HomeMy WebLinkAboutC-8105-1 - M/RSA for Supervision of Labor and Installation of Shed Equipment at 16th Street YardMAINTENANCE/REPAIR SERVICES AGREEMENT
WITH VISION BUILDING SERVICES, INC. FOR
SUPERVISION OF LABOR AND INSTALLATION OF SHED EQUIPMENT AT 16TH
STREET YARD
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 27th day of June, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and VISION BUILDING SERVICES, INC., a California corporation
("Contractor"), whose address is 3150 West Wigwam Avenue, Las Vegas, Nevada
89139, 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 labor and installation supervision
services for the erection of a storage shed 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 December 31, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services and Schedule of Billing Rates attached hereto as Exhibit A and incorporated
herein by reference ("Services" or "Work"). As a material inducement to City entering
into this Agreement, Contractor represents and warrants that Contractor is a provider of
first class work and Contractor is experienced in performing the Work contemplated
herein and, in light of such status and experience, Contractor covenants that it shall
follow community professional standards with the ordinary degree of skill and care that
would be used by other reasonably competent practitioners of the same discipline under
CC6
similar circumstances, in performing the Work required hereunder, and that all materials
will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. 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, 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 Exhibit A. 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 Nine Thousand One Hundred Sixty One Dollars and 20/100
($9,161.20), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name 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.
Vision Building Services, Inc. Page 2
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit A to this Agreement, 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 A.
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 Curtis Reed 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
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
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the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used by other reasonably competent practitioners
of the same discipline under similar circumstances. 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, all applicable federal, state and local laws and legally recognized
professional standards.
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 business license 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, and all
persons and entities owning or otherwise in legal control of the property upon which
Contractor performs the Project and/or Services 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 and/or Services 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 and/or
Services, 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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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,
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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
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.
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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 B, 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
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
Vision Building Services, Inc. Page 6
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. 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.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
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
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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
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: Curtis Reed
Vision Building Services, Inc.
3150 W. Wigwam Ave.
Las Vegas, NV 89139
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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.
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, of 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.
Vision Building Services, Inc. Page 9
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.
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
Vision Building Services, Inc. Page 10
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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
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]
Vision Building Services, 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'S OFFICE
Date: (/ I It. 1 1..r 1
BY: (/ . -
Aaron C. Harp
City Attorney
ATTEST:
Date: 1-44
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -7 - /- h"-
By
(� eor Mur och
Municipal Operations Director - Utilities
City
CONTRACTOR: VISION BUILDING
SERVICES, INC., a California corporation
Date: l.vp
i -a cy-Dahlem
Chief Executive Officer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services and Schedule of Billing Rates
Exhibit B - Insurance Requirements
Vision Building Services, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES AND
SCHEDULE OF BILLING RATES
Vision Building Services, Inc. Page A-1
Vision Building Systems PROPOSAL
Date: June 9, 2016
Name: City of Newport Beach Contact Person: Steffen Catron
Address: Phone Number: Office 949-718-3402 / Cell 949-795-6103
Email: scatron(dnewoortbeachca.gov
Features: 36'x64' Installation
• Supervisor to assist and coordinate owner provided labor and equipment
0 2-3 men
o (2) Boom Lifts
o (1) 6k Reach Fork Lift
0 3 days to complete job
Total Cost includes:
• Work truck and required hand tools
• Hotel
• Per diem
• At Prevailing Wage
Any additional days beginning on the 4' day will be at a day rate of
$6,870.90
$2,290.30
Customer Obligations
a) Customer is responsible for all permits and/or licenses that may be required and renewal thereof
b) Location and installation of all Utilities
c) Customer is responsible for garbage and debris
d) Customer shall design and construct the complete foundation to which the structure will be attached, if not identified
{� herein
�,ft/p' (al(✓\� Wage differential for Prevailing andior Won W 6 i f required
f) Any third party special inspections for permanent use
g) Customer must insure 20 ft. clearance access on all sides of structure. If access to work are is less than 20 ft. clear on
all sides of building, additional installation charges may apply
h) All applicable taxes
THANK YOU FOR CONSIDERING A VISION BUILDING SYSTEMS STRUCTURE
This estimate is valid for 30 days.
Vision Building Systems
Proposal
3150 WEST WIGWAM AVENUE LAS VEGAS, NEVADA 89139
P# 702.222.4012 F# 702.798.1200 T# 877.497.5366 www.visionbuildingsystems.com
EXHIBIT B
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL 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 City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Consultant performs the Project and/or Services
contemplated by this Agreement.
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
Vision Building Services, Inc. Page B-1
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.
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 City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement 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, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement 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. 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.
Vision Building Services, Inc. Page B-2
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
specified minimum limits of insurance and coverage shall be available to
the City.
F. 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.
Vision Building Services, Inc. Page B-3
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.
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.
Vision Building Services, Inc. Page B-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: 6/27/16
Dept./Contact Received From: Rachell
Rachel/ By: Alicia
Vision Building Services Inc.
All Other
Date Completed: 6/28/16 Sent to:
Company/Person required to have certificate:
Type of contract:
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 10101/15-10101/16
A.
INSURANCE COMPANY: Essex Insurance 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
D.
LIMITS (Must be $1 M or greater): What is limit provided?
IM/2M
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
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: 10/1/15-10/1/16
A. INSURANCE COMPANY: Ohio Security Ins. Co.
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
N/A
® Yes ❑ No
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: 1/19/16-1/19/17
A.
INSURANCE COMPANY: Hartford Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1 M
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:
6/28/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® 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 $ ) [IN/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to GL carrier being non -admitted Sheri Approved 6/27/16
Approved:
Risk Management Date
* Subject to the terms of the contract.
OP ID: BT
CERTIFICATE OF LIABILITY INSURANCE
G061231201YY)
16/27201fi
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
cerltOcate holder In lieu of such endorsement(s).
PRODUCER
A and H Insurance, Inc.
PO Box 7340
Reno, NV 69510
Enrico Brandise
CONTACT Enrico Brandise
POvIN a 775.829.2600 FM HAI, 775-829.2607
E'"AIL
aouce Brandise 'aandhins.tom
S1011eERJc A VISID-5 �.
INSURERIS) AFFORDING COVERAGE NMCa
INSURED Vision Building Services Inc
3150 W. Wigwam Ave.
Las Vegas, NV 89139
NSURERA :Ohio Security 24082
INSURER a :Essex Insurance Company 39020
INsLvlERD''HARTFORD INSURANCE CO 38288
e1S 110 Evanston Insurance Co 35378
INSURER E
MED EXP (my MM pawn) 5 •_- 5100
INSURER F:
COVERAGES CERTIFICATE NUMRFIR REVISION NUMPipp.
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.
/`SRR
MEOFINSUMNLE
OB'
i POLICY NUMBER
P8L'icPEF POLO EXP
DDNYYT MWDONYYY
LIMITS
GENERAL LMNLRY 4
EACH OCCURRENCE S 1,D00,00
PREMISES -_f' 100,00
B
% COMMERCIAL GENERAL UABiLm
CWM9MApEOCCUR
MED EXP (my MM pawn) 5 •_- 5100
PERSONALE ADY INJURY 5 1,000,000
!
GENERA. AGGREGATE 1 2,000,00
GENL AGGREGATE LIMIT APPLIES PER
POLICY PRO. LOC
jE
I
PRODUCTS-COMPIOP AGG S 2,000,00
S
AANY
AUTOMOBILE
LIABILITY
AUTO
X
X
BAS56224497
10101/2015
10/01/2016
COMBINEDMNGLEUMIT S I,000,OO
(Eo acdaanq
BODILY INJURY (Pop penm) S
X
X
ALL OWNED AUTOS
SCHEDULED AUTOS
HNEDAUTOS
BODILY NJURY(Ps, awd.n0 S
PROPERTYOAMAGE
(PER ACCIDENT) S
5
X
NO"MMAUTOS
S
UMWMUA WB
I X
OCCUR
EACH OCCURRENCE 5 3,000,00
D
X
EXCESS LIAB
CLAIMS44ACE
XSMP/000916
!
05I0412018
1010112016
AGGREGATE 5 3,000,00
OEH.OUCTIBLE
� S
S
REL NTI N 5
I
C
WORKERS COMPENSATIONX
AND EMPLOYERS' MANJITYTORY
ANYPAOPAIETORFARTNERIFXECUTNE YIN
OFFICE"EMBER EXCLUOEDi
INaIIQalory In NN)
NIA
X
MECDW2189
01119/2016
01/19/2017
NCSTATV H�
I IMITS Ell
EL -EACH ACCIDENT 5 1,000,000
E DISEASE - EA EMPLOVEEI 5 1,000,000
II yyaaf. EafRieR v,Mar
DESCRIPTION OP OPERAPCNS wI
I E L DISEASE -POLOY LMIT JS 1,000,00
A
Rented
Limit 180,00
IEgWp
and I
I
ISKS56224497
1101011201511010112016
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ALch ACORD tet, ASEHlonal Ramakf Schatl I.. It men apacs la nWI,.d)
The City of Newport, Its City Council, boards and commislons, officersagents volunteers employees are shown as additional Insured on the General
LIabill and Auto Liao IIA policies. Waiver of subrogation applies to
General Liability, Auto Ll bilitya and Workers Compensation.
The City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
B.A inAA-9nna AGrTRn CARPnF?ATNTN All dnhfc
•r -FOA 1C /nn/,nMn\ Tl.. AI`IY011---- ....J 1-.-n ... -.ice, J .-...-L-..! A"'A
COMMERCIAL GENERAL LIABILITY
III POLICY NUMBER: 3F.A0sa0
M�RKELe ESSEX INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
Ths endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
PRODUCTSICOMPLETEO OPERATIONS COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM
PROFESSIONAL LIABILITY COVERAGE FORM
Please refer to each coverage form to determine which terms are defned Words shown in quotations on
this endorsement may or may not be defined in all coverage forms
SCHEDULE
Person or Entity. Any person or organization to whom you are obligated by valid written contract to provide
such coverage
WHOIS AN INSURED is amended to include the person or entity shown in the Schedule above as an Additionat Insured
under this insurance, but only as respects negligent acts or omissions of the Named Insured and only as respects any
coverage not otherwise excluded in the policy. Our agreement to accept an Additional Insured provision in a contract s
not an acceptance of any other provisions of the contract or the contract in total
When coverage does not apply for the Named Insured no coverage or defense shall be afforded to the Additional In-
sured.
No coverage shall be afforded to the Additional Insured for injury or damage of any type to any 'employee' of the Named
Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury
or damage.
All other terms and conditions remain unchanged.
MEGL 000901 04 11 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1
with its permission.
gig
COMMERCIAL GENERAL LIABILITY
POLICY NUMBERJ EAc 9A o
ESSEX INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION
This endorsement modes insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
Name of Person or Organization: Any person(s) or organlzatlon(s) to whom the Named
Insured agrees to waive rights or recovery In a written
contract
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —
COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition or the following:
We waive any right of recovery we may have against the person or organealion shown In the Schedule above
as respects written contracts that exist between you and such person or entity, provided you have agreed in
writing to furnish this waiver. This waiver apples only to the person or organization shown in the Schedule
above
All other terms and conditions remain unchanged.
MEGL 0241-01 04 11 Includes copyrighted material of Insurance Services Office, Inc, with Page S of i
its permission.
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
The following Is added to the Other Insurance
Condition and supersedes any provision to the
contrary
Primary And Noncontrfbutory Insurance
This Insurance is primary to and will not seek
contribution from any other insurance avadabe
to an additional Insured under your po'icy
provided that:
(1) The additional insured is a Named Insured
under such other Insurance: and
121 You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 04 13 0 insurance Services Office, Inc., 2012 Page 1 of 1
COMMERCIAL AUTO
CA 88 10 01 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGEFORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
_ COVERAGE INDEX
@ SUBJECT PROVISION NUMBER
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3
ACCIDENTAL AIRBAG DEPLOYMENT 12
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18
AMENDED FELLOW EMPLOYEE EXCLUSION 5
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13
BROAD FORM INSURED 1
BODILY INJURY REDEFINED 21
EMPLOYEES AS INSUREDS (including employee hired auto) 2
EXTENDED CANCELLATION CONDITION 22
EXTRA EXPENSE -BROADENED COVERAGE 10
GLASS REPAIR -WAIVER OF DEDUCTIBLE 15
d HIRED AUTO PHYSICAL DAMAGE(Including employee hired auto) 6
HIRED AUTO COVERAGE TERRITORY 20
LOAN I LEASE GAP 14
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16
PERSONAL EFFECTS COVERAGE 11
PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8
RENTAL REIMBURSEMENT g
SUPPLEMENTARY PAYMENTS q
TOWING AND LABOR 7
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19
SECTION II - LIABILITY COVERAGE is amended as follows:
a 1. BROAD FORM INSURED
SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include
the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock
e during the policy period. However, 'insured' does not Include any organization that:
(1) Is a partnership or joint venture: or
(2) is an insured under any other automobile policy; or
(3) Has exhausted its Umit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in
excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which
you own more than 50 percent of the voting stock. This automatic coverage Is afforded only for
180 days from the dale of acquist0on or formation. However, coverage under this provision
does not apply:
(1) If there Is similar insurance or a self-insured retention pian available to that organization;
*201(1 Mutual Insurance Company All rights reserved
CA 88 10 01 10 Includes mpyrighled material of Insurance Servicos Office Inc, with its Permission. Page 1 of 7
D
(2) It the Limits of Insurance of any other insurance policy have been exhausted; or
(3) To 'bodily injury" or "property damage" that occurred before you acquired or formed the
organization.
2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include
the following as an insured:
f. Any "employee" of yours while using a covered "auto` you do not own, hire or barrow but
only for acts within the scope of their employment by you. Insurance provided by this endorse-
ment Is excess over any other insurance available to any "employee".
g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract
or agreement in that "employee's" name, with your permission, while performing duties re-
lated to the conduct of your business and within the scope of their employment. Insurance
provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
It. Any person or organization with respect to the operation, maintenance or use of a covered
"auto", provided that you and such person or organization have agreed in a written contract,
agreement, or permit Issued to you by governmental or public authority, to add such person, or
organization, or governmental or public authority to this policy as an "Insured".
However, such person or organization Is an "Insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto":
(2) Only for "bodily injury" or "property damage" caused by an 'accident" which takes
Place atter you executed the mitten contract or agreement, or the permit ties been
Issued to you; and
(3) Only for the duration of that contract, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para-
graphs (2) and (4) are replaced by the following:
(2) Up to 53,000 for cast of ball bonds (including bonds for related traffic violations ) required
because of an "accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses Incurred by the Insured at our request, including actual lass of earn-
ings up to $500 a day because of time off from work.
S. AMENDED FELLOW EMPLOYEE EXCLUSION
In those Jurisdictions where, by law, fellow employees are not entitled to the protection afforded to
the employer by the workers compensation exclusivity rule, or similar protection, the following
provision is added:
SECTION It - LIABILITY, exclusion B.G. FELLOW EMPLOYEE does not apply If the "bodily injury"
results from the use of a covered "auto" you own or hire.
SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended
by adding the following:
If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified
Causes of Lass or Collision coverage ere provided under the Business Auto Coverage Form for any
"auto" you own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
02010 Liberty Mutual Insurance Company Aa rights reserved
CA 88 10 111 10 Indudes capyrghied material of Insurance ServIc" Of(ce Inc„ with its Penrusson Page 2 of T
b. Your "employee' hires or rents under a written contract or agreement in that "employee's"
name, but only if the damage occurs while the vehicle is being used in the conduct of your
business,
subject to the following limit and deductible:
A. The most we will pay for 'loss" In any one "accident" or "loss" Is the smallest Of
(11 550,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the loss"; or
(3) The cost of repairing or replacing the damaged or stolen properly with other property of
� like kind and quality, minus a deductible.
B. The deductible Wit be equal to the largest deductible applicable to any owned "auto for that
Sam coverage.
C. Subject to the limit, deductible and excess provisions described in [his provision, we will
d � provide coverage equal to the broadest coverage applicable to any covered "auto" you own.
s ENO
D. Subject 10 a maximum of $750 per 'accident", we will also cover the actual loss or use of the
® hired "auto" if it results from an -accident", you are legally liable and the lessor Incurs an
actual financial loss.
laam E. This coverage extension does not apply to.
�—Ea—= (1) Any "auto" that Is hired, rented or borrowed with a driver; or
—. (2) Any "auto" that is hived. rented or borrowed from your "employee".
For the purposes of this provision, SECTION V. DEFINITIONS Is amended by adding the following:
"Total loss" means a loss" in which the cost of repairs plus the salvage value exceeds the actual
cash value.
A 7, TONING AND LABOR
SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing• is amended by the addition
of the following•.
We will pay lowing and labor costs incurred, up to the limits shown below, each time a covered
"auto" classified and rated as a private passenger type, light truck" or 'medium truck" is dis-
abled:
a. For private passenger type vehicles, we will pay up to $50 per disablement.
b. For "light trucks", we will pay up to $50 per disablement. 'Light trucks" are bucks that have a
gross vehicle weight (GVW) of 10,000 pounds or less.
o. For "medium trucks" , we wilt pay up to $150 per disablement. "Medium trucks" are trucks that
have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.
However, the labor must be performed at the place of disablement.
S
a S. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
Paragraph A*a, Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend-
ed to provide a limit of 550 per day and a maximum limit of $1,500
02010Ubeny Mutual Insurance Company At rights reserved
CA 88 10 01 10 Includes copyrighted material of Insurance services Office Inc V rith its Pernussion
Page 3 of 7
S. RENTAL REIMBURSEMENT
SECTION III -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, Is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses Incurred by you for the rental
of an "auto" because of "accident" or loss", to an "auto" for which we also pay a "loss"
under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for
those expenses incurred after the first 24 hours following the "accident" or loss" to the
covered "auto."
b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many
cases may be substantially less than $75 per day, and will only be allowed for the period of
time tl should take to repair or replace the vehicle with reasonable speed and similar quality, up
to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove
and replace your tools and equipment from the covered "auto".
d. This coverage does not apply unless you have a business necessity that other "autos" avail.
able for your use and operation cannot fill.
e. If loss" results from the total theft of a covered "auto" of the private passenger type, we will
pay under this coverage only that amount of your rental reimbursement expenses which Is not
already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
For the purposes of this endorsement provision, materials and equipment do not include "personal
effects" as defined in provision 11.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION hl -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of
returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
following:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal
effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.
8. SECTION V- DEFINITIONS is amended by adding the lollowing:
For the purposes of this provision, "personal effects' mean tangible property that is worn or
carried by on insured." "Personal effects' does not include tools, equipment. Jewelry, money
or securities.
12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow-
ing:
It you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for
'loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible Insurance or reimbursement by
manufacturer's warranty, However, we agree to pay any deductible applicable to the other cov-
erage or warranty.
13, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu-
sions 4,c, and 4.d. Is deleted and replaced with the following,
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Exclusion 4.c. and 4.d. do not apply to;
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not
designed solely for the reproduction of sound, if the equipment is permanently Installed in the
covered "auto" at the time of the "loss" and such equipment is designed to be solely operated
by use of the power from the "auto's" electrical system, in at upon the covered "auto" and
physical damage coverages are provided for the covered "auto"; or
If the "lass" occurs solely to audio, visual or data electronic equipment or accessories used with
this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by a $100 deductible.
14, LOAN ILFJI5E GAP COVERAGE
A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE Is
amended by adding the following:
The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any
one "accident" Is the greater of the:
1. Balance due under the terms of the loan or lease to which the damaged covered "auto" Is
Raw subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the
date of the 'loss",
b. Financial penalties Imposed under a lease due to high mileage, excessive use or ab-
normal wear and tear,
I�
c, Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover balances from prevlous loans or leases,
fi e. Final payment due under a "Balloon Loan",
If. The dollar amount of any unrepalred damage which occurred prior to the "total loss"
of a covered "auto",
g. Security deposits not refunded by a lessor,
h. All refunds payable or paid to you as a result of the early termination of a lease
agreement or as a result of the early termination of any warranty or extended service
agreement on a covered "auto",
I. Any amount representing taxes,
I. Loan or lease termination fees; or
2. The actual cash value of the damage or stolen property as of the time of the "loss".
An adjustment for depreciation and physical condition will be made in determining the actual
x cash value at the time of the 'foss'. This adjustment Is not applicable In Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "auto" that Incurred the
loss serves as collateral, or lease written on the covered "auto" that Incurred the lass.
C. SECTION V - DEFINTIONS is changed by adding the following:
As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" In which the cost of repairs plus the salvage value exceeds the
actual cash value.
A'balloon loan" is one with periodic payments that are insufficient to repay the balance over
the term of the loan, thereby requiring a large final payment.
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3
It
16. GLASS REPAIR- WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
No deductible applies to glass damage If the glass Is repaired rather than replaced.
18. PARKEDAUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
The deductible does not apply to 'loss" caused by collision to such covered "auto^ of the private
passenger type or light weight truck with a grass vehicle weight of 10,000 lbs. or less as defined by
the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an insured";
b. Legally parked; and
c. Unoccupied.
The "loss" must be reported to the police authorities within 24 hours of known damage.
The total amount of the damage to the covered "auto" Horst exceed the deductible shown in the
Declarations.
This provision does not apply to any 'loss" if the covered 'auto" is in the charge of any person or
organization engaged in the automobile business.
SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows:
17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. Is amended by adding the following:
If you unintentionally fall to disclose any hazards, exposures or material facts existing as of the
Inception date or renewal dale of the Business Auto Coverage Form, the coverage afforded by this
policy will not be prejudiced.
However, you must report the undisclosed hazard of exposure as soon as practicable after Its
discovery, and we have the right to collect additional premium for any such hazard or exposure.
18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS
SECTION IV • BUSINESS AUTO CONDITIONS, paragraph A.2.2. is replaced in its entirety by the
following:
a. In the event of "accident", claim. "suit" or 'loss", you must promptly notify us when it Is
known lo:
1. You, If you are an Individual;
2. A partner, it you are a partnership;
3. Member, if you are a limited liability company;
4. An executive officer or the "employee" designated by the Named Insured to give such
notice, if you are a corporation.
To the extent possible, notice to us should include.
(1) How, when and where the 'accident" or "loss" took place;
(2) The insureds" name and address; and
(3) The names and addresses of any Injured persons and witnesses.
18. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A,6., Transfer of Rights of Recovery
Against Others to Us. Is amended by the addition of the following:
If the person or organization has waived those rights before an "accident" or "loss", our rights are
waived also
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20. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, Is
amended by the addition of the following:
f. For 'autos' hired 30 days or less, the coverage territory is anywhere in the world, provided that
the Insured's responsibility to pay for damages is determined in a "suit', on the merits, in the
United Stales, the territories and possessions of the United States of America, Puerto Rico or
Canada or in a settlement we agree to.
This extension of coverage does not apply to an 'auto" hired, leased, rented or borrowed with
a driver.
1=1 SECTION V - DEFINITIONS is amended as follows:
21. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS, definition C. Is replaced by the following:
5 "Bodily Injury' means physical Injury, sickness or disease sustained by a person, including mental
anguish, mental injury, shock, flight or death resulting from any of these at any time.
111130 COMMMON POLICY CONDITIONS
—tea. 22. EXTENDED CANCELLATION CONDITION
0
$ COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol-
lows:
If we cancel for any reason other than nonpayment of premium, we will mail to the first Named
Insured mitten notice of cancellation at least 60 days before the effective date of cancellation. This
provision does not apply In those states which require more than 60 days prior notice of cancella-
Non.
a
x
z
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CA 88 10 011 10 Indudesmpynghled malarial or Insurance Services Office Inc .with its Ponnission Page 7 of 7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHTTO RECOVER
FROM OTHERS ENDORSEMENT
Policy Number:53WECOW2189
Effective Date: 01/19/2016
Named Insured and Address: Vision BuiWg Services be.
We have the right to recover our payments from anyone liabe for an injury covered by this policy. We will not
enforce our right against the person or organization named in die Schedule.
This agreement shall not operate directly or indirectly to bereft anyone not named in the Schedule
SCHEDULE
The City of Newport Beach
Its City Council, boards and commsrans, officers, agents. vobnteers and employees
100 Gvic Center Drive
Newport Beach, CA 92660
Countersigned by
Authorized Representative
Form WC 00 03 13 Printed in U _S A.