HomeMy WebLinkAboutC-5704 - On-Call PSA for Land Survey ServicesJ
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ON-CALL PROFESSIONAL SERVICES AGREEMENT
i WITH TOWILL, INC. FOR
v LAND SURVEY SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is
made and entered into as of this 27th day of November, 2013 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and TOWILL, INC., a California corporation ( "Consultant'), whose
address is 2300 Clayton Road, Suite 1200, Concord, CA 94520, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to perform on -call survey services throughout
the City on an as needed basis ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
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3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 001100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
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who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Lisa Henstridge to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
S. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant 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 Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or 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.
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9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
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term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint - venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
orjoint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
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deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CARD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
17.4 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City "As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
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25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Deputy Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Janis Loucks
Towill, Inc.
2300 Clayton Road, Suite 1200
Concord, CA 94520
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
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for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
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herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controllina 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.
29.10 Eaual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Towill, Inc. •.•
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: ( I - l i - I
By.
Aaron C. arp
City Attorney
ATTEST: /
Date: 1 • ��
C
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1-S
By:
Dave . Kiff
City Manager
CONSULTANT: Towill, Inc., a California
corporation
Date:_ /2 - %/-
i
By:
Ke Meme
President
Date: //;), -le-13
By:4U'Itjtt--J
ri'is Loucks
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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SCOPE OF WORK
Land Survey
Consultant shall provide land survey services required for various City capital
improvement projects and development related services. The following is a list of
survey services that may be required:
• Performing horizontal and vertical control
• Perform design and topographic surveys
• Setting aerial targets and performing photo control
• Aerial and topographic surveys for project layout and design
• Performing boundary surveys and boundary analysis
• Performing centerline surveys and centerline ties
• Preparing corner records
• Preparing Records of Survey
• Preparing/Reviewing legal descriptions and plat maps
• Reviewing Subdivision Maps, Tentative and Final
• Reviewing Title Reports
• Performing construction staking for various public works projects
EXHIBIT B
SCHEDULE OF BILLING RATES
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AUTHORIZED OVERTIME LABOR RATES
Labor Description Hourly Rate
Saturdays and in Excess of 8 hours on Weekdays 1.5 times Regular Rate
Sundays and Holidays 2.0 times Regular Rate
OTHER DIRECT COSTS
Client shall pay the direct costs for any applicable governmental fees, title company charges,
subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, mileage, travel
costs, rental trucks, rental survey equipment, and delivery or messenger services incurred on
Client's behalf.
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City of Newport Beach y
On Call Professional Engineering Services
— - - - -- -- Proposal Number 14 -11
Service: Land Survey
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FEE SCHEDULE
HOURLY BILLING RATE SCHEDULE
Effective through December 31, 2015
LAND SURVEYING SERVICES
Labor Description
Hourly Rate
Principal Land Surveyor
$195.00
Survey Project Manager
$175.00
Project Surveyor
$145.00
Associate Surveyor
$130.00
Survey Technician (Office)
$115.00
CADD Technician
$ 95.00
Project Coordinator
$ 70.00
Prevailing Wage Rates by Field Survey Personnel Classifications*
Licensed Party Chief
$137.50 **
Certified Parry Chief
$135.50 **
Party Chief
$129.25 **
Instrument Person-
$120.00 **
Chain Person
$118.50 **
Apprentice
$ 91.00 **
*Field Survey Personnel are billed in increments of 4, 6, or 8 hours only.
** Towill is signatory to the international Operating Engineers Union (IOEU), Local 12. Hourly
rates are based on international Operating Engineers Union (IOEU), Local 12 negotiated wages.
Rates will be increased in accordance with annual IOEU Local 11 wage determinations.
AUTHORIZED OVERTIME LABOR RATES
Labor Description Hourly Rate
Saturdays and in Excess of 8 hours on Weekdays 1.5 times Regular Rate
Sundays and Holidays 2.0 times Regular Rate
OTHER DIRECT COSTS
Client shall pay the direct costs for any applicable governmental fees, title company charges,
subconsultant fees, outside vendor reproduction costs, in -house reproduction costs, mileage, travel
costs, rental trucks, rental survey equipment, and delivery or messenger services incurred on
Client's behalf.
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City of Newport Beach y
On Call Professional Engineering Services
— - - - -- -- Proposal Number 14 -11
Service: Land Survey
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INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Reguirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Towill, Inc. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Towill, Inc. !.•-
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Towill, Inc. Page C -3
Client#: 308812 TOWILL
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE Nix 11'2OMYYYi
I 1z/11tz013
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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in (feu of such endorsement(s).
Hub international
HUB InPI Insurance Serv. Inc.
P.O. Box 4047
Concord, CA 94524 -4047
Towill Inc.
2300 Clayton Road, Suite 1200
Concord, CA 94520
nvIRIU MP :
DI
Massachusetts Bay Insurance i
Navigators Specialty Ins Co
Travelers Prop Cas Co of Amer
Benefit Ins
I HIS IS 10 CERIIFY 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 CONTRACTOR 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.
ift ADDLSU @R' ^'_"�'_� POLICY EFF PQUdY E %p
R TYPE OF INSURANCE ,um unrn pnr ICY Nr,u,aca ruuurnnrcvvn I LIMITS
'.., A I GENERAL LIABILITY
MERCIAL GENERAL LIABILITY
CLAIMS -MADE LEI OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY „I. X[JPERO X—] LOG
E- AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X HIRED AUTOS X NOWOWNED
AUTOS
B UMBRELLA LIAB I X I OCCUR
Y. EXCESS UA@ F . -„..z
C WORRERSCOMPENSATION
AND EMPLOYERS' LIABILITY
In
D I PROFESSIONAL LIAB
ZDF916501902
AWF916289002
SF13EXC76377211C
PJUB109D860513
GENERAL AGGREGATE S
PRODUCTS- COMPIOPAGG $
$
BOOPE INJURY AG pereon) S
BODILY INJU RY(Per accident) $
PROPERTY DAMAGE $
Per accident
$
I�IAy_[N:I
LSH114124646 0610112013 06I0112011 Per Claim: $2,000,000
Aggregate: $3,000,000
DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (Attach ACORD 101, Admakmal Remarks Schedule, if more spat® is maimed)
Re: On -call Land Survey Services - Towill project #14393.
City of Newport Beach, its officers, officials, employees and agents, as additional insured and Primary
Wording applies to General Liability and Auto Liability per attached 421 -0778 0909, 421 -0452 0607, CA2048
0299 & CA0001 0306. Waiver of subrogation applies to General Liability, Auto Liability, Workers
Compensation and Professional Liability in favor of City of Newport Beach, per attached CG2404 0509,
461 -0155 9.97, WC990376 & GSL22001005, all as required by written contract.
City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Center Drive _
P.D. Box 176E AUTHORIZED REPRESENTATIVE
Newport Beach, CA 92660 1 _ — „
n 14RA.Idln ArnRn PnRPnRATNIN. All derma, reaua e.d.
ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S25561031M2406669 VB41
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CALIFORNIA COMMERCIAL GENERAL LIABILITY SPECIAL
BROADENING ENDORSEMENT
COMMERCIAL GENERAL UABIUTY COVERAGE PART
SUMMARY OF COVERAGES
1. Additional Insured by Contract, Agreement or Permit
Included
2. Additional Insured - Broad Form Vendors
Included
3. Aggregate Ur it per Location
Included
4. Alienated Premises
Included
5. • Bodily Injury Redefined
Included
6. Broad Fort Property Damage - Borrowed Equipment, Customers Goods &
Included
Use of Elevators
7. Extended Property Damage
Included
& Incidental Malpractice (Employed nurses, EMTs & paramedics)
Included
S. Knowledge of Occurrence
Included
1a Liberalization Clause
included
11. Medical Payments - Increased Limit
$ 10,000
12. Mobile Equipment Redefined
Included
13, Newly Acquired or Formed Organizations - Covered until end or policy period
Included
14. Non -owned Watercraft
51 ft.
15. Personal injury - Broad Form
Included
16. Product Recall Expense
Each Occurrence Li nit
$ 25,000
Aggregate Limit
$ 50,000
17. Property Damage Legal Liability (Fire, Lighting, Explosion, Smoke or Leakage carnage)
$ 500,000
1& Supplementary Payments Increased Limits
- Bel Bonds
$ 2.500
- Loss of Earnings
$ 300
19. Unintentional Failure to Disclose Hazards
Included
20. Unintentional Failure to Notify
Included
This endorsement amends coverages provided under the Commercial General Liability Coverage Form through new
coverages, higher lim is and broader coverage grants.
Additional Insured by Cantracy Agreement or
Permit
Under Section 0 - Who Is An Insured, Paragraph 4.
is added as follows:
4,a. Any person or organization with whom you
agreed, because of a written contract, written
agreement or pert to provide prance, is
an insured, but only with respect to:
(1) "Your work° for the aditoral insureds) at
the location designated in the contract,
agreement or permit or
(2) Premises you own, rent, tease or occupy.
This insurance applies on a primary basis
0 that is required by the written contract,
written agreement or permit.
I This proven does not apply:
(1) Unless the written contract or written
agreement has been executed or perm
has been "sued prior to tta "bodily M,
'property damage". 'personal injury" or
"advertising injury".
Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission.
421.0778 09 09
mm
Paw 1 of 6
(2) To any person or organization included as
an insured by an endorsement issued by
us and made part of this Coverage Pan,
(3) To any person or organization included
.as an insured under ftean 2 of this
endorsemenL
(4) Toany lessor of equipment
(a) After the equipment lease expires; or
(b) ff the "bodily injury", "property dam -
age ", 'personal injury' or "advertising
injury' arises out of sole negligence
of the lessor.
(5) To any.
(a) Owners or other interests from whom
land has been leased which takes
place after the lease for the land ex-
pires: or
(b) Marsgers or lessors of premises f:
(i) The ocourrerce takes place
after you cease to be a tenant in
that premises; or
(i) The "bodily injury", 'property
damage" "personal injury' or
"advertising injury" areas out of
structural aftemtions, new con-
struction or demolition
operations performed by or on
behalf of the manager or lessor.
2. Additional Insured - Broad Form Vendors
Under Section U - who is An insured, Paragraph 5. is
added as blows-
S. a. Any person or organization with whom you
agreed, because of a written contract or
written agreement to provide insurance, but
only with respect to "bodily injury' or "property
damage" arising out of 'your products" which
are distributed or sold in the regular course of
the vendors business, subject to the following
additional excisions:
b. The insurance afforded the vendor does not
apply to:
(1) "Bodily injury' or 'properly damage" for
which the vendor is obligated to pay dam-
ages by reasons of the assumption of IF
ability in a contract or agrees This
exclusion does riot apply to habirny for
damages that the insured would have in
the absence of the contract or agreement;
(2) Any express warranty unauthorized by
you;
(3) Any physical or chemical change in the
product made intentionally by the vendor,
(4) Repackaging, unless unpacked solely for
the purpose of inspection, demonstration,
testing, or the substitution of parts under
instruction from the manufacturer, and
then repackaged in the original container,
(5) Arry faiiue to make such inspection, ad-
justments, tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual course of
business in connection with the sale of
the product;
(6) Demonstration, installation, servicing or
repair operations, except such operations
performed at the vendors premises in
connection with the sale of the product;
(7) Products which, after distribution or sale by
you, have been labeled or relabeled or
used as a container, pan or ingredient of
any thing or substance by or for the
vendor.
c. This Insurance does not apply to any insured
person or organization, from whom you have
acquired such products. or any ingredient, part
or container, entering into, accompanying or
containing such products.
3. Aggregate Limit Per Location
(1) Under Section III - Limits of Insurance the
General Aggregate Limit applies separately to
each of your "locations" owned by or rented to you.
(2) Under Section V - Defintitiwrs, definition 23. is
added as follows:
23, "Location" means premises involving the
same or connecting lots, or premises whose
connection is interrupted only by a street,
roadway, waterway or right-of -way of a ral-
road,
4. Alleviated Premises
Under Section I - Coverage A, paragraph 2. Exclu-
sions, j. (2) is replaced in its entirety with the following:
(2) Premises you sell, give away or abandon, 0 the
"property damage" arises out of any pan of those
premLses and occurred from hazards that were
known by you, or should have reasonably beam
krwmm by you, at the time the property was
transferred or abandoned.
S. Bodily Injury Redefined
Under Section V - Definitions, definition 3. 'bodily
injury' is replaced in its entirety with the following:
Page 2of6
Includes copyrighted material of ISO Insurance Services Office, Inc. with its permission,
M
POLICY NUMBER: ZDF916501902
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Other Insurance — Primary and Non- Contributory
(Additional Insured)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to Section IV — Commercial General Liability Conditions
4. Other Insurance
a. Additional insureds (
(a) That is Fire, Extended
If you agree in a written contract, written R
Coverage, Builder's
421 - 0452 06 67
0727
includes copyrighted material al insurance Services Offices, Inc., with its permission
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.
We will share the remaining loss, 4 any,
with any other, insurance that is not
described in this Excess insurance
provision and was not bought specifically
to apply in excess of the Limits of
Insurance shown in the Declarations of
this Coverage Part.
421.0452 06 07
NE-2
3. Method of Sharing
If all of the other insurance permits
contribution by equal shares, we will
follow this method also. Under this
approach each insurer contributes equal
amounts until it has paid its applicable
limit of insurance or none of the loss
remains, whichever comes first.
If any of the other insurance does not
permit contribution by equal shares, we
will contribute by limits. Under this
method, each insurer's share is based on
the ratio of its applicable limit of insurance
to the total applicable limits of insurance
of all insurers.
inoWes copyrighted material of insurance services Offices, Inc_ with its permission
Page 2 of 2
j Hanover
Aurnncc t.r r
AWF916269002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the, Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date Is
indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
ANY PERSON OR ORGANIZATION
WITH WHOM YOU AGREED IN A
WRITTEN CONTRACT, WRITTEN
AGREEMENT OR PERMIT, TO
(if no entry appears above, information required to complete this endorsement will be shown in the Decla-
rations as applicable to the endorsement.)
Each person or organization shown in (he Schedule is an "insured" for Liability Coverage, but only to the
extent that person or organization qualifies as an 'insured" under the Who Is An Insured Provision con-
tained in Section II of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc.. 1995 Page 1 of 1
2,636
Hanover
Insurance Croup,
AWF916269002
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective: Countersigned By:
Named Insured:
(Authorized Representative)
SCHEDULE
Name of Person(s) or Organization(s):
PROVIDE INSURANCE SUCH AS IS
AFFORDED UNDER THIS POLICY.
BUT ONLY WITH RESPECT TO YOUR
COVERED AUTOS
(if no entry appears above, information required to complete this endorsement will be shown in the Decla-
rations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the
extent that person or organlzation qualifies as an "insured" under the Who Is An Insured Provision con-
tained in Section II of the Coverage Form,
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1
2,638
b. The covered "auto ";
c. Your interest in the covered "auto "; or
d. A claim under this Coverage Form.
3: Liberalization
If we revise this Coverage Form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the re-
vision is effective In your state.
4. No Benefit To Bailee - Physical Damage
Coverages
We will not recognize any assignment or
grant any coverage for the benefit of any
person or organization holding, storing or
transporting property for a fee regardless of
any other provision of this Coverage Form.
5. Other Insurance
a. For any covered "auto" you own, this
Coverage Form provides primary insur-
ance. For any covered "auto" you don't
own, the insurance provided by this Cov-
erage Form is excess over any other
collectible insurance. However, while a
covered "auto" which is a "trailer" is con-
nected to another vehicle, the Liability
Coverage this Coverage Form provides
for the "trailer" is;
(1) Excess white it is connected to a mo-
tor vehicle you do not own.
(2) Primary while It is connected to a
covered "auto" you own.
b. For Hired Auto Physical Damage Cover-
age, any covered "auto" you lease, hire,
rent or borrow is deemed to be a covered
"auto" you own. However, any "auto" that
is leased, hired, rented or borrowed with
a driver is not a covered "auto ".
c. Regardless of the provisions of Para-
graph a. above, this Coverage Form's Li-
ability Coverage is primary for any liabil-
ity assumed under an "insured contract ".
d. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of
our Coverage Form bears to the total of
the limits of all the Coverage Forms and
policies covering on the same basis.
Hanover
Insurance Group -
AWF916269002
6. Premium Audit
a. The estimated premium for this Coverage
Form is based on the exposures you told
us you would have when this policy be-
gan. We will compute the final premium
due when we determine your actual ex-
posures. The estimated total premium
will be credited against the final premium
due and the first Named Insured will be
billed for the balance, if any. The due
date for the final premium or retrospec-
tive premium is the date shown as the
due date on the bill. If the estimated total
premium exceeds the final premium due,
the first Named Insured will get a refund.
b. If this policy is issued for more than one
year, the premium for this Coverage
Form will be computed annually based on
our rates or premiums in effect at the be-
ginning of each year of the policy.
7. Policy Period, Coverage Territory
Under this Coverage Form, we cover "acci-
dents" and "losses" occurring:
a. During the policy period shown in the
Declarations; and
b. Within the coverage territory.
The coverage territory is;
a. The United States of America;
b. The territories and possessions of the
United States of America;
c. Puerto Rico;
d. Canada;and
e. Anywhere in the world if:
(1) A covered "auto" of the private pas-
senger type is leased, hired, rented or
borrowed without a driver for a period
of 30 days or less; and
(2) The "insured's" responsibility to pay
damages is determined in a "suit" on
the merits, in the United States of
America, the territories and posses-
sions of the United States of America,
Puerto Rico, or Canada or in a settle-
ment we agree to.
We also cover "loss" to, or "accidents" in
volving, a covered "auto" while being trans-
ported between any of these places.
CA 00 0103 06 Copyright, ISO Properties, Inc., 2005 Page 9 of 12
2,625
POLICY NUMBER: ZDF916501902 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
Nance Of Person Or Organization:
Blanket as Re wired by Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph & Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard ". This waiver applies
only to the person or organization shown In the
Schedule above.
CG 24 04 05 08 Q Insurance Services Office, Inc., 2008 Page 1 of 1
ME
14, AUTO LOAN PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
When a "loss" results in a total loss to a
covered auto you own for which a Loss
Payee is designated in this policy, the
most we will pay for "loss" in any one
"accident" is the greater of:
1. The actual cash value of the
damaged or stolen property as of
the time of the "loss "; or
The outstanding balance of the
initial loan, less any amounts for
taxes, overdue payments, overdue
payment charges, penalties,
Interest , any charges for early
termination of the loan, costs for
Credit Life insurance, Health,
Accident or Disability Insurance
purchased with the loan, and
carry -over balances from previous
loans.
15. AUTO LEASE PHYSICAL DAMAGE
EXTENSION
The following is added to SECTION 111 -
PHYSICAL DAMAGE COVERAGE, C. Limit
Of Insurance provision:
If, because of damage, destruction or theft
of a covered "auto', which is a long-term
leased "auto', the lease agreement
between you and the lessor is terminated,
"we" will pay the difference between the
amount paid under paragraph C. LIMIT OF
INSURANCE 1. or 2. and the amount due
at the time of "loss" under the terms of
the lease agreement applicable to the
leased "auto" which you are required to
pay: less any fees to dispose of the auto;
any overdue payments; financial penalties
AWF916269002
imposed under a lease for excessive use,
abnormal wear and tear or high mileage;
security deposits not refunded by the
lessor; cost for extended warranties,
Credit Life insurance, Health, Accident or
Disability Insurance purchased with the
loan; and carry over balances from
previous leases.
This coverage applies only to the initial
lease for the covered "auto' which has not
previously been leased. This coverage is
excess over all other collectible
insurance.
SECTION IV - CONDITIONS
16. DUTIES IN THE EVENT OF ACCIDENT,
CLAIM, SUIT OR LOSS
The following is added to SECTION IV -
BUSINESS AUTO CONDITIONS, A. Loss
Conditions, 2. Duties In The Event Of
Accident, Claim, Suit Or Loss:
d. Knowledge of any "accident ",
claim, "suit" or "loss" will be
deemed knowledge by you when
notice of such "accident ",
claim, "suit" or "loss" has been
received by:
(1) You, if you are an individual;
(2) Any partner or insurance
manager if you are a
partnership; or
(3) An executive officer or
insurance manager if you are
a corporation.
17. BLANKET WAIVER OF SUBROGATION
Paragraph 5. Transfer Of Rights Of
Recovery Against Others To Us, SECTION
IV - BUSINESS AUTO CONDITIONS, A.
Loss Conditions is replaced by the
following:
Includes copyrighted material of Insurance Services Office, Inc. with Its permission.
Copyright, Insurance Services Office, Inc., 1996
461 -0155 (9-97) Page 6 of 7
2,644
5. Transfer Of Rights Of Recovery
Against Others To Us
If any person or organization to or
for whom we make payment
under this Coverage Form has
rights to recover damages from
another, which have not been
waived through the execution of
an "insured contract ", written
agreement, or permit, prior to the
"accident" or "loss" giving rise to
the payment, those rights to
recover damages from another
are transferred to us. That person
or organization must do
everything necessary to secure
our rights and must do nothing
after the "accident' or "loss" to
impair them.
18. UNINTENTIONAL FAILURE TO
DISCLOSE INFORMATION
The following is added to SECTION IV
BUSINESS AUTO CONDITIONS. B.
General Conditions, paragraph 2.
Concealment, Misrepresentation Or Fraud:
Your unintentional error in disclosing,
or failure to disclose, any material fact
existing after the effective date of this
Coverage Form shall not prejudice
your rights under this Coverage Form.
However, this provision does not affect
our right to collect additional premium
or exercise our right of cancellation or
nonrenewal.
Hanover
Insurance (soup..
AW F916269002
19. HIRED AUTO - WORLDWIDE
COVERAGE
The following is added to SECTION IV -
Business Auto Conditions, B. General
Conditions, paragraph 7. Policy Period,
Coverage Territory provision:
e. Outside the coverage territory
described in a., b., c., and d.
above for an "accident" or "loss"
resulting from the use of a
covered "auto' you hire, without a
driver, or your employee hires
without a driver, at your direction,
for the purpose of conducting your
business, for a period of 30 days
or less, provided the suit is
brought within The United States
of America or its territories or
possessions.
SECTION V - DEFINITIONS
20. MENTAL ANGUISH
Paragraph C. "Bodily injury", SECTION V -
DEFINITIONS is replaced by the following:
C. "Bodily injury" means bodily injury,
sickness or disease sustained by a
person including death or mental
anguish resulting from any of these.
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Copyright, Insurance Services Office. Inc., 1996
461 -0155 (9 -97) Page 7 of 7
2,645
TRAVELERS` WORKERS COMPENSATION
AND
ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD, CT 06183
ENDORSEMENT WC 99 03 76 ( A)— 001
POLICY NUMBER: (PJUB- 109DS60 -5 -13)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 2 .0 % of the California workers' compensation pre-
mium.
Schedule
Person or Organization Job Description
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
(The Information below is required only when this endorsement Is issued subsequent to preparation of
the policy.)
Endorsement Effective Policy No. Endorsement No.
I nsured Premium
Insurance Company
Countersigned by
DATE OF ISSUE: 06 -06 -13 ST ASSIGN: Page 1 of 1
PROFESSIONAL LIABILITY AND POLLUTION INCIDENT LIABILITY
INSURANCE POLICY
® 2005, Member Companies of CNA Insurance. All rights reserved.
C. Your Rights and Duties in the Event of a Circumstance
If you report a circumstance for which there may be coverage under this
Policy, and you give us written notice containing as much detail as you can
reasonably provide regarding:
1. what happened and the professional services or activities you
performed;
2. the nature of any possible injury or damages; and
3. how and when you first became aware of such circumstance;
then any claim or related claims that subsequently may be made against
you arising out of such circumstance shall be deemed to have been made
on the date we received written notice of the circumstance.
You will cooperate with us in addressing the circumstance, and refuse,
except solely at your own cost, to voluntarily make any payment, admit
liability, assume any obligation, or incur any expense without our prior written
approval.
D. Subrogation
If any of you have rights to recover amounts from another, those rights are
transferred to us to the extent of our payment. You must do everything
necessary to secure these rights and must do nothing after a claim is made
to jeopardize them. We hereby waive subrogation rights against your client
to the extent that you had a written agreement to waive such rights prior to a
claim or circumstance.
9111111111111
All premium charges under this Policy will be computed according to the
rules, rates and rating plans that apply at the effective date of the current
policy term.
F. Examination and Audit
You agree to allow us to examine and audit your financial books and records
that relate to this insurance. We may do this at any time during the policy
term or any extensions, and up to three years after the end of the policy
term.
GSL 2200 14
(Ed. 10105)
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 12126/13 Dept. /Contact Received From: Vladimir
Date Completed: 12/26/13 Sent to: Vladimir By: Chris
Company /Person required to have certificate: Towill, Inc.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 611/13- 6/1/14
A.
INSURANCE COMPANY: Massachusetts Bay Insurance Company
B.
AM BEST RATING (A-: VII or greater): A:XIV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided ?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON - CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE /EXPIRATION DATE: 6/1113- 6/1114
A.
INSURANCE COMPANY: Allmerica Financial Benefits Insurance
B.
AM BEST RATING (A-: VII or greater) A:XIV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ NIA ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 6/1/13- 6/1/14
A.
INSURANCE COMPANY: Travelers Property Casualty Company
of America
B.
AM BEST RATING (A-: VII or greater): A +:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes [-]No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes ❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes ❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
mar 12/26/13
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.