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HomeMy WebLinkAboutC-4594 - Amended and Restated MSA for Big Canyon Reservoir CoverAMENDED AND RESTATED MAINTENANCE SERVICES AGREEMENT WITH EC APPLICATIONS FOR BIG CANYON RESERVOIR COVER THIS AMENDED AND RESTATED MAINTEN�N�E SERVICES AGREEMENT ( "Agreement') is made and entered into as of this c, day of July, 2012 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and EROSION CONTROL APPLICATIONS, a California corporation doing business as ( "DBA ") EC APPLICATIONS ( "Contractor "), whose principal place of business is 650 N. Batavia Street, Orange, CA 92868 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to amend and restate the Repair Services Agreement entered June 29, 2010 and amended on November 15, 2010, March 31, 2011 and January 5, 2012. C. The City desires to engage Contractor to perform maintenance and repair services for the Big Canyon Reservoir floating cover ( "Project'). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on June 29, 2010 and shall terminate on December 31, 2013, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Contractor shall perform all the work described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference ( "Services" or "Work "). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest industry standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest industry standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractors 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 within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor 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 two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractors control. 3.3 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION 4.1 City shall pay Contractor for the Services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed One Hundred Nineteen Thousand Six Hundred Forty Five Dollars and 00/100 ($119,645.00) without written amendment to the Agreement. 4.2 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 from the Scope of Work attached hereto 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. EC APPLICATIONS Page 2 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the 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. 4.4 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 the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor designated Christopher Fore to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants this it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. The Utilities Division General Manager, or his /her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 7.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with highest industry standards. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of EC APPLICATIONS Page 3 completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the industry standard. 7.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 7.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 8.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project, or the Work of any subcontractor or supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 8.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action EC APPLICATIONS Page 4 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. 8.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 8.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. 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. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. EC APPLICATIONS Page 5 12. 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 Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or EC APPLICATIONS Page 6 any other party. Contractor shall, at Contractors expense, provide such Documents to City upon prior written request. 17. CONFIDENTIALITY All Documents, including drafts, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 18. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 19. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 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 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless EC APPLICATIONS Page 7 City for any and all claims for damages resulting from Contractors violation of this Section. 22. NOTICES 22.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities Division General Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: (949) 718 -3401 Fax: (949) 646 -5204 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Christopher Fore EC APPLICATIONS 650 N. Batavia Street Orange, CA 92868 Phone: (714) 921 -9848 Fax: (866) 475 -1225 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractors acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Govt. Code §§ 900 etseq.). 24. TERMINATION 24.1 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 EC APPLICATIONS Page 8 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. 24.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than thirty (30) calendar day's prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased and Documents created in performance of this Agreement. 25. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 26.1 Contractor shall conform with all applicable provisions of State and Federal law including, but not limited to, applicable provisions of the Federal Fair Labor Standards Act ( "FLSA ") (29 USCA § 201, et seq.). 26.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 26.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. EC APPLICATIONS Page 9 26.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's fees, and other costs of defense by reason of actual or alleged violations of any applicable Federal, State and local labor laws or law, rules, and /or regulations. This obligation shall survive the expiration and /or termination of the Agreement. 27. STANDARD PROVISIONS 27.1 Compliance with all Laws. Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 27.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 27.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and Agreements of whatsoever kind or nature are merged herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 27.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 27.5 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 27.6 Effect of Contractors Execution. Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Work. 27.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 27.8 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, age or any other impermissible basis under law. 27.9 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or EC APPLICATIONS Page 10 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 27.10 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 27.11 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 27.12 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] EC APPLICATIONS Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO N Y'S OFFICE Date: �`ii �- By: Aargfi C! Harp City torney ATTEST: E12;�' Z Date: B ir j ani I. Brown City Clerk POR U c gcirOR CITY OF NEWPORT BEACH, A California municipal corporation Date: tcllT,ol'L By: Dave ►j���� City Manager CONTRACTOR:, EROSION CONTROL APPLICATIONS, a California corporation doing business as ("DBA") ECAPPLICATIONS Date: I-- By; vl�' I Christopher Fore President and Treasurer [END OF SIGNATURES) Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements A 11-01370/f.lappslcaticycoml wpdocsld0121p006100012183.docx ECAPPLICATIONS Page 12 EXHIBIT A SCOPE OF WORK 1. Emergency Repairs to rPP Floating Cover (March — April 2010) Complete (on cover) inspection and development of a priority list of floating cover areas requiring emergency temporary repairs; O Complete temporary repairs to identified priority areas: including isolated repaired of concentrated areas of degraded rPP materials along grillages, hatches and vents; and o Written final report (document inspection and repairs). 2. Modifications to rPP Floating Cover (August — Oct. 2010) • Floating cover modifications in the area of each of the four (4) mixer grillages; • Mark, cut, demolish and dispose of existing floating cover materials in the areas of anticipated repair, per drawing; • Replace floating cover areas over existing grillages protected in place and perform QC testing of same; • Replace damaged rPP material for entire length of the grillages (including fabrication of additional materials at shop); • Welding new materials to the existing cover in the area of the grillage troughs • Welding and repair in areas of deteriorated materials; • Grillage rubsheets (rPP wrap) additions along length of each grillage prior to new panel; • Pump accumulated water away from the work area on cover; and • Written final report (documenting inspection and repairs). 3. Ongoing Maintenance of rPP Floating Cover Duties & Responsibilities Contractor shall be responsible for the performance of all "on- cover" duties (duties that require personnel to walk out on floating cover) as it relates to the below monthly and quarterly inspections and maintenance requirements (Municipal Operations Department of the City of Newport Beach, Big Canyon Reservoir Floating Cover Operation and Maintenance Plan (Revised March 2010), Section 3.2.3 Monthly Inspection and Maintenance) (For purposes of this Agreement, the Contractor shall only be required to perform the portions of this section that are underlined below). EC APPLICATIONS Page A -1 Contractor shall provide monthly reports to the City for all activities, maintenance, repairs, and deficiencies noted during any and all inspections. Contractor shall provide any additional "on- cover' services requested by the city on a time and material basis. An estimate of time and material to perform such duties shall be provided to the City and shall be approved by the Project Administrator in writing prior to the commencement of Work. 3.2.3 Monthly Inspection and Maintenance 3.2.3.1 Detailed Cover Inspection and Maintenance The Reservoir floating cover shall be physically inspected once a month by a minimum of two people by walking the entire floating cover surface in 25 -foot wide sections. The 25 -foot wide section shall be staggered between successive inspections to provide overlapping coverage. Following the safety procedures described in section 4.0, employees shall walk the entire surface of the floating cover, checking all hatches for damage and ensuring all hatch locks are in place. All rainwater collection troughs are examined for excess water, holes in the floating cover material or any debris that might clog the drainpipes or damage the floating cover material. Check operation of the rain water removal pump operation. If the rainwater collection troughs are dry, the pumps may be turned to manual and bumped on for operation check. If any debris found on the floating cover, including asphalt pebbles or collected dirt piles, is removed immediately. The typical items that the inspector might find are deflated balloons, golf balls, and small animal bones that local birds drop. The mixer channels shall be visually checked by opening the hatches. The water guality pumps shall be inspected by opening the hatches and checking they are secure. Check cables and electrical connections at the hatch. The sample pump operation is checked by checking pressure and flow at the sample analyzers. The inspector shall use the Monthly Inspection Checklist to perform the inspection, checking each item listed. The checklist is included as Section 6.3. If a deficiency is noted, contact the Water Production Staff for assistance and follow the guidelines described in Table B. EC APPLICATIONS Page A -2 Table B Observed Condition Action Pinholes, tears, abrasions, Mark area for repair. Repairs shall be made in accordance with seam failures, etc. Section 5.0. Remove all trash and debris from the floating cover by hand. Accumulations of dirt shall be Trash, debris or accumulations of dirt on the floating cover. removed with a soft - bristled broom. Check trough sump pump Report damage to Water housing for debris. Check Production Supervisor for power cords and discharge corrective action. hoses. Investigate rainwater collection trough for pinholes. Place temporary weights alongside Standing water in collection troughs. trough or lower reservoir water elevation to observe inside troughs. Inspect MWD surge tower Report damage to Water structure for debris and valve Production Supervisor for operation. corrective action. Inspect overflow spillway for Report damage to Water damage, animal intrusion, etc. Production Supervisor for corrective action. Inspect vent screens for Report damage to Water damage. Production Supervisor for corrective action. Check hatches for security. Secure hatch with padlock. Check safety equipment for Report damage to Water Production Supervisor for wear and operation. corrective action. 3.2.4 Quarterly Inspection and Maintenance 3.2.4.1 Pump Inspection and Maintenance Rainwater removal pumps shall be removed inspected, and screens cleaned on a quarterly basis. Water quality sampling pumps shall be removed. inspected. cleaned. and periodic maintenance at defined interval. Check manufacture's maintenance manual for detailed service instructions. Record findings on the "Quarterly Inspection Record" as shown in section 6.4 EC APPLICATIONS Page A -3 EXHIBIT B SCHEDULE OF BILLING RATES Emergency Repairs to rPP Floating Cover (March — April 2010) Description Est. Qty. Unit Price Extended General Conditions /Mobilization 1 EA $1,200.00 $1,200.00 Inspection 1 LS $1,800.00 $1,800.00 Repair (personnel) 35 MD $585.00 $20,475.00 Repair (equipment) 7 DY $640.00 $4,480.00 Written Report/ Repair Documentation 1 LS $780.00 $780.00 Est. Total $28,735.00 2. Modifications to rPP Floating Cover (August — Oct. 2010) Description Est. Qty. Unit Price Extended General Conditions /Mobilization 1 EA $1,200.00 $1,200.00 Repair (personnel) 72 MD $585.00 $42,120.00 Repair (equipment) 7 DY $640.00 $4,480.00 Written Report/ Repair Documentation 1 LS $780.00 $780.00 Est. Total $48,580.00 EC APPLICATIONS Page B -1 3. Ongoing Maintenance of rPP Floating Cover Duties & Responsibilities o Monthly On -Cover Inspections Description Est. Qty. Unit Price Unit Price Monthly On -Cover Inspections (personnel) 1 LS $1,600.00 $1,600.00 Safety Equipment 1 LS $400.00 $400.00 Documentation/ Inspection Report 1 LS $500.00 $500.00 Subtotal Total Monthly $2,500.00 Annual Total (8x1 yr) $20,000.00 o Quarterly In Hole/ Tear Repairs Description Est. Qty. Unit Price Unit Price Repair Personnel (5 men x 1 Day) 5 LS $585.00 $2,925.00 Repair/ Safety Equipment 1 LS $1,280.00 $1,280.00 Documentation/ Inspection Report 1 LS $500.00 $500.00 Subtotal Total Quarterly $4,705.00 Annual Total (4x/ yr) $18,820.00 0 As- Needed Repair Contingency Description Est. Qty. Unit Price Unit Price Repair Personnel 6 LS $585.00 $3,510.00 Total $3,510.00 EC APPLICATIONS Page B -2 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 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. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate and two million dollars ($2,000,000) completed operations 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. Contractor 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 Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. endorsed to contain, the following provisions: The policies are to contain, or be EC APPLICATIONS Page C -1 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 Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability (if required), shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insured's 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. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 Citys Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, EC APPLICATIONS Page C -2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractors right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. EC APPLICATIONS Page C -3 AMENDMENT RIO. THREE TO REPAIR SERVICES AGREEMENT WITH EROSION CONTROL APPLICATIONS, INC. DEA ECAPPLICATIONS FOR SIG CANYON RESERVOIR FLOATING COVER 1 THIS AMENDMENT NO. THREE TO REPAIR SERVICES AGREEMENT ( "Amendment No. Three "), is entered into as of this sue^ day of Sarwar" 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and EROSION CONTROL APPLICATIONS doing business as ( "DBA ") ECAPPLICATIONS, a California Corporation whose address is 415– W —Taft- Avenue - Suite++ Orange, California 92865 ("Contractor"), and is made with reference to the following: SIrcL$- RECITALS: A. On June 29, 2010, City and Contractor entered into an Agreement for Repair Services ( "Agreement") for the Big Canyon Reservoir Floating Cover ('Project'). B. On November 15, 2010, City and Contractor entered into Amendment No. One to the Agreement to extend the term, increase the scope of work, and increase the total compensation ( "Amendment No. One "). C. On March 31, 2011, City and Contractor entered into Amendment No. Two to the Agreement to increase the scope of work and increase the total compensation ( "Amendment No. Two "). D. City desires to enter into this Amendment No. Three to reflect additional services not included in the Agreement or prior Amendments, to extend the term of the Agreement to December 31, 2013, to increase the total compensation and update insurance requirements. E. City and Contractor mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM Section 1 of the Agreement, as amended shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2013, unless terminated earlier as provided for in Agreement. 2. SCOPE OF SERVICES Section 2 of the Agreement, as amended, shall be supplemented to include the additional scope of services identified in the "Additional Authorization Request" dated December 1, 2011 attached hereto as exhibit A and incorporated herein by reference. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement as amended shall be amended in its entirety and replaced with the following: City shall pay Contractor for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, the Schedule of Billing Rates attached to the Agreement, and the Additional Authorization Request dated December 1, 2011. Consultant's total amended compensation for all work performed in accordance with this Agreement and all prior amendments, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Eighteen Thousand, Six Hundred Fifteen Dollars and no /100 ($118,615.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. Three including all reimbursable items and subconsultant fees, in an amount not to exceed Forty -One Thousand, Three Hundred Dollars and no /100 ($41,300.00), without prior written authorization from City. 4. ADMINISTRATION Section 5 of the Agreement, as amended shall be amended in its entirety and replaced with the following: This Agreement will be administered by the Municipal Operations Department. George Murdoch, Utilities General Manager, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 5. NO ATTORNEY FEES In the event of any dispute of legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 6. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement as amended shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Three on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I Z'/ t-0 /I I By: �- Aaron C. Harp City Attorney ATTEST: J '� Date: I By: 1n I 1PllAnl 1. Rmwn I City Clerk Attachment: CITY OF NEWPORT BEACH, A California municipal corporation Date: I - l9_ yort By: Dave Kiff) City Manager CONTRACTOR: EROSION CONTROL APPLICATIONS, INC. DBA ECAPPLICATIONS, a California Corporation Date: 7 I S O I Z By: Christopher Fore, President and Treasurer Exhibit A — Additional Authorization request dated December 1, 2011 CA)) ECApplicati®ns ADDITIONAL AUTHORIZATION REQUEST BIG CANYON FLOATING COVER MODIFICATIONS December 1, 2011 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Attn: Mr. Mike Sinacori, P.E. RE: Big Canyon Reservoir Floating Cover — Additional Authorization Request Repairs and Maintenance of rPP Floating Cover The following reflects the estimated cost for ongoing maintenance and repairs of the Big Canyon Reservoir rPP Floating Cover. Item Monthly On -Cover Inspections Est. Q Unit Price Extended 1 Monthly On -Cover Ins ections ersonnel 1 LS $1,600.000 $1,600.00 2 Safe Equipment 1 LS $400.000 $400.00 3 Documentation / Inspection Report 1 LS $500.0001 $500.00 Monthly Total $2,500.00 Four Months Inspections Sub Total 1 $10,000.00 Item Quarterly Pin Hole / Tear Repairs Est. Qty. Unit Price Extended 1 Repair Personnel 5 men x 1 day) 5 MDS $585.000 $2,925.00 2 Repair/ Safet Equipment 1 DAY $1,280.000 $1,280.00 3 Documentation / Inspection Report 1 LS $500.000 $500.00 4 Repair Materials - as required @ cost + 150/ Total $4,705.00 Two Quarterly Inspection / Repairs Sub Total $9,410.00 Item Bi- Annual Reservoir Cleaning Est. Qtjr. Unit Price Extended 1 Bi- Annual Floating Cover Cleanin 1 LS $17,55-0.0- 00 $17,550.00 2 Repair/ Safe Equipment 1 1, LS $3840000 $3,840.00 3 Documentation / Inspection Report LS $500.000 $500.00 Bi- Annual Cleaning Sub Total $21,890.00 Grand Total $41,300.00 Should ECA be directed by the City to proceed with additional repairs beyond the estimated scope, the daily rates above will apply to all additional work. EC Applications, Inc. 650 N. Batavia Street Orange, California 92868 Office (714) 921 -9848 Fax (866) 475 -1225 www.FloatingCovers.com _It , AMENDMENT NO. TWO TO REPAIR SERVICES AGREEMENT WITH EROSION CONTROL APPLICATIONS, INC. DBA ECAPPLICATIONS, INC. FOR BIG CANYON RESERVOIR FLOATING COVER THIS AMENDMENT NO. TWO TO REPAIR SERVICES AGREEMENT ( "Amendment No. Two "), is entered into as of this _3LTday of ffrrcJ- , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and Erosion Control Applications, Inc., a California Corporation doing business as ( "dba ") ECAPPLICATIONS, INC., whose address is 415 W. Taft Avenue, Suite H, Orange, California 92865 ( "Contractor"), and is made with reference to the following: RECITALS: A. On June 29, 2010, City and Contractor entered into a Repair Services Agreement ( "Agreement ") for repair services to the Big Canyon Reservoir Floating Cover ('Project "). B. On November 15, 2010, City and Contractor entered into Amendment No. One to the Agreement to extend the term, increase the scope of work, and increase the total compensation ( "Amendment No. One "). C. City desires to enter into this Amendment No. Two to reflect additional services not included in the Agreement or prior Amendment, to increase the scope of work and increase the total compensation. D. City and Contractor mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. SERVICES TO BE PERFORMED Section 2 of the Agreement, as amended, shall be supplemented to include the Scope of Services dated December 10, 2010, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks from the Scope of Services at its sole discretion. 2. COMPENSATION Section 4 of the Agreement, as amended, shall be amended in its entirety and replaced With the following: As full compensation for the performance and completion of the Project as required by the Scope of Services, as supplemented, and Schedule of Billing Rates, as supplemented by Exhibit A attached hereto, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy -Seven Thousand, Three Hundred Fifteen Dollars and 00/100 ($77,315.00). Contractor shall not receive any additional compensation unless approved in advance by City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The cost of materials and equipment delivered and suitably stored for subsequent incorporation in the Project work shall be included in progress payments. City shall pay Contractor no later than 30 days after approval of the monthly invoice by City staff. 3. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement and all prior amendments shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. Two on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: A& �F- c By: Ta ) Leo ie Mu vi ' Assistant City Attorney ATTEST: Date: B `� - 2. 1Y Leilani I. Brown City Clerk Attach CITY OF NEWPORT BEACH, A California municipal corporation Date: 141-u) i� By: q-- �• Dave KiffJ City Manager CONTRACTOR: EROSION CONTROL APPLICATIONS, Inc., a California Corporation dba ECAPPLICATIONS, INC. Date: -313(/Il By: lufL Christopher Fore l I President and Treasurer A — Additional Services to be Performed ACORb® CERTIFICATE OF LIABILITY INSURANCE 1`.� DATE (MIN DUTITYrn 412012011 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. U 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 Garrett/Mosier /Griffith /Sistrunk Ins. Services CONTACT NAME: PHONE (949)559-6700 ac No: M91559-6703 12 Truman Irvine, CA 92620 EMAIL ADDRESS:_ INSURER($) AFFORDING COVERAGE NAIC# EEAACMHOOECCURRENCE INSURER A: Westchester Surplus Lines Insurance 10172 www.garrett- mosier.com 0884519 INSURED Erosion Control Applications, Inc. 415 W. Taft. Ste. H Orange CA 92865 INSURER B: Golden Ean le Insurance Corp. 10836 INSURER C, Granite State Insurance Co. 23809 INSURER D $ INSURER E: CIAIMS -MADE a OCCUR .,On. F COVERAGES CERTIFICATE NIIMRER- 10nnSR9R REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL SUBR LTR POLICY NUMBER POLICY EFF POLICY EXP LIMITS MM,nDfYYYY MMIDO A GENERAL LIABILITY 1/20/2011 2%23/2012 EEAACMHOOECCURRENCE $ 1,ODD,000 Y( COMMERCIAL GENERAL LIABILITY 11323799741005 PREMISES EaEgM=., ) $ 50,000 CIAIMS -MADE a OCCUR MED EXP imy one Person) $ 5,000 PERSONAL M ADV INJURY $ 1,000,000 ✓ XCU Included I ✓ $5000 Ded Per OCC GENERAL AGGREGATE $ 2,000,000 I GEN'L AGGREGATE . -_ LIMIT APPLIES PER. PRODUCTS - COMPIOP AGG $ 2,000,000 $ POLICY PR 7 LOG B AUTOMOBILE LIABILITY BA$$27071 1/20/2011 2!23!2012 peckled IT $ 1 000 000 ✓ BODILY INJURY(Per person) S .,^. ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS ✓ NOW-OWNED AUTOS BODILY INJURY (Per accident) $ ✓ rR,1 RTY' AMAGE acct ent $ $ ✓ $500 Comp.Ded i $ ✓ 500 Collision A UMBRELLA LIAR V OCCUR 623829617005 1120!2011 2123!2012 EACH OCCURRENCE $ 300000 AGGREGATE $ 3,000,0 ✓ EXCESS LIAR _ CLAIMS -MADE DIED REIEMIDN$ $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TNEW YIN ANY CERIMEETORIPARTNDED' CUTIVE OFFICEary in ER EXCLUDED' 1Mandatory in NH) NIA WC9970984 IWCOO1863811 1/3!2011 2!23/2011 2/23/2011 2/23/2012 YVC STATLL ✓ TORY LIM EL EACH ACCIDENT $ 1 DO OLIO E L. DISEASE - EA EMPLOYEE $ $ 1000000 If yes describe under DESCRIPTION OFOPERAVDNSbNm• EL DISEASE - POLICY LIMIT A Professional Liability G23799741005 1!20!2011 ; 212312012 $ 1,000,000- Claims Made Pollution Liability $ 1,000,000 Each Occurrence 5,000 Deductible DESCRIPTION OF OPERATIONS I LOOAIIONS f VEHICLE$ (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: The Big Canyon Reservoir Floating Cover Repairs, Newport Beach, CA Hilts Consulting Group and City of Newport Beach Public Works Department, its Additional Insured per CG2010 1185 attached as required by written contract with officers, officials, employees and volunteers are respects to work performed for them by Erosion Control Applications. Inc under general liability Coverage and this insurance is primary and non contributory. Waiver of subro alion included untler workers compensation & general liabilit CERTIFICATE HOLDER CANCELLATION The Big Canyon Reservoir Floating cover Repairs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach Utilities Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. IN 3300 Newport Boulevard Newport Beach CA 92663 AUMOR12EDREPRESENTATIVE / \/ Griff Griffith © 198&2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD CERS HO.. 1C0056]6 ?ny.l is 'aenacne .4012011 9.51.:2 ?M Page 1 of 9 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The fdbwing'attaching dause need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 13/2011 Erosion Control Applications, nc. Issued to By GRANITE STATE INSURANCE COMPANY forms a part of Policy No. WC9970984 We have aright to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC 04 03 61 Countersigned by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Ed. 11190) Authorized Representative CEP.T NO I0005626 Phylltc Ne[m.`.e i]C;;WI o:cl l: AM Pa'c 1 01 i Named Insured Endorsement Number Erosion Control Applications, Inc. Policy Symbol Policy Number Police Period Effective Date of Endorsement G23799741005 1/20/201¢0 2/23/2012 4/20/2011 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appncaDle to inls endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products- completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV -3143 (03 -D5) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 CERT NC . 10005626 Ph1`1 Me[a i`e 9i ]C /2011 Y.p ;!2 AM Page l o. 5 G23799741005 Erosion Control Applications, Inc. 4/20/2011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: AS REQUIRED BY CONTRACT, PROVIDED THE CONTRACT IS EXECUTED PRIOR TO LOSS (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 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. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 CERT NO.: 1COGS626 P.111 s Ncrasoc 9!20J2011 9:51 3I . iege 9 01 Named Insured Erosion Control Applications, Inc. Endorsement Number Policy Symbol I Poll Number 2399741005 Policy Period 112012011 To 21231'2012 EBecim Date of Endorsement 12012071 Issued By (Name of ra ca an WesichesFerlurplus Lines Insurance Insert the policy number. The remainder of the information is to be completed only when this endorsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV -3100 (W04) Includes copyrighted material of Insurance Services Office, Inc. with Its permission Page 1 of 1 CeP.I wo.: IoCO;f21 1 .1 l: All ?aqc 5 of 5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4/13/2011 Date Completed: 4/1412011 Dept. /Contact Received From: Joan Sent to: Joan By: Joel Company /Person required to have certificate: _ Erosion Control Applications, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Westchester Surplus Lines Insurance 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 F D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) Yes No O F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes No O G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes FX No 0 H. 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 0 No F I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eaole Insurance Corp. B. AM BEST RATING (A-: VII or greater) A, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes FX No 0 D. LIMITS (Must be $t M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A Yes ( No 1- F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4113/2011 Dept. /Contact Received From: Joan Date Completed: 4/14/2011 Sent to: Joan By: Joel Company /Person required to have certificate: Erosion Control Applications, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Westchester Surplus Lines Insurance Co. B. AM BEST RATING (A-: VII or greater): A +; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes 0 No D. LIMITS (Must be $1M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does Yes OX No 0 not apply to Waste Haulers) F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes OX No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes F7X No H. 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 0 No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. New Acord Wording 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eaole Insurance Corp. B. AM BEST RATING (A-: VII or greater) A, XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes OX No 0 D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA Yes No _.. F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. New Acord Wording ITI. WORKERS' COMPENSATION A. INSURANCE COMPANY: Granite State Insurance Co. B. AM BEST RATING (A- C. LIMITS: VII or greater): A; X V Statutory X D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes [X] No Yes FX-] No Q IF NO, WHICH ITEMS NEED TO BE COMPLETED? Westchester Surplus Lines Ins. Is a non - admitted carrier NOTES: Endorsement CG20101185 attached in lieu of ENV 3101 Approved: Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach Requires approval/exception/waiver by Risk Management B &B initials Comments: A7Ld �IaDi kI%nagement A- I'M Date r >� >a AMENDMENT NO. ONE TO REPAIR SERVICES AGREEMENT WITH ECAPPLICATIONS, INC. FOR BIG CANYON RESERVOIR FLOATING COVER THIS AMENDMENT NO. ONE TO REPAIR SERVICES iAGREEMENT ( "Amendment No. One "), is entered into as of this i5_ day of NdYen W , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ECAPPLICATIONS, INC., a California Corporation whose address is 415 W. Taft Avenue, Suite H, Orange, California 92865 ( "Consultant "), and is made with reference to the following: RECITALS: A. On June 29, 2010, City and Consultant entered into a Repair Services Agreement ( "Agreement ") for repair services for the Big Canyon Reservoir Floating Cover ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2011, and to increase the total compensation. C. City and Consultant mutually desire to amend the agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall terminate on December 31, 2011, unless terminated earlier as provided for in Agreement. 2. SERVICES TO BE PERFORMED Section 2 of the Agreement shall be supplemented to include the Scope of Services dated August 24, 2010, which is attached hereto as Exhibit 'A' and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: 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 to the Agreement. Consultant's total amended compensation for all work performed in accordance with this Agreement including all reimbursable items and subconsultant fees, shall not exceed Forty -Eight Thousand, Five Hundred Forty Dollars and no/100 ($48,540.00) without prior written authorization from City ("Total Amended Compensation"). 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Nineteen Thousand, Eight Hundred Five Dollars and no/100 ($19,805.00), without prior written authorization from City. 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. One on the dates below. APPROVED AS TO FORM: OFFICE(,Qf T C CITY ATTORNEY at Da e:IJ /Il;ll Leonie Mulvihill, Assistant City Attorney ATTEST: Date: By: Lei Cit) CITY OF NEWPORT BEACH, A California municipal corporation Date: 1� (i o) ►�� By: 61- � Dav iff, City Manager CONSULTANT: ECAPPLICATIONS, INC., a California corporation Date: By: _d7e�& Christopher ForA, President and Treasurer Attachment: Exhibit A — Additional Services to be Performed I EXHIBIT A 041) ECApplications ADDITIONAL AUTHORIZATION REQUEST BIG CANYON FLOATING COVER MODIFICATIONS August 24, 2010 City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Attn: Mr. Mike Sinacori, P.E. RE: Big Canyon Reservoir Floating Cover — Additional Authorization Request Modifications to Floating Cover at Mixer Grillages The following reflects the requested cost estimate to complete the modifications to the floating cover at each of the four mixer grillages as discussed during the site visit of August 18, 2010, in accordance with the conceptual drawing provided by Hilts Consulting Group, Inc. (SK -1 attached). This anticipated scope includes: • Floating Cover modifications in the area of each of the four (4) mixer grillages. • Mark, cut, demolish and dispose of existing floating cover materials in the areas of anticipated repair, per drawing. • Replace floating cover areas over existing grillages protected in place and perform QC testing of same. • Written Final Report (documenting inspection and repairs) • ECA to provide safety gear, equipment and experienced, trained personnel The pricing below is based upon the City providing the following: • rPP materials (roll stock) and rPP weld rod • Inspection, independent testing and disinfection (if required). • Dumpster for disposal of existing rPP materials after removal. Itert Description Est. Qty Unit Price Extended 1 General Conditions / Mobilization 1 EA $1,200.000 $1,200.00 3 Repair (personnel) 5 men x 5 days 25 MD $585.000 $14,625.00 4 Repair (equipment) 1 lot x 5 days 5 DY $640.000 $3,200.00 5 Written Report / Repair Documentation 1 LS $780.000 $780.00 Est. Total $19,805.00 Schedule: ECA repair crews available to complete the repairs at the direction of the City. ECA suggests the schedule for this work be coordinated so as to minimize the effect of water in the reservoir on the floating cover (i.e. — the reservoir should be at its lowest operating level possible). The work is anticipated to be complete in rive (5) work days. Should ECA be directed by the City to proceed with additional repairs beyond the estimated five work days, the daily rates above will apply to all additional work. 415 W. Taft Avenue, Suite H Orange, California 92865 Office (714) 921 -9848 Fax (866) 475 -1225 www.FloatingCovers.com Of) ECApplications Regards, EC Applications, Inc. Christopher Fore President Cc File 103044 Douglas Hilts, S.E. - HCG Nicolas Gonzalez —ECA 415 W. Taft Avenue, Suite H Orange, California 92865 Office (714) 921 -9848 Fax(866)475 -1225 www.FloatingCovers.com AGREEMENT FOR REPAIR SERVICES �— FOR BIG CANYON RESERVOIR FLOATING COVER WITH ECAPPLICATIONS, INC. 11� THIS AGREEMENT FOR REPAIR SERVICES ( "Agreement" or "Contract") is made and entered into as of this J&day of June, 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ( "City "), and ECAPPLICATIONS, INC., a California Corporation ( "Contractor'), whose principal place of business is 415 W. Taff Avenue, Suite H, Orange, California 92865 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repairs to its floating cover on the Big Canyon Reservoir. C. City desires to engage Contractor to inspect, repair and provide a written report on the floating cover ( "Project "). Contractor has agreed to perform the Project over a period of seven (7) working days, upon receipt of Notice to Proceed from the City. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31St day of May 2011, unless terminated earlier as set forth herein. 2. SCOPE OF WORK Contractor shall perform all the services described in the Scope of Work attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Contractor shall complete the Work within the time set forth in this Section. The failure by Contractor to meet this deadline may result in termination of this Agreement by City. 4. COMPENSATION As full compensation for the performance and completion of the Project as required by the Scope of Work and Schedule of Billing Rates attached hereto as Exhibit A, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty -Eight Thousand, Seven Hundred Thirty -Five Dollars and 00/100 ($28,735.00). Contractor shall not receive any additional compensation unless approved in advance by the City in writing. The City shall make progress payments as the Project work proceeds based on the percentage of Project work completed. The cost of materials and equipment delivered and suitably stored for subsequent incorporation in the Project work shall be included in progress payments. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 5. ADMINISTRATION This Agreement will be administered by the Public Works Department. Mike Sinacori or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE 6.1 Contractor shall use only the standard materials described in Exhibit A in performing services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 6.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with 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. 2 1 P a g e 7. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 7.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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). 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 Contract. 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. 7.4 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any 31 Page private or public property damaged during the performance of the Project work. 7.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 7.6 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 9. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 10. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. The cost of such insurance shall be included in Contractor's bid. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. 41 Page b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: 51 Page L City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 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. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which 10 days notice is required.. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self- insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self - insure its obligations to City. If contractors existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. • • .. a f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these 71 Page specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 11. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 12. SUBCONTRACTING City and Contractor agree that subcontractors may be used to complete the work outlined in the Scope of Services provided the Contractor obtains City approval prior to the subcontractor performing any work. Contractor shall be fully responsible to City for all acts and omissions of the subcontractors. Nothing in this Contract shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 13. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Contract. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 81Page ... ...... ..._...J 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 provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 17. 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. 18. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 19. INTEGRATED AGREEMENT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. 20. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 21. 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. 22. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project Proposal and Scope of Work. 101Page 23. 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. 24. 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. 25. WARRANTY Contractor agrees that the Big Canyon Reservoir Floating Cover repairs made pursuant to this Agreement shall be covered by a one year wear warranty. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By:% f r Mynet e . Bs I champ, v' Assis ant City ttorney ATTEST: By: CITY OF NEWPORT BE A California Municipal Mien G. Badum, lic Works Director CONTRACTOR: ECAPPLICATIONS, INC Attachments: ChristopheFore, President a d Treasurer H, )ration Exhibit A - Scope of Services and Schedule of Billing Rates FORM Maintenance and or Repair Services Agreement 2010 11 JPage EXHIBIT A SCOPE OF SERVICES SCHDEULE OF BILLING RATES A -1 I Page 041 ECApplications PROPOSAL EMERGENCY FLOATING COVER INSPECTION / REPAIRS March 26, 2010 (revised July 7, 2010) City of Newport Beach 3300 Newport Blvd Newport Beach, CA 92663 Attn: Mr. Mike Sinacori, P.E. RE: Big Canyon Reservoir: Floating Cover Emergency Repairs The following reflects the requested cost estimate to complete the inspection and emergency repairs discussed during the site visit of March 23, 2010. This anticipated scope includes: • Complete (on cover) inspection and development of a priority list of floating cover areas requiring emergency temporary repairs. • Complete temporary repairs to identified priority areas: including isolated repair of concentrated areas of degraded rPP materials along grillages, hatches and vents. • Written Final Report (documenting inspection and repairs) • ECA to provide safety gear, equipment and experienced, trained personnel The pricing below is based upon the City providing the following: • rPP materials (roll stock) and rPP weld rod • Inspection, independent testing and disinfection (if required). Item Description Est. Q Unit Price Extended 1 General Conditions / Mobilization 1 EA $1,200.000 $1,200.0 2 Inspection on cover 1 LS $1,800.000 $1,800.00 3 Repair (personnel) 5 men x 7 days 35 MD $585.000 $20,475.0 0 4 Repair (equipment) 1 lot x 7 days 7 DY $640.000 $4,480.0 5 Written Report / Repair Documentation 1 LS $780.000 $780.00 Est. Total $28,735.00 Schedule: ECA repair crews are immediately available. The work is anticipated to be complete in seven (7) work days. Should ECA be directed by the City to proceed with additional repairs beyond the estimated seven work days, the daily rates above will apply to all additional work. Regards, EC Applications, Inc. Christopher Fore President 415 W. Taft Avenue, Suite H Orange, Califomia 92865 Office (714) 921 -9848 Fax (866) 475 -1225 www.FloatingCovers.com f I Q� c°® CERTIFICATE OF LIABILITY INSURANCE DATELW; Uror l PRooucm Garrett/Mosier /Griffith /Sistrunk Ins. Services 12 Truman Irvine, CA 92620 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. INSURERS AFFORDING COVERAGE NAIC # OBB4519 (949)559700 www.gamett-mosier.com (949)559-6703 INSURED Erosion Control Applications, Inc. INSURER Westchester Surplus; Lines Insurance LIMITS 415 W. Taft Avenue Ste. H Orange CA 92865 INSURER B: Travalars Indemnity Co. of Conn. GENERAL UAWLITY INSURER o: Grande State Insurance Co. 11312010 NSURER D EACHOCCURRENCE $ 1000000 INSURER E: ✓ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR '-COVERAGES 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 JM.M AM-L 3300 Newport Boulevard POLC NUMBER POLICYEFFECTIVE POLMYEXPIRATION I LIMITS .A GENERAL UAWLITY G23799741004 11312010 1120/2011 EACHOCCURRENCE $ 1000000 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PREMISES Ea�T D ce S 50000 MEDEP (Any one parson) $ 5,000 PERSONALSADVIN,URY $ 1,000000 GENERAL AGGREGATE $ 2000,130 0 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $ 2,000,000 POLICY IRO- LOC JECT B AUTMOBNF UASILITY rwYAUro BA9243C640 -10 1/5/2010 1/20/2011 COMBINED SINGLE LIMIT fee accident) $ 1,000,000 BODILY INJURY teat Pere°^) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per ddanl) denl} ec $ HIRED AUTOS NON-0WNED gUT05 PROPERTY DAMAGE (Per accident) $ $500 COmD.Ded DO Collision GARAGE UABILII'r AUTO ONLY. EA ACCIDENT S OTHER MAN EA ACC $ ANYAUTO S AUTO ONLY: AGG A EXCESS I UMBRELLA LIABILITY ✓ OCCUR F-1 CLAIMS MADE G238296170M 113/2010 112012011 EACHOCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 $ g DEDUCTIBLE $ RETENTION $ (; WORKERS COMPENSATION AND EMPLOYERS'UABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE❑ OFFIC(iRIMEMBER EXCLUDED? W0001914102 1/3/2010 1/312011 WC STATU OTH ✓ QBIIIMITS E.L.EACHACCIOGNT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1 000.00 (Mandatary in NH) N yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER A Professional Liab. G23799741004 1/312010 1120/2011 $1,000,000 - Claims Made Pollution Liab. 102010 W012011 $1,000,000 -Each Occurrence $5,000 Deductible DESCRIPTION OF OPERATIONS; LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: The Big Canyon Reservoir Floating Cover Repairs, Newport Beach, CA Hilts Consulting Group and City of Newport Beach Public Works Department, its officers, officials, employees and volunteers are additional insured per ENV 3101 (08104) attached as required by written contract with respects to work performed for them by Erosion Control Applications, Inc. under general liability coverage and this insurance is primary and non contributory. Waive: 3f subrogation included under workers compensation & general liability CERTIFICATE HOLDER CANCELLATION The Big Canyon Reservoir Floating Cover Repairs SHOULDANYOF THE ABOVE DESCRIBED POUCIESBE CANCELLED BEFORE THE EXPIRAT ION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 O DAYS WRITTEN Utilities Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 3300 Newport Boulevard IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport Beach CA 92663 REPRESENTATIVES. 'IODaysfor N9A^ aya PPhshJh1em AUTIl0RIZED REPRESENTATIVE /yahaK7a Grill Griffith ACORD 25 (2009/01) CERR W. ?253092 A ea Chastain 4/21/2010 4:13:19 PH Page 1 Or 5 ©1988 -2009 ACORD CORPORATION. All rights reserved. tt ' O i - l 1 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). IBMIJWn\1i514d This Certificate of Insurance 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. Awrcu zo tzuusruit CERY NO.: 7253092 MOrea Chastain 4/21/2010 4:13:19 PM Page 2 of 5 BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The tdbwing' attaching clause' need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 13/2010 Erosion Control Applications, nc. Issued to By GRANITE STATE INSURANCE COMPANY forms a part of Policy No. WC001914102 We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for this policy. WC D4 03 61 Counterstgned by - - - _ - - _ -- - - - - - - - - - - - - - - - - - - - - - (Ed. 11190) Authorized Representative CMT W.: 7253092 An ea Cl Scaln 1/21/2010 9:13:19 P Page 3 of 5 Named Insured Endorsement Number Erosion Control Alpelications, Inc. Policy Symbd Policy Number Policy Period Effective ate 623799741004 1/3/2010ro 1/2012011 !2Endorsement Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Insert the policy number. The remainder of the Information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT - OWNERS, LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. no entry appears as applicable to this endorsement.) SECTION II -WHO IS AN INSURED is amended to include: A. SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV -3101 (08 -04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 CERS NO.: ?353093 N r.. CA tai. 4/21/2010 4:13:19 M Page 4 of 5 Named Insured Endorsement Number Erosion Control Applications, Inc. Policy Symbol Porky Number Policy 'onod Effective Date of Endorsement G22 741004 1/3/2010Tp U20/2011 4/21/2010 Issued By (Name of Insurance company) Westchester Surplus Lines Insurance Insert the policy number. The remainder of the information is to be completed only when this eMOrsement Is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products - completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV -3143 (0305) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 CE &T M.: 7253092 A rtl C Stain 4/21/2010 9:13:19 PM Page 5 of 5 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 04129 /2010 Dept. /Contact Received From: Joan Ackerman Date Completed: 05/03/2010 Sent to: Joan Ackerman By: Michelle Ross Company /Person required to have certificate: Erosion Control Applications, Inc. Service(s) Provided: Inspection & Repair to BCR Floating Cover I. GENERAL LIABILITY A. INSURANCE COMPANY: Westchester Surplus Lines Insurance B. EFFECTIVE DATES: 01/03/2010 to 01/20/2011 C. AM BEST RATING (A-: VII or greater): "A +"(XII) D. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No $1,000,000 plus E. LIMITS (Must be $1M or greater): What is limit provided? $2,000,000 Umbrella F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No G. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No H. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No I. 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 J. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Indemnitv Co. of CT B. EFFECTIVE DATES: 0 110 512 01 0 to 0112012011 C. AM BEST RATING (A-; VII or greater) "A + "(XV) D. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No E. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 plus What is limits provided? $2,000,000 Umbrella F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): n/a Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Granite State Insurance Co. B. EFFECTIVE DATES: 01103/2010 to 01103/2011 C. AM BEST RATING (A-: VII or greater): "A "(XV) D. LIMITS: Statutory E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Carrier is non - admitted Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach ® Requires approval/exception/walver by Risk Management B &B initials Comments: Due to non - admitted status Approved: 6 A�,O, Risk Management Date