© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
ACORD 25 (2016/03)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
HIRED
AUTOS ONLY NON-OWNED
AUTOS ONLY AUTOS
AUTOS ONLY
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$
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.
INSD
ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
Acct#: 2525969 6/5/2023 USI Insurance Services, LLC 844-290-4908 2502 N Rocky Point Drive Tampa, FL 33607 [email protected] Ace American Insurance Co. 22667 Barrett Business Services, Inc. L/C/F PACIFIC POLYMERS, INC. DBA: AMERICAN FOAM EXPERTS 11500 TWIN CITIES RD GALT, CA 95632 A X C51257455 9/1/2022 9/1/2023
X
2,000,000 2,000,000 2,000,000 Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract City Of Pacifica 540 Crespi Drive Pacifica, CA 94044 Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number
Policy Number
Symbol: WLR Number:
Policy Period
TO
Effective Date of Endorsement
Issued By (Name of the Insurance Company)
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item
3.A. of the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization:
( ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations:
3. Premium:
The premium charge for this endorsement shall be percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Minimum Premium:
_______________________________________
Authorized Agent
WC 90 03 75 (05/18)
ALL CALIFORNIA OPERATIONS
1.0 $0
Barrett Business Services, Inc. L/C/F PACIFIC POLYMERS, INC. DBA: AMERICAN FOAM EXPERTS 11500 TWIN CITIES RD GALT, CA 95632 C51257455 9/1/2022 9/1/2023 6/5/2023 Ace American Insurance Co. X The ACORD name and logo are registered marks of ACORD
CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE
JECT LOC PRO- POLICY GEN'L AGGREGATE LIMIT APPLIES PER:
CLAIMS-MADE OCCUR
COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $ CLAIMS-MADE OCCUR
$ AGGREGATE $ UMBRELLA LIAB EACH OCCURRENCE $ EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTH- ER
E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under DESCRIPTION OF OPERATIONS below
(Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
AUTOMOBILE LIABILITY ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT BODILY INJURY (Per person)
BODILY INJURY (Per accident) PROPERTY DAMAGE $$
$
$
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.
INSD
ADDL WVDSUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext): PRODUCER
ADDRESS: E-MAIL
FAX
(A/C, No): CONTACT NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
6/5/2023
G.L. Anderson Ins Srvs Inc
an affiliate of Professional Ins Assoc
193 Blue Ravine Rd, Suite 210
Folsom CA 95630
916-353-5130 916-353-5135 [email protected] Allstate Insurance Company 19232 PACIF94 Associated Industries Insuranc 23140 Pacific Polymers, Inc
dba American Foam Experts
11500 Twin Cities Road
Galt CA 95632
StarStone National Ins. Co. 25496 248647938
B X 1,000,000 X 300,000 Excluded 1,000,000 2,000,000 XY Y AES122543600 1/27/2023 1/27/2024 2,000,000
A
1,000,000 X
648908687 9/5/2022 9/5/2023
C
X 5,000,000 X
77380R230ALI
5,000,000
1/27/2023 1/27/2024
City of Pacifica, its officers, directors, officials, agents, employees, and volunteers as included as Additional Insured's as their interests may appear per written contract. Insurance is primary and non-contributory and Waiver of Subrogation applies. *30 days notice of cancellation applies except 10 days for non-payment of premium. City of Pacifica 540 Crespi Drive
Pacifica CA 94044
Insured Full Copy
COMMERCIAL AUTO
AA CW 20 10 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Page 1 of 3
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
Coverage provided under this policy is modified by the attachment of this endorsement. If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s) of the state specific form shall apply.
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
In SECTION I - COVERED AUTOS, the following
changes are made:
The following is added:
D. Physical Damage Coverage for Temporary
Substitute and Leased Autos
If Physical Damage Coverage is provided by this
policy, the following kinds of "autos" are covered
"autos" for the same coverages provided by the
policy:
1. Any private passenger "auto", or other than
private passenger vehicle with gross vehicle
weight of 20,000 lbs. or less, you do not own
while used with the permission of the owner as
a temporary substitute for a covered "auto" you
own that is out of service because of its:
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss"; or
e. Destruction.
2. Private passenger "autos" and other than private
passenger vehicles with gross vehicle weight of
10,000 lbs. or less, leased, hired, rented, or
borrowed for a period of 30 days or less. This
does not include any vehicle you lease, hire,
rent, or borrow from any of your "employees"
or partners or members of their households.
In SECTION II ---- LIABILITY COVERAGE, the
following changes are made:
Under A. Coverage, Who Is An Insured, the
following is added:
d. Any organization, other than a partnership or joint
venture, over which you maintain ownership or in
which you hold a majority interest. This provision
applies only if there is no similar insurance provided
to that organization.
e. Any organization you acquire or form after policy
inception, other than a partnership or joint venture,
over which you maintain ownership, or in which
you hold a majority interest. Coverage under this
provision does not apply;
(1) If there is similar insurance provided to that
organization; or
(2) To "bodily injury" or "property damage" that
occurred before you acquired or formed the
organization.
f. Any person or organization that you are required to
name as an additional insured under the terms of a
written job contract, or by written insurance
requirements executed prior to any covered "loss"
or claim. This protection applies only if the person
or organization is liable for the conduct of an
"insured" and only to the extent of that liability.
Under A. Coverage, Coverage Extensions,
Supplementary Payments, subparagraphs (2) and (4)
are replaced with the following:
(2) Up to $5,000 for cost of bail bonds (including
bonds for related traffic law violations) required
because of an "accident" we cover. We do not
have to furnish these bonds.
Insured Full Copy
Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Page 2 of 3
(4) All reasonable expenses incurred by the "insured"
at our request, including loss of earnings up to
$500 a day because of time off from work.
Under B. Exclusions, Fellow Employee, the following
paragraph is added:
But this exclusion does not apply to "bodily injury" to a fellow "employee" caused by any person whose
position within the insured organization is at or above the level of manager or supervisor.
Coverage afforded by this provision is excess over
any other collectible insurance.
In SECTION III - PHYSICAL DAMAGE COVERAGE,
the following changes are made:
Under A. Coverage, Glass Breakage - Hitting A Bird
Or Animal - Falling Objects Or Missiles, the following
is added:
If damage to glass is repaired in lieu of being
replaced, no deductible will apply for repair only.
Under A. Coverage, Coverage Extensions, the
following is added:
c. Personal Effects Coverage
In the event of a total theft of your covered "auto",
for which you carry either Comprehensive or
Specified Causes of Loss coverage, we will pay up
to $500 for the personal effects which are:
1. owned by you; and
2. in your covered "auto" at the time of the total theft of such "auto".
No deductible applies to Personal Effects Coverage.
Under A. Coverage, the following is added:
5. Lease and Loan Gap Coverage
In the event of a total "loss" to a covered "auto"
shown in the Schedule or Declarations for which a
specific premium charge indicates that physical
damage coverage applies, we will pay any unpaid
amount due on the lease or loan for a covered
"auto", less:
a. The amount paid under the Physical Damage
Coverage section of the policy; and
b. Any:
(1) Overdue lease/loan payments at the time of
the "loss";
(2) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(3) Security deposits not returned by the
lessor;
(4) Costs for extended warranties, Credit
Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan or lease; and
(5) Carry-over balances from previous loans
or leases.
Under D. Deductible, the following paragraph is
added:
When Collision Coverage is provided by this
policy, the deductible amount will not be
subtracted from the loss payment in collisions
involving your covered "auto" and another auto
covered by Allstate Insurance Company or any
of it’s affiliates.
In SECTION IV - BUSINESS AUTO
CONDITIONS, the following changes are made:
Under A. Loss Conditions, Duties In The Event
Of Accident, Claim, Suit Or Loss Condition, the
following is added under subpart a:
Knowledge of an "accident" or "loss" by any of
your agents, servants or "employees" shall not
in itself constitute knowledge by you, unless
you or one of your corporate officers or
managers, or any assignee, shall have received
such notice from the agent, servant or
"employee".
When you report an occurrence of any
"accident" or "loss" to a Worker’s Compensation
carrier or self insured plan providing the named
insured’s Worker’s Compensation insurance
which later develops into a claim submitted
under this policy, failure to report such
"accident" or "loss" to us at the same time shall
not be deemed a violation of this condition.
After you become aware of such liability claim
arising from the "accident" or "loss", you must
give us prompt notice.
Under A. Loss Conditions, Transfer of Rights of
Recovery Against Others To Us, the following
is added:
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 work you perform under a contract with such
person or organization, in which you have agreed
to waive your right of such recovery.
Insured Full Copy
Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Page 3 of 3
Under B. General Conditions, Concealment,
Misrepresentation Or Fraud, the following is
added:
This condition does not apply to any omission or
failure to provide material facts if the omission or
failure was unintentional.
COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 16 Appendix F to Construction Services Agreement
SUPPLEMENTAL CONDITIONS
1. Plans
See Plans and Specifications entitled: Community Center Roof Coating Project.
2. Shop Drawings
Shop drawings will not be required on this project.
3. Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.
The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site.
The premises shall be left in a clean and orderly condition acceptable to the City Engineer.
In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.
4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fenced-off when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.
In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.
All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.
5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.
6. Discrimination
COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 17 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.
7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.
9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work.
All damage done to existing property shall be neatly repaired or replaced at the Contractor’s expense. Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.
The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property. The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer’s decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.
The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof. The site shall be secured at the conclusion of each work day.
10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 18 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.
An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.
In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.
The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor’s risk and be subject to rejection.
The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is in accordance with the requirements and intent of the specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his representatives and representatives of the City to have access to the work and the premises used by the Contractor.
11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.
If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days’ written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.
No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.
If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.
12. Temporary Suspension of Work and Extension of Time for Performance When conditions at the site of the proposed work are unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer’s approval, any suspensions violate this specification.
COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 19 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.
When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.
13. Laws and Regulations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times. In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.
14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.
16. Water Pollution
General:
Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.
Correction of Inadequate Pollution and Erosion Control Measures:
If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor’s water pollution control measures are inadequate. No further work shall be performed on those items until the water pollution control measures are made adequate.
Abatement of Other Water Pollution:
COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 20 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.
Compensation:
Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.
17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000. AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.
Contractor shall reuse or recycle any useful construction materials generated during the project.
Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.
Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.
The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 21 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.
The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.
B. Disposal
The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.
The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site.
The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in the section above.
The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not bury spilled hazardous materials.
The Contractor shall report any hazardous materials spill to the City of Pacifica Building Division at (650) 738-7344.
The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.
C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed activities.
Concrete, Grout and Mortar Waste Management
Material Management:
The Contractor shall store concrete, grout, and other materials away from drainage areas and ensure that these materials do not enter the storm drain system or the ocean waters.
Concrete Truck/Equipment Wash Out:
The Contractor shall not wash out concrete trucks or equipment into streets or gutters.
The Contractor shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and COMMUNITY CENTER ROOF COATING PROJECT PACIFIC POLYMERS INC. AGREEMENT – Page 22 dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.
18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.
19. Substitutions
Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.
20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience. Continuous safe public access shall be maintained to residential structures at all times.
21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms “or equal,” “approved,” “selected” and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer’s printed directions.
Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.
22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free Workplace Policy are described in City of Pacifica Administrative Policy Number
46. 23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.
24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request.