE PERFORMED Contractor shall perform repair and maintenance services for doors, gates and activating devices pursuant to this Amendment No. 2 and according to the Request to Extend On -Call Professional Services Agreement dated December 16, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: B - y Leonie Mulvihill, Assistant City Attorney ATTEST: By.- DC' v & P_ Leilani Brown, City Clerk E i CITY OF NEWPORT BEACH, A Municipal Corporation By: forge Murdoch, Utilities Director CONTRACTOR: ROSS GATE CO. By: �"'rporate Officer) Title: Owner Print Name: Ross Hickok Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Services Agreement Dec 18 2009 9:21AM HP LASERJET FAX ROSS GATE CO. 2973 HARBOR BLVD #151 COSTA MESA CA 92626 LIC. # 733531 Name I Address CITY OF NEWPORT UTILITIES Rate 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH CA 92658 P.3 Estimate Date Estimate # 12/8/2009 982 Description Qty Rate WE PROPOSE TO EXTEND MONTHLY PREVENTATIVE MAINTENANCE (INSPECT, LUBE, CLEAN, ADJUST, TUNE) SEVEN SPECIFIED GATE OPERATORS AND GATES. INCLUDES ALL AUTOMATED GATES AT UTILITIES YARD OFF 16 ST AND SINGLE GA AT WATER RESERVOIR OFF MARGARITE. EACH SCHEDULED PM CALL WILL BE PERFORMED T THE SAME RATE X300.00. EXCLUDES PARTS AND ADDITIONAL LABO ADDITIONAL LABOR WILL BE PERFORMED A $125.00 PER HOUR. 300.00 THANKS FOR USING ROSS GATE CO. IF YOU TAVE ANY QUESTIONS PLEASE CALL ROSS' CELL 714 235 2204 1 Total $300.00 Dec 18 2009 9:21AM HP LRSERJET FAX p.2 December 16, 2009 Ms. Cindy Asher Administrative Manager CITY OF NEWPORT U1 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH CA Re: Monthly vehicular gate professional service agreem Dear , Ms. Asher: EXHIBIT "B" ROSS GATE CO. 2973 HARBOR BLVD ##151 COSTA MESA CA 92626 LIC. ## 733531 operator preventative maintenance along with on call Ross Gate Co. is requesting extend the monthly preventative maintenance and On -Call Professional Services for an er year to commence on January 1, 2010 through December 3120 10. New sheet's attached. Sincerely, A* ROSS HICKOR OWNER ROSS GATE CO. Enclosure: Rate schedule r �- AMENDMENT NO. 1 - TO PROFESSIONAL SERVICES AGREEMENT WITH ROSS GATE CO. FOR ON -CALL REPAIR AND MAINTENANCE OF DOORS, GATES AND ACTIVATING DEVICES THIS ,AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 29 day of February, 2009, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and ROSS GATE CO., a sole proprietorship, whose address is 2973 Harbor Blvd., #151, Costa Mesa, California 92626 ( "Contractor "), and is made with reference to the following: RECITALS A. On January 22 "d, 2008, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "Agreement', for Repair and Maintenance of Doors, Gates and Activating Devices. This Agreement is scheduled to expire on January 1st, 2009. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to January 1st, 2010. C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Contractor shall perform repair and maintenance of doors, gates and activating devices at the Utilities Yard and Big Canyon Reservoir facilities pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated January 29, 2009, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from January 2, 2009, to January 1, 2010, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to January 1, 2010. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: Aaron C'Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: a6 P, Leilani Brown, City Clerk ra U L"ORN%a CITY OF NEWPORT BEACH A Municipal Corporation Y Ceo e Mu,/rdoch, Utilities Director for the City of Newport Beach ROSS GATE CO. By. Title: President Print Name: �jr, G k -o k By: (Financial Officer) Title: Print Name: Attachment: Exhibit A - Request to Extend On -Call Services Agreement Exhibit B - Schedule of Billing Rates Jan 29 2009 11:51AM HP LASERJET FAX January 29, 2009 Ms. Cindy Asher Administrative Manager CITY OF NEWPORT U7 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH CA Re: Monthly vehicular gate professional service agreem Dear , Ms. Asher: ROSS GATE CO. >973 HARBOR BLVD #151 COSTA MESA CA 92626 LIC. # 733531 mig CAn JAN 2W9 operator preventative maintenance along with on call Ross Gate Co. is requesting extend the monthly preventative maintenance and On -Call ices Professional Sery for ano r year to commence on January 1, 2009 through December 31 2010. New rat sheet's attached. Sincerely, ROSS HICKOK OWNER ROSS GATE CO. Enclosure: Rate schedule P. 1 Jan 29 2009 11:51AM HP LRSERJET FAX ROSS GATE CO. 2973 HARBOR BLVD #151 COSTA MESA CA 92626 LIC. # 733531 Name I Address CITY OF NEWPORT UTD.ITIES Rate 3300 NEWPORT BLVD. ATIVE MAINTENANCE PO BOX 1768 NEWPORT BEACH CA 92658 SPECIFIED GATE EXHIBIT'S" P.2 Estimate Date Estimate it 12MOO7 982 Description Qty Rate WE PROPOSE TO EXTEND MONTHLY PREV ATIVE MAINTENANCE (INSPECT, LUBE, CLEAN, ADJUST, TUNE) SEVEN SPECIFIED GATE OPERATORS AND GATES. INCLUDES ALL AUTOMATED GATES AT UTILITIES YARD OFF 16 ST AND SINGLE GATE AT WATER RESERVOIR OFF MAROARITE. EACH SCHEDULED PM CAL L WILL BE PERFORMED AT THE SAME RATE $300.00. EXCLUDES PARTS AND ADDITIONAL LABO . ADDITIONAL LABOR WILL BE PERFORMED AT $125.00 PER HOUR. 300.00 THANKS FOR USING ROSS GATE CO. IF YOU 4AVE ANY QUESTIONS PLEASE Total CALL ROSS' CELL 714 235 2204 $300.00 Jan 29 2009 11:51AM HP LRSERJET FAX p.3 ROSS GATE CO. 2973 HARBOR BLVD #151 COSTA MESA CA 92626 LIC. # 733531 Name / Address CITY OF NEWPORT UTILITIES Rate 3300 NEWPORT BLVD. kL BUSINESS HOURS PO BOX 1768 NEWPORT BEACH CA 92658 R HOUR. Estimate Date Estimate # 12/72007 1048 Description Q►Y Rate SERVICE CALL'S PERFORMED DURING NORM kL BUSINESS HOURS (8:00 -5:00) WILL BE PERFORMED AT $125.00 P R HOUR. ALL SERVICE CALLS PERFORMED AFTER HOI IRS AND HOLIDAYS WILL BE PERFORMED AT $2.00.00 FOR THE FIRST HOUR AND $125.00 FOR EACH ADDITIONAL HOUR. THE PRICES LISTED ABOVE WILL REMAIN T iE SAME AS 2008 AND BE EFFECTIVE FOR THE PERIOD OF 1 YEAR BEV 1EEN 1!112009 - 12/31/2009 THANKS FOR USING ROSS GATE CO. IF YOUI HAVE ANY QUESTIONS PLEASE Total CALL 949'M-"06 OR 714 938 -2322. $0.00 .J r } PROFESSIONAL SERVICES AGREEMENT WITH ROSS GATE CO. FOR ON -CALL REPAIR AND MAINTENANCE OF DOORS, GATES AND ACTIVATING DEVICES THIS AGREEMENT is made and entered into as of this 2-2- day of January, 2008, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and ROSS GATE CO., a sole proprietorship, whose address is 2973 Harbor Blvd., #151, Costa Mesa, California 92626 ( "Contractor "), 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 has a need for on -call repair and maintenance of doors, gates and activating devices throughout the City. C. City desires to engage Contractor to perform on -call repair and maintenance of doors, gates and activating devices throughout the City on an as need basis ( "Project "). D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Contractor for purposes of Project shall be Ross Hickok. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor and desires to retain Contractor 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: The term of this Agreement shall commence on the above written date, and shall terminate on the 1St day of January, 2009, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call" repair and maintenance services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, 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: A. A detailed description of the services to be provided. 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 Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator 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 Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit "A" and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's compensation for services performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Project Administrator. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by per Council Policy F -14. 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. The actual costs of subconsultants for performance of any of the services that Contractor agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work 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 Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER 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 Ross Hickok to be its Project Manager. Contractor shall not remove or reassign the Project 3 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. 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 Utilities Department. Steve Myrter shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, 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 Contractor's work schedule. B. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical 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. 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, Contractor 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 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever V nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or 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. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents 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 work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects 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). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims 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 Contractor. :i 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. 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 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 the 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 and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, 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, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by M City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. 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. D. Coverage Requirements. 1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. 2. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for a any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: 1. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. 2. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. 1::3 F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. G. Additional 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. 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 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. 16. 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 authorizes the release of information. 17. RECORDS Contractor shall keep records and invoices in connection with the work 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 to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records 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 under this Agreement. 18. WITHHOLDINGS City may withhold payment 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 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. 19. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and /or restoration expense shall be borne by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 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. 22. NOTICES 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 Contractor to City shall be addressed to City at: `K, Mr. Steve Myrter Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949 - 644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Mr. Ross Hickok Ross Gates 2973 Harbor Blvd., #151 Costa Mesa, CA 92626 Phone ::(-949)-7-23--46'0'6 i i q - -) .35 - ) -.-?-0Y cs� 23. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 24. 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, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11 25. 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. 26. 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. 27. 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. 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. 29. 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. 30. 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. 31. 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. 32. 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, religion, color, national origin, handicap, ancestry, sex or age. 12 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: )"c - Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By:", LaVonne Harkless, City Clerk CITY OF NE A Municipal, IS 2T BEACH ration St6v# MW 9(f Utilities Director for the City of Newport Beach ROSS GATE CO.: By: I 1 Ross Hickok Owner Attachments: Exhibit A — Proposal including rate 13 4 CERTIFICATE OF LIABILITY INSURANCE OP ID LJ DATE(MM /DD/YYYY) 03/24/11 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 Powers and Company Insurance Agents and Brokers INSR PHONE AA A/C, No. Ext : (A/C, No): ADDRESS: P. 0. Box 619043 Lic #OB02587 Roseville CA 95661 -9043 Phone:916- 630 -8643 Fax:800- 783 -0083 CUSTOMERID #: ROSSG -1 INSURER(S) AFFORDING COVERAGE NAIC# INSURED any ROSS Gate COm p 2973 Harbor Blvd #151 INSURERA: United Specialty Insurance Co. 12'5537 INSURER B Costa Mesa CA 92626 INSURERC: INSURER D: INSURER F: EACH OCCURRENCE UUVERAu CJ CERTIFICATE NUMBER: RFVIS4IAN NI IM149=0• -- 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, :71 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER PULIGY EFF (MM /DD/YYW) __P0LJCY_EXP`__ (MM /DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY STL4100680 12/18/10 12/18/11 REM urrence) PISES (Eaocc� $50,000 CLAIMS -MADE FxI OCCUR MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $1,000,000 X GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 X POLICY SE� F LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE HIRED AUTOS (Per accident) $ $ NON -OWNED AUTOS $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC STATU- TH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIV OFFICERIMEMBER EXCLUDED? E[:] NIA E.L. EACH ACCIDENT $ .Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 17- DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required The City of Newport Beach, its officers, officials, employees and volunteers included are as an Additional Insured under Commercial General Liabilit per endorsement CG 20 33 07 04 ulic subject to a written contract beyween e Named Insured and the Additional insured. Sample endorsement attached. * *Subject to company approval. Re: Various locations in Newport Beach, CA. I.CRI IrWAIE HOLDER CANCF1 I ATInKi City of Newport Beach Attn: Joan Ackerman Fax: 949 - 646 -5204 P.O. Box 1768 Newport Beach CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYOFN I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ©1988 -2009 ACORD CORPORATION. All riahts resPrvPrl ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Policy: STL4100680 00 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily 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 insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying servic- es, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opi- nions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. Sample CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 r�ACQRR , CERTIFICATE+OF LIABILITY INSURANCE PRODUCER AUTO INSURANCE SPECIALISTS, LLC PO BOX 6507 ARTESIA, CA 90702 -6507 CA INSURANCE LIC. 0524784 INJUKCU Ross G. Hickok PhOIA RN'Yt"fle ?, DBA: Ross Gate Company CC�!YllY��l C /j L rj t�ItS r {Jq{� 923 W 20th St Costa Mesa, CA 926274108 t-066, 33j C4-) 9 qq - 1-2-2 7(,34- DATE(M M/D D/YYYY) July 23, 2010 THIS CERTIFICATE IS ISSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERFICIATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Mercury Casualty Company 11908 INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LSITED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTATNDING 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 EHREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLIAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DD/YY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILIT`! CLAIMS MADE 0 OCCUR EACH OCCURENC, $ DAMAGES TO RENTED PREMISES ,.occurrence $ MED EXP (Any one person) $ PERSONAL & Al INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRO - POLIC`! J,CT LOC PRODUCTS - COMP /OP AGG $ A X AUTOMOBILE LIABILITY CCA0014824 07/14/2010 07/14/2011 COMBINED SINGLE LIMIT (Ea accident) $11,000,000 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per acrid ent) $ GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESS /UMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY :NY PROPRIETOR/PARTERNIEXECUTIVE OFFICER/MEMB,R EXCLUDED? V yes, describe under SPECIAL PROVISIONS below WC STATU- TORY LIMITS OTH- ER $ F.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DIEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Newport Beach, The City, Its officers, Officials, Employees, and Volunteers are added as additional insured. Coverage's with waiver of subrogation included. "10 day notice for non -pay of premium. � rni irn.r%i rz nvL_umrc The City of Newport Beach, The City, Its officers, Officials, Employees & Volunteers 3300 Newport Beach Blvd Po Box 1768 Newport Beach, Ca. 92658 I+HNI.CLLH I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLICATION OR LIABIILTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES If awe IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAVIED, 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 endorsements(s). RU FN O The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 Policy Number: 04- N0002115 Endorsement Effective: 2/10/2009 To 1/8/2010 Named Insured Countersigned By: ROSS HICKOK DBA: ROSS GATE CO SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PO BOX 1768 NEWPORT BEACH, CA, 92658 Location: LOCATIONS THROUGHOUT THE CITY OF NEWPORT BEACH, CA WHO IS AN INSURED (Section II) 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 work" for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. AN F -ES 160 (5/2006) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GBR 30107 01 AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Section II of the Commercial General Liability Coverage Part, WHO IS AN INSURER provision, is amended to include: 4. Any person or organization you are required by a written contract, agreement or permit to name as insured is an insured, but only with respect to liability arising out of "your ongoing operations" performed for that insured at the location designated in the contract, agreement or permit or prenuses owned or used by vou, and then only up to the limit of liability as specified in the contract, agreement, or permit, or the linut of liability expressed in the declarations of this policy, whichever is less. It is understood. however, that coverage afforded any Additional Insured as described above will commence only after written notice of such has been received and approved by us. Additional Premium: Included Adding Additional Insured: The City of Newport Beach, The City, Its Officers, Officials, Employees and Volunteers 3300 Newport Beach Blvd P.O. Box 1768 Newport Beach, CA 92658 Re: Various locations in the City of Newport Beach, California. Oct 31 2007 7:25RM HP LRSERJET FRX sent 6y: GONTmmns $nOKERA w SEmvim; 9193W4750; p.2 Aug -1 -01 11:41AN; Page 1!1 STATE OF CJAW0RNWe--Mk1t AND CCNSuM N $LVV=S A4&rCfr rPttae DAM l OWWDt CONTRAC€CR5 STATE UCENSE 80AR D fWl MI&W hK QkM SGAMMCF CAItL A # WS$. 3:P BOX 9CIC, , bt V"216 - 0 r.,w.,..e A4k...: *wwAAw*.,jpw t�Irenaril�t9ecCo rrT12'S.1QfdwBr sr nrrPiokmddrwCb*. pr iersbouar «aaofanewSaa orx*wWAwr*w,fit. cr.ifrleYrlil df a� � . � aF s � S7E d ��it:larlrrr�per of � iaiaea;a,� Wo � a roust hares OR-Sm a Cam%" NWkmwW PAHv f k&& tf ria appWAia & iamm*a iwb ieu orrepb w& art uxempmn cwmlmft nxt Elf Et1Efmmd, {aBta yov =wmt ported Of tic h* W* d0ft IV( SdVi47/ OW Pew b. mW rem 10 by *god to Me W=MW C"VWMdm Isms of C.&Pfovfa. w o to or+e arr a leeo ra 1iob�+aat -- CQMHXTIE TlUb EXM#I IWN CERYMC %Tf ONLY IF '1 OL IM) NOT MVE AIINT EST LOkEES. UOTE: It VW i+ 4nm F5 qua by d Fftsponskft MMMOV Emowi" Wm. Am Ott Carabow canoe to mono s. CUT-OF-STATE CQ'Aff RACrOFFS. w �D fitK �&t? 6r .cam ::ors :&euic �: a,win; era: :ti•`� :•� ; :5 ' '` -- t w ov am a M at {fit 0Atftlpwwasm w1/it�limm tR�'fm Qwmt to � hutq WW whe w w4*skrg in 0a0usr& PIFAM T OR .PlaNT IN OAK. P iW$ CoAtPIMMD IN PENCIE. AM NOT ACK:"TAWX_ SMd IhdF 000 dad ellstlRaM : So ihf Pte. L%se4 at ed gftaj at Ow aditm above.. FU ■ s NAME Of UM04M {!{,$ Ir CURREWMY THE FEMOM9 OF THE . tf Of We W e kiw WAn 00 dhy% we Will use the d y Cdice as am Ob+errShfa dahL M Z!� - job ZZ e,50 ! F GF Aiti1!' DQCUMM TS GA V= FOR DMMXMW rRiCFtCW d ` d"*/K I IrndW pfr** of prQ AWY ardfr Ssa LM S-01 01 iW State of ►ei+e. *at Vw d4,rm named btftm noes not iRvlw wW Plarsm in Sltgr mu wr go am iq brtooms t le ow 1lAebrior vw 0wowmRom laws of COMM&L F iladler mrwr vw an Ce" we #g nmftd *-A s+m R 0"000" of Vftftw fr4mwmw*rs bmmwamc or b C4wftffmm of a*-kw=w%0v *l-ft n 90 dsya of arlw"Ing W* Pte whid rCmAs in *w s baaftVlivq in YM ' D nvwmw*n k" of CeeABon$k_ SnMTUFM W CrA HM, FYI CM OFF90M PPAM OR T1EPE HAME Cf: PERMN 8MMM s 6 rT ► =- s� Im IMU TKiN WZL tWWCFlUJF___. Tiff arrrsa. m t �. tom, lAHr ;awrr. To lMe1> rwr = t;+" 0 A2ft CsiL+ am IdSimuft Be Ure" = 0801►LK s fwm s>dfprTr r�rASer ACfWOW, 4s. -0 •Pw. am" im Cmau *0,0 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P DATE(MMIDD /YYYY) ✓ ROSSG-1 02/09/10 PRODUCER Powers and Company (/\ Insurance Agents and Brokers U P. 0. Box 619043 Lic #C 02/564 jj Roseville CA 95661- 9043�i Phone: 916 - 630 -8643 Fax: 8010- 783 -0083 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 1 URERS AFFORDING COVERAGE NAIC # INSURED �? ROSS Gate Company 2973 Harbor Blvd #151 ( Costa Mesa CA 92626 INSURER A: Golden Bear INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BEILg& HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIO OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORD D BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN Y HAVE BEEN REDUCED BY PAID CLAIMS. RIS LTR'� NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DDJYY) POLICY EXPIRATION DATE {MMIDD/YYI I LIMITS GENERAL LIABILITY`. EACH OCCURRENCE 3 1, 0 0 0, 0 0 0 jPREMI ES(EaoE�ccur 3 50,000 A IX I/ I COMMERCIAL GENERALUABILTY CLAIMS MADE II OCCUR � GBLOB113 12/18/09 12/18/10 ! MED EXP (Any one person) PERSONAL 8 ADV INJURY I s Excluded_ I S 1, 0 0 0, 0 0 0 GENERAL AGGREGATE 52,000,000 GEN'LL AG,GREQATE LIMIT APPLIES PER: POLICY I I JECT LOC I 1 I 1 PRODUCTS - COMP /OP AGG 3].,000,000 AUTOMOBILE LIABILITY —� ANY AUTO I COMBINED SINGLE LIMIT (Ea accident) $ 1 I ff ALL OWNED AUTOS t— SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ' j I BODILY INJURY (Per Person) BODILY INJURY (Per accident) -- $ S 1 INSU NC P (Per accident) AMAGE $ J .H GARAGE LIABILITY ANY AUTO •^� v ,, AUTO ONLY - EA ACCIDENT $ I OTHER THAN EA ACC I $ I AUTO ON AGG _ $ EXCESSIUMBRELLA LIABILITY OCCUR —� CLAIMS MADE I EACH OCCURRENCE I $ AGGREGATE S DEDUCTIBLE $ RETENTION S i WORKERS COMPENSATION AND i e i EMPLOYERS' LlA1LITY '� 1 T ORY LIMITS ER E.L. EACH ACCIDENT 5 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I If yes, describe under SPECIAL PROVISIONS below t - A �. j E.L. DISEASE. EA EMPLOYE — 3 E.L. DISEASE - POLICY LIMIT 110 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDO EMENT /SPECIAL PROVISIONS *10 day NOC applies for non - payment of premium. The City of Newport Beach, The City, Its Officers, Officials, Employees and Volunteers are included as an Additional Insured under Commercial General Liability policy per endorsement GBR 301 07 04, subject to a written contract between the Named Insured and the Additional Insured. Endorsement (See Attached Notepad) CERTIFICATE HOLDER CANCELLATION City of Newport Beach 3300 Newport Beach Blvd P.O. Box 1768 Newport Beach CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 7� attached. * *Subject to company approval. Re: Various locations in the City of Newport Beach, California. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 11/1Q/2009 1:28:25 PM Faxserver FaxServer003 Page 2 A CALIFORNIA INSURANCE IDENTIFICATION PRODUCER ISSUING CARD CARD AUTO INSURANCE SPECIALISTS, LLC CALIFORNIA INSURANCE LIC. 40524784 COMPANY Mercury Casualty Company 800- 493 -7879 POLICY NUMBER www.aisinsurance.com AC11037925 EFFECTIVE DATE EXPIRATION DATE INSURED 07/14/2009 07/14/2010 Ross Ross Hickok YEAR MAKE MODEL PI 2003 GMC PI CK UP COSTA MESA, CA 92627 VEHICLE IDENTIFICATION NUMBER 1 GDC34U83E327520 THIS CARD MUST BE KEPT IN THE INSURED VEHICLE AND PRESENTED UPON DEMAND IN CASE OF ACCIDENT: Report all accidents to your Producer /Company as soon as possible. Obtain the following information: 1. Name and address of each driver, passenger and witness. 2. Name of Insurance Company and policy number for each vehicle involved. DEC-03- D09 08:50 APRM SMALL COMMERCIAL 562 345 4008 P.001 AC0R& C8RTIFICATE~'OF LIABILITY INSURANCE V UATE(MM /DD /YYYY) n 12/3/4009 PRODUCER C THIS CERTIFICATE IS ISSSUED AS A MATTER, OF INFORMATION AUTO INSURANCE SPECIALISTS, LLC- rC M m4kiot& rT� ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 6507 ji4 1 F (Ctl . HOLDER. THIS CERFICIATE DOES NOT AMEND, EXTEND OR ARTESIA, CA 90702 -6507 _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, CA INSURANCE LIC. 0524784 �® (�� INSURERS AFFORDING COVERAGE NAIC #9190$ INSURED > INSURER A: MERCURY CASUALTY HIckok,Ross DBA; Ross Gate Company COMPANY 2120 President P1 Cos=t Mesa, CA 92627 INSURER B: n� INSURER C: - INSURER D: rnvFUer�R� t 1 THE POLICIES OF INSURANCE LSITED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTATNDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA-m MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED EHREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. •AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CUAIMS, iNSR ADD'L TYPE OF INSURANCE POLICY NUMBER PQLJO EFFECTWE POLICY EXPIRATION LTR JNSRD DATE MM /DDM' DATE MMIDD/YY LIMITS OCNERAL LIABILITY EACH OCCURENCE $ COMMERCIAL GENERAL LIAR =CITY CLAIMS MADE E OCCUR DAMAGES TO RENTED I PREMISES (Ea one $ f MED EXP (Any one person) pLa on $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'LAG REGATE LIMIT APPLIES PER: PRODUCTS— COMP /OP $ AGG PRO - POLICY JECT LOC AUTOMOBILE LIABILITY AC11037926 07/14/09 07/14/10 COMBINED SINGLE LIMIT $1,000,000 x ANY AUTO (Ea accident) ALL OWNED AUTOS $ BODILY INJURY SCHEDULED AUTOS (Pe, parson) HIRED AUTOS $ BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY — EA $ ACCIDENT ANY AUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR [7 CLAIMS MADE AGGREGATE $ ' DEDUCTIBLE .I RETENTION $ WORKERS COMPENSATION AND I WC OTH- $ EMPLOYERS' LIABILITY TORY RS ER I ANY PRO PRIETOR/PARTERN /1= XECUTIVE OFFICER /MEMBER EXCLUDED? LIMITS El EACH ACCIDENT $ DISEASE EA $ It yes, describe under EMPLOYEE SPECIAL PROVISIONS balow E.L. DIEASE —POLICY LIMIT $ OTHER DESCRIPTION OF OPE RATIONS !LOCATIONS /VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS THE CITY OF NEWPORT BEACH, THE CITY ITS OFFICERS, OFFICIAL, EMPLOYEES AND VOLUNTEERS ARE ADDED AS AN ADDITIONAL INSURED. ATTN: JOAN ACKERMAN CITY OF NEWPORT BEACH SHOULD ANY OF THC ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE VPlnATiON DATE 3300 NEWPORT BEACH BLVD THEREOF, THE ISSUING 1NSURH ENDEAVOR TO MAIL _1Q_ DAYS WRITTEN NOTICE TO PO BOX 1768 THE CERTIFI TEE HOLOER N EDT THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO NEWPORT BEACH, CA. 92658 OBLICATIO OR IABIILTY OF Y KI 0 UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES DEC -03 -2009 08:51 APRM SMALL COMMERCIAL 562 345 4008 P.002 006 his 2�o u1 - t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). If SUBROGATION IS WAVIED, 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 endorsements(s)_ DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, TOTAL P.002 company, subject to approval. RE: Various locations in the city of Newport Beach, CA. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GBR 301,07 04 AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Section II of the Cormnercial General Liability Coverage Part, WHO IS AN INSURED provision, is amended to include: Any person or organization you are required by a written contract, agreement or permit to name as insured is an insured, but only with respect to liability arising out of "your ongoing operations" performed for that insured at the location designated in the contract, agreement or pen-nil, or premises owned or used by you and then only up to the limit of liability as specified in the contract, agreement, or permit, or the limit of liability expressed in the declarations of this policy, whichever is less. It is understood, however, that coverage afforded any Additional Insured as described above will cornmence only after written notice of such has been received and approved by us. Additional Premium: Included Adding Additional Insured: The City of Newport Beach, The City, Its Officers, Officials, Employees and Volunteers 3300 Newport Beach Blvd P.O. Box 1768 Newport Beach, CA 92658 Re: Various locations in the City of Newport Beach, California. C-4 1 —7 7 -7 - %f 9 l ACORD,M CERTIFICATE OF LIABILITY INSURANCE OP ID SS DATE(MMIDD/YYYY) R0SSG -1 1 02/10/09 PRODUCER Powers and Company Insur "ance Agents and Brokers P. O. Box 619043 Lic #OB02564 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 Roseville CA 95661 -9043 POLICY NUMBER POLICY (MM DDNY E Phone: 916 - 630 -8643 Fax: 800- 783 - 0083 ~ °' _, INSURERS AFFORDING COVERAGE NAIC # INSURED i/_ y„-7 �-2 p ( (,,t,11/Ai'] ®� ' t1rty� 0PC(,0UV15 (44 C.Q'Y11" P6 0"w(I �jt,li/ : ✓Ross Gate Company O A l 2973 Harbor Blvd #151 1 Costa Mesa CA 92626 :INSURERA: Navigators Specialty Ins. Co. 36056 INSURER B `INSURER 01/08/09 Q EACH OCCURRENCE INSURER D: X NSURER'E: $50,000 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY (MM DDNY E POLICY E (MMPDDIYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I " OCCUR 04N0002115 —7 01/08/09 01/08/10 EACH OCCURRENCE $ 1,000,000 X OAM' PREMISES (Eaoccurence) $50,000 MED EXP (Any one person) r- $ 5000 0 0 � PERSONAL $ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS F COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER j TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS * °10 day NOC applies for non - payment of premium. The City of Newport Beach, its officers, officials, employees and volunteers are included as an Additional Insured under Commercial General Liability policy per endorsement ANFES160 05/06, subject to a written contract between the Named Insured and the Additional Insured. * *Endorsement to follow from (see attached notepad) CFRTIFICGTF Hni nFR ....,.. -.. __._.. City of Newport Beach Attn: Joan Ackerman Fax: 949 - 646 -5204 PO Box 1768 Newport Beach CA 92658 (2001108) CI TYOFN I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. UTHORIZED REPRESENT ATIVE 011k FY, -00, 89- CERTIFICATE OF LIABILITY INSURANCE OP ID AS DATE(MMlDDlYYYY) DUCER ROSSG -1 01/11/08 PRO iD� Powers and Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI V ' VVVLX— f Insurance Agents and Brokers '� P. O. Box 619043 Lic #OBO2564 Roseville CA 95661 -9043 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOV TYPE OF INSURANCE POLICY NUMBER Phone: 916 - 630 -8643 Fax: 800-784=6'083 INSURED z / / �" �,�y� 3p JL o/ Pluyy�sj F' O rYCW as t Orue �S �t vd comp __ __ ,/ /Coo INSURERS AFFORDING COVERAGE NAIC # INSURER A: Navigators Specialty Ins. Co. 36056 INSURER S: 04N0000451 Ross Gate Company 2973 Harbor Blvd #151 Costa Mesa CA 92626 INSURER C: EACH OCCURRENCE INSURER D: PREMISES (Eaoccurence) COVERAGFR _ INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR. NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DD TI DATE MM /DDIY10 LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR 04N0000451 01/08/08 01/08/09 EACH OCCURRENCE 51,000,000 PREMISES (Eaoccurence) $ 50,000 MED EXP (Any one person) $ 5 000 r PERSONAL & ADV INJURY .$1,000,000 -7 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE - PROT APPLIES PER: X POLICY JECT LOC PRODUCTS - COMP /OP AGG $ 1,000,000 AUTOMOBILE LIABILITY ANY AUTO / n --- / p�� p ['v � COMBINED SINGLE LIMIT (Ea accident) -_ $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS „y -�_., f° Lf2 �1 7�� ,'Y ;� ; / BODILYINJURY (Per person) $ (Per accident) INJURY $ PROPERTY DAMAGE (Per accident) $ I GARAGE LIABILITY ANY AUTO H lnJ ®�� RIS �ry�' T�'nrA' ` AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG S $ EXCESS /UMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ • . If yes, describe under SPECIAL PROVISIONS below OTHER E.L. DISEASE - POLICY LIMTT $ DESCRIPTION OF OPERATIONS] LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day NOC applies for nonpayment of premium. The City of Newport Beach,its Officers, Officials, Employees and Volunteers are included as an Additional Insured under Commercial General Liability policy per endorsement CG 20 10 11 85, subject to a written contract between the Named Insured and the Additional Insured. *Endorsement to follow from company, subject to approval. CERTIFICATE HOLDER City of Newport Beach Attn: Joan Ackerman Utilities Department PO Box 1768 Newport Beach CA 9265 CANCELLATION CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR $ REPRESENTATIVES. ,P �t3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 12001 /nR► �'AACQRDL CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 10/29/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AON Private Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17785 Center Court Drive Cerritos CA 90703 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDD/YY (888) 716 -2006 INSURERS AFFORDING COVERAGE NAIC # INSURED Ross G Hickok / —,14-Te- C1,M1D/�11 INSURER A Mercury Casualty Comipany 11908 INSURERB: $ INSURER C: 2120 Presidential Place. INSURER D: Costa Mesa CA 92627 INSURER E: $ IlEC EX,- (Any ona perscn) rnVPPAnRA 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 OTHcR DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL! THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLr W's. INSR LTR ADDT POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIYY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE n OCCUR DAMAGE TO RENTED PREMISES Ea occurence $ IlEC EX,- (Any ona perscn) _ � PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PROT- LOC A AUTOMOBILE LIABILITY ANYAUTO AC11037925 7/14/2007 7/14/2008 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE I (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANYAUTO AUTO ONLY AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F-I CLAIMS MADE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- O T RY LIMI ER R ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ E.L. OISEASe - tH EMt✓uiYEy J OFFIC.:R /MEMBER EXCLUDED't If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT li - $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City, its Officers, Officials, and Volunteers are named as Additional Insured. Additional Insured Endorsement applies to the Certificate Holder. uan I Irn m I r- nULUCr[ I,AIVI,CLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Utilities Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3300 Newport Blvd. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Newport Beach CA 92663 AUTHORIZED REPRESENTATIVE Privata Rlsk Manageme V C m V ca trre—w ai7em:y i- I License# 0933296 ACORD 25 (2001/08) Page 1 of 2 © ACORD CORPORATION 1988 ASPN'', AX 2/25/2009 10:49 AM PAGE 2/003 Fax Server a + ACORD'. CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 2/25/2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Aon Private Risk Management — Cerritos 17785 Center Court Drive, 4th Floor Cerritos CA 90703 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # (888) 716 -2006 _ oo — INSURED INSURER A. Mercury Casualty Company 11908 Ross G Hickok DBA: ROSS GATE COMPANY NSURERB INSURER C- 2120 Presidential Pl INSURER D. Costa Mesa CA 92627 INSURER E I"iTilU d:T Tel=: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICV EXPIRATION / LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE RENTED PREMISES Ea eccurence — $ CLAIMS MADE F-1 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENI AGGREGATE LIMIT APPLIES PER : PRODUCTS - COMP /OPAGG $ POLICY PRO LOC A AUTOMOBILE LIABILITY ANY AUTO AC11037925 7/14/2008 7/14/2009 COMBINED SINGLE LIMIT (Eaaccideni) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per acddent) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR EI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STATU- TORY LIMITS R 'FR EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE E . EACH ACCIDENT $ E . DISEASE - EA EMPLOYEE $ OFFICER /MEMBER EXCLUDED? Ii yes, describe under SPECIAL PROVISIONS below E . DISEASE -POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE #9392 THE CITY OF NEWPORT BEACH, ITS OFFICERS, AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS AS REQUIRED BY WRITTEN CONTRACT BUT LIMITED TO THE OPERATIONS OF THE INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. %,i 11ri%,iA I C nVLUCR k AkIVI.CLLA 1 IUIN SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL XKDBWfA 3DW MAIL 10 DAYS WRITTEN City O£ Newport Beach Utilities Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3GG WADMMECD3R9CXHXXX 3300 Newport Blvd. AHD] R�llSWXlPI @�De3E]�¢9COHE�{NXXDSDp9aR9;RR XXXX Newport Beach CA 92663 AUTHORIZED REPRESENTATIVE ncn F'rNEIE iirsX A9anagZR.errc ate. +. f n suranx!ie -ei t..c. t;uuxnf 0833266 ACORD 25 (2001/08) Page 1 of 8 © ACORD CORPORATION 1988 ASPNFAX 2/25/2009 10:49 AM PAGE 3/003 Fax Server DI � � If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 2 of 2 2/25/2009 .:2111/2009 23:45 8004858409 KELSEY COTTON -WRAY PAGE 02/02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CO 20 10 1185 Policy Number: 04- N0002115 Endorsement Effective: 2/10/2009 To 1/8/2010 Named Insured - Countersigned By: y ROSS HICKOK �-►*� DBA: ROSS GATE CO �+�- SCHEDULE Name of Person or Organization: THE CITY OF NEWPORT BEACH, iTS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PO BOX 1768 NEWPORT BEACH, CA, 92658 Location: -7 LOCATIONS THROUGHOUT THE CITY OF NEWPORT BEACH, CA WHO IS AN INSURED (Section 91) 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 work' for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Prima Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it, 2. Wai_v_er of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 3, Neither the coverages provided by this Insurance policy nor the provisions of-this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agentstemployees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy (other than apartments). The words "you" and "your" refer to the Named insured shown in the Declarations. "Your work' means work or operations performed by you or on your behalf; and materials, parts or equipment furnished In connection with such work or operations, ANF -ES 160 (5/2006)