HomeMy WebLinkAboutC-6092 - On-Call M/RSA for Radio Tower Maintenance and Repair ServicesCC,t
ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT
U WITH TASHJIAN TOWERS CORPORATION FOR
RADIO TOWER MAINTENANCE AND REPAIR SERVICES
THIS ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT
( "Agreement') is made and entered into as of this 6th day of April, 2015 ( "Effective
Date "), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and TASHJIAN TOWERS CORPORATION, a
California corporation ( "Contractor'), whose address is 2765 South Temperance
Avenue, Fowler, California 93625, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City (`Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on April 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
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, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Sixty Thousand Dollars and 001100
($60,000.00), without prior written amendment to the Agreement.
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Karl Tashjian to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
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existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a_City
of Newport Beach _ bu sin_esslicense during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof 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.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the `Indemnified Parties') from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
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property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
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Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
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
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labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
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business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Karl Tashjian
Tashjian Towers Corporation
2765 S. Temperance Ave
Fowler, CA 93625
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
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.
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26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT— —Y'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: �o?//
BB AL
Aaron C. Harp c m oz(to i t r urd
City Attorney Acting Co -Director
ATTEST: lU
Date:Y l
B : IWL--
L/eilani I. Brown
City Clerk
CONTRACTOR: Tashjian Towers
Corporation774
liif mia cor oration
Date: �p
By: lzt 0��
Karl ashjian
CEO
Date: e74
BY:�/�
Karl Tashjian
Treasurer
[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
Tashjian Towers Corporation Page A -1
Scope of Service
• DESCRIPTION OF SERVICE
Furnish all labor, materials, tools and equipment to provide tower maintenance and repair
services, including:
• Climb the City tower to inspect the tower, guy anchors, guy cables, lights, etc.
• Tension and plumb the tower
• Repair minor maintenance issues
• Provide inspection report
• Provide as- needed tower engineering services
• CORRESPONDENCE
o All correspondence shall be addressed to Utilities Manager, Municipal Operations
Department, City of Newport Beach, 100 Civic Center Drive, Newport Beach, CA 92658-
8915
• INSPECTION SERVICES
o Contractor shall beat minimum responsible:
• Inspecting the general condition of structural members for indications of
unusual stress or damage;
• Identifying loose or missing components;
• Inspecting foundation of tower and guy anchors;
• Inspecting guy lines and fittings for vibration and slippage;
• Inspecting paint for peeling, flaking, fading, and visual effectiveness;
• Inspecting lighting and fixtures for visual effectiveness;
• Ensuring that structural members and immediately surrounding areas are clear
of debris and hazards; and
• Ensuring that safety equipment is present and secure.
• Contractor shall provide City with report noting deficiencies and suggested maintenance
and repair items.
• Contractor shall contact City immediately when items are identified as safety issues.
• AS- NEEDED REPAIR SERVICES
o City shall request in writing, the necessary maintenance repair services required in
adequate detail. Contractor shall then provide a letter proposal for Services requested
by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall
include the following:
• A detailed description of the Services to be provided;
The estimated number of hours and cost to complete the Services; and
The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed
are commensurate with those provided in the Contractor's RFP response. No
Services shall be provided until the City has provided written acceptance of the
Letter Proposal. Once authorized to proceed, Contractor shall diligently perform
the duties in the approved Letter Proposal.
EXHIBIT B
SCHEDULE OF BILLING RATES
Professional
Engineering
$100.00
Per Hour
Services
Tashjian Towers Corporation Page B -1
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIRMANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Tashjian Towers Corporation Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Umbrella or Excess Liability Insurance. Contractor shall obtain and
maintain an umbrella or excess liability insurance policy with limits of not
less than one million dollars ($1,000,000) that will provide bodily injury,
personal injury and property damage liability coverage at least as broad as
the primary coverages set forth above. Such policy or policies shall
include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event
that any primary insurance limits are exhausted by paid claims;
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
Policies shall "follow form" to the underlying primary policies; and
Insureds under primary policies shall also be insureds under the
umbrella or excess policies.
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 Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City 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.
Tashjian Towers Corporation Page C -2
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
Tashjian Towers Corporation Page C -3
specified minimum limits of insurance and coverage shall be available to
the City.
Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Tashjian Towers Corporation Page C -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 4/3/15 Dept. /Contact Received From
Joan
Date Completed: 416115 Sent to: Joan By: Chris /Alicia
Company /Person required to have certificate: Tashjian Towers Corporation
Type of contract:
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/08/14 to 11/08/15
A. INSURANCE COMPANY: First Mercury Insurance
B. AM BEST RATING (A-: VII or greater): A; XIU
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?
1M12M + 5M Excess Liab
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
® N/A ❑ Yes ❑ No
include): Is it included? (completed Operations status does
❑ N/A ® Yes ❑ No
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® 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: 11/08/14 to 11/08/15
A. INSURANCE COMPANY: Security National Insurance Company
B. AM BEST RATING (A-: VII or greater) A• XII
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? 1M + 5M Excess Liab
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 10/01/14 to 10/01/15
A.
INSURANCE COMPANY: State Compensation Insurance Fund
B.
AM BEST RATING (A-: VII or greater):
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 M + 5M Excess Liab
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
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
4/6/15
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Risk Management aooroved non - admitted GL carrier on 4/6/15
Approved:
Risk Management
* Subject to the terms of the contract.
POLICY NUMBER: SPP110358902
COMMERCIAL AUTO
32 -1451 01 06
This Endorsement Changes The Policy. Please Read It Carefully
BUSINESS AUTO COVERAGE EXPANSION
ENDORSEMENT
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply
unless modified by the endorsement.
A. Newly Acquired or Formed e. An "employee" of yours is an
Organizations, Employee Hired Car 'Insured" while operating an "auto"
Liability and Blanket Additional Named hired or rented under a contract or
Insured Status for Certain Entities. agreement in that "employee's"
Item 1. Who is an Insured of Paragraph A. name, with your permission, while
Coverage under SECTION II — LIABILITY performing duties related to the
COVERAGE is amended to add: conduct of your business.
d. Any organization you newly acquire
or form, other than a partnership,
joint venture or limited liability com-
any, and over which you maintain
ownership of a majority interest
(greater than 50 %). will qualify as a
Named Insured; however,
(1) coverage under this provision is
afforded only until the 180'" day
after you acquire or form the
organization or the end of the
policy period, whichever is earli-
er;
(2) coverage does not apply to
"bodily injury", "property dam-
age" or "covered pollution cost
or expense" that results from an
"accident" which occurred be-
fore you acquired or formed the
organization; and
(3) coverage does not apply if there
is other similar insurance
available to that organization, or
if similar insurance would have
been available but for its termi-
nation or the exhaustion of its
limits of insurance.
This insurance does not apply if
coverage for the newly acquired or
formed organization is excluded
either by the provisions of this
coverage form or by endorsement.
f. Any person or organization you are
required by written contract or
agreement to name as an additional
"insured ", but only with respects to
liability created in whole or in part by
such agreement.
B. Increase Of Loss Earnings Payment
Item (4)a. Supplementary Payments under
paragraph 2. Coverage Extensions under
A. COVERAGES of SECTION II —
LIABILITY COVERAGE is amended to
read:
(4) We will pay reasonable expens-
es incurred by the "Insured" at
our request, including actual
loss of earnings up to $1,000
per day because of time off from
work.
C. Fellow Employee Injured By Covered
Auto You Own Or Hire
Item 5. Fellow Employee of Paragraph B.
Exclusions under SECTION II — LIABILITY
COVERAGE is amended to add:
This exclusion does not apply if the
"bodily injury" results from the use of a
covered "auto" you own or hire. Such
coverage as is afforded by this provision
is excess over any other collectible
insurance.
Page 1 of 3 Includes Copyrighted Material of Insurance Services Off lees, Inc. 32 -1451 0106
Used with permission
D. Limited Automatic Towing Coverage
G. Loan or Lease Gap Coverage
Paragraph 2. Towing of SECTION III —
Item 4. of Paragraph C. Limit Of Insurance
PHYSICAL DAMAGE COVERAGE is
under SECTION III — PHYSICAL DAMAGE
amended to read:
COVERAGE Is amended to read
4. If a covered "auto" is owned or leased
2. We will pay for towing and labor costs
and if we provide Physical Damage
each time that a covered "auto" is
Coverage on it, we will pay, in the event
disabled. All labor must be performed at
of a covered total "loss ", any unpaid
the place of disablement of the covered
amount due on the lease or loan for a
"auto ".
covered "auto ", less:
a. The limit for "autos" other than pri-
a. The amount paid under the Physical
vate passenger types is $250;
Damage Coverage Section of the
policy; and
b. No deductible applies to this cover-
age.
b. Any:
(1) Overdue lease or loan
payments including penalties,
E. Increase Of Trani
Transportation Expense
P Pe
interest or other charges
Coverage
resulting from overdue
Item a. Transportation Expenses of
payments at the time of the
Paragraph 4. Coverage Extensions under
"loss ";
A. Coverage of SECTION III — PHYSICAL
2 l ti
() Financial penalties imposed
DAMAGE COVERAGE is amended to read:
under a lease for excessive essive use,
a. We will pay up to $50 per day to a
abnormal wear and tear or high
maximum of $1,000 for temporary
mileage;
transportation expense incurred by
(3) Costs for extended warranties,
you because of the total theft of a
Credit Life Insurance, Health,
covered "auto" of the private
Accident or Disability Insurance
passenger type. We will pay only
purchased with the loan or
for those covered "autos" for which
lease;
you carry either Comprehensive or
Specified Causes of Loss Coverage
(4) Security deposits not refunded
or Theft Coverage. We will pay for
by the lessor; and
temporary transportation expenses
(5) Carry-over balances from
incurred during the period beginning
previous loans or leases
48 hours after the theft and ending,
regardless of the policy's expiration,
when the covered "auto" is returned
H. Single Deductible For Combined Unit
to use or we pay for its "loss ".
Paragraph D. Deductible of SECTION 111 —
PHYSICAL DAMAGE COVERAGE is
amended to add:
F. Accidental Airbag Discharge Coverage
Whenever a covered "tractor' and trailer
Item 3. a. of Paragraph B. Exclusions
are each damaged in the same "loss"
under SECTION III — PHYSICAL DAMAGE
while operating a combined "tractor" -
COVERAGE is amended to read:
trailer unit, only one deductible shall
a. Wear and tear, freezing, mechanical
apply to the "accident ". The larger of the
or electrical breakdown. The exclu-
two deductibles (as shown on the
sion relating to mechanical break-
DECLARATIONS or SCHEDULE OF
down does not apply to the acci-
COVERAGES OR COVERED AUTOS)
dental discharge of an air bag.
shall apply.
Page 2 of 3 Includes Copyrighted Material of Insurance Services Offices, Inc. 32 -1451 01 06
Used with permission
I. Knowledge of Loss and Notice To Us
Item 2. a. Duties In the Event of Accident,
Claim, Suit or Loss of Paragraph A. Loss
Conditions under SECTION IV --
BUSINESS AUTO CONDITIONS B is
amended to add:
However, prompt notice of the
"accident ", claim, "suit" or "loss" to
us or our authorized representative
only applies after the "accident ",
claim, "suit" or "loss" is known to:
(1) You, if you are an individual;
(2) A partner, d you are a partner-
ship;
(3) An "executive officer' or direc-
tor, if you are a corporation;
(4) A manager or member, if you
are a limited liability company;
(5) Your insurance manager; or
(6) Your legal representative.
J. Waiver Of Subrogatlon For Auto Liability
Losses Assumed Under Insured Contract
Item 5. Transfer Of Rights Of Recovery
Against Others To Us of Paragraph A.
Loss Conditions under SECTION IV -
BUSINESS AUTO CONDITIONS is amend-
ed to read:
If any person or organization to or for whom
we make payments under this Coverage
From has rights to recover damages from
another, those right are transferred to us.
That person or organization must do
everything necessary to secure our rights
and must do nothing after an "accident" or
"loss" to impair them. However, if the
insured has waived those rights to recover
through a written contract, we will waive any
right to recovery we may have under this
Coverage Form.
K. Unintentional Failure To Disclose
Hazards
Paragraph B. General Conditions under
SECTION IV - BUSINESS AUTO CONDI-
TIONS is amended to add:
9. Your failure to disclose all hazards
existing as of the inception date of this
policy shall not prejudice the coverage
afforded by this policy, provided that
such failure to disclose all hazards is not
intentional. However, you must report
such previously undisclosed hazards to
us as soon as practicable after its
discovery.
L. Other Insurance - Hired Auto Physical
Damage
Item 6.b.Other Insurance of Paragraph B.
General Conditions under SECTION IV -
BUSINESS AUTO CONDITIONS is amend-
ed to read:
b. For Hired Auto Physical Damage
Coverage, the following are
deemed to be covered "autos" you
own:
(1) Any covered "auto" you lease,
hire, rent or borrow; and
(2) Any covered "auto" hired or
rented by your "employee"
under a contact in that individual
"employee's" name, with your
permission, while performing
duties related to the conduct of
your business. However, any
"auto" that is leased, hired,
rented or borrowed with a driver
is not a covered "auto ".
M. Additional Definition
SECTION V - DEFINITIONS is amended to
add:
Q. "Tractor" means a truck with a gross
vehicle weight in excess of 45,000
pounds.
In this endorsement, Headings and Titles
are inserted solely for the convenience and
ease of reference. They do not affect the
coverage provided by this endorsement,
nor do they constitute any part of the terms
and conditions of this endorsement.
Page 3 of 3 Includes Copyrighted Material of Insurance Services Offices, Inc. 32 -1451 01 06
Used with permission
Policy # WA- CGL- 000004928401
COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
than a Named Insured, when such entity is required
to be named, as an Additional Insured in a written
contract with the Named Insured entered Into prior
to the loss or occurrence.
Section II — Who Is An Insured is amended to include
as an additional insured the person(s) or
organizations) shown in the Schedule, but only with
respect to liability for 'bodily injury" or "property
damage" caused, in whole or in part, by "your work" at
the location designated and described in the schedule
of this endorsement . performed for that additional
insured and included in the "products- completed
operations hazard".
This endorsement applies only to "Your Work" on
or at "Commercial Construction Projects ".
Commercial Construction Projects" are defined
as buildings or structures used solely for
commercial use. This endorsement does not
apply to any work at a "Residential Construction"
project. "Residential Construction" means work
on Single Family Homes, Cooperatives, Town
Homes, and Condominium projects. For the
purpose of this endorsement, "Residential
,Construction" does not include Apartment
CG 20 37 07 04 C ISO Properties, Inc., 2004 Page 1 of 1
Policy # WA -CGL. 000004928401
T.ash %lan-Tuu¢ers_Corporationr_. --- -_-__ ___
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to
include as an additional insured any person or or-
ganization for whom you are performing operations
when you and such person or organization have
agreed in writing in a contract or agreement that
such person or organization be added as an addi-
tlonal insured on your policy. Such person or or-
ganization is an additional insured only with re-
spect to liability for 'bodily injury', "property
damage" or "personal and advertising injury'
caused, in whole or In part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured.
A person's or organization's status as an additional
insured under this endorsement ends when your
operations for that additional insured are com-
pleted.
B. With respect . to the insurance afforded to these
additional insureds. the following additional exclu-
sions apply
This insurance does not apply to:
1. "Bodily injury", "property . damage" or "personal
and advertising injury" arising out of the render -
Ing of, or the failure to render, any professional
architectural, .engineering or surveying ser.
vices, Including:
a. The preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and..specifica-
tions; or
b. Supervisory, . inspection, . architectural or
engineering activities.
2. "Bodly injury" a "property damage" occurring
after.
a. All work, including materials, parts or
equipment furnished in connection with
such work, on the project (other than ser-
vice, . maintenance or repairs) 'to be per-
formed by or on behalf of the additional In-
sured(s) at the location of the covered
operations has been completed; or
It. That portion of 'Your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontrac-
tor engaged in performing operations for a
principal, as a part of the same project.
CG 20 33 07 .04 ® 180 Properties, Inc., 2004 Page 1 of 1 ❑
TASHTOW -01 TWILDE
,a1% r CERTIFICATE OF LIABILITY INSURANCE
DA
311912015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
Carl Nelson Insurance Agency Inc
9 y
PHONE jac, No); (559) 584 -4516
AI IC No Ekq,(.559) 584 -4495.
1519 N 11TH Ave
_ _
E -MAIL
Hanford, CA 93230
_ADDRESS:
INSURERS) AFFORDING COVERAGE NAIC P
INSURERA:First Mercury Insurance
_
INSURED
- -- - _ .. 19879
INSURERS Securi ty National Insurance Company
INSURER C; National Union Fire Ins_ Co. of Pittsburgh 19445
Tashjian Towers Corporation
2765 S. Temperance Ave
INSURER D: Compensation Ins Fund_ 35076
Fowler, CA 93625
INSURER E
INSURER F!
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1NSR_ POLICYEFF POLICYEXP LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER (MMIDDNYYV) (MWDDIYYYY{
A X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,00
- B7RWAiGETD RENTED. _... _...
1110812014' 11/(1812016. 50'00
CLAIMS -WDE '_X_ OCCUR X X 'WfA- CGL- 0000049284 -01 PREMISES(I, occurence)_. _._$ _
" MED_EXP(Any one person)_ $_ _
PERSONAL B ADV INJURY _ $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE ".$ 2,000,000
LOC PRODUCTS_ COMPIOP AGG S 2,000,000
POLICY X :JECT O.
S
OTHER'
'COMBINED SINGLE LIMIT $ 1'000'00
AUTOMOBILE LIABILITY _fEeecgdenl)_
B X SPP110358902 11108/201411/0812015 BOOILYINJURY(Pw rsm) $
ANVAUTO X X
"
__
- - `ALLOVMJED SCHEDULED BODILY INJURY (Par accident) S
_ AUTOS - 'AUTOS NED PROPERTY DAMAGE $
HIRED AUTOS ',AUTOS (Per accident)
UMBRELLA LIAB X_OCCUR EACH OCCURRENCE S 5,000 +000
C X EXCESS LIAB CLAIMS -MADE' ;BE023343842 1110812014 1110812016 AGGREGATE $
DED RETENTION$ $
- PER TH-
WORKERS COMPENSATION X STATUTE ER
AND EMPLOYERS' LIABILITY YIN X'9029072 -2014 10/0112014 10/01/2015 EL EACHACCIDENT $ 1,000.000
D ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE, 3 1,000,000
.If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS bebw EL DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addillonal Remarks Schedule, maybe attached if mare space Is renWred)
City of Newport Beach, Its officers, officials, employees, and agents are named as additional insured with respect to General Liability per form attached CG 20
33 07 04 & CG 20 37 07 04. Waiver of subrogation applies to General Liability per form attached CG 24 0410 93.
CG 24 04 10 93. Primary wording applies per form FMIC GL 1002 (0512010). City of Newport Beach, its officers, officials, employees, and agents named as
additional insured with respect to Business Auto perform attached 32 -1461 01 O6, and includes waiver of subrogation. Waiver of subrogation with respect to
workers compensation applies per policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Newport Beach
ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Center Drive
Newport Beach, CA 92658 -8915
AUT RIZ 0 REP0.ESENT IV
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NON - CONTRIBUTING INSURANCE
This endorsement modifies Insurance provided under the follaving:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETEDOPERATIONS LIABILITY COVERAGE PART
A. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other insurance, and all subparts thereof, as
contained in the policy Is deleted in its an firety and replaced with the fd lowing condition:
4. Other Insurance
If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required
by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the "insured
contract' is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be
primary & noncontributing only when and to the extent as required by that contract.
However, under the contributory 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 contrbuton by
equal shares, we will contribute by knits. 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.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
This endorsement forms apart of the Policy towhich attached, effective on the inception date of the Policy unless otherwise stated
herein.
(The to [low ng information is required only when this endorsement is issued subsequent to preparation of the Policy.)
Endorsement Effective 11108/2014 Policy No. WA- CGL- 0000049284 -01 Endorsement No,
Named Insured
Tashjian Towers Corporation
Countersigned by
FM IC-GL- 1002(05/2010)
Policy #IWA -CGL- 0000049284 -01 _ — —
.r.n:.._- �_ .....�
Tashjian Towers
COMMERCIAL GENERAL LIABILITY
CG 24 04 110 93
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 fellowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Project Owners and/or General Contractors, if other than a Named
Insured, when such entity is required to be named, as an Additional Insured In a written contract with the
Named Insured entered Into prior to the lose or occurrence. This endorsement applies only to "Your
Work" on or at "Commercial Construction Projects ". Commercial Construction Projects" are defined as
buildings or structures used solely for commercial use. This endorsement does not apply to any work at
a "Residential Construction" project. "Residential Construction" means work on Sngle Family Homes,
Cooperatives, Town Homes, and Condominium projects. For the purpose of this endorsement,
"Residential Construction" does not Include Apartments Buildings..
(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 (Section W COMMERCIAL
GENERAL LIABILITY CONDITIONS) 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.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page t of 1 ❑