1 CITY OF FORT BRAGG
416 N. Franklin Street Fort Bragg, CA 95437
CONSTRUCTION SERVICES AGREEMENT
FOR PROJECTS $5,000-$45,000
INFORMAL BIDS
MEN’S LOCKER ROOM REHABILITATION
AT THE C.V. STARR COMMUNITY CENTER
DATE: January 25, 2022
1. IDENTIFICATION OF CONTRACTOR.
CASH CARPET SERVICE, INC.
2231 East Hill Road
Willits, CA 95490
[email protected]
(707) 459-1957
LICENSE NO: 1047151 DIR REGISTRATION NO: 1000062729
2. SCOPE OF WORK. Contractor is to perform the work as set forth in the Scope of Work attached as Exhibit A (the “Work”), the terms of which are incorporated herein except to the extent they are inconsistent with the terms of this Agreement.
3. COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement is Thirty-one Thousand Nine Hundred Twenty-six Dollars and Sixty Cents ($31,926.60), to be paid as (check one) (1) lump sum; (2) lump sum with progress payments; (3) per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $__________. All payments (check one): shall shall not be subject to a five percent (5%) retention.
4. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence the Work upon notification from the City to proceed. The Work will be completed by April 30, 2022.
4.01 Liquidated Damage Amounts.
As liquidated damages for delay Contractor shall pay City Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.
As liquidated damages for delay Contractor shall pay City Five Hundred dollars ($500.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.
4.02 Scope of Liquidated Damages
Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by City because of a delay in completion of all or any part of the Work. Contractor and City agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by City, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.
Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages 2 suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. City may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.
5. TERMS AND CONDITIONS.
5.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments. Contractor has read, negotiated and expressly accepts all terms on the attached.
A. Exhibit A – Scope of Work and Price
B. Exhibit B – General Terms and Conditions
C. Exhibit C – Insurance
D. Exhibit D – Claims Procedure
E. Exhibit E – Construction Performance Bond
F. Exhibit F – Construction Labor and Materials Payment Bond
5.02 Changes made to printed Terms and Conditions on this Agreement are null and void unless approved in writing by City’s counsel and the undersigned representative of the City of Fort Bragg. Any subsequent modifications to this Agreement must be approved in writing by all parties.
5.03 Contractor will send invoices to City of Fort Bragg, 416 N. Franklin Street Fort Bragg, CA 95437, Attention:
Sandy Arellano, Public Works Project Analyst, immediately upon performance of Work agreed to herein.
CONTRACTOR: CASH CARPET SERVICE, INC. CITY: City of Fort Bragg _____________________________________________ ____________________________________________ Signature Signature
____Lanae R. Cash, Treasurer____________________ David Spaur, City Manager Print Name & Title Print Name & Title
_____________________________________________ ____________________________________________ Date Date
Estimate
Date
9/30/2021
Estimate #
53 Name / Address
CV Starr Aquatic Center
300 S. Lincoln
Fort Bragg, CA 95437
Cash Carpet Service, Inc
2231 East Hill Rd.
CA 95490
Project
Mens Locker Room
Total
(707)459-1957
license # 1047151
dir # 1000062729
Description Qty Rate Total
Demo existing epoxy including shot blasting to prepare concrete for new flooring. 1,534 8.40 12,885.60 Moisture Testing 4 sqft 350.00 1,400.00
sqft Apply Ardex MC Rapid Vapor Emission Control system with concrete topping and non skid finish
1,534 11.50 17,641.00
$31,926.60
EXHIBIT A
4 EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. TERMS OF PERFORMANCE
1.01 Force and Effect. This Agreement shall control over all inconsistent provisions in any proposal. The provisions of this Agreement (and any attachments) constitute the entire agreement between the Contractor and City regarding the Work described herein. No representation, term or covenant not expressly specified in this Agreement shall, whether oral or written, be a part of this Agreement. No modification of this Agreement shall be effective unless it is in writing.
This Agreement shall govern the Work described herein (whenever performed), and shall supersede all other prior Agreements between Contractor and City with respect to the Work described herein. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. The headings in this Agreement are for convenience only and do not affect the construction of this Agreement.
1.02 No Modification or Waiver. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of City and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents.
1.03 Performance of Work/No Assignment. Time is of the essence in the performance of the Work. Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by City, and with applicable laws, codes, and all applicable industry standards. Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of this Agreement. Contractor shall not contract any portion of the Work or otherwise assign this Agreement without prior written approval of City. (Contractor shall remain responsible for compliance with all terms of this Agreement, regardless of the terms of any such assignment.) The Contractor shall permit City (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any City representative, or certification by any governmental entity, shall in no way limit Contractor’s obligations under this Agreement. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. City shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of this Agreement.
2. LEGAL AND MISCELLANEOUS
2.01 Business License and Other Licenses/Permits. Before the City will issue a notice to proceed with the Services, Contractor and any subcontractors must acquire, at their expense, a business license from City in accordance with Chapter 5.04 of the Fort Bragg Municipal Code. Such licenses must be kept valid throughout the Agreement term.
Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
2.02 Records and Payment Requests. Contractor shall submit all billings to City with all necessary invoices or other appropriate evidence of proper performance. Contractor shall permit City to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of this Agreement shall have the same rights conferred to City by this section. Such rights shall be specifically enforceable.
2.03 Independent Contractor. Contractor is an independent Contractor and does not act as City’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that City provides to City employees, including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within this Agreement regarding direction apply to and concern the result of the Contractor’s provision of Work, not the means, methods, or scheduling of the Contractor’s work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under this Agreement. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in this Agreement as City’s responsibility.
2.04 Indemnity/Liability. Contractor shall defend (with counsel reasonably acceptable to City), indemnify and save harmless, to the fullest extent permitted by law, the City and all of its officers, directors, representatives, agents and employees, against all loss, cost, damage expense and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing this 5 Agreement. Notwithstanding any provision of this Agreement, City shall not be liable to Contractor or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with this Agreement or the Work. City’s rights and remedies, whether under this Agreement or other applicable law, shall be cumulative and not subject to limitation.
2.05 Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all requirements of this Agreement, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects.
Contractor hereby grants to City for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to City and in accordance with City’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so, Contractor shall pay all of the City’s resulting claims, costs, losses and damages. Where Contractor fails to correct Defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law.
2.06 Compliance with Laws; Conflict of Interests; Confidentiality. Contractor agrees to comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Agreement to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained to solicit or obtain this Agreement upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement, will be kept confidential and not be disclosed to any other person (except as necessary to perform the Work). Contractor will immediately notify City in writing if it is requested to disclose any such information. These confidentiality provisions and limitations shall remain fully effective indefinitely after completion of the Work or termination of this Agreement.
2.07 Labor Compliance Monitoring and Enforcement. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations pursuant to Labor Code Section 1771.4. Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, in the following manner: 1) at least monthly; or 2) in a format prescribed by the Labor Commissioner. [Does not apply to projects of $1000 or less, see Lab. Code 1771.]
2.08 Job Site Notices. Contractor shall post job site notices as prescribed by regulation.
2.09 Contractor Registration Program. Contractor acknowledges that it shall at all times remain registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
2.10 Termination; Suspension; Disputes. City may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as City may determine in its sole discretion. City will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault.
City will compensate Contractor for extra costs resulting from such directives only to the extent that City issues such directives for its convenience and not due to Contractor’s fault (but City shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for City’s convenience.) Contractor shall continue its work throughout the course of any dispute, and Contractor’s failure to continue work during a dispute shall be a material breach of this Agreement. All claims by Contractor against City shall be submitted in writing to City, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days.
2.11 Execution; Venue; Limitations. This Agreement shall be deemed to have been executed in the City of Fort Bragg, California. Enforcement of this Agreement shall be governed by the laws of the State of California, excluding its conflict of laws rules. The exclusive venue for all litigation arising from or relating to this Agreement shall be in Fort Bragg, California. Except as expressly provided in this Agreement, nothing in this Agreement shall operate to confer rights or benefits on persons or entities not party to this Agreement. As between the parties to this Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.
2.12 Employee Wages; Records; Apprentices. Contractor shall pay prevailing wages to its employees on any Agreement in excess of $1,000.00 (one thousand dollars). Copies of the prevailing rate of per diem wages are on file 6 at City’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subcontractors shall keep and maintain accurate payroll records of employees working in relation to this Agreement, and certify these records upon request, pursuant to Labor Code Section 1776. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to this Agreement. If this contract exceeds $2,000.00 (two thousand dollars) and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.
2.13 Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered with the Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.
2.14 Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of this Agreement.
2.15 Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.
A. If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide a construction performance bond in form attached hereto as Exhibit E – Construction Performance Bond, and a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Exhibit F – Construction Labor and Materials Payment Bond. Contractor may not substitute cash in lieu of the required bond(s).
B. If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).
2.16 [Section Removed.]
2.17 Skilled and Trained Workforce. Contractor acknowledges and agrees that it shall comply with the requirements of California Public Contracts Code sections 2600 et seq., in its entirety and, in particular, those sections related to Skilled and Trained Workforce. By its execution of this agreement Contractor certifies and warrants that it is aware of the requirement of California Public Contracts Code section 2600 et seq. and its requirements as to a Skilled and Trained Workforce.
7 EXHIBIT C
INSURANCE
1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than $4,000,000 general aggregate and $2,000,000 each occurrence, subject to a deductible of not more than $1,000 payable by Contractor.
2. Business Automobile Liability Insurance with limits not less than $1,000,000 each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than $1,000 payable by Contractor.
3. Workers’ Compensation Employers’ Liability limits not less than $1,000,000 each accident, $1,000,000 per disease and $1,000,000 aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Fort Bragg, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of Self-Insurance, State of California.
4. [SECTION REMOVED.]
5. [SECTION REMOVED.]
6. Insurance policies shall contain an endorsement containing the following terms:
6.01 The City of Fort Bragg, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.
6.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.
6.03 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.
7. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation.
8. All policies of insurance shall be placed with insurers acceptable to City. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A.
M. Best Company rating of A-,VII or better. Required minimum amounts of insurance may be increased should conditions of Work, in opinion of City, warrant such increase. Contractor shall increase required insurance amounts upon direction by City.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
12/13/2021
Orr & Associates Insurance Services
28780 Single Oak Dr
Ste 255
Temecula CA 92590
Certificates 951-506-5859 800-474-3003 [email protected] License#: 0E63493 U.S. Specialty Insurance Compa 29599 CASHCAR-03 Nationwide Mutual Insurance Co 23787 Cash Carpet Service Inc
2231 East Hill Road
Willits CA 95490
Falls Lake Fire & Casualty Co. 15884 1270061033 2
A X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X
Y Y U21AC109727-03 12/12/2021 12/12/2022
2,000,000
B 1,000,000 X
X X
ACPBA3038926141 8/26/2021 8/26/2022
A X 1,000,000 X
U21AC109727-03 12/12/2021 12/12/2022
1,000,000
C FLA010297-03 11/5/2021 11/5/2022
X
1,000,000 1,000,000 1,000,000
Certificate is subject to policy limits, conditions and exclusions.
City of Fort Bragg is named as Additional Insured as per attached endorsement form(s).
RE: CV Starr Aquatic Center
300 S. Lincoln St.
Fort Bragg, CA 95437
City of Fort Bragg
416 N. Franklin St.
Fort Bragg CA 95437
POLICY NUMBER: U21AC109727-03 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
Any person or organization for whom you are performing
operations during the policy period when you and such
person or organization have agreed in writing in a contract or agreement that such person or organization be added
as an additional insured on your policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
POLICY NUMBER: U21AC109727-03 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location And Description Of Completed
Operations
Any person or organization, when you and such parties
have agreed in writing in a contract or agreement
pertaining to “your work” performed during the policy
period. This additional insured coverage does not apply to “excluded residential construction". "Excluded
residential construction" means:
a) the ground-up construction of any building
whose units will be individually owned and
titled; and,
b) “your work” performed on the conversion of any
building into a condominium or townhome.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "productscompleted operations hazard".
POLICY NUMBER: U21AC109727-03 COMMERCIAL GENERAL LIABILITY HCS 040 06 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
HCS 040 06 10 13 Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
PRIMARY AND NONCONTRIBUTORY AND BLANKET
WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. PRIMARY AND NON-CONTRIBUTORY TO
OTHER INSURANCE
With respect to any person or organization that is
an additional insured under this Coverage Part,
the following is added to paragraph 4. of
SECTION IV – COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If you have agreed in writing in a contract or
agreement that this insurance is primary and noncontributory relative to an additional insured’s own insurance, then this insurance is primary and we
will not seek contribution from that other
insurance. For the purpose of this endorsement,
the additional insured’s own insurance means
insurance on which the additional insured is a
Named Insured.
When this endorsement is attached to the policy it
supersedes all other insurance conditions within.
B. WAIVER OF SUBROGATION – BLANKET
Under SECTION IV – COMMERCIAL GENERAL
LIABILITY CONDITIONS, The Transfer Of
Rights Of Recovery Against Others To Us
Condition is amended by the addition of the
following:
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising
out of:
a. Your ongoing operations; or
b. “Your work” included in the “productscompleted operations hazard”.
However, this waiver applies only when you have
agreed in writing to waive such rights of recovery
in a contract or agreement, and only if the contract
or agreement:
a. Is in effect or becomes effective during the
term of this policy; and
b. Was executed prior to loss.
8 EXHIBIT D
CLAIMS PROCEDURE
SUMMARY OF PUBLIC CONTRACT CODE § 9204
The following procedure will apply to any claims by the Contractor on the City:
A “claim” is a separate demand on the City by a contractor on a public works project and sent by registered mail or certified mail with return receipt requested, for one or more of the following:
• A time extension, including relief from penalties for delay • Payment by the City of money damages under the terms of the contract • Payment of an amount that is disputed by the City
Initial Review
The claim must be supported by appropriate documentation. The City has 45 days within which to review the claim and provide the contractor with a written statement identifying the disputed and undisputed portions of the claim. If the City does not issue a written statement, the claim is deemed rejected in its entirety. The City will pay any undisputed portion of the claim within 60 days of issuing the statement.
Meet & Confer
If the contractor disputes the City’s written response, or if the City does not issue one, the contractor may request in writing an informal conference to meet and confer for possible settlement of the claim. The City will schedule the meet and confer conference within 30 days of this request and provide a written statement identifying the remaining disputed and undisputed portions of the claim within 10 business days of the meet and confer. The City will pay the undisputed portion within 60 days of issuing this statement.
Mediation
With respect to any disputed portion remaining after the meet and confer, the City and contractor will submit the matter to nonbinding mediation, agree to a mediator within 10 business days after issuing the written statement, and share mediation costs equally. If mediation is unsuccessful, then the terms of the public works agreement and applicable law will govern resolution of the dispute.
Miscellaneous Provisions
Amounts not paid by the City in a timely manner bear interest at 7% per annum. Subcontractors may submit claims via this procedure through the general contractor. The City and contractor may waive the requirement to mediate, but cannot otherwise waive these claim procedures.