HomeMy WebLinkAboutC-6333 - PSA for Marina Management at Marina ParkOctober 8, 2018
Basin Marine, Inc.
ATTN: Dave New
829 Harbor Island Drive
Newport Beach, CA 92660
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3002 1 949 644-3308 FAX
newportbeachca.gov
Subject: Termination of Professional Services Agreement Contract No. 6333
with Basin Marine for Marina Management at Marina Park
Dear Dave,
In 2015, the City of Newport Beach entered into a Professional Services Agreement with
Basin Marine, Inc. to operate the marina at Marina Park through October 31, 2017. This
agreement was amended to extend the terms of the agreement through December 31,
2018 or until such services can be incorporated into the City's new Harbor Department.
As per Section 27 (Termination) of the Agreement, this letter shall serve as written notice
of the City's intent to terminate this agreement effective October 29, 2018. The City shall
pay your firm for all services satisfactorily performed and costs incurred up to the effective
date of termination. Please work with Harbor staff to transfer all reports, documents and
other information developed or accumulated in the performance of this Agreement.
We appreciate your services throughout this startup. We are very grateful for your firm's
dedication to servicing our harbor community.
Feel free to call me if you have any questions.
Sincerely,
Carol Jacobs
Assistant City Manager
Cc: City Clerk
City Attorney
Finance Department
AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH BASIN MARINE, INC. FOR
MARINA MANAGEMENT AT MARINA PARK
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 24th day of October, 2017
("Effective Date'), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and BASIN MARINE, INC., a California
corporation ("Consultant'), whose address is 829 Harbor Island Drive, Suite A, Newport
Beach, California 92660, and is made with reference to the following:
RECITALS
A. On October 27, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement') to engage Consultant for marina management services
for Marina Park ('Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
December 31, 2018, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
Section 1 of the Agreement is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
The Section entitled, "Staffing" on Exhibit A to the Agreement is amended in its
entirety and replaced with the following:
"STAFFING
• Provide sufficient and qualified staff to provide top-notch customer
service both in the marina environment and in the office.
• City expects marina staff to be flexible between performing both
office work and work in the marina environment.
• Personnel will be trained to be able to accept reservations, accept
credit cards, obtain necessary documentation as well as perform dock
duties.
• Regular staffing should beat least one person per day with the option
for additional persons.
• Two (2) dock persons shall cover the seven (7) days per week during
office hours and overtime as required.
• Clerical personnel shall also be required to maintain records.
• Marina Park slips are open and available to the public seven (7) days
a week.
• Service during office hours with flexibility for peak season, holidays,
etc. Eight (8) hours per day, seven (7) days per week during regular office
hours (8:00 a.m. — 5:00 p.m.) with flexibility for peak season, holidays, etc.
Minimum thirty (30) minute lunch (scheduling to be based on office staffing
levels and appropriate coverage) and two (2) 10-15 minute breaks during
morning/evening hours.
• Twenty-four (24)/ seven (7) service is not required."
Further, Exhibit A to the Agreement shall be supplemented to include the Scope
of Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached 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 Five Hundred Eighty One
Thousand Four Hundred Dollars and 00/100 ($581,400.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Two
Hundred Fourteen Thousand Two Hundred Dollars and 00/100 ($214,200.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Basin Marine, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: 10 a /
17
By:trl'
Aaron C. Harp y'^
City Attorney
ATTEST:
Date: /0 3o: /l
By:
L ilani . Brown
City Clerk
Attachments:
CITY OF NEWPORT
a California muni ' a
nates- 1 lL41, 1 -
Mayor
CONSULTANT: Basin Marine, Inc., a
Secretary/Treasurer/Vice President
[END OF SIGNATURES]
Exhibit A — Scope of Services
Basin Marine, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Consultant's additional Services in accordance with this Amendment No. One shall
include, but are not limited to, the following, under the Section entitled
"ADMINISTRATION":
All Dock Personnel
• Respond to public inquiries regarding available Marina Park Rental moorings,
vacant moorings, etc.
• Process sub -permits and payments (credit card, cash, check) for rental moorings,
including validation of registration and insurance according to City policies.
• Utilize City -provided software and data for billing, record keeping, records, etc. of
mooring rentals.
• In addition to credit card payments, process cash, check payments for Marina Park
slips.
• Direct questions concerning mooring administration (including but not limited to,
mooring transfers, code compliance, general inquiries, etc.) and requests as
related to non -emergency harbor operations to appropriate Harbor Operations
staff.
• Direct all emergency calls to the Orange County Sheriff's Department and/or the
Newport Beach Police Department as necessary.
Basin Marine, Inc. Page A-1
PROFESSIONAL SERVICES AGREEMENT
WITH BASIN MARINE, INC. FOR
MARINA MANAGEMENT AT MARINA PARK
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 27th day of October, 2015 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and BASIN MARINE, INC., a California corporation ("Consultant'), whose
address is 829 Harbor Island Drive, Suite A, Newport Beach, California 92660, 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 for marina management services for Marina
Park ("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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 31, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. 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, 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 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 Three
Hundred Sixty Seven Thousand Two Hundred Dollars and 00/100 ($367,200.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) 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 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.
Basin Marine, Inc. Page 2
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated David New 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 Managers cellular phone number shall be
provided to City.
6. 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.
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. 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.
Basin Marine, Inc. Page 3
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, 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 from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, 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).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of 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
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
Basin Marine, Inc. Page 4
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
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
or joint -venture.
Basin Marine, Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
Basin Marine, Inc. Page 6
18. 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.
19. 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.
20. 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.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
Withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David New
Basin Marine, Inc.
829 Harbor Island Drive, Suite A
Newport Beach, CA 92660
Basin Marine, Inc. Page 8
26. 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
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.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
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.
28. 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 Consultant 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
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requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
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
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.
Basin Marine, Inc. Page 10
29.9 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.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
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]
Basin Marine, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY' OFFICE
Date: t�o 13 / s
Aaron C. Harp raw %aholir
City Attorney
ATTEST-
Date:
IO //^
Date: I I !✓
111,
/ I�
.�
City Clerk
CITY OF NEWPORT BEACH,
a California municipal,cgrporation
Date:
By: v
Edward D. Selich
Mayor
CONSULTANT: Basin Marine, Inc., a
Date:
David L. New
President
Date: � b I �15
By:
Derek -J7 --New
Secretary/Treasurer/Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Basin Marine, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Basin Marine, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
MARINA MANAGEMENT AT MARINA PARK
DAVE NEW and DEREK NEW (Contract Director/Manager/Dock Master)
• Operate and manage the City's marina (consisting of 23 visitor -servicing slips, two small sailing
basins programmed by the City's Recreation Department, and one 200' dock) at Marina Park and
the associated facilities and services.
o Provide staffing meeting the requirements as set forth in the contract
• Maintain the Marina as a Clean Marina, per the program objectives and standards as set forth at
www. cle a n m a ri n a.o rg.
• Maintain regular updates with Harbor Resources staff on the status of the marina, and
coordinate closely with the Finance Department.
o Interface with City officials, Fire Department, etc.
• Consult and assist in the implementation of the new policies, procedures, and practicality of
operations.
LISA STEELE (Office Personnel)
• Assist City in creating policies and procedures for marina management focused on visiting and
temporary occupancy.
o Assist in the implementation of City -provided software program for marina layout,
reservations, billing, and collection of fees, contract signatures, insurance requirements,
and record keeping.
o Assist in the creation of procedures and policies for the dock workers by helping to
review requirements and providing a detailed job description.
o Be flexible in providing assistance in a new environment where constant change will be
the norm.
o Establish an approved dialogue/script for general inquiries and concerns
o Provide written procedures for the personnel
Review reservations, process payments (credit card, online), and validate insurance according to
City policies.
o Assist dock workers in these tasks as deemed necessary.
• Assign slips to visiting vessels.
o Assist dock workers in these tasks as deemed necessary.
• Maintain daily records of vessels and boaters at Marina Park
o Have access to daily reports and oversee reservations
o Assist dock worker in these tasks as deemed necessary
• Generate reports detailing marina use, collections, occupancy, etc.
o Using the City provided software, provide all necessary reporting, balancing, and
information required by the City.
• Establish and maintain satisfactory and professional working relationships with boaters,
yachtsmen, government officials, marina users, and the general public.
RYAN SANFORD & OTHERS (Dock Personnel/To Be Determined)
• Create a safe, welcoming, and customer service -focused atmosphere.
o Professional appearance and uniformed for easy identification.
o Be trained/licensed in boating safety.
o Knowledge of nautical terms, and have boating experience.
o Greet customers upon arrival; assist with tying up boats.
o Be knowledgeable of what amenities are available and offer assistance.
o Keep docks clean, free of debris, spills, and any hazards.
• Review reservations, process payments (credit card, NO CASH, online), and validate insurance
according to City policies.
o Review reservations and coordinate schedules with online reservations and City events.
Make necessary changes and accommodations as required.
o Validate insurance and registration paperwork upon vessel arrival according to City
policies.
• Assist visiting boaters with online/phone/in-person reservations, check-in/out, and arrivals.
o Be courteous, helpful and efficient in dealing with the customers.
o Efficiency in being able to anticipate best scenario for the boater, assigning correct size,
position, etc. depending on boat length, type and varying dimensions.
o Anticipate changing scenarios taking holidays, events, and other variables into account.
• Maintain daily records of vessels and boaters at Marina Park.
o Keep all records current and complete on a daily basis being able to provide current lists
of reservations and occupancy.
• Utilize City -provided marina software for reservations, billing and record keeping.
o Attend training sessions to become proficient in software.
o Comply with all requirements of City personnel in operating software.
• Respond to public inquiries regarding available slip rentals, rates, rules and regulations, weather
conditions, and general information regarding Newport Harbor.
o Be able to professionally answer telephones and respond to inquiries.
o Be knowledgeable of rules and regulations, available amenities, and services provided.
o Keep updated daily on weather conditions as well as tides and other important factors
for boaters' safety.
o Be able to refer them to other sources for information or assistance if needed
• Be experienced in boating customs, terminology and have knowledge of Newport Beach and
Newport Harbor.
o Have extensive knowledge of boating customs and know the proper nautical
nomenclature, being able to correctly refer in giving directions, discussions, and
assistance.
o Be familiar with and have knowledge of Newport Beach and Newport Harbor to be able
to provide information on restaurants, stores, entertainment, rental information and
general helpful information providing assistance to people who are unfamiliar with the
area.
o Assist in their stay being comfortable and enjoyable
• Be knowledgeable of City Ordinances, Municipal Code, and applicable state laws pertaining to
safe and efficient work practices related to marina duties.
o Comply with all rules and regulations pertaining to marina duties
• Communicate with the public and enforce rules and regulations in a tactful and impartial
manner.
o Having knowledge of the rules and regulations; be able to effectively communicate
them to tenants being tactful, and impartial while maintaining authority.
o Know standard protocol when to call authorities for assistance.
• Operate a vehicle/boat in a safe and effective manner in order to assist customers or perform
other related duties. Provide assistance and direction to visitors for local amenities.
o NOTE: Will not operate any vehicle or boat other than City owned.
o Ability to safely operate a City owned boat/vehicle.
o Knowledge/familiarity of local area and amenities and give referrals.
• Establish and maintain satisfactory and professional working relationships with boaters,
yachtsmen, government officials, marina users, and the general public.
o At all times, maintain professionalism, be courteous, enthusiastic, knowledgeable, and
helpful.
STAFFING
• Provide sufficient and qualified staff to provide top-notch customer service both in the marina
environment and in the office.
• City expects marina staff to be flexible between performing both office work and work in the
marina environment.
o Personnel will be trained to be able to accept reservations, accept credit cards, obtain
necessary documentation as well as perform dock duties.
• Regular staffing should be at least one person per day with the option for additional persons
o Two.(2) dock persons shall cover the seven (7) days a week during light hours and
overtime as required.
o Clerical personnel shall also be required to maintain records.
• Marina Park slips are open and available to public seven (7) days a week. Service during most of
the daylight hours is preferred. Propose general hours of service with flexibility for peak season,
holidays, etc. For example, may opt for eight (8) hours a day, seven (7) days a week with
increased service during summer months, Christmas Boat Parade, etc. Twenty-four (24)/ seven
(7) service is not required.
o As stated above, this will require two dock personnel.
SERVICES
• Ensure proper care, safety of boating customers, and their property while securing and releasing
dock lines during arrival and departure from Marina Park.
• Monitor radio to remain in constant contact with boaters, Harbor Patrol, supervisor(s), and
respond to inquiries.
o Personnel shall have VHF radio skills and monitor station at all times.
• Perform dye testing on visiting vessel holding tanks, and ensure vessel has a closed sewage
system (Y -valve closed) while in the marina.
o City shall provide dye tablets and dock personnel shall perform testing on every vessel.
o Dock personnel shall be made aware of mandatory protocol to ask "permission to come
aboard" and other applicable procedures according to boating etiquette.
• Enforce rules by patrolling and safeguarding marine facilities.
MAINTENANCE
• Walk the premises daily, monitor dock, seawall and piling conditions.
• Keep marina free of debris and keep dock carts in order.
• Remove and dispose of refuse, waste oil, and any other waste.
• Staff shall have the ability to work with tools. Perform as -needed minor maintenance work on
marina/facility such as repairing rub rail and leaking hose bibs, cleaning docks, securing hoses
and lines, etc.
• Operate in -slip pumpout equipment. Assist with vessel pumpouts for visiting vessels. Hose cart
is mobile and the marina is equipped with shared pumpout access for every two slips. Provider
must be able to pumpout and maneuver cart throughout the marina.
• Check parking lot, restrooms, showers, laundry facility for cleanliness on a daily basis or more
often as needed.
o Wipe down hand rails daily.
• Coordinate with City's janitorial service for restroom, shower, and laundry room cleaning.
• Assist with special events preparation and perform light custodial tasks.
OTHER DUTIES
• Ability to operate crane hoist (City shall provide training.)
• May retrieve in -harbor debris after storm events.
• Inspect and clean public docks during slower periods or as needed.
• Performs other related work as needed.
SAMPLE DAILY WORK PLAN
• Walk all docks (including sailing program) make sure that premises are clean, free of debris and
all is in order.
• Check parking lot, restrooms, showers, and laundry facility for cleanliness.
• Report any vandalism or concerns to City officials.
• Clean dock carts and keep in order.
• Empty trash and straighten any dock equipment.
• Remove and dispose of refuse, waste oil, and any other waste.
• Check weather and tides and post in visible area.
• Open and close offices as needed.
• Office work: Check messages, return phone calls/emails, etc.
• Verify vessels are in their proper, assigned slips.
• Interface with current customers, check to see that all needs are met and answer any questions.
• Complete paperwork according to procedures implemented.
• Monitor VHF radio, remaining in constant contact with boaters, Harbor Patrol, and supervisors.
• Assist with new arrivals, tying them up, obtaining proper documentation as per procedures.
• Assist with power hook ups, providing correct voltage, etc.
• Perform dye testing and head pumping duties as required.
• Perform maintenance repairs as required.
• Check with City personnel to see if there are any other issues that need addressing.
• Close up, securing all as per procedures.
ADDITIONAL SERVICES
The following additional services are separate from monthly management services, and shall be invoiced
separately from the monthly management fees.
It is anticipated that the City will provide materials for the maintenance and management of the Marina.
Any additional materials or services deemed necessary shall be approved by the City's Project Manager
or his/her designee prior to commencement of work. Other work or services needed from an outside
Contractor may include, but not be limited to, electrical, plumbing or carpentry on an as -needed basis as
approved by the City. Any materials required for operations maintenance as approved by the City.
EXHIBIT B
SCHEDULE OF BILLING RATES
Basin Marine, Inc. Page B-1
PRICING
CITY OF NEWPORT BEACH
Marina Management at Marina Park
September 2015
Services Monthly Cost
Contract Director/Manager (Dock Master)
Dave New and Derek New
$ 2,750.00
Office Personnel —Part Time Clerical
$ 1,050.00
Field Personnel - 1 Hourly, Taxes, Health Insurance,
Overtime, Vacations, Holidays, and Sick Pay $ 4,500.00
Field Personnel - 2
$ 4,500.00
Employee Insurance Costs: Worker's Compensation
and Additional Insurance/Compliance Requirements
$ 2,250.00
Equipment/Uniforms/Training
$ 250.00
Total Monthly Cost:
$ 15,300.00
Total Annual Cost
$183,600.00
13
EXHIBIT C
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 Requirements.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Basin Marine, Inc. Page C-1
D. Pollution Liability Insurance. Consultant shall maintain a policy providing
contractor's pollution liability ("CPL") insurance coverage with limits of at
least one million dollars ($1,000,000) per claim, and two million dollars
($2,000,000) general aggregate.
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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at anytime.
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
Basin Marine, Inc. Page C-2
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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
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.
Basin Marine, Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/21/15 Dept./Contact Received From: Raymund
Date Completed: 10/23/15 Sent to: Raymund By: Chris
Company/Person required to have certificate: Basin Marine Inc.
Type of contract:
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 311/15-3/1/16
A.
INSURANCE COMPANY: Travelers Property Casualty Company
B.
AM BEST RATING (A-: VII or greater): A++:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
1,000,000/2,000,000 +
D.
LIMITS (Must be $1 M or greater): What is limit provided?
5,000,000 Umbrella
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E 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
L
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E 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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
11. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 3/1/15-3/1/16
A.
INSURANCE COMPANY: Travelers Property Casualty Company
B.
AM BEST RATING (A-: VII or greater) A++:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E 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):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 10/1/15-10/1/16
A. INSURANCE COMPANY: Technology Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XIII
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY (EFF 1/28/15-1/28/16)
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
W:5
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
10/23/15
Date
® Yes ❑ No
® Yes ❑ No
1,000,000
® Yes [--]No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
$10.000 deductible aooroved by Sheri on 9/4/13.
Approved:
Risk Management Date
* Subject to the terms of the contract.