HomeMy WebLinkAboutAGENDA REPORT 2012 0502 CC REG ITEM 10E ITEM 10.E.
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MOORPARK CITY COUNCIL ACTON:-- T
AGENDA REPORT -
TO: Honorable City Council
FROM: David C. Moe II, Redevelopment Manag
PREPARED BY: Jessica Sandifer, Management Analys
DATE: April 25, 2012 (CC Meeting of 05102/12)
SUBJECT: Consider Award of Bid and Project Approval for the Demolition of
161 Second Street
BACKGROUND & DISCUSSION
The Redevelopment Agency acquired 161 Second Street for use as a future downtown
park project and subsequently transferred the property to the City of Moorpark. The
structures are vacant and staff feels that it is appropriate to demolish the buildings to
remove the attractive nuisance they provide.
After completion of hazardous material testing, an informal request for bids for the
demolition of these structures was released in April 2012. Four bids were received by
the due date of April 19, 2012. The results are:
California Land Clearing, Inc. $ 9,674.50
Heathcote Geotechnical $12,000.00
Specialized Environmental $ 9,842.00
VAC Environmental, Inc. $25,113.00
The proposals were evaluated on their completeness and cost. The low bidder is
California Land Clearing, Inc. (CLC). CLC possesses the necessary qualifications,
resources, and experience to perform the work.
ENVIRONMENTAL DOCUMENTATION
As this project involves the demolition and removal of one residence and its accessory
structures, and there is no reasonable possibility that it would result in a significant
effect on the environment, either individually or cumulatively in consideration of other
reasonably foreseeable projects, it is the Community Development Director's
determination that the project is categorically exempt from environmental review under
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Honorable City Council
May 2, 2012
Page 2
the California Environmental Quality Act (CEQA) pursuant to Section 15301(1)(1) & (4)
of the CEQA Guidelines. If this project is approved, Staff will file a Notice of Exemption
with the County Clerk.
FISCAL IMPACT
Funds are budgeted in the General Fund (1000) in the amount of $15,000 for this
project.
STAFF RECOMMENDATION
1) Approve the removal of structures at 161 Second Street; and
2) Award bid to California Land Clearing, Inc. for $9,674.50, including a project
contingency of $2,000 for unforeseen circumstances and authorize execution of
the Agreement by the City Manager, subject to final language approval by the
City Manager and City Attorney.
3) Direct staff to file a Notice of Exemption with the County Clerk.
Attachment 1 - Agreement
187
ATTACHMENT 1
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
CALIFORNIA LAND CLEARING, INC., FOR DEMOLITION OF 161 SECOND STREET
THIS AGREEMENT, is made and effective as of this day
of , 2012, between the City of Moorpark, a municipal corporation
("City") and California Land Clearing, Inc., a California corporation ("Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree
as follows:
WHEREAS, City has the need for construction services related to demolition of
161 Second Street, and
WHEREAS, Contractor specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, the City Council of the City at a meeting held on the 2nd day of May,
2012, authorized the City Manager to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of the Agreement shall be from the date of execution to completion of
the work identified in the Scope of Services and in conformance with this Agreement,
unless this Agreement is terminated or suspended as referred to herein.
2. SCOPE OF SERVICES
City does hereby retain Contractor in a contractual capacity to provide
construction services related to demolition of 161 Second Street, as set forth in Exhibit
B: Contractor's Bid Proposal, dated April 19, 2012, which exhibit is attached hereto and
incorporated herein by this reference as though set forth in full and hereinafter referred
to as the "Proposal." Where said Scope of Services is modified by this Agreement, or in
the event there is a conflict between the provisions of said Scope of Services and this
Agreement, the language contained in this Agreement shall take precedence.
Contractor shall perform the tasks described and set forth in Exhibit B attached
hereto and incorporated herein by this reference as though set forth in full. Contractor
shall complete the tasks according to the schedule of performance which is also set
forth in Exhibit B.
Compensation for the services to be performed by Contractor shall be in
accordance with Exhibit B, attached hereto and incorporated herein by this reference as
though set forth in full. Compensation shall not exceed the rates or total value of nine
thousand six hundred and seventy-four dollars and fifty cents ($9,674.50) as stated in
188
Exhibit B, without the written authorization of the City Manager. Payment by City to
Contractor shall be as referred to in this Agreement.
3. PERFORMANCE
Contractor shall at all times faithfully, competently, and to the best of Contractor's
ability, experience, and talent, perform all tasks described herein. Contractor shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in
meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Contractor's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Contractor shall be Doug Muelder, and no other individual may be substituted
without the prior written approval of the City Manager.
The City's contact person in charge of administration of this Agreement, and to
serve as principal liaison between Contractor and City, shall be the City Manager or the
City Manager's designee.
5. PAYMENT
The City agrees to pay Contractor monthly, in accordance with the terms and the
schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein
by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed nine thousand six hundred and seventy-four dollars
and fifty cents ($9,674.50) for the total term of the Agreement unless additional payment
is approved as provided in this Agreement.
Contractor shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City
Manager. Contractor shall be compensated for any additional services in the amounts
and in the manner as agreed to by City Manager and Contractor at the time City's
written authorization is given to Contractor for the performance of said services. The
City Manager, if authorized by City Council, may approve additional work not to exceed
two thousand dollars ($2,000.00).
Contractor shall submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon
thereafter as practical, for services provided in the previous month. Payment shall be
made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the
City disputes any of Contractor's fees it shall give written notice to Contractor within
thirty (30) days of receipt of any disputed fees set forth on the invoice. Contractor shall
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provide appropriate documentation, as determined by the City, for all reimbursable
expenses.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least
ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Contractor may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination. In the event of such
termination, Contractor shall be compensated for such services up to the date of
termination. Such compensation for work in progress shall be prorated as to the
percentage of progress completed at the date of termination.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, the City may proceed in the manner set forth in Section 6-4 of the
Greenbook.
7. DEFAULT OF CONTRACTOR
The Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Contractor for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Contractor. If such failure by the
Contractor to make progress in the performance of work hereunder arises out of causes
beyond the Contractor's control, and without fault or negligence of the Contractor, it
shall not be considered a default.
If the City Manager or the City Manager's designee determines that the
Contractor is in default in the performance of any of the terms or conditions of this
Agreement, he/she shall cause to be served upon the Contractor a written notice of the
default. The Contractor shall have five (5) working days after service upon it of said
notice in which to cure the default by rendering a satisfactory performance. In the event
that the Contractor fails to cure its default within such period of time, the City shall have
the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it
may be entitled at law, in equity or under this Agreement.
8. APPRENTICESHIP
Contractor must comply with all provisions of Labor Code Section 1777.5.
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9. LIQUIDATED DAMAGES
If the Contractor fails to complete the work, or any portion thereof, within the time
period required by this Agreement or as duly extended in writing by the City Manager,
Contractor shall forfeit and pay to the City, as liquidated damages, the sum of two
hundred and fifty dollars ($250.00) per day for each calendar day the work, or portion
thereof, remains uncompleted after the above specified completion date. Liquidated
damages shall be deducted from any payments due or to become due to the Contractor
under the terms of this Agreement [Government Code Sec. 53069.85]. Progress
payments made by the City after the above specified completion date shall not
constitute a waiver of liquidated damages by the City.
10. OWNERSHIP OF DOCUMENTS
Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Contractor shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records; shall give the City the right to examine and audit said books and
records; shall permit City to make transcripts therefrom as necessary; and shall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of ten (10) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files,
surveys, notes, and other documents prepared in the course of providing the services to
be performed pursuant to this Agreement shall become the sole property of the City and
may be used, reused, or otherwise disposed of by the City without the permission of the
Contractor. With respect to computer files, Contractor shall make available to the City,
at the Contractor's office and upon reasonable written request by the City, the
necessary computer software and hardware for purposes of accessing, compiling,
transferring, and printing computer files.
11. INDEMNIFICATION AND HOLD HARMLESS
Contractor hereby assumes liability for and agrees to defend (at Indemnitees'
option), indemnify, protect, and hold harmless City and its Project Contractors, and
engineers, officers, agents, and employees ("Indemnitees") from and against any and all
claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs,
expenses (including attorneys' fees), judgments, civil fines and penalties, liabilities of
any kind or nature whatsoever, which may be sustained or suffered by or secured
against the Indemnitees arising out of or encountered in connection with this Agreement
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or the performance of the work including, but not limited to, death of or bodily injury to
persons or damage to property, including property owned by or under the care and
custody of City, and for civil fines and penalties, that may arise from or be caused, in
whole or in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees, or subcontractors including but not limited to, liability arising from:
a) Any dangerous, hazardous, unsafe, or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act,
omission, neglect, or any use or occupation of the premises by Contractor, its
officers, agents, employees, or subcontractors;
b) Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or pursuant
to the provisions of this Agreement or otherwise;
c) Any act, omission, or negligence of Contractor, its officers, agents,
employees, or subcontractors;
d) Any failure of Contractor, its officers, agents, or employees to comply with
any of the terms or conditions of this Agreement or any applicable federal, state,
regional, or municipal law, ordinance, rule or regulation; and
e) The conditions, operations, uses, occupations, acts, omissions, or
negligence referred to in Subsections a, b, c, and d, existing or conducted upon or
arising from the use or occupation by Contractor on any other premises in the care,
custody and control of City.
The Contractor also agrees to indemnify City and pay for all damage or loss suffered
by City including but not limited to damage to or loss of City property, to the extent not
insured by City and loss of City revenue from any source, caused by or arising out of
the conditions, operations, uses, occupations, acts, omissions or negligence referred to
in Subsections a, b, c, d, and e.
Contractor's obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of City under any provision of
this Agreement, Contractor shall not be required to indemnify and hold harmless City for
liability attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
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192
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of Contractor in the
performance of this Agreement. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this Section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns, or heirs of Contractor and shall survive the termination of this
Agreement or Section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to be indemnified hereunder, City may, in its sole discretion, reserve, retain, or
apply any monies to the Contractor under this Agreement for the purpose of resolving
such claims; provided, however, City may release such funds if the Contractor provides
City with reasonable assurance of protection of the Indemnitees' interests. City shall, in
its sole discretion, determine whether such assurances are reasonable.
12. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
13. INDEPENDENT CONTRACTOR
Contractor is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of Contractor's officers, employees, or agents, except as
set forth in this Agreement. Contractor shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers,
employees, or agents of the City. Contractor shall not incur or have the power to incur
any debt, obligation, or liability against City, or bind City in any manner.
No employee benefits shall be available to Contractor in connection with the
performance of this Agreement. Except for the fees paid to Contractor as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Contractor
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services
hereunder.
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14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of local, state and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times
observe and comply with all such laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor
to comply with this Section.
15. ANTI DISCRIMINATION
Neither the Contractor, nor any subcontractor under the Contractor, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical handicap, medical condition, marital status, or
gender of such person, except as provided in Section 12940 of the Government Code.
The Contractor shall have responsibility for compliance with this Section [Labor Code
Section 1735].
16. UNDUE INFLUENCE
Contractor declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Contractor, or any officer,
employee, or agent of Contractor, in connection with the award of this Agreement or any
work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
17. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the Project
during his/her tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Project performed under this Agreement.
18. CONFLICT OF INTEREST
Contractor covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Contractor further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subcontractor.
Contractor further covenants that Contractor has not contracted with nor is performing
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any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Contractor and/or
its subcontractors shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
19. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
To- Doug Muelder, President
California Land Clearing, Inc.
2233 Knoll Drive
Ventura, California 93003
P.O. Box 1057
Ventura, California 93002
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
20. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Contractor's legal
entity, the Contractor shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
21. ASSIGNMENT
Contractor shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Contractor
is uniquely qualified to perform the services provided for in this Agreement.
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22. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
23. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Contractor understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
24. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to
the obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement and shall be of no further force or effect. Each party is
entering into this Agreement based solely upon the representations set forth herein and
upon each party's own independent investigation of any and all facts such party deems
material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, Sections, and
Exhibits of this Agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles, Paragraphs, Sections,
and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. TIME OF COMPLETION
City and Contractor agree that time is of the essence in this Agreement. City and
Contractor further agree that Contractor's failure to perform on or at the times set forth
in this Agreement will damage and injure City, but the extent of such damage and injury
is difficult or speculative to ascertain. Consequently, City and Contractor agree that any
failure to perform by Contractor at or within the times set forth herein shall result in
liquidated damages as defined in this Agreement for each and every day such
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performance is late. City and Contractor agree that such sum is reasonable and fair.
Furthermore, City and Contractor agree that this Agreement is subject to Government
Code Section 53069.85 and that each party hereto is familiar with and understands the
obligations of said Section of the Government Code.
28. PRECEDENCE
Contractor is bound by the contents of City's Bid Package and Proposal, Exhibit
C attached hereto and incorporated herein by this reference as though set forth in full.
In the event of conflict, the requirements of the City's Bid Package and this Agreement
shall take precedence over those contained in the Proposal.
29. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
30. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
31. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Contractor
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Contractor and has the authority to bind Contractor to the performance of
obligations hereunder.
[signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CALIFORNIA LAND CLEARING, INC.
By: By:
Steven Kueny, City Manager Doug Muelder, President
Attest:
Maureen Benson, City Clerk
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EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Contractor will
maintain insurance in conformance with the requirements set forth below. Contractor
will use existing coverage to comply with these requirements. If that existing coverage
does not meet the requirements set forth here, it will be amended to do so. Contractor
acknowledges that the insurance coverage and policy limits set forth in this section
constitute the minimum amount of coverage required. Any insurance proceeds available
to City in excess of the limits and coverage required in this Agreement and which is
applicable to a given loss, will be available to the City.
Contractor shall provide the following types and amounts of insurance:
1. Commercial General Liability
Commercial General Liability Insurance shall be provided by an Insurance
Services Office "Commercial General Liability" policy form CG 00 01 or the exact
equivalent. Defense costs must be paid in addition to limits. There shall be no cross
liability exclusion for claims or suits by one insured against another. Limits shall be no
less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000
general aggregate.
Contractor's policy shall contain no endorsements limiting coverage beyond the
basic policy coverage grant for any of the following:
a. Explosion, collapse or underground hazard (XCU)
b. Products and completed operations
c. Pollution liability
d. Contractual liability
Coverage shall be applicable to City for injury to employees of contractors,
subcontractors, or others involved in the project. Policy shall be endorsed to provide a
separate limit applicable to this project.
2. Workers' Compensation
Workers' Compensation insurance shall be provided on a state-approved policy
form providing statutory benefits as required by law with employers' liability limits no
less than $1,000,000 per accident for all covered losses.
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3. Business Auto Coverage
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 06 92
including symbol 1 (Any Auto) or the exact equivalent shall be provided. Limits shall be
no less than $1,000,000 per accident, combined single limit. If Contractor owns no
vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
general liability policy described above. If Contractor or Contractor's employees will use
personal autos in any way on this project, Contract shall provide evidence of personal
auto liability coverage for each such person.
4. Excess or Umbrella Liability
Excess or Umbrella Liability insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion precluding
coverage for claims or suits by one insured against another. Coverage shall be
applicable to City for injury to employees of contractor, subcontractors, or others
involved in the Work. The scope of coverage provided is subject to the approval of city
following receipt of proof of insurance as required herein. Limits are subject to review.
Insurance procured pursuant to these requirements shall be written by insurers
that are admitted carriers in the state of California and with A.M. Best rating of A- or
better and a minimum-financial size of VII.
Contractor and City agrees as follows:
1. Contractor agrees to endorse the third party general liability coverage required
herein to include as additional insureds City, its officials, employees, agents,
using standard ISO endorsement No. CG 2010 with an edition date of 1985.
Contractor also agrees to require all contractors, subcontractors, and any one
else involved in any way with the project contemplated by this Agreement to do
likewise.
2. Any waiver of subrogation express or implied on the part of the City to any party
involved in this Agreement or related documents applies only to the extent of
insurance proceeds actually paid. City, having required that it be named as an
additional insured to all insurance coverage required herein, expressly retains the
right to subrogate against any party for sums not paid by insurance. For its part,
Contractor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors, or others involved in any way with the project contemplated by
this Agreement to do likewise.
3. All insurance coverage maintained or procured by Contractor or required of
others by Contractor pursuant to this Agreement shall be endorsed to delete the
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subrogation condition as to the city, or to specifically allow Contractor or others
providing insurance herein to waive subrogation prior to a loss. This
endorsement shall be obtained regardless of existing policy wording that may
appear to allow such waivers.
4. It is agreed by Contractor and City that insurance provided pursuant to these
requirements is not intended by any party to be limited to providing coverage for
the vicarious liability of City, or to the supervisory role, if any, of City. All
insurance coverage provided pursuant to this or any other Agreement (express
or implied) in any way relating to City is intended to apply to the full extent of the
policies involved. Nothing referred to here or contained in any agreement
involving City in relation to the project contemplated by this Agreement is
intended to be construed to limit the application of insurance coverage in any
way.
5. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Contractor shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discover period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of binders of
coverage, or endorsements, or certificates of insurance, shall be delivered to City
at or prior to the execution of this Agreement. In the event such proof of
insurance is not delivered as required, or in the event such insurance is canceled
or reduced at any time and no replacement coverage is provided, City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by City shall be charged to and promptly paid by Contractor or
deducted from sums due Contractor, at City option.
8. Contractor agrees to endorse, and to required others to endorse, the insurance
provided pursuant to these requirements, to require 30 days notice to City and
the appropriate tender prior to cancellation or reduction of such liability coverage
and notice of any material alteration or non-renewal of any such coverage, and to
require contractors, subcontractors, and any other party in any way involved with
the project contemplated by this Agreement to do likewise.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Contractor or any subcontractor, and any other party
involved with the project who is brought onto or involved in the project by
Contractor, is intended to apply first and on a primary non-contributing basis in
relation to any other insurance or self insurance available to the City.
California Land Clearing, Inc. Page 14 of 16
161 Second Street Demolition 201
10. Contractor agrees to ensure that subcontractors, and any other party involved
with the project who is brought onto or involved in the project by Contractor,
provide the same minimum insurance coverage required of Contractor.
Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this Agreement. Contractor agrees that upon request, all
agreements with subcontractors and others engaged in this project will be
submitted to City for review.
11. Contractor agrees that all layers of third party liability coverage required herein,
primary, umbrella and excess, will have the same starting and expiration date.
Contractor agrees further that all other third party coverages required herein will
likewise have concurrent starting and ending dates.
12. Contractor agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, architect, engineer, or other
entity or person in any way involved in the performance of Work on the project
contemplated by this Agreement to self-insure its obligations to City. If
Contractor's existing coverage includes a deductible or self-insured retention, the
deductible or self-insured retention must be declared to the City. At that time the
City shall review options with the Contractor, which may include reduction or
elimination of the deductible or self-insured retention, substitution of other
coverage, or other solutions.
13. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contractor 90
days advance written notice of such change. If such change results in substantial
additional cost to the Contractor, the City will negotiate additional compensation
proportional to the increased benefit to City.
14. For purposes of applying insurance coverage only, all contracts pertaining to the
project will be deemed to be executed when finalized and any activity
commences in furtherance of performance under this Agreement.
15. Contractor acknowledges and agrees that any actual or alleged failure on the
part of City to inform Contractor of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
16. Contractor will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuance to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. The insurance shall include but not be limited to
products and completed operations and discontinued operations, where
California Land Clearing, Inc. Page 15 of 16
161 Second Street Demolition 202
applicable. Termination of this obligation is not effective until City executes a
written statement to that effect.
17. Contractor agrees to waive its statutory immunity under any workers'
compensation statute or similar statute, in relation to the City, and to require all
subcontractors and any other person or entity involved in the project
contemplated by this Agreement to do likewise.
18. Requirements of specific coverage features are not intended as limitations on
other requirements or as a waiver of any coverage normally provided by any
given policy. 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.
19. Any provision in any of the construction documents dealing with the insurance
coverage provided pursuant to these requirements, is subordinate to and
superseded by the requirements contained herein. These insurance
requirements are intended to be separate and distinct from any other provision in
this Agreement and are intended by the parties to be interpreted as such.
20. All liability coverage provided according to these requirements must be endorsed
to provide a separate aggregate limit for the project that is the subject of this
Agreement and evidencing products and completed operations coverage for not
less than two years after issuance of a final certificate of occupancy by all
appropriate government agencies or acceptance of the completed work by City,
21. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to change City or
Contractor for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to City. It is not
the intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums
or other amounts with respect thereto.
22. Contractor agrees to obtain and provide to City a copy of Professional Liability
coverage for Architects or Engineers on this project through Contractor. City shall
determine the liability limit.
California Land Clearing, Inc. Page 16 of 16
161 Second Street Demolition 203
EXHIBIT B
CALIFORNIA. CLEARING,�� INC.��sm�u' `�u���~� ��r�~�� ���^����"��n = `~'
P.O. Box 1057.Ventura.California 9'N2USA
Telephone: 805.643.8900 Fax: 805.643.8909
ljccusc#5ll446
Anri) |9. 20\2
To: City o{Moorpark,
Attn: Jessica Sandifer
79w Moorpark Avenue
,Vloorpmrk, CA 93021
Pb#: U0-5-5l7-b22-5
Faz: N0-5- 53l'%538
Sub: Site Demolition — l0| Second Street Demolition —Moot-park
"Vis' Somdifer
9|caseucocptthiopnnpmmul/noDiuo[ fbryonrp 'cotlOoated ioNlmorpark, CA.. |fagcccdupon
nmd 0000phcd by both parties, this proposal will act as ao0nbmct and will supersede any representations
Made p,criooa|yhy either party.
Scope of Work
'I"he following Scope of Work is based on the non-niandatory,jobwalk an(] (lie City ot'Nloorpark
Request for Proposal packet dated April 6, 20l2, including Addendum No. L
Our Scope of Work iuua follows and
ioobzd�a�
- l convc. haul, and dispose o[U»ecsi u'ng aboctuzoousiudbcated, inc|uJingiierno i-3) and the Contractor Requirements I - 15.
' Our areas uf work 0mbc left bucket clean and reudv for rough grade.
- Based on (1) mobilization. Additional mobilizations will be at an additional cost Lo contraci.
-
We will provide a\|ofthn expertise, necessary equipment, manpower and supervision 1n
professionally and efficiently complete this job in.u timely manner.
- Poui|> �a� as DO apply fbrdhixpro�u�uJ.vu�
bntcrior trash and dcbrisv/erc deemed ulcancdhy the City of Moorpark,
Condhioxacxcceding[hickuonm. lcogth, dcytb, o(quunLityoFrno{criulquoicdnloyinco/'
additional costs. .
- This proposal is conLingcn1cm any and all delays beyond out-con4nol.
/\/jjcbedto proposal iaa copy o[our Insurance.
'"ooa�ux"n`'ru . )�
204
Total project iseaius4edbobc completedIn approximately 3 working days, not including tile
ycnoo process. Any material Or salvage iK connection with the demolition & removal 0F the above
ncl'cuenocJ pro ect has been taken into consideration for this bid. and wil I be the property of Call tbriiia
Lund [|oadDg, Inc.
Exclusions
Not included in our scope Of work and to be provided by others at no cost to California Land
Inc. will be:
-
Items (obcrelocated
-
{jnvvodkub|ouoU000ditiona
- � Surveys orlayout
- Linforosecn, uokuovwi, burled and/or oversized concrete 0rdebris
- Removal u[nnkoov/n/bucod structures nzbasements.
- Removal u For damage 10 Cesspools, Septic Systems 8i Septic tanks
-
Tree Report, Tree Protection, Tree rcInom1ino, or Root Pruning
Providing uod/mrpaying [hr any monitors.
Contract Price
Our price for the project: S9674,50
Terms
- Payment per the City of ark- pu}nocu1 schedule outlined in the Standard 4urcnnom)t.
- we appreciate the opportunity to present this proposal/Contract tn you and look forward to work-111111
with you- Please execute this proposal where provided and uetuzoitk` this office. A b/|}yoxecu1ud
conboot will bercfticocdh` you. This pznpoau}/uon1ruo1iu valid for 20 (h�cnty) business duys after the
date shown on page one,
RLoypccl0u}iysuhmoi1ked,
;Milos Moc\der- Division Ma*ng'cr
"Coou-aruvs are tequired by ta�to be licensed and regulated by the Contractors State,UcCT)SC Board. &nyqucodouo
c�nc�mio�u contractor rmy he,urer-red to the Registrar,Contractors Suur Dccosr Board,3l22 Bradsha-w Road.
Socram=nx`.CA."
/",CoxrornixLmm0clearing: Signuuu'r/orOivxr
- ---____------_____------____-_- -' -- _' ........ ---
_______' - -
oul"
205
' CERTIFICATE OF L.IABI�IW INSURANCE OP ID r3ATE(MMfQDrYYYY)
44/16j12
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(Wes)must be endorsed. It SUBROGATION IS WAIVED.subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsernent(sl.
PRODUCER NAME:� Jeanie Swan, CI SR
United Valley/Valencia Office PHONE
Valencia Office P'c4Ni-!Em?.. 559-256-2574 �Are,Nor 888-329-889
F.O. Box 27424 ADDRESS jeanies@unitedvalley com
Fresno GA 93729-7424 PRODUCER
CUSTOMER IO#' CALI-56
Phone:800-549-4242 Fax:888-329°8842 INSURER(S)AFFORDING COVERAGE NAIC9
INSURED _.. - _.. _....... _....... ___. .. INSURER A. Transportation Snsurancc Co,
CALIFORNIA LAND CLEARING 114C __...
P O BOX 1057 INSURER 8 American Casualty Go.
VENTURA. CA 93042--145'7 INSURERC:
INSURER D
INSURER E
INSURER r
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT T HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
i'-JD CA7E:.I NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCIU)SIONS AND CONDI'TIOM5 OF SUCH POLICIES.LIM;TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR __.. _.... _...._. _._ :ADDCSUBR'___... _..__ ___ __ ._--POLfOYEFF "...POLICYEXR .....LtSA:TS __.... .. _..
LTR TYPE OF INSURANCE INSR I VrVD POLICY NUMBER (MMfOOIYYYY);(MhIID ),DtYYYY
. ......__...__ ._,.. _.._....__. .,.......
..........
GENER ALLIABIUTV I FAC_-H OCC'URRUTICE_ > 1,000,000
I_DA&11 TORE!i.U.........
A �WAE...W .EM=CR.Ld.:,AbL`Y 100,000
_L4 n:raa,>t� .X 5,000
X Owner/Cont Prot. X FRSONAI s,0V`JJUR 1,000,000
GFN.RAL GGR i;ATE s2,000,000
I-.'PF PRo z i'T.,-C,,..v:IQP tr„ '52,000,000
AUT01,10BILE UABIHTY�. ::i "fINLt.�$Ity I.L:I-UNIT
S 1,000,000
(Ea
D X I.},<a€,r r: 1, 2087948707 11/01/11ill/01/12
i fiii[7�Ly i.ill=2Y F_->,i.^.C_NM.�q
- _ t>R s!I-RT`!CIA."✓A�L...
1
UMBRELLA LiAS 4rw _;F2 EA:.r OCC:URRR NCE
EXCESS LIAR ;i.AEA9,c.Pvik,)F..
.....,..__.- _........_......_ .-._._...r.GS„t
WORKERS COMPENSATION 4 t A ._..iER
AND EMPLOYERS'LIABILITY Y t N LiMV T.� � i..ER ....._ ...
Y n' h F-Jfi R NCF2rE X Z f I' N t A ' El +A tC. Oi P„f
F I n!t1 +�t3.. R.X�E JDE"•_O� _. .. _ _.......
fMancdtary m NH) (-.-.. ,
EL LIS.4�E E.,FMVfaLt,.YEr=G..._
s. it P .. ._...... _.
_.t.rc�%T..I�M�Jf�M#dr'.iCi`.i`x.Ei4Y � __ =Et, fISEksE P..IG�`2.`E.iil
A ' Equipment Floater i_ tt .2087937254 11/01/11!11/01/12 Rent/Leas 140000
' Deductib 2500
CESCRiP''IO OF OPERATIONS t LOCATIONS f VEHICLES(Attacts ACORD 101 Additional RematKG SCheduie,if more space Is required)
Re 161 Second Street, Moorpark, CA 9'3021.
City of Moorpark, its officials erctployees & a eats are included as
additional insured per form G-1' 957-G91 a•ttachea in regards to work
performed by the named insured only per written contract. Insurance is
primary and non-contributory per farm G-17957-G99 per written contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CTTYMOO THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF MOORPARK AUTHORIZED REPRESENTATIVE
799 OORPARK AVE
MC3iJrPARtC CA 93421-1136
1988-2049 ACORD CORPORATION, II rights reserved.
ACORD 25(2009!49) The ACORD name and logo are registered marks of ACORD
206
P �.
Waiver of Subrogation applies to General Liability per form G-18652-1
attached per written contact.
2
i
E
207
C"/1tA (Ed, 10/0 )
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C.1. OF THIS ENDORSEMENT FOR THESE DUTIES.
ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH
RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE
"PRODUCTS-COMPLETED OPERATIONS HAZARD." SEE PARAGRAPH B.3. OF THIS
ENDORSEMENT FOR THIS COVERAGE CHANGE.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH LIMITED PRODUCTS — COMPLETED OPERATIONS
COVERAGE
This endorsement resod fifes insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
(Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to Declarations of this policy, whichever is less,
include as an insured any person or organization, These Limits of Insurance are inclusive of,and not
including any person or organization shown in the in addition to,the Limits of Insurance shown in the
schedute above. (called additional insured)whom you Declarations.
are required to add as an additional insured on this 3. The coverage provided to the additional insured
policy under a written contract or written agreement', by this endorsement and paragraph f. of the
but the written contract or written agreement must be: definition of "insured contract" under
f. C;irrenntly in effector becoming effective during the DEFINITIONS (Section V)de not apply to "bodily
tens of this policy;and injury" or "property damage" arising out of the
"products-completed operations hazard" uniess
Z Executed prior to the "bodily injury," ;'property required by the written contract or written
damage."or"personal and advertising injury." agreement. When coverage does apply to "bodily
B< The insurance provided to the additional insured is injury" or "property damage" arising out of the
limited as ante p: "products-completed operations hazard" such
coverage will not apply beyond:
"I. That person or organization is an additional a. The period of time required by the written
insured solely for liability due to your negligence
and specifically resulting from "your work" for the contract or written agreement; or
additional insured which is the subject of the b, 5 years from the completion of"your wo-k°'on
written contract or written agreement. No the project which is the subject of the written
coverage applies to liability resulting from the sole contract or written agreement,
negligence of the additional insured. whichever is less.
2. The Limits of insurance applicable to the
�iddit cinal insured are those specified in the 4� Tate insurance provided to the additional insured
�,,vritten contract or written agreement or in the does not apply to "bodily injury." "property
G-179 -G99 Pacte 9 cf
(Ed, 10K)11)
i
208
G-1 7957-G99
(Ed. 10!01)
damage," or "personal and advertising injury" 4. Other Insurance
arising out of an architect's, engineer's, or b, Excess Insurance
surveyor's rendering of or failure to render any
professional services including: This insurance is excess over any other
a. The preparing, approving, or failing to prepare insurance naming the additional insured
or approve maps, shop drawings, opinions. as an insured whether primary, excess,
reports, surveys, field orders, change orders contingent or on any other basis unless a
or drawings and specifications;and written contract or written agreement
specifically requires that this insurance be
b, Supervisory,or inspection activities performed either primary or primary and
as part of any related architectural or noncontributing to the additional insured's
engineering activities. own coverage. This insurance is excess
over any other insurance to which the
C. As respects the coverage provided under this additional insured has been added as an
endorsement, SECTION IV — COMMERCIAL additional insured by endorsement.
GENERAL LIABILITY CONDITIONS are amended as
follows: When this insurance is excess, we will
have no duty under Coverages A or B to
1. The following is added to the Duties In The Event defend the additional insured against any
of occurrence,Offense,Claim or Suit Condition: "suit" if any other insurer has a duty to
e. An additions insured under this endorsement defend the additional insured against that
will as soon as practicable: "suit." If no other insurer defends, we will
undertake to do so,but we will be entitled
(1) Give written notice of an occurrence or an to the additional insured's rights against
offense to us which may result in a claim all those other insurers.
o,°suit"under this insurance;
When this insurance is excess over other
(2) Tender the defense and indemnity of any insurance, we will pay only our share of
claim or "suit" to us for a loss we cover the amount of the loss, if any, that
under this Coverage Part; exceeds the sum of:
(3) Tender the defense and indemnity of any (1) The total amount that all such other
claim or "suit" to any other insurer which insurance would pay for the loss in
also has insurance for a loss we cover the absence of this insurance;and
under this Coverage Part;and
(2) The total of all deductible and self-
(4) Agree to make available any other insured amounts under all that other
i rsurance which the additional insured insurance,
has for a loss we cover under this
Coverage Part. We will share the remaining loss; if any,
with any other insurance that is not
f. We have no duty to defend or indemnify an described in this Excess Insurance
additional insured under this endorsement provision and was not bought specifically
Until we receive written notice of a claim or to apply in excess of the Limits of
"suit"frcrn the additional insured. Insurance shown in the declarations of
2. Paragraph 4.b.of the Other Insurance Condition is this Coverage Part.
deleted and replaced with the following:
G-17957-G99 Page 2 of 2
Ld 10101
209
CNA (Ed,0G-18652-1 7109)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Cove-age afforded under this extension of coverage endorsement does not apply to any person or organization covered
as an additional insured on any other endorsement now or hereafter attached to this Coverage Part.
SCHEDULE
Coverages are summarized below, For particulars and limitations affecting each coverage, please refer to the
corresponding policy provisions in the body of this endorsement.
1. Miscellaneous Additional Insureds 13. Liberalization Clause
7 additional insured extensions, 14. Unintentional Failure To Disclose Hazards
2. Employees As Insureds—Health Care Services 115, Notice of Occurrence
1 Joint Ventures/Partnership/Limited Liability 16. Broad Knowledge of Occurrence
Companies
Coverage for your interest in such terminated or ended 17. Aggregate Limits Per Project
organizations. 18. Bodily Injury—Extension of Coverage
4. Expanded Personal And Advertising Injury 19, Expected Or Intended Injury
5. Medical Payments Reasonable force—bodily injury or property damage.
Limits increased to$15,000.
Reporting increased to three years from the 20. Wrap-Up Extension
date of accident, 21. Contractual Liability—Railroads
6, Legal Liability And Borrowed Equipment Expanded definition of"insured contract,"
Extended perils. 22, Blanket Waiver of Subrogation
Limit increased to$200,000 for Damage to Premises Waiver of subrogation where required by written
Rented To You contract or written agreement.
7. Non-owned Watercraft 23, In Rem Actions
Increased to 55 feet.
8, Non-owned Aircraft Coverage
9, Contractual Liability For Personal And Advertising
Injury
10. Supplementary Payments
Cost of Dail bonds increased to$2,500.
Daily loss of earnings increased to$1,000.
11, Liquor Liability Coverage Extension
12. Newly Formed Or Acquired Organizations
Coverage extended to the end of the policy period,
G-18652- includes(mpyrighted matoriat of Insursnce Smices Office,Inc,with i's F)PT-issiOn Page I of 8
(Ed 07109'1
210
G-18652-1
(Ed�O7N8)
1. MISCELLANEOUS ADDITIONAL INSUREDS b Controlling Interest
Section 11 Who Is An Insured is amended to include Any persons or organizations with a
' as an insured any person or organization (called controlling interest in you but only with
respect
additional insured) described in Paragraphs 2\o.
through 2.g. below whom you are required k` add ms (1) Their financial control mf you:ur
an additional insured on this policy under a written
contract or written agreement. Hvwevor, the written (2) Pnumiooe they mwn, maintain or
contract or written agreement must be: control while you |oamo or occupy in effect or becoming these premises.
1. Currently
during the term of this policy;and This insurance does not apply to
simdum{ a|Ussdiono^ new construction
2. Executed prior h the "bodily inju'y~"property and demolition operations performed by
damage" or "personal injury and advertising or for such additional insured.
injury,"but
u. Managers mr Lessors ofPremises
Only the following persons or organizations are
additional insureds under this endorsement and A manager or lessor of premises but on|y
coverage pmv|ded to such additional insureds v�� �spoo1kz liability arising ou� �� �he
limited aspmv|dedherein: mwnemhip, maintenance or use of that
specific port of the premises leased 8z
a. State or Governmental Agency or you and subject(o the following additional
Subdivision nrPolitical Subdivisions exclusions:
A miabo or governmental agency or This insurance does not apply to"
subdivision mr political subdivision subject
W the following provisions: (1) Any "occurrence" which takes place
after you cease 8n be a tenant in that
(1) This insurance applies only with premises;or
respect to the following hazards for
which the state or governmental (2) Structural o|0mnaUons, new
oOanuy or subdivision or political construction or demolition operations
subdivision has issued a permit or performed by or on behalf of such
authorization in connection with additional insured.
pnarniaeu you own, rent, or control d. Mortgagee,Assignee m/Receiver
and<o which this insurance applies:
A mortqagee, assignee or receiver but
(m) The existence, mainhenunoe, only with respect to their liability as
repair, oonstrun\ion, enaudsn, or mortgagee, assignee, or receiver and
removal of advertising signs, arising out of the ownenship,
awnings' canopies, cellar mmnnunoe, or use of m premises by
entrances, coal driveways,' ' you,
monholes, marqueoo, hoimtawmy
openings, sidewalk vaults, street This insurance does not apply to
bannoms, or decorations and structural alterations, new construction nr
similar exposures;or demolition operations performed by or for
such additional|nauned
(b) The cmnslmc(ion, mmc1iom, or
removal o4 elevators:or o. Owners/Other Interests — Land is
Leased
(2) This insurance applies only with
respect to operations performed by An owner or other Interest from whom
you or on your behalf for which the \und has been ioaooU by you but on|ywith
state or governmental agency or respect W |tpbiU|y anoh`g out of the
subdivision or political subdivision ownership, mainomnunoeor use of that
has issued a permit m/authorization. specific part af the land leased to you and
subject to the /o||mm|ng additional
This insurance does not apply N "bodily exclusions:
|nju0/.^ "property d ^ or "personal
and advertising injury" arising out of This insurance does not apply to:
operations performed for the federal (1) Any "occurrence" which takes p}aoe
government,stamenrmunicipality.
after you cease Vo lease that land or
G-18652-i /nmmeaounx,icifuexmafeuu/ofmsom ice Services office,/^:"w/m it's psITI/,'5iun, Page 2cd8
(Ed O7/U8}
211
G48652
(Ed,07109)
(2) Structural alterations, new required by written contract or written
construction or demolition operations egnaammt, we will consider any
other insurance maintained by ��e
performed by or on behalf of such eddidona\ insured for injury or
additional insured. damage covered by this endorsement
f. Co-owner o[Insured Premises to be oxcame and noncontributing
A co-owner oda pmxn}saso*owned by with this insurance,
you and covered under this insurance but 2. EMPLOYEES AS INSUREDS - HEALTH CARE
only with respect ho the co-owners liability SERVICES
aa co-owner of such Pmmisas� Paragraph 2.u-(I)(d) of Section U - Who Is An
9. Lessor nfEquipment Insured iodeleted.
Any person ororganization from whom 3. JOINT VENTURES / PARTNERSHIP / LIMITED
you lease equipment. Such person or LIABILITY COMPANY COVERAGE
organization are insureds only with A The fdknwingia added 10 Section {1-VVhn \sAm
respect to their 'i| arising m
D out a .
maintmrunoa, operation or use by you of Insured:
equipment !eased to you by such Penm» 4. you are an insured when you had an interest
or organization. A person's or in a joint vonbum, partnership or limited
organization's status asen insured under liability company which terminated or oncod
this endorsement ends when their written prior Uzorduring this policy period but only to
contract or written agreement with you to, the extent of your interest in such joint
such leased equipment onds� wmntum, partnership or limited liability
With respect to the insurance a0unjad company,This coverage does not apply:
these additional inaureds, the fdkmvimR a. Prior to the b»nnineUon date of any joint
additional exclusions apply: mantur*, pmtnemhip or limited liability
This insurance does not apply', company;or
(1) To any "occu,renue" which takes b, if there is ckho
r valid and collectible
place after the equipment lease insurance purchased specifically minsure
expires;or the partnership, joint venture or limited
(2) To"bodily ^"property damage," liability company.
or "personal and advertising "o"'' c. Toa joint venture, partnership or limited arising out of the sole negligence of liability company which isor was insured
such additional insured. um�. m "consolidated (wrap-up)
"
inyunanuapmgoxm
provided bz an additional insured Any insurance pm« "Consolidated (wrap-up) insurance program"
designated darParagraphs a'through Q'above
means oonyhmo8on, erection or demolition
^b« Y u ' cx "property dnoe nct apply to � �n�eoi for which the prime contractor/project
damago^ indudedwhhn |ho ~P«�u«�+�mP/�«m
manager or owner uf #mnondruo�onPm�d
operations
has secured gen era} liability insurance
�
As naspec(s the
- oovacm~ provided under this covering some or all of the contractors or
pmv\m)on` Paragraph 4.b.(1) of Section A - subcontractors involved in the project.
Comme'-ia| General Liability Conditions is otherwise referred hnaman OwnarConko||ed
deleted
mp|ouadv�(h�ke��\o«�ng� Insurance Program KlC],Pj or Contractor
-- Con�d\md |naumno»Pmgnam (C,C!Pl�
� �h��m��m�
13. The last paragraph of Section 11 - Who is An
=== b. Excess Insurance Insured is deleted ard replaced hy the foU»win9-
(1) This insurance{s excess over Except as provided in Paragraph 4, mh»«e no
Any other insurance naming the person o, organization is an insured with respect
additional insured as an insured to the conduct ofany current or past partnership,
---
whether excess, jcin(ventuneor|im�od |iabi|itycnmpany �ha\ �eno�
--- ' written Na�ed |nnumdin the Dnc|ardiuny
oronanyo�erb���un�osa ukcmvnexa
contract or written agreement
specifically requires that this
insurance be either primary or
~~-- phrnvry and noncontributing Where
G'18652'1 /noxmvoomvxnxmuwnm,io/o(mp,nmmSr,wm:ocfiu ,|uc,wuuimw,,�m*""� Pogo 3o|8
(Ed. U7/D8)
2}2
G-18652-1
(Ed,07,109)
4. EXPANDED PERSONAL AND ADVERTISING (1) $15,0K;or
INJURY
(3) The amount shown in the
A. Thekdkmvngisaddad(oSecbouV—Dnfinibons' Declarations for Medical Expense
the definition of"Personal and advertising {njury': Limit,
h. Discrimination or humiliation that neuu|Ca in & This provision 5. (Medical Payments) does out
injury Vu the feelings or reputation ofanatural apply If Section I — Coverage C Medical
person, but only if such discrimination or Payments io excluded either bythe previsions of
humiUaUonis� the Coverage Part orbyendorsement.
(1) Not done intentionally by or at the C. Paragraph 11,a,(3)(b)of SwctYmnl—CuvarageC—
di/eohon of: Medical Payments, is replaced by the following:
(u) The|numed�ux (b) The expenses are incurred and reported to us
within three yeas of the dmio of the auoident�
(b) Any 'executive officer,"ocmr" direcdirector,cr.
stockhstockholder,ukho �r. partner, member or and
manager (if you are o limited liability G. LEGAL LIABILITY AND BORROWED EQUIPMENT
company)of the insured;and A. Under Section I Coverage A — Bodily Injury
(J) Not directly ur indirectly related |uthe and Property Damage 3. Exclusions, Exclusion
employment, prospective employmam|, j.io replaced by the following.
past employment or termination of "Property damage"io�
employment of any person or persons by �
any insured, (1) Property you own, rent. oroccupy:
B. Exclusions cfSection |—C*vemge B—Persnns| (2) Premises you sa|i. give away or
and Advertising Injury Liability is amended 0m abandon, if the "property damage"
include the following: arises out of any pert of those
�
Disu�minmt|unRoVm0mgTo Room, Dvm�U premises;
Dwelling
or Premises (3) Property loaned Auyou;
Caused by discrimination directly urindirectly (4) Personal property in the rmnm,
related to the sale. rental, lease orsub-lease custody or control cf the insured:
or prospective sale. rental, lease or sub-lease (5) That particular part of num( property
of any n�nm dwelling'� ` on vvhio7 You or any contractors or
direction o[any insured. subcontractors working directly or
Fines C7rPenalties indirectly on your behalf are
performing operations, ��he"pmpeny
Fines or ponulUea levied or imposed by m '
damage" arises out of those
govemmentu| entity because of operations;or
discrimination.
(G) That particular pa of any pa �
Q. This nzv��m 4. (EXPANDED PERSONAL ANparticulpart mp �
that must he restored, repaired or
ADVERTISING INJURY COVERAGE) does -not 'v� .
om�
apply ifSmodon I—Coverage B —Personal because ^�m, work'
And inonnod|y performed on it.
Advertising Injury Liability is excluded either by
the provisions or the Coverage Part or by Paragraph (2) of this exclusion dues not
endorsement, apply if the premises are "your work" and
were never occupied, rented or held for
5 K��n|�/��p����NT�
' rental byyou.
A. Paragrapti 7. Medical Expense Limit,ofSection penmQrophu (1). (3) and ( ' of this
fit_ Limits sf Insurance i»deleted and replaced exclusion do not apply to:
by the fo||mm|ng:
(i) "property damage'hztools or
7, Subject to Paragraph 5. above (the Each equipment loaned to you if
Occurrence Limk). the Medical Expense Limit the tools nr equipment are
is the most wewill pay under Section — / — rot being used to perform
Coverage C for all medical expenses operations at the hma of
because of "bodily injury" sustained by any !nealor
one person,The Medical Expense Limit iuthe
greater of:
G-18G52-< includes copyrighted vmimwamm;urancL,Services Office./nc.wm Page 4o[8
(Ed O7/)9}
213
G-118652-1
(Ed.07/09)
(H) "Property damage" (other (H) That is property insurance
than damage by fire) to for premises rented to you or
premises rented to you or temporarily occupied by you
temporarily occupied by you with the permission of the
with the permission of the owner:or
owner, or to the contents of E, This provision 6, (LEGAL LIABILITY AND
premises rented to you for a BORROWED EQUIPMENT) does not appiy if
period of 7 or fewer Damage To Premises Rented To You Liability
consecutive days. A under Section I—Coverage A is excluded either
separate limit of insurance by the provisions of the Coverage Part or by
applies to Damage To endorsement.
Premises Rented To You as
described in Section III — 7, NON-OWNED WATERCRAFT
Limits Of Insurance. Under Section I — Coverage A, Exclusion 2.g.,
Parag,pphs (3), (4), (5) and (6) of this subparagraph (2) is deleted and replaced by the
exclusion do not apply to liabiiity following.
assumed under a sidetrack agreement. (2) A watercraft you do not own that is
Paragraph (6) of this exclusion does not (a) Less than 55 feet long-, and
apply to "property damage" included in
the products-completed operations (b) Not being used to carry persons
hazard.' or property for a charge.
B. Under Section I — Coverage A — Bodily Injury 8. NON-OWNED AIRCRAFT
and Property Damage the last paragraph of 2. Exclusion 2.g. of Section I -- Coverage A — Bodily
Exclusions is deleted and replaced by the Injury and Property Damage, does not apply to an
following. aircraft you do not own, provided that:
Exclusions c. through n. do not apply to damage 1. The pilot in command holds a currently
by fire to premises while rented to you or effective certificate issued by the duly
temporarily occupied by you with permission of constituted authority of the United States of
the owner or to the contents of premises rented to America or Canada, designating that person
you for a period of 7 or fewer consecutive days, as a commercial or airline transport pilot'.
A separate limit of insurance applies to this 2. It is rented with a trained,paid crew:and
Coverage as described in Section III — Limits Of
Insurance. 3. It does not transport persons or cargo for a
C. Paragraph 6. Damage To Premises Rented To charge.
You Limit of Section III--Limits Of Insurance is 9 CONTRACTUAL LIABILITY FOR PERSONAL AND
replaced by the following: ADVERTISING INJURY
biect to Paragraph 5. above, (the Each 6. So h Exclusion e. Contractual Liability of Section I
Occurrence Limit), the Damage To Promises Coverage B is deleted,
Rented To You Limit is the most Axe will pay
under Section—I—Coverage A for damages 10. SUPPLEMENTARY PAYMENTS
because of "property damage' to any one A. Under Section I — Supplementary Payments —
premises while rented to you or temporarily Coverages A and 8, Paragraph Il.b., the limit of
occupied by you with the permission of the $250 shown for the cost of bail bonds is replaced
owner, including contents of such premises by$2,500:
rented to you for a period of 7 or fewer he limit of$250 shown for daily
consecutive days, The Damage To Premises B. In Paragraph 1.d.,I
Rented To You Limit is the greater of: loss of earnings is replaced by$1,000
a. $200,000;or 11. LIQUOR LIABILITY
b. The Damage To Premises Rented To Exclusion c.of Section I—Coverage A is deleted.
You Limit shown in the Declarations 12. NEWLY FORMED OR ACQUIRED
D. Paragraph 4.b.(I)(a)(ii) of Section IV — ORGANIZATIONS
Commercial General Liability Conditions is Paragraph 3.a. of Section it — Who Is An insured is
deleted and replaced by the following: deleted and replaced by the following,
t its per V k io Page 5 of 8
w
G-18652-1
(Ed, 07!091
214
G-18852 |
(Ed.07!09)
Coverage under#���b�n ��n�do�until the u�� �o�n | - ���� C. which �n tie
end d the policy period or next anniversary m��of8him attributed only to ongoing operations at a single
pwcachva oa�a after acquire or form the construction project away from premises m*neu 8
organization,whichever isearlier. byor rented Vm the insured:
13. LIBERALIZATION CLAUSE 1. A sopo,aha 3inO|o Construction Project
General Aggregate Limit applies 0o each
If we adopt e change in our forms or rules which would construction project away from premises
broaden cove-age for contractors under this owned by or rented to the inounad, and that
endorsement w�thout an additional premium charge, limit is equal 0u the amount of the General
your po|icy will automatically provide the addihonu\ Aggregate Limit shown in the Declarations.
coverages as of the date the novinkm is o0eod»a in 2 The Single Construction Project General yoorsta\o. ' Aggregate Limit iothe most wewill pay for the
14. UNINTENTIONAL FAILURE TO DISCLOSE sum of all damages under Coverage &.
HAZARDS except damages because of "bodily injury" or
Based on our noUunoe on Your representations as to "property damage" included in the "products-
existing hazards, if should fail �o oump|ah*d operations hazard," and for
''
disclose all such hazards atthe inception dale Of Your medical expenses under Coverage C
policy,wavx\|| not deny coverage under this Coverage regardless nf the number ot
Part because of such failure. o. Insureds:
15. NOTICE OF OCCURRENCE b. Claims made or''ouits'bmughtor
The following is added to Paragraph 2.of Section [V- u. Persons or organizations makmg claims
Commercial Liability Conditions - Dudea or bringing^uuks.^
|n The Event of Occurrence,Offense,Claim o,Suit:
2. Any payments made under Coverage A for
Your rights under this Coverage part will not be damages or under Coverage C for medical
prejudiced if you fail to give us notice of an expenses shall reduce the Single
,,occurrence,"offense, claim or~sui['and that failure is Construction Project General Aggrogole Limit
solely due hs your reasonable belief that the "bodily for that construction project away from
injury" or "property damage" is not covered under this pmm(oos owned by or rented 10 the insured.
Coverage Part. However, you shall give written n»h»a Such payments shall not reduce the General
of this ^onnurnenco.~ offense, claim or ''ouh^ N »sas Aggregate Limit shown iniheDeu|a,adonsnor
soon as you are aware that this insurance may oPP|Y mhe|| they reduce any other Single
to such^ocou/vynce.^offense claim or^suh." Construction Project General Aggregate Limit
16 BROAD for any other separate construction pn�oct
' away from premises owned by or rented to
The following ia added (o Paragraph 2,of Section |V- 1heinsumd.
Commercial General Liability Conditions - Duties 4 The limits shown in the Declarations for Each
inTheEvmntofC`crurrenue.Offenme,C|oinmo'Swit: ' Occurrence, Damage ToPremises Rented To
You must give vs or our authorized representative You and Medical Expense continue to apply.
notice c4an ^occu/nonce.^ offense, u|a|m. or^suiro»|y Mowewar, instead of being subject to the
when the ^000urnenoa.^ oKenoe, claim or ^yuk^ is General Aggregate Limit shown in t**
known to: Declarations, such limits will be subject on me
(1) You, applicable Single
Li Construction Project
' General*ggmgam mu.
(2) Apariner. if You are»partnership: B� For all sums which the insured becomes kegmUY
(3) Aooxmcuti ve officer the employee obligated to pay as damages caused by
designated by you to give such ^occurmnoos^under Section |-Coverage A. and
noWne. U you are u corporation:n, for all modice\ expenses caused by accidents
tinder Section I - Cnvomgo C` which cannot be
(4} � meoage�. if you are a limited oU/ibuWadonly 8o ongoing operations at u single
liability company. construction project away from premises owned
17. AGGREGATE LIMITS PER PROJECT bynrrented to the insunad�
A. For all sums which tie insured becomes legally 1. Any payments made under Coverage A for
mb||ya\ed to puy as damages caused by damages or under Coverage C for medico!
^ocourrunons'under Section y-Coverage A, and expenses shall reduce the amount avai|ab|e
for aU moUioo| expenses caused by accidents under the Ganmm| Aggrega&a Limit or tr�e
G-1 8652- x`u"u",00pxnooua'^av°/a/m Insurance ae".czy Office./na,wm//Lspem`/ss`uo Page 6ofG
(Ed 07/0B)
215
G-186S2-1
(Ed.07/09)
Products-Completed UpamUono Aggregate Controlled Insurance P (O.C1PJ or
Limit,whichever is applicable;and
Contractor Controlled Insurance Programs
2` Such payments shall not nmduoo any Single (C'C]�pj is attached to this policy, then it is
Construction Project General Aggregate Limit, amended 1a add the following:
C. When coverage for liability arising out of the With respect to a "consolidated (wrap-up)
°pmduds-oomp|ated operations hazard" Is insurance program" project in which you are or
provided, any payments for damages because of were involved,this exclusion does not apply to�
"bodily i or "property damage" mn|udod in 1. Your liability for "bodily injury," "property
/Uo 'products-completed operations hazard" will oamuqa.~ or "personal or advertising injury"
reduce the Products-Completed Operations that occurs during your ongoing operations et
Aggregate Omit, and not reduce the General the pnoject, or during such operations of
Aggregate Limit nor the Single Construction anyone acting on your behalf;
Project General Aggregate Limit,
2. Your liability for "bodily injury" cr "property
D. If e single construction project away from damage" inc)uded within the "products-
premises owned byo, rented 10 the insured has completed operations hazard" that arises out
been abandoned and then moierted, or if the of those portions ofthe project that are not
authorized contracting parties deviate from plans, "residential structures."
b(uaphn(x, deoiqno, specifications or timetables,
the project will still be deemed to be the same B. The hd|mming is added to Paragraph 4.b.(I) of
construction project. Section IV-Commercial General Liability
Conditions
E. The provisions of Section U| - Limits Of
This insurance is excess over:
Insurance not otherwise modified by this
endorsement shall onn8 im | stipulated,
nue npp�ao (c) Any of the other insurance whether
% EXPANDED BODILY INJURY pnmeg\ exceus, contingent or any other
basis that is insurance available to you em
S*o0ww V - Definitions, the definition of "bodily o result cxyour being a participant in a
injury"is changed Vzread- consolidated insurance
,Bodi|y injury"means bodily injury,sickness ordiuoaoe program," but only as respects your
involvement in that "unnoo||dated (wrap-
sustained by a person, including humiliation, up insumnmepn�mnn.^
mental m�n / ar an or mental :V that �
at any 'time which results as a consequence of the C. The following is added to 5eoUun V -
bodily injury,sickness ordisease, Definitions:
19. EXPECTED QR INTENDED INJURY "Consolidated (wrap-up) insurance program"
means a construction, rection or demolition Exclusion a. of Section | - Coverage A - Bodily project for which the prime phme nonirmdorlpnojoo(
Injury and Property Damage Liability isreplaced by mmnoge' ~' ~—'-' of the construction project
the hollowing',
secured general liability insurance covering some
m. 'Bodily injury' or 'property damage" or all of the contractors or subcontractors involved
A
expected orintended from 'thostandpnint in the project, otherwise referred to as an Owner
- of the insured. This exclusion does not Controlled inmumnue Program (O,C |.P ) or
apply to 'bodily injury" or 'property Contractor Con|no!|aU Insurance Program
damage" resulting from the use of (C�1Pl
emsonab|m force to protect persons or "Residential
PmPeny, 30% u,more of the square km/ area is used or is
20. OWNER CONTROLLED INSURANCE PROGRAM, intended k/be used for human residency induding
CONTRACTOR CONTROLLED INSURANCE but not limited to single or multifamily hous|ng.
PROGRAM OR CONSOLIDATED (WRAP-UP) npartmen(w, condominiums, townhouses, co-
INSURANCE PROGRANYG operatives orplanned unit developments arid also
=~=
includes their common umae and/or appurtenant
The endorsement EXCLUSION - CONSTRUCTION structures (including pools, hot tubs, detached
WRAP-UP PROGRAM which is attached to this policy�--�-� garages, guest houses or any similar structures),
deoaokd�ws: When there is no individual ownership of units,iaamen
A. If the endomoment EXCLUSION - residential m|mouva does not incude military
CONSTRUCT/ON WRAP-UP or another housing, college/university housing ordormitories,
exclusionary endorsement pertaining to Owner long $onn care facilities' noie!s, or motels.
G-18652'! muuu,snupianwtemmaux/o|ox/naurame'S4�wu*some |rc-.with i�Permission, Page of
(Ej.O7/U9)
216
[ND652
(Ed- 070S)
Residential structure a|ao doom riot include surveys, field orders, change
houpda|surpdaonu, orders ' or drawings and
2l. CONTRACTUAL LIABILITY-RAILROADS specifications,-or
With respect az operations performed within 5O feet of (b) Giving directions or instructions,
railroad property, the definition of"insured onntnao[ in or failing to give them, if that is
Section V-Definitions iu replaced by the following: the primary cause o/the injury or
"Insured Contract"means: dam-age:
� (2) Under which the inaunod, if an
a. A contract for a lease of premises, amhiAa�ct, engineer or uumoyor.
However,that portion of the contract for a assumes liability for an injury or
lease of premises that indemnifies any damage arising out of the ineunad's
person or organization for damage by fire rendering or failure to re rider
to premises while rented N you or professional services. including those
temporarily occupied by you with listed in (1) above and supervisory,
permission af the owner ia not un "insured inspochun, oochiiec\um| or
contract"; engineering activities.
b. A sidetrack agreement; 22. BLANKET WAIVER OF8DBGROG43lON
n. Any easement or license agreement, The Transfer 0f Rights Of Recovery Against Others
d. An obligation, as required by ordinance, To Wm Condition (Section /V- Gonmerdai General
Liability Conditions) is amended by the addition of indemnify municipality, except in
the following:
�
connection with
e' �n�}eve�errnainhanenoe agreement, We waive any right of naruwery we may have against
' any person or organization because of payments we
t That part of any other contract or make for injury or damage arising out of:
agreement pertaining to your business 1 Your ongoing
(including an indemnification of a ' '
municipality in connection with vuxk 2. "Your work" included in the "products-
performed for municipality) under which completed operations hmzar6.^
you assume the tort liability of another
— Hm*ov*r' this waiver applies on|y wh en you have a
damage"<oa third person oro�mnoatkon Qnoedinmv|dnQ|owmivasuohr|yh1mufmooveryino
Tort liability means a |�bi(�` - mmu|- contract or agreement, and only if the contract or
be imposed by law in the absence of any agreement:
contract oragreement, 1. Is in effect or becomes effective during the
Paragraph t does not include that part cf term of this poUry�and
any contract oragreement: 2. Was executed prior\*/osm,
(1) That indemnities an architect, 23. AN REM ACTIONS
engineer or surveyor for injury or
damage arising out of: Any action m rem againsi any vessel owned, operated
byorfor, or chartered by or for you w/U be treated in
(o) Poapadn0, approving or failing m the name manner as though the action were in
prepare or approve mapm, shop panmnam against you,
Ucowings, opinions, naports.
G`18862-| muvneumvynghtemnwt(Ioaln/Insurance aorv/uvsonc.e,|nc..wm,itnp=niasio^. Page 8 rd8
(Ed, 07/09)
217
EXHIBIT C
C
Cz*
ty f Moararotr-
N 11'
April 6, 2012
RE: 161 Second Street, Moorpark, CA 93021 - Demolition
Site Walk: April 11, 2012 at 10:30 a.m. (not mandatory, strongly recommended)
Proposals due by: April 19, 2012, 5:00 p.m.
PROPOSAL
Contractor to:
1 Remove asbestos in accordance with attached asbestos report,
Recommendations on pages 4-5.
2. Demolish and remove all structures, foundations, trash, debris, landscaping,
shrubs, organic material, large boulders, bricks, blocks, and miscellaneous abandoned items
inside of the property line at 161 Second Street. Trim trees located within and that extend into
the property at the property line. All perimeter fencing and large trees inside the property line
are to REMAIN.
3. Remove all underground electrical conduits, gas lines, waterlines, sewer lines,
irrigation lines, and associated lines and all other underground utilities and cap off same two
(2) feet from the Property line. Capped sewer utility should also be brought to grade. Prior to
commencing any demolition work, the Contractor shall contact "Dig Alert" and all
serving utilities and make all arrangements necessary to insure that all utilities are
properly located, removed and capped at the property line, as required. All necessary
fees, permits and requirements of the serving utilities and authorities having jurisdiction will be
secured and paid for by the contractor, contractor will coordinate all utility disconnections and
removals necessary to proceed with the work in a timely manner. City Staff can provide a
listing of affected utilities upon request.
Contractor responsibilities:
1. Contractor is responsible for procuring all permits for this work including those needed
from the City of Moorpark Planning Department, Building and Safety Office, City Engineering, and
Ventura County Air Pollution Control District.
2. The City of Moorpark has adopted a Construction and Demolition (C&D) ordinance
requiring all demolition projects, regardless of cost; to divert a minimum of 65% of material
generated during the project from disposal in a landfill (through reuse or recycling). The City has
created a Construction and Demolition Materials Management Plan (C&DMMP) form to assist
JANICE S. PARVIN KEITH F MILLHOUSE ROSEANN MIKOS, Ph.D. DAVID POLLOCK MARK VAN DAM
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
218
Informal Bid — 161 Second Street
April 6, 2012
Page 2
applicants to meet these diversion requirements. You will be required to submit a Diversion
Security Deposit of 3% of the project valuation to the City to ensure compliance with the
ordinance. The deposit will be returned upon verification that you met the 65% diversion
requirement. Also, a one time fee for staff time associated with processing your C&D plan will be
charged. You have two options to meet this requirement. You may use one of the City's
franchised haulers (Waste Management or Moorpark Rubbish Disposal, dependent upon the
location of the project) who can provide temporary bins and will dispose of your waste at a city
authorized facility. Or you may self-haul your waste to a city authorized certified C&D processing
facility. If you self- haul your waste you must use proper hauling vehicles and bins owned by
your company and those vehicles must be driven by Your employees. Please remember that
because this project is a prevailing wage project, the driver of the self-haul vehicle will need to be
paid a prevailing wage rate for driving the C&D materials to the authorized facility. You will need
to submit itemized weigh tickets from each facility documenting your C&D recycling and
disposal that indicates the weight and type of material recycled or disposed. These weigh
tickets will need to be turned in to the Solid Waste Division and verified prior to final payment
release for the job and refund of your C&D diversion security deposit. If diversion requirements
are not met, the City will retain the deposit. Please contact the Solid Waste Division at 805-517-
6241 with questions about the C&D ordinance or about how to obtain the forms and
documentation requirements.
3. Verify that areas to remain unaltered adjacent to areas of demolition, alteration or
cutting are completely secured and properly barricaded to ensure separation of such
operations with anybody other than who is authorized to be in construction area before
beginning such work. Provide barricades and maintenance thereof, in accordance with
applicable Federal, State and local codes and their respective requirements. Install temporary
barricades, enclosures and protections before demolition work is started.
4. Contractor is responsible for provision of water to the site, whether it is through
the use of a water meter on a hydrant, a watering truck, or other method. The City of Moorpark
falls within Ventura County Waterworks District No. 1, (805) 378-3000 and water meters can
be procured through them.
5. Contractor will be required to provide Payment and Performance bond in the
amount of 100% of the bid price. Bond form can be provided by the City's representative upon
request.
6. During demolition, take all precautions necessary to mitigate blowing dust and
dirt. Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt
migration. This is particularly important at both sites, due to close proximity to residential
homes. Contractor must comply with governing regulations and Ventura County Air Pollution
Control District pertaining to environmental protection. Do not use water when it may create
hazardous or objectionable conditions such as flooding and pollution. Do not allow demolished
219
Informal Bid — 161 Second Street
April 6, 2012
Page 3
material to accumulate on site, have debris hauled off at regular intervals using appropriate
City franchise waste hauler. (See requirements within item 2.)
7. Perform demolition exercising proper care to prevent injury to the public,
workmen and adjoining property. Repair or replace existing work scheduled to remain, which is
damaged by these operations. Return elements of construction and surfaces to remain to
existing condition prior to start of operations. Repair adjacent construction or surfaces soiled or
damaged by demolition work.
8. Limit demolition operations to the immediate property on which the work is to be
performed, do not infringe upon the adjoining roads or rights-of-way. Keep all access routes
and adjoining roads and rights-of-way clean at all times. The tracking of mud, dirt or any other
debris onto the adjacent and surrounding roads will not be permitted at any time. If there is
debris tracked onto roads, at no time will the use of water be an acceptable clean-up method.
9. Limit noise to a reasonable level as related to specific items of equipment used
and their hours of use. This does not preclude use of mechanical equipment, i.e. jack
hammers, heavy equipment.
10. Burning of rubbish at the site is not allowed.
11. Site and surrounding areas to be left clean and free of any demolition debris or
other unsuitable materials.
12. Except as otherwise specified, in the event the contractor encounters on the
project site material reasonably believed to be Asbestos, Polychlorinated biphenyl (PCB) or
other hazardous materials which have not been rendered harmless by Contractors remediation
efforts as required by this proposal, Contractor shall immediately stop work in the affected area
and report the condition to the City's Representative in writing.
13. Submit schedule for approval by the City's Representative indicating proposed
methods and sequence of operations for demolition work. Include coordination for shutoff,
capping and continuation of utility services as required, together with details for dust and noise
control protection. Provide detailed sequence of demolition and removal operations.
14. Contractor will provide a competent English-speaking Superintendent to oversee
the complete project. The Superintendent shall be present at all times work is being performed.
The Superintendent shall have the authority to bind Contractor through Superintendents acts.
The Superintendent shall represent the Contractor; communications given to the
Superintendent shall be binding on the Contractor.
15. Contractor will be responsible for the security of the site. Contractor shall be
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April 6, 2012
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responsible for all damages to persons or property that occur as a result of its fault or
negligence in the performance of this contract and shall be responsible for the protection of the
project site until final acceptance by the City. Contractor shall take all necessary precautions
for the safety of workers on the project and shall comply with all applicable federal, state, local
and other safety laws, standards, orders, rules, regulations, and building codes to prevent
accidents or injury to persons on, about, or adjacent to the premises where work is being
performed and to provide a safe and healthful place of employment.
16. It is Contractor's responsibility to comply with all applicable storm water and
urban runoff permits, regulations, codes or laws. If there are questions, Contractor may contact
the NPDES Coordinator in the Public Works Department at 805-517-6257.
THIS IS A PREVAILING WAGE PROJECT AND ALL PROPOSALS SHOULD BE BID AS
SUCH. CONTRACTOR IS REQUIRED TO SUBMIT CERTIFIED PAYROLL AND COMPLY
WITH ALL APPRENTICESHIP REQUIREMENTS AS OUTLINED IN LABOR CODE
SECTIONS 1720 et seq. and 1770 et seq. and 1777 et seq. ANY VIOLATIONS OF LC
SECTION 1770 WILL FORFEIT A $50/DAY/WORKER FINE FOR ALL WORKER'S PAID
LESS THAN THE PREVAILING WAGE RATE.
By submitting this proposal, Contractor agrees to sign the City's standard contract and to
provide the insurance required by the contract. A copy of the Standard Agreement and
Insurance Requirements is attached to this proposal. Contractors are encouraged to speak
with their insurance companies regarding the required insurance to ensure that they can meet
them.
Questions regarding this Request for Proposals can be directed to the City's representative:
Jessica Sandifer, Management Analyst
City of Moorpark, 799 Moorpark Avenue, Moorpark, CA
805-517-6225 or jsandifer@ci.moorpark.ea.us
Attachments:
A— City Standard Agreement and Insurance Requirements
B —Asbestos Report
C — Site Plan
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April 11, 2012
ADDENDUM NO. 1
for
161 Second Street Demolition Project
NOTICE IS HEREBY GIVEN to all bidders and plan holders that the plans and specifications for
the demolition of the above described project are hereby amended as follows:
Changes that affect the demolition project:
1. Contractor to demo four foot fence in the middle of the property, currently marked to remain
on the property line. This item is now marked to REMOVE.
2. Contractor Responsibilities amended to read:
Contractor required to provide Payment and Performance bond in the amount of 100%
of the bid price. Bond form can be provided by the City's representative upon request.
This addendum shall be made part of the above referenced project. Full compensation for all work
and requirements of this addendum shall be considered as included in the appropriate price bid
and no additional compensation will be allowed therefore.
Jessica Sandifer, Management Analyst
Questions regarding this addendum may be directed to the Agency's Project Representative
Jessica Sandifer, Management Analyst at (805) 517-6225 Fax (805) 532-2530 or
jsczepan @ci.moorpark.ca.us.
RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED. PLEASE FAX A SIGNED
COPY OF THIS PAGE TO JESSICA SANDIFER AT(805) 532-2530.
Company Name:_
Authorized Representative:
Signature of Authorized Representative:
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