The capacity to provide the right staff at the right time. Client service is a core value for us, and we understand the importance of responsiveness. With more than 120 professionals in Southern California, we have the depth of resources and expertise to respond quickly to your needs.
Peace of mind through each phase of your projects. Our professionals have years of experience managing a wide variety of public works projects. Our time -tested, proactive approach serves to anticipate and expeditiously address challenges to keep your projects moving forward. Our proven process eliminates surprises, provides predictability, streamlines delivery, and keeps potential conflicts with the contractor to a minimum.
We believe Ardurra is best qualified to perform the requested services because our experienced team members have a heart for client service, and they merge seamlessly as an extension of our clients' staff. Working with municipalities is what we do, day in and day out, so we know local codes, regulations, community needs and sensitivities, and proposed developments and their potential impacts to City infrastructure. We have helped deliver hundreds of projects through local on -call contracts. All of this experience has taught our team effective resource management, scheduling, trusted subconsultant partnerships, and a process that works. And having former municipal leaders on staff provides insight and perspective on stakeholder concerns and expectations, and offers continual improvements to processes and streamlining reviews to deliver quality products. Our reputation for providing quality services has been confirmed by our ongoing relationships and extended on -call contracts with agencies throughout California. Our local, comprehensive team is ready to support all of your engineering needs.
Dino D'Emilia, PE, F. ASCE, QSD, will serves as our Contractual Manager, and Mark Lewis, PE, TE, will assist Omar for day-to-day management. Both bring more than 30 years of experience. Mark has been with Ardurra for three years after serving as Director of Public Works/City Engineer at the City of Fountain Valley for 20 years.
Ardurra has elected to bolster the team by continuing our partnership with Ninyo & Moore for material testing. Ninyo & Moore provides outstanding geotechnical engineering, material testing, and inspection services for all phases of projects. Ardurra has worked extensively with this exceptional firm. This long-standing alliance enables a streamlined approach and smooth coordination.
With our nearby offices in Newport Beach and El Segundo, and many of our team members being residents of surrounding communities, we are deeply invested in the City's success.
Ardurra is properly licensed and in good standing with the State of California (registration with California Secretary of State — Certificate #073306522; California Department of Industrial Relations Registration # PW-LR-1000392146), and the firm has no conflicts of interest with regard to work performed for the City.
We look forward to serving the City of Placentia on this as -needed contract. Please feel free to contact Omar at 949.533.3012 or [email protected], or Dino at 714.458-0703 or [email protected] if you have any questions or need additional information.
Respectfully submitted,
Ardurra Group, Inc.
Omar Alameddine
---- ____c--
Dino D'Emilia, PE, F.ASCE, QSD
Project & Construction Management Group Leader California Public Works Practice Director City of Placentia
On -Call Construction Management and Inspection
2 Section A Letter Transmittal
Section B Table of Contents
Section C Scope of Work
Section D Personnel Experience & Qualifications
Section E Relevant Project Experience and References
Section F Understanding and Approach
Section G Scope of Work
Section H Team Organization
Section I Proposal Statements
Section J Certification of Proposal
Exceptions
* Cost Proposal is provided in a separate PDF.
26 1
3 4
5 13
16 18
23 24
25 City of Placentia
On -Call Construction Management and Inspection
APPENDIX B
SUMMARY SHEET
Firm Name: Ardurra Croup, Inc.
Firm Parent or Ownership: Ardurra operates as a portfolio company of Littlejohn & Co. LLC Firm Address: 3737 Birch Street, Suite 250
Newport Beach, CA 92660
Firm Telephone Number: 944.428.1500
Firm Fax Number: 949.258.5053
Number of years in existence: 46
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Dino D'Emilia, PE, F.ASCE, Q50 Title: California Public Works Practice Director Telephone Number: 714.458.0703
Email: ddemiliaOardurra.com
Fax: 949.258.5053
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Omar Alameddine
Telephone Number: 949.533.3012
Email: [email protected]
Title: Project & Construction Management Group Leader
Fax: 949.258.5053
Types of services provided by the firm: Public Workskivil planning, design, construction management (CM) and inspection: water/wastewater planning, design. [M and inspection; environmental; land development; emergency management; structural engineering; public outreach; plan review and plan check; code compliance enforcement; traffic engineering; and grant administration.
City of Placentia
On -Call Construction Management and Inspection
4 D. PERSONNEL EXPERIENCE & QUALIFICATIONS
We understand the key issue for providing effective services is to be highly responsive and have the depth of resources locally available to fulfill your project needs. Ardurra has assembled a team knowledgeable and experienced in construction management services of various capital improvement projects. Ardurra's construction management team is experienced in project delivery for various construction projects, such as roadways, bridges, curbs, gutters, sidewalks, parking lots, slurry, landscape/median enhancements, parks, facilities, sewer, and storm drain improvements, as well as WQMPs, SWPPPs, and NPDES documentation. We also help deliver projects as an extension of staff to numerous cities and municipalities throughout Southern California. Our staff members are well -trained in problem solving. We process all issues with a sense of urgency and present our clients with suggested alternatives, cost and schedule affects, and recommended solutions that best suit the interests of the project and the City. The Ardurra team is available and ready to start working immediately on any task defined by the City. Our team members have a track record of delivering successful projects on schedule and within budget. If alternate delivery methods are required, Ardurra has the experienced staff to deliver those type of construction projects.
Our project managers are adept at allocating the right resources with the best mix of availability and expertise for the task assigned, and they can draw from our deep bench of experienced professionals to serve a large number of concurrent projects as needed. ✓ Below we have provided abbreviated resumes for each of our team members, followed by detailed resumes of our Management Contact and Project
PROJECT MANAGER EXPERIENCE
Ardurra proposes Omar Alameddine as Project Manager and the City's primary point of contact. Omar is Project/Construction Management Group Leader at Ardurra.
He brings an extensive background in construction management and inspection on public works and Caltrans projects. Omar has 18 years of experience delivering projects to renew city streets and freeways, applying his firm grasp of Caltrans and Greenbook standards. He has managed and inspected roadway rehabilitation and widening projects; recreational facilities such as soccer fields, public parks, and dog parks; public facilities; and domestic water, sewer, and drainage improvements.
Representative projects include:
• Project/Construction Management for Various CIP Projects, City of Anaheim • As -Needed Engineering, CM and Inspection, Anaheim Public Utilities Department
• On -Call City Engineering/CM/Testing and Inspection Services, City of Cypress • On -Call City Engineering/Construction Management/Testing and Inspection Services, City of Hawaiian Gardens
• City of Ontario On -Call Construction Management and Inspection • Burbank On -Call Professional Planning, Transportation Planning, Building & Safety, Parks, and Public Works Consulting Services
• Orangewood Avenue Improvements, City of Anaheim
• Carson Street Master Plan, City of Carson
• Kern and Mono County Bridge Replacements and Repair Project, Caltrans, Tehachapi • Polliwog Park Lower Playground Replacement Project, Manhattan Beach • Signal Hill Dog Park, City of Signal Hill
• Firestone Blvd. Regional Corridor Capacity Enhancements, City of South Gate • Antonio Parkway/Santa Margarita Parkway Rehabilitation, City of Rancho Santa Margarita • Drake Soccer Field Project, City of Long Beach
• 3rd and Broadway Cycle Track Project, City of Long Beach
PRIMARY CONTACT
If
Omar Alameddlne
Project & Canslnrction
Management Group
Leader
Ak DURRA
1900 E. Grand Avenue, &Ike 300
El Segundo, CA 90245
Telephone: 949 533.3012
Email; oalarneddine ardurra,com
City of Placentia
On -Call Construction Management and Inspection
5 As Project Manager, Omar is prepared to respond to a variety of requests from the City to execute each task order to meet your diverse needs. Once a task order is received, Omar will review/develop the scope with the task leaders and provide the City with resumes of available staff with the best mix of experience and expertise for the task assigned.
A detailed resume for our Project Manager is provided in Section 2 — Qualifications & Resumes.
SUB -CONSULTANTS
Upon review of the RFP, Ardurra can provide the required services listed in the scope of work in-house and will be supported by Ninyo & Moore for material testing services.
QUALIFICATIONS AND RESUMES
Ardurra maintains a seasoned group of project managers, construction managers, public works inspectors, and project controls/documents control professionals. Having spent most of their careers in Southern California, our team understands local agency requirements and construction standards.
As you will see in the resumes that follow, our team's experience involves projects similar to those listed in the City's CIP Program, such as streets, bridges, bike trails, drainage improvements, parks, buildings, open space amenities, landscaping, traffic signals, playground equipment, shade structures, and sports fields.
We are there when you need us! Our team is available and ready to start working immediately on any task defined by the City. Ardurra's wide range of in-house capabilities enables us to provide the right staff at the right time. Ardurra has a vast pool of resources, and we are committed to providing appropriate staffing for each task order assigned through this contract.
Due to the page limitation, we have included abbreviated resumes for our Project Manager and our key personnel. We would be happy to provide more detailed resumes or resumes for additional team members at the City's request.
City of Placentia
On -Call Construction Management and Inspection
6 Education
BS120091Civil Engineering+
California State Polytechnic
Lfniverslty. Pomona
Reg Istratlons
EITi GA 4151 070
Honors and Awards
Emerging Leader. APWA Southern
California Chapter, 20,22
Years of Experience
16 totall8 with firm
ARDURRA
OMAR ALAMEDDINE
rv,ect Manci_ge* and Primary Cantac
Omar Ale meddine brings an extensive background in construction management and inspection on public works and Caltrans projects. Ornar has delivered projects to renew city streets and freeways, applying his fine grasp of Caltrans and Greenbook standards. He has managed and inspected roadway rehabilitation and widening projects recreational facilities such as soccer fields, public parks, and dog parks; public facilities; and domestic water. sewer, and drainage improvements_ Clients appreciate Omar's penchant for precision and thorough documentation.
RELEVANT EXPERIENCE
Project/Construction Management for Various CIP Projects, City of Anaheim, CA. Contract ad ministratorfconstruction manager augmenting the City's Public Works staff to expedite the completion of more than $90 million in projects, such as the Indiana Street Water Main Replacement Design -Build; Underground Conversion Plan Projects; and Olive Street 16 -inch Water Main Replacement and Roadway Restoration Project.
Orangewood Avenue Improvements (from State College Boulevard to the Santa Ana River), City of Anaheim, CA. Contract administrator/construction manager for this $17 -million multifaceted road widening project on Orangewood Avenue from Slate College Boulevard to the Santa Ana River. This project spans a largely commercial area within proximity to several freeways and highways (SR -57, SR -55, SR -22, and I-5) along the south entrance to Angel Stadium of Anaheim, This widening project consists of electrical undergrounding with telecommunication lines relocation, installation of new City of Anaheim and City of Orange water mainline, traffic signal improvements, and a new variable message board. Widening improvements include, but are not limited to, roadway widening and paving, sidewalks, slough walls, curbs and gutters, retaining/block/sound walls, driveways, crass gutters and spandrels. drainage improvements, catch basins, WQMP BMP improvements, Disney Resort -Style 17ardscape and landscaping, irrigation improvements, and signing and striping_ Polliwog Park Lower Playground Replacement Project, Manhattan Beach, CA. Construction manager for this $2 -million project that included the removal and replacement of out -of -service play equipment, play surface, fencing; renovation of parking lots and walkways; and new play surfaces and shade structures. 2024 Commendation Award, ACEC California Signal HiII Dag Park, City of Signal HiII, CA. Construction manager for the construction of a community dog park with artificial turf, landscaping, a parking lot, and sidewalks. Collaborated with the consultant architect, City's inspector, and public works director for on site design changes for better drainage, accessibility, and design. Provided public relations support in the field. Participated in progress meetings and ensured safe conditions and compliance with plans and specifications, Drake Soccer Field Project, City of Long Reach, CA. Construction manager for the $3,8 -million completion of two soccer fields, a basketball court, parkway with trail, parking lot, new lighting, and landscaping_ In addition to providing the community with a new recreational area, the project conserved energy and reduced waste by using recycled canstucdon materials, drought -tolerant landscaping, and separating and recycling at least 60 percent of construction debris_ Antonio Parkway/Santa Margarita Parkway Rehabilitation, City of Rancho Santa Margarita, CA. Construction manager for this federally funded rehabilitation of two busy arterials. The project resurfaced a portion of Antonio Parkway and made improvements b Santa Margarita Parkway's eastbound lanes_ Ensured compliance with federal, DBE and labor compliance requirements.
City of Placentia
On -Call Construction Management and Inspection
OMAR ALAMEDDINE I Ardurra
Firestone Boulevard Regional Corridor Capacity
Enhancements. Project No. 476-TRF. City of South Gate,
CA. APWA Award Winner. Assistant construction manager/lead inspector for a S20.million project to improve three segments of Firestone Blvd. Ensured project compliance with plans and specs.
Provided fast -track design efforts for newly proposed bus pullouts, median construction, and drainage facilities. Observed utility potholing. traffic control and stormwater practices; maintained personnel and equipment logs; negotiated and reviewed potential change orders: and orchestrated utility coordination. Provided public relations and progress reports. Participated and led progress meetings. Pre -construction duties included documenting existing conditions such as tree wells to be removed.
Indiana Street Water Main Replacement Design -Build, City of Anaheim. Contract administrator/construction manager for one of The City's first design -build projects. This design -build project consisted of the construction of approximately 2,400 LF of 6 -inch ductile iron CL 52 zinc -coated water main, and 200 LF of 8 -inch ductile iron CL 52 zinc -coated water main located along Indiana Street between Broadway and South Street. The project also included the replacement of fire hydrants, valves, water services. and appurtenant structures.
Carson Street Master Plan. City of Carson. CA. Interim
construction manager for the overhaul of a 1.75 -mile stretch of Carson Street. between the I-110 and I-405 Freeways. The project was part of far-reaching renewal efforts under the City s master plan Upgrades included concrete monuments. resurfaced pavement. reconfigured turn lanes and new traffic signals. The project improved Carson Street's appearance with colorful drought -tolerant landscaping, wider paver -accented sidewalks. new pedestrian lighting. outdoor benches, and bike racks. 3rd and Broadway Cycle Track Project, City of Long Beach.
Assistant construction manager for this federally funded project to relocate a protected bicycle lane in busy downtown Long Beach that affected over 150 businesses. Assisted with CCOs, pay estimate. change order settlement and negotiation and closeout.
Strand Stairs Rehabilitation, City of Manhattan Beach, CA.
Assistant construction managerflead inspector for this federally funded project to renew or replace several concrete staircases connecting the Strand, the City's oceanfront walkway on a bluff. to the beach below. Inspected stairway demolition. repair and reconstruction. concrete placement, balustrade, and handrail installation. Processed requests for information. change orders and submittal responses.
On -Call City Engineering/CM/Testing and Inspection
Services. City of Cypress. CA. PM.CM group leader for this as -needed contract Recent assignments include inspection, material testing, and project controls services for the following:
■ Street Rehabilitation, Project 313. Street rehabilitation improvements include slurry sealing of various streets within the City right-of-way. The scope includes mobilization. surveying, traffic control. edge grind, crack sealing, remove and replace AC paving, removal of existing traffic striping and markers. Type I and II RPMS, replace traffic striping, markers. and other incidental items of work.
IF Oak Knoll South Parking Lot Seal Coat Project 332.
Rehabilitation of the entire parking lot surface, replacement of signs, and other incidental items of work.
• Concrete Rehabilitation Project 293. Citywide concrete rehabilitation improvements.
On•Ca[I City Engineering/Construction Management/Testing and Inspection Services, City of Hawaiian Gardens, CA.
PM/CM group leader for this on -call contract that has included inspection for residential street rehabilitation and roofing projects • Residential Street Rehabilitation, Project 101. Project consists of full roadway reconstruction of various streets and includes traffic control. protect in place various items: removal and construction of concrete sidewalk, curb and gutter, dnveway approaches, curb ramps. parkway drain; 2" deep
cold mill; fumish and place 6" thick CMB. 2" ARHM overlay. adjust manhole and cover to finish grade. adjust water valve can and cover to finish grade; adjust water meter box and cover to finish; provide construction survey. install traffic signal loop detector. traffic striping, signing and marking. • C. Robert Lee Roof Replacement, Project 102.
Roof replacement improvements include removal and
replacement of the existing roof. air ducts. rain gutters. and all other appurtenances. miscellaneous replacement of
structural plywood, electrical disconnections/reconnections. and mechanical disconnections/reconnections.
On -Cal; Construction Management and Inspection, City
of Ontario. CA. PMrCM group leader for the City's annual pavement rehabilitation and slurry seal project as well as permit inspection. Work includes maintaining more than 1,200 lane miles of pavement within the city. rehabilitating existing street pavements. sidewalks, handicap ramps, curb and gutter, and related appurtenances; repairing or constructing storm drain improvements at various locations throughout the City; and providing engineering contract management and field services support for all construction work within the public right-of-way.
City of Placentia
On -Call Construction Management and Inspection
DINO D'EMILIA, PE, EA E, QSD
California Public Works Practice Direaor
Education: BSli991/Civil Engineering+Northeastern University, Boston Registrations: 1995IPEICA #f; 55453
certifications: Fellow, American Society of Civil Engineers: aualified SviiPPP Developer
Years of Experience: 32 totalll3 with firm
Ardurra's California Public Works Practice Director. Dino D'Emilia, PE, F.ASCE. QSD, has delivered public works
infrastructure projects valued at more Than $1 billion for public agency clients. His abilities as a project and construction manager are highlighted with the City of Long Beach's
$103.1M Belmont Pool Rebuild and Revitalization, and the City of Torrance's $21M Transit Center Project and $15M Del Arno Boulevard Extension. He has played critical roles on infrastructure projects to build. renew and upgrade freeways, city streets, transit centers, pedestrian paths, light rail, water mains, sewers, storm drains, greenbelts, soccer fields, and recreation centers.
In keeping with his passion for building infrastructure: Dino actively participates in local chapters of the Amencan Public Works Association, the American Society of Civil Engineers and Construction Management Association of America. He
supports the growth and development of emerging engineers as a mentor to colleagues, provides construction management best practices training to agency public works staff, arid serves as a guest lecturer on construction management at the University of Southern California, Loyola Marymount University and California State University, Lang Beach.
RELEVANT EXPERIENCE
• Fountain Valley Recreation Center Exterior Improvements, City of fountain Valley
• Mary K. Giordano Regional Transit Center, City of Torrance • Redondo Beach South Bay Regional Intermodal Transit
Center, City of Redondo Beach
• Carson Street Master Plan, City of Carson
• Alamitos Beach Concession Buildingr City of Long Beach • Belmont Plaza Pool RebuildIRevitalization Project,
City of Long Beach
• Del Arno Boulevard Extension Project, T-30 — Phases 1 and 2, City of Torrance
• Mission Road Rehabilitation. City of Alhambra
• Seaside Way Pedestrian Bridge, City of Long Beach
• Oso Creek MuIIi-Use Trail, City of Laguna Niguel
MARK LEWIS, PE, TE
Mun boa Services Project Director
Education: BS/1946/Civil irngineerirtgICSL1 Long Beach
Registrations: 19921PFJCi iIICA#049335; 1992+TE+Traffic"CA 0TR1631 nal1PE!Traffic Operations Engineer.+CA #661
Honors: 201 g APWA Southern California Top Leader Public Sec€or Years of Experience: 38 total?3 with firm
Mark Lewis, PE, TE, is Municipal Services Project Director at Ardurra_ He is a proven header with 38 years of engineering experience. Having begun his ambitious career with the City of Fountain Valley including 13 years as director of public worksr'cily engineer, Mark brings a perspective from a public agency professional, which has led to improved solutions, cost-effectiveness, and more robust protections against change orders and claims. Ile provides insight and guidance to a number of cities and water districts where he has provided onsite program and project management; staff assistance; organizational review; rnentoring; capital project development: preparation of capital project bid packages; guidance on water and wastewater collection systems and design strategies to maximize cost efficiency and minimize ongoing maintenance; creative project funding strategies; review and strategy for development of municipal buildings; preparation of multi -year CIPs; landscape concept strategies; and preparation of traffic control, striping, and detour plans.
Mark's additional and notable accomplishments include chairing OCTA's Technical Advisory Committee and Technical Steering Committee on four separate occasions. He participated in drafting language for OCTA Measu re M2 and met with government
and business leaders throughout its development and ultimate passage. Mark has also been the chair of the Laguna Bach Water Commission, president of the CC City Engineers
Association and president of OC Traffic Engineering Council. Mark is a leading mind in regional arenas of transportation, waterworks and civil services throughout Orange County.
RELEVANT EXPERIENCE
• ProjecWtilities Management, City of Huntington Beach
twi PM CIP, Brea, Lakewood, Laguna Hills Signal Hill
• PM, Funding, and Traffic Engineering, City of Lake Forest • PMJConslructability Review, City of Seal Beach
• Project ManagernerrtIOversightAssistance, New HQ
Building, East Orange County Water District, Orange
• Randall Avenue Street Improvements, City of Rialto
• Dir. of Public WorksICity Engineer, City of Fountain Valley' telbrk;performea prior to john9 Ard1trra
City of Placentia
On -Call Construction Management and Inspection
9 LEA REI . PE, QSDIP BRADLEY WALDROP,
I QP, PE
Project:Construction Manager Transportation Services Group Leader Education: M 173051BusinessAdrtunistration/New York Institute of Technology: BSi1989fAerospace Erigineenr University of Southern California, Los Angeles
Registrations: 20161PE/CiviltCA #85395
Certifications: California Certified QSDIQSP
Years of Experience: 24 totalfl month with firm
Lea Reis, PE, QSDIP. is a registered civil engineer with more than 20 years of experience in the public and private sector, managing public and private projects for various cities throughout Southern California. Lea's career has given her valuable insight into the successful delivery of projects, from design through construction, Projects include disciplines such as roadway rehabilitation and traffic signals, water, sewer, and storm drain systems, buildings and facilities, and community parks_ She is ell-versed in ADA improvements and compliance, Callrans and Greenbook standards and specifications, and constructabilityvaluation_ Lea's experience as Public Works Director for the City of Lawndale has given her valuable knowledge in city street maintenance and operations, engineering policies, and procedures to deliver successful prc;ects on schedule and within budget,
RELEVANT EXPERIENCE
• Public Works Director/Civil Engineer, City of Lawndaie • FY 21122 Street Rehabilitation, City of Lawndale"
• Brook horst Street Improvement from I-5 to SR -91.
City of Anaheim*
• Naranjo Park Beautification Project, City of Woodlakek • Capital Improvement Projects. City of Compton'
• ADAAnnual Sidewalk & Ramp Construction Programs,
City of Long Beach`
• Various CM Projects, City of Redondo Beach*
• Jackie Robinson Community Center, City of Pasadena'
• North La Brea Avenue Street Improvement Project,
City of Inglewood'
• Glenoaks Blvd. Street Resurfacing & Highway improvement Project, City of Barr Fernando*
• North Atlantic Blvd. Traffic Signal Synchronization Project, City of Monterey Park`
• Whaley Park Concession Stand Installation, Lang Beach' • Malibu Canyon Road and Pacific Coast Highway Traffic
Signal Upgrade, Malibu Canyon'
• Eastview Dog Park Design, City of Rancho Palos Verdes- ' Work performed prior to joining Ardrirra
Education: SS.+19991Civil Engineering, CSU Sacramento
Reg i Oration a: 1 9-9+PE/Cvi I+CA #059724
Honors: Theodore D. Judah Transportation Engineer Award, ASCE Sacramento, 2023
Years of Experience{ 33 totaII2 with rim,
Bradley Waldrop, PE. has a 33 -year -long distinguished career of technical and operational excellence Serving the civil engineering, construction management and public works industries. Bradley started his career in the development of new design and construction technologies ies to retrofit California's at-nsk bridges after the Loma Prieta Earthquake. As his technical expertise expanded, he provided design leadership in long -span and signature structures such as the Interstate -40 Mississippi River Bridge, the North Viaduct of the Golden Gate Bridge, and the Benicia -Martinez Bridge. Bradley was part of a three -member team to invent a unique eccentrically braced frame system for steel buildings, now called Tru-Frame. Today, Bradley focuses on delivering clever solutions to local public agencies biggest civil engineering chaliengee as he continues to deliver award -winning projects.
RELEVANT EXPERIENCE
• Wardlow Road Rehabilitation, City of Long Beach
• Superior Avenue PedestrianlBicycle Bridge and Parking Lot. City of Newport Beach
• Bridge and Structures Constrtrclability On -Cali Services, County of Riverside
• Roseville Parkway Bridge over False Ravine,
City of Roseville
• Secret Ravine Parkway Bridge over False Ravine,
City of Roseville
• Club Center Drive Bridge over East Drain Canal,
City of Sacramento
• On -Call Engineenng Consultant Services for Various Public Works Projects, County of San Benito
• Traffic Signal Safely Project, Sacramento
▪ Highway 111 Beautification, City of Indian Wells
• East Bidwell/U 50 Interchange. Rancho Cordova
• The Ranch Plan Planned Community, Plan Check Services, County of Orange
• Carbon Canyon Boaster Pump Stations No. 2 & 3. City of Brea • Lower LosAngeles River Channel Restoration and Access Project, Paramount
City of Placentia
On -Call Construction Management and Inspection
10 JOIN WOLITAR KY, CCM
Senior Project!Construction Manager
GAFUR 0YE O
Ir mection Services Mgr." r. Consnuction Mgr
Education: ES/1M6iBusiness Admi nistration•1USC Los Angeles Certifications: Certified Construction Manager (CCM)/Construction Management Assocsatian of America #10457
Years of Experience: 37 tataW with firm
John Wolitarsky, CCM, has delivered critical public facility, recreation, aquatics, roadway, water and utility improvement projects far many Southern California cities and regional agencies. He has managed high -profile arterial roadway improvements, such as the City of Fountain Valley's $32M Edinger Avenue -Harbor Boulevard rehabilitation. John's equally extensive water project background includes the renewal and replacement of domestic water and sewer lines and reservoirs.
For the City of South Pasadena, John directed the $20M Garfield Reservoir replacement. His public facility improvement work also includes recreation complexes, fire stations, fountains and parks and aquatic centers, such as the $22M City of Bell Gardens Ford Park Aquatic Center.
RELEVANT EXPERIENCE
• Cypress Police Department Seismic Retrofit,
Emergency Operations Center, and Modernization Project, City of Cypress
tt Fountain Valley Recreation Center Exterior Improvements, Cityof Fountain Valley
• unitary Sewer Facilities Rehab, City of Redonda Beach ▪ 15Th Street Bike Boulevard of Parks, City of Long Beach • Redondo Beach South Bay Regional Intermodal Transit
Center, City of Redondo Beach
• Mary K. Giordano Regional Transit Center, City of Torrance • Burton Way Median Green and Water Efficient Landscape Project, Cily of Beverly Hills
• Laguna Channel Improvement Project, City of Laguna Beach • Residential Roadway Rehabilitation Project, No. GT229, City of Fountain Valley
• Canon Street Master Plan Implementation, City Of Carson • Hermosa Avenue Pavement Resurfacing Project,
City of Hermosa Beach
• Euclid Street Rehabilitation and Resurfacing,
City of Fountain Valley
• Edinger Avenue and Harbor Boulevard Rehabilitation
and Resurfacing, City of Fountain Valley
• Whitewater Preserve Flood Control Project,
Wildlands Conservancy, Oak Glen
Education: MS1202b+Asset Integrity Management!Robert Gordon University, Aberdeen. Scotland: BEngf20111filaval Architecture! State iJne/8m ty of New York, Maritime College
Certifications: OSHA 10 -Hour Construction & Safety- OSHA 30 -Hour Construction & Safety
Years of Experience: 14 totalt'3 wsth firm
Gafur Oyewo brings 14 years of project and construction management experience, with proficiency in large-scale public works project administrative/management processes such as critical path management (CPM), project scope management, payrnenUrequisition processing, and safety management.
He has extensive knowledge in commercial and residential property rehabilitation and restoration as well as floating and fixed marine asset dry-docking and repair. His experience spans projects involving a diverse range of installations, which include landscaping, roofing, asbestos abatement, masonry, steel structure erection, concrete, electrical, plumbing, and interior ren-ovation.
RELEVANT EXPERIENCE
• Orangewood Avenue Improvements (from State College
Boulevard to the Santa Ana River), City of Anaheim
• Ocean Place Construction Management and Inspection,
City of Seal Beach
• Mary K. Giordano Regional Transit Center, City of Torrance • Redondo Beach South Bay Regional Intermodal Transit
Center, City of Redonda Beach
• Alamitos Beach Concession Building, City of Long Beach • telecommunication Pops Coordination and Inspection,
City of Anaheim
• Palos Verdes Estates Guardrail Replacement Project,
City of Palo Verdes
• CM and Inspection Services for the Equipping of Well
Commission 22A (O-4746}, Long Beach Viiater Department
• Knott Avenue Water Main Replacement - Phase 1
Design -Build, City of Anaheim
• Belmont Plaza Poo! Rebuild/Revitalization Project.
City of Long Beach
• Borough of Manhattan Community College Entrance Plaza Rehabilitation_ Dormitory Authority of the State of New York' • Shirley k Chisholm State Office Building Restoration
Project, New York State Office of General Supply, NY'
' Work performed pox to janrngArdurra
City of Placentia
On -Call Construction Management and Inspection
DOH WREN, JR,
Senior Public Works Inspector
Education. College Coursework
Certifications; Water Distribution D-1 Certification; Competent Person Training; SWPPP, MPs Training; Water Treatment inspection Training; Inspection Training
Years of Experience{ 32 toter/1i) wIth frm
Don Wren, Jr_ has inspected and overseen the construction of capital improvements for more than 30 years. Don brings a comprehensive background in directing and ensuring the quality of projects involving road and water infrastructure. He has worked with the Cities of Irvine. Fontana, Rancho Cucamonga and Chino as well as regional agencies such as the County of Imperial and Cucamonga Valley Water District, He also brings substantial expertise in materials testing,
RELEVANT EXPERIENCE
• On -Call Citywide Public Works Inspection, City of Irvine • Orange County Great Park South Lawn Pump Station,
City of Irvine
• CDC Fire Station No. 20, City of Irvine
• Jamboree Road -I-5 Widening and Interchange
Improvements. City of Irvine
• 2017-22 Street Pavement Maintenance Rehabilitation
Project, City of Corona
• State College Boulevard and Le Palma Intersection
Widening Improvements, City of Anaheim
▪ Laguna Canyon Channel Facility 102 Inspection
and Erosion Protection Animal Shelter Inspection,
City of Laguna Beach
• Cherry Avenue Widening, City of Fontana*
• Street Widening and Infrastructure Improvements,
City of Fontana'
• Riverside Drive Improvements, City of Chino'
• SR-210/SR-30 Conversion and Expansion Project,
Cucamonga County Water District'
• Storm Drain, Water and Sewer Maintenance,
City of Corona`
• Promenade Park, City of Carona'
• Heritage Community Park, City of Fontana*
• Alicia Parkway from Mission Viejo City Limits to
Santa Marganta Parkway South -Bound Lanes,
City of Rancho Santa Margarita'
'Error to Joining Astoria
i
ERIC EGURROLA
Senior Public Works Inspector
Education: AS/Water Utility ScienceRancho Santiago Collage Registrations: State of California Water Treatment Operator T2, #18635; State of California Water Distribution Operator DS, #8151 Certifications: NUCA Trenching and Excavations; 8 -Hour Safety, Competent Person Training, Fall Protection f} -Hour, Competent Parson Training; NUCAConfined Space Entry Training Tragic Control Technician Training
Years of Experience: 26 total7 with firm
Eric Egurrola is a senior construction inspector with 26 years of experience on public works projects. For more than a decade.
Eric served as a staff oonshuction inspector with the City of Fullerton. Eric has also inspected public works construction for tiie Cities of Irvine, Anaheim, Newport Beach. Palos Verdes, Manhattan Beach, Rancho Cucamonga, Brea, Ontario,
and South Gate. Eric brings significant water infrastructure Construction and rehabilitation project experience. His inspections have involved water and sewer fines, storm drains_ pump stations, reservoirs, and wells.
Equally strong is Eric's project background in the inspection of road widening and extensions, pavement rehabilitation, and the removal and replacement clicurbs and gutters, and sidewalk_ He is proficient in the Caitrans LAPM and WATCH manual_ Eric has also inspected projects involving public buildings, residential developments, schools, and landfills. To all projects, Eric brings meticulous attention to detail and the ability to communicate clearly and courteously with all project stakeholders, including residents and business owners impacted by construction.
RELEVANT EXPERIENCE
• On -Call Citywide Public Works Inspection. City of Irvine • ADA Facility Improvements, Operations Support Facility - Building 1, City of Irvine
• Annual Street Rehabilitation and Slurry Seal, City of Irvine' • Lakeview Senior Center Rehabilitation, City of Irvine • Harvard Avenue Roadway and Streetscape Rehabilitation, City of Irvine'
• On -Call Inspection Services Contract, Irvine Ranch Water District, Orange County
• Annual Concrete Rehab, CIP No. 19'9, City of Cypress
• Francis Street Storm Drain Project, Ontario
• Superior Avenue Pedestrian/Bicycle Bridge & Parking Lot, City of Newport Beach
• Work perrormed prior la joining Arrfurra
City of Placentia
On -Call Construction Management and Inspection
12 E. RELEVANT PR OJECT EXPERIENCE AND REFERENCES
CAPITAL IMPROVEMENT PROJECTS PROJECT MANAGEMENT AND CONSTRUCTION MANAGEMENT City of Anaheim
Contact: Jake Hester, Water Engineering and Design Manager; 714.765.4421; [email protected]; and Brenda Medina, former Anaheim Construction Contract Administrator (currently with UC Irvine); 714.679.1231; [email protected] Dates: 03/2017 — ongoing Project Value: $90 million
Ardurra provides PM/CM services to oversee completion of more than $90 million in capital improvement projects involving telecommunications, structural, water/wastewater, and utility undergrounding. Challenges have included existing utility conflicts and the coordination with outside utility companies for their existing utilities as they relate to the project. Our proactive approach, constant communication including several meetings prior to construction help facilitate and expedite permit reviews and approvals, as well as schedule of work coordination. Some representative projects include:
• Orangewood Avenue Improvements. Contract administration and construction management for this multi -faceted road widening project on Orangewood Avenue from State College Boulevard to the Santa Ana River. This project spans a largely commercial area within proximity to several freeways and highways along the south entrance to Angel Stadium of Anaheim.
This widening project consists of electrical undergrounding with telecommunication lines relocation, installation of new City of Anaheim and City of Orange water mainline, traffic signal improvements, and a new variable message board. Widening improvements include roadway widening and paving, sidewalks, slough walls, curbs and gutters, retaining/block/soundwalls, driveways, cross gutters and spandrels, drainage improvements, catch basins, WQMP BMP improvements, Disney Resort -Style hardscape and landscaping, irrigation improvements, and signing and striping. • Underground Conversion Plan Projects. Contract administration for three projects that are part of a City five-year program.
The initiative is relocating overhead power and communications systems underground. The work is intended to improve aesthetics, replace antiquated equipment and enhance the reliability of the area's electrical system. Typical work includes undergrounding 69kV transmission and 12kV distribution systems, installing streetlights and service connections and demolishing overhead power, telephone and cable television lines.
• Fire Station No. 5. Contract administration and construction management for the $5.4 -million design -build construction of a 9,400 -square -foot fire station on one acre. The station can house up to eight firefighters. Station design included parking, driveways, sidewalks, walls, fences, landscaping, water, sewer gas, telephone/cable and electrical utilities, transmissions lines and facilities. Winner of2018 BEST Award from the Southern California chapter of APWA. • Citywide Sanitary Sewer Improvement Program/Projects, Group 6. Contract administration and construction management for $2 -million project to build more than 4,200 linear feet of 24-inch,18-inch,15-inch and 10 -inch vitrified clay pipe (VCP) sewer mainline. Project constructed 19 manholes, removing the existing mainline and manholes, rebuilding the street and installing new traffic loops, striping and pavement markers.
City of Placentia
On -Call Construction Management and Inspection
13 ■ La Palma Water Complex — Reservoir Rehabilitation and Pump Station Replacement. Contract administration for $9.3 -million reservoir and pump station project. Managed demolition of 3 -MG reservoir and pump station. Directed rehabilitation of 4 -MG reservoir, construction of new pump station, and abandonment of inactive well. ■ Indiana Street Water Main Replacement. Contract administration and construction management for one of the City's first design -build projects, which consisted of the construction of approximately 2,400 LF of 6 -inch ductile iron CL 52 zinc -coated water main, and 200 LF of 8 -inch ductile iron CL 52 zinc -coated water main located along Indiana Street between Broadway and South Street. The project also included the replacement of fire hydrants, valves, water services, and appurtenant structures. ■ Rehabilitation of Pressure Regulating Stations (PRS) 30 and 31 and Relocation of PRS-32 and -43 and Construction of New PRS-73. Contract administration and CM services for completion of various on -call water utilities projects for the Water Utilities Engineering group. The work consists of contract administration and construction management services for PRS 30, 31, 32, 43, and 73 project, and construction management services overseeing the closeout of the PR -58, M-2 and M-8 projects.
ON -CALL PUBLIC WORKS CONSTRUCTION MANAGEMENT AND INSPECTION City of Long Beach
Contact: Eric O. Lopez, Public Works Director; 562.570.5690; Eric.Lo [email protected] Dates: 08/2016 — ongoing Project Value: $30 million
Ardurra is providing the City with on -call construction management and inspection services geared toward a wide range of public works projects, from street rehabilitation to storm drains. The bench of professionals assigned to this contract includes project managers, construction managers and construction inspectors, as well as deputy inspectors for work related to buildings and other types of structures. Example projects include:
■ Belmont Myrtha Pool Repairs, Phase 1 & 2. CM services to oversee $2.6M construction activities for the maintenance and repairs required to address deteriorated pool amenities and to ensure continued operation. Improvements for both phases include spalled and cracked deck concrete; exposed deck reinforcing steel; spalled and cracked concrete stair treads; corroded stair steel pans; corroded stair steel structural support; upgraded drainage system; removal and replacement of existing bleachers; removal and replacement of damaged concrete deck; and removal and replacement of existing corroded fencing.
■ Daisy -Myrtle Bicycle Boulevard. Ardurra managed construction of this 9.5 - mile, north -south bikeway extending from downtown Long Beach to north Long Beach. This project, part of the City's Bicycle Master Plan, creates a safer way for cyclists to reach the Wrigley, Los Cerritos and Bixby Knolls neighborhoods. The Class 1 bike path bikeway runs along Daisy Avenue to the south and Myrtle Avenue to the north. ACEC California recognized this project with a 2019 Engineering Excellence Award.
City of Placentia
On -Call Construction Management and Inspection
14 ■ 6th Street Bicycle Boulevard. Ardurra provided project and construction management for creation of an east -west bicycle boulevard along 6th Street. The 2.5 -mile route extends from Junipero Avenue on the east to Bellflower Boulevard on the west.
The project installed a Class 1 bike path, traffic circles, a roundabout with curb extensions and bioswales to control drainage and a bump -out and curb extensions. The project also added bike loop detection to an existing traffic signal, signage and fresh pavement markings.
■ Heartwell Park Central Irrigation Renovation. Ardurra is providing pre -construction services and reviewing plans and specifications for construction, supporting and collaborating with the Construction Management Division and other as - needed duties may include completing assignments from the Construction Services Officer.
REDONDO BEACH SOUTH BAY REGIONAL INTERMODAL TRANSIT CENTER PROJECT City of Redondo Beach
Contact: Andrew Winje, City Engineer; 310.697.4661; [email protected] Dates: 06/2020 — 01/2023 Project Value: $13,225,000
Ardurra provided CM and inspection along with other professional services required to undertake and successfully manage construction of this modern multimodal transportation facility located adjacent to the Galleria, south of Target along Kingsdale Avenue in the city of Redondo Beach. The facility is a huge upgrade for the community from the antiquated transit center that was in operation for nearly 30 years. This functional and aesthetically pleasing transit center improves regional mobility, linking Beach Cities Transit with other regional transit providers such as Los Angeles Metro, Torrance Transit, Trans, and Lawndale Transit, along with pedestrian and bicycle access to these services. By providing alternate transportation opportunities, this facility supports statewide goals of reducing single -occupancy vehicles and greenhouse gas emissions. The 2,900 -square -foot building is certified LEED Silver and involved the installation of all required controls and accessories for a fully functioning Title 24 -compliant lighting control system and surveillance network. The facility also has a storm drain capture system that can retain tens of thousands of gallons of stormwater.
Amenities and services to transit passengers include 11 bus bays in the transit terminal area, a ticketing vending machine, signalized crosswalks, passenger waiting area with restrooms, parking lot with 320 spaces, short- term parking area for 13 vehicles, 12 bicycle storage lockers, and security cameras. For staff, the facility provides operator layover amenities, offices, and private restrooms.
This project received the following awards:
■ 2024 Merit Award, ACEC California
■ 2023 Project Achievement Award for Transportation: Roads and Highways in the range of $10M - $50M, Construction Management Association of America (CMAA) Southern California Chapter ■ 2023 BEST Project of the Year (Facilities Category), American Public Works Association (APWA) Southern California Chapter City of Placentia
On -Call Construction Management and Inspection
15 F. UNDERSTANDING AND APPROACH
PROJECT/CONSTRUCTION MANAGEMENT CAPABILITIES
Numerous municipalities and agencies throughout the region have entrusted Ardurra with their PM, CM, and inspection needs. Our team has experience with a wide range of projects, including roadway reconstruction, streetscape revitalization, pavement rehabilitation, sidewalk and ADA pedestrian ramp installation, drainage improvements, parks, playgrounds, shade structures, sports fields, decorative concrete sidewalks, landscaping, irrigation, traffic signals, street lighting, water feature construction, water and sewer treatment and pumping facilities, storage, and pipeline installation/rehabilitation, as well as managing multi -project capital Improvement programs. In addition to the types of projects mentioned above, we also provide vertical construction management and inspection on projects such as fi re stations, police 16ecreaents, 16ecreateon centers, and libraries. We deploy time -tested procedures and best management practices for the most vital project elements:
• Safety • Measurement and payment • Budget and cash flow • Quality assurance • Public outreach • Change management • Utility coordination • Labor compliance ■ Schedule ■ Claims avoidance ■ Documentation protocol and ■ Project commissioning, communication acceptance, and closeout
Not only is Ardurra successful at delivering PM and CM services, but our professionals are considered leaders in the industry. They are frequently engaged to train public agency staffs and develop or improve standardized public agency department systems, procedures, and processes that incorporate industry best practices across capital project and development permit delivery. We have expert in-house resources including former Public Works Directors and City Engineers who offer valuable insight from a municipality's perspective and are continuing to improve the efficiency and effectiveness of the municipal engineering process.
Our staff members maintain current registrations/certifications in their respective specialties, including registered professional engineers and Qualified SWPPP Practitioners (QSP) and/or Qualified SWPPP Developers (QSD). Our team is well -versed in CPM scheduling, construction means and methods, web -based documentation, WATCH requirements, Caltrans Local Assistance Procedures Manual, Greenbook General Specifications, and water pollution control regulations. Ardurra can assist through every phase of the project, from design to pre -bid through construction to closeout.
Our team has worked on numerous federally funded projects over the years and has well -established and proven templates that have been used as examples by Caltrans. We have an excellent track record for delivering exception free federally funded project oversight reviews and federal audits.
We also have in-house a comprehensive bench of inspectors that bring experience in all aspects of public works inspection. Our inspection team averages 25 years of experience and are competent, knowledgeable and will conform to California Building Standards Code/Title 24, City of Irvine codes and ordinances, federal grant requirements, Caltrans LAPM, Greenbook, APWA standards, and, where appropriate, LEED, DSA, and OSHPD standards.
Ardurra has a history of providing services for large on -call contracts to numerous agencies throughout California. Because of this experience, Ardurra has a strong understanding of how to address project issues and the needs of public agencies for multiple, concurring tasks. This experience allows us to provide responsive teams led by experienced task managers to solve the needs of our clients in a timely manner.
City of Placentia
On -Call Construction Management and Inspection
16 Detailed examples of our project experience similar to this scope of work are provided in Section 3 — Referenced Projects. Below is a partial list of recent on -call PM/CM services contracts with local municipalities:
■ Anaheim On -Call Engineering & Design Services for Public ■ Huntington Beach On -Call Civil Engineering, Surveying & Works Projects Professional Consulting Services
• Anaheim PM/CM for Various CIP Projects • Irvine On -Call Inspection Services • Anaheim Public Utilities Department As -Needed • Laguna Beach Project Management Engineering, CM & Inspection ■ Laguna Hills On -Call Municipal Engineering/PM ■ Brea As -Needed PM, Engineering Design & Plan Check ■ Lake Forest On -Call Municipal Engineering/Staff • Brea Construction Management & Inspection Services Augmentation & Inspection • Burbank On -Call Professional Planning, Transportation • Lakewood City Engineering Services & On -Call PM/CM Planning, Building & Safety, Parks, and Public Works ■ Long Beach Citywide CIP Project Management Consulting Services ■ Long Beach On -Call CM & Inspection Services • Coachella Valley Water District On -Call PM Support • Long Beach Water Dept. Engineering Services for CIP • County of Los Angeles Building & Safety Inspection and Program/Project Management Permit Technician Services ■ Manhattan Beach On -Call PM Services for Various Projects ■ County of San Diego Building Inspection Services ■ Oceanside As -Needed Project Management Services • County of San Diego Field Inspections/Special Inspections • Ontario On -Call Construction Management & Inspection • Cypress On -Call City Engineering/CM/Testing & Inspection • Orange County Project Management ■ Elsinore Valley Municipal Water District Near Term Water ■ Placentia On -Call Civil Engineering Services Supply & CIP Program Management ■ Santa Ana On -Call CM & Inspection Services • Fullerton On -Call Professional Engineering Services/Staff • Seal Beach Municipal Engineering & Staff Augmentation Augmentation • Seal Beach PM & Constructability Review for Various Sewer ■ Hawaiian Gardens On -Call City Engineering/CM/Testing & Projects Inspection Services ■ Signal Hill On -Call City Engineering/Plan Check
GENERAL APPROACH
Ardurra has a history of providing services for large on -call contracts to numerous agencies throughout California. Because of this experience, Ardurra has a strong understanding of how to address project issues and the needs of public agencies for multiple, concurring tasks. This experience allows us to provide responsive teams led by experienced task managers to solve the needs of our clients in a timely manner.
The Ardurra approach to project/construction management and inspection is designed to safely deliver a high quality project on time and within budget, while monitoring and enforcing compliance with requisite codes, standards, permits, plans, and specifications. The firm uses proven methods for performing the multitude of tasks that dictate the success of a construction project, maintaining continual and transparent communication.
The Ardurra team fosters productive collaboration and cooperation among all stakeholders, from the contractor to local businesses to residents. Potential challenges are proactively identified and addressed before they become significant budget issues and schedule delays.
By utilizing Ardurra, clients are kept informed on a real-time basis and know thatArdurra's guiding principle is to always act in its client's best interest.
City of Placentia
On -Call Construction Management and Inspection
17 G. SCOPE OF WORK
Ardurra accepts the scope of services as presented in the City's request for qualifications to include but not be limited to contract administration, resident engineer, project management, construction inspection, and construction site manager. Ardurra will be utilizing in-house staff to complete the assignments to meet City needs and incorporate the services of Ninyo & Moore for as -needed material testing. As detailed below, we have outlined Ardurra's approach to the scope of work for construction management services. The Ardurra team fosters productive collaboration and cooperation, from stakeholders, to the City and public utilities, to the contractor, and to local businesses and residents. Our firm uses proven methods for performing the multitude of tasks that dictate the success of a construction project.
Contract Administration Ardurra specializes in contract administration services and have provided and continue to support these services to the Cities, such as Anaheim and Santa Ana. The scope of services includes monitoring and administering public works capital improvement projects to confirm compliance with project contract documents, budgets and schedule. Review and approve contractor pay applications, review and approve change orders, and refute and settle project claims in the best interest of the City. Ardurra is well -versed and experienced supporting projects using either traditional design -bid -build or design -build delivery methods.
Resident Engineer Ardurra specializes in resident engineer support services and also presently supports resident engineer services to the several Southern California Agencies. The scope of services includes but is not limited to reviewing and approving schedules and submittals, reviewing RFIs, drafting letters, reviewing change order requests and performing independent change order estimates, monitoring construction progress, pay applications, preparing and conducting progress meetings, and analyzing claims.
Critical Issues Ardurra specializes in providing construction management and inspection services to public agencies. Recognition and implementation of key, time -tested solutions on the following typical issues is imperative to the successful completion of public capital improvement projects.
Safety First and foremost, Ardurra always considers safety the most important issue on any construction project. Ardurra managers and inspectors are at a minimum 10 -hour OSHA -certified. Our team will recommend key safety provisions to require the contractor to have competent safety personnel and site -specific safety programs employed on the project at all times and will monitor the contractor's operations for compliance with the project safety requirements and requisite provisions of state and federal law.
Protocol and Communication Timely and concise communications are essential to the successful completion of any construction mecum. 044 project. Protocol will be determined as appropriate for each project and maintained for the project duration.
The Ardurra PM/CM team is experienced with serving as the primary project contact, acting as the hub of communication with timely distribution of requisite correspondence and documentation to all respective stakeholders as applicable. In addition to time -tested and efficient construction administration and project controls procedures, documents, and programs, Ardurra offers the web -based collaboration of Procore or CIPO. Both software are widely used cloud -based construction software that maximize the efficiency of managing construction projects while connecting project participants to critical project documents and real-time project data.
Quality Assurance/Quality Control Management Process Ardurra's construction management quality assurance and quality control process start with standardization of successful procedures. All projects utilize Ardurra's standardized project electronic filing system, which is mirrored with a binder -based hard copy indexed system.
Constructability Review of Bid Documents Constructability reviews will be conducted as requested by the City. A punch list of comments and recommendations will be submitted to the City for consideration and implementation with the project designer.
Bid Analysis Diligent and time -tested procedures for review and evaluation of bids will be utilized as the basis Ardurra's recommendation to the City of the contractor to be selected. The following items will be researched, reviewed, and analyzed.
Documents Tracking and Control Complete and current project files shall be kept at the job site, or at a location agreeable to the City and shall always be available to the City.
City of Placentia
On -Call Construction Management and Inspection
18 Weekly Statement of Working Days The Ardurra construction manager will prepare a weekly statement of working days (WSWD), in conformance with LAPM Exhibit 16A, Form CEM-2701, documenting the construction progress, time of completion, delays and time extensions, and submit to the Contractor and the City on a weekly basis.
Documentation Interpretation and Technical Assistance Ardurra will perform the coordination between the contractor, design team and City staff to clarify any questions for interpretation of the construction documents. Timely, firm and fair determinations will be processed to minimize cost and time impacts to the project.
Written Instruction Ardurra will issue written instructions to the contractor regarding routine matters and/or follow-up of verbal instructions as necessary to properly document project issues.
Preconstruction Conference Ardurra will coordinate and conduct the pre -construction meeting including notification to the Contractor, utility agencies, and other stakeholders, and prepare the meeting agenda and minutes. The pre -construction meeting will be coordinated and conducted in accordance with Chapter 16 of the LAPM.
Construction Progress/Coordination Meetings and Periodic Project Team/Stakeholder Meetings Stakeholders will focus on the following items.
Progress during the period
Anticipated or pending change orders
Progress and major decisions during the last
week
Major decisions made
Impacts of problems or change orders
on schedule and budget
Update of unresolved items from previous
meetings
Planned vs. actual schedule
Discussion of new goals
Status of submittals and change orders
Upcoming work schedule
Planned vs. actual budget analysis
Special meetings to discuss important/urgent
issues or which require detailed discussion or
review of plans and specifications.
Current/unresolved problems
Contractor's detailed four -week look-
ahead schedule
Status of submittals and change orders
Field Public Outreach The Ardurra team is empathetic to the motorists, pedestrians, cyclists, residents, and businesses that are affected by construction operations, and we will take a lead role to address public relations concerns. All inquiries and issues will be listened to and documented with accurate contact information for prompt follow-up. We are adept at mitigating impacts throughout the construction process and addressing issues expeditiously for resolution in the field whenever feasible. Any issues that cannot be immediately addressed in the field will be communicated through appropriate protocols with recommendations for the most efficient resolution. Ardurra will expedite implementation of the solution that serves the project's best interests, as mutually determined with the City, contractor, and affected parties. We take a proactive approach to reach out to the public, resulting in the successful completion of public works improvement projects in close proximity to adjacent property owners. Strict adherence to allowable working hours, and noise and dust control requirements will be imperative to minimize impacts. Feasible mitigations and PR measures to issues identified will be implemented immediately to minimize impacts to the surrounding public uses. Ardurra's Community and Public Relations group can provide the City with added support for larger and more political outreach programs.
Daily Construction Observation Reports Ardurra will compile daily observation reports documenting the Contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims, resolutions of issues and directions given to the Contractor. The daily reports will follow Exhibit 16-C of the LAPM and will also be utilized for spot-checking the Contractor's Labor Compliance in accordance with Section 16.7.
Storm Water Pollution Prevention/Erosion Control Ardurra will enforce all provisions of the Storm Water Pollution Prevention Plan (if ultimately required) and/or other requisite requirements set forth in the specifications. Upon a weather report of expecting rain, a site walk will be conducted to verify that best management practices are in place and well maintained.
City of Placentia
On -Call Construction Management and Inspection
19 Traffic Controls Ardurra will oversee proper implementation of the traffic control plans by the Contractor and require corrections and diligent maintenance when required.
Photographs Photos shall be taken before construction begins, during construction, and upon completion of the project. Photo files will be maintained electronically, utilized to support project activities and documentation throughout the project, and provided to the City at the end of the project.
Submittal Processing The CM will track all correspondence and submittals on this project. Ardurra will receive all contractor submittals and review them for completeness and general conformance with the contract documents.
Materials Control The CM Team will establish a material receiving process on site such that all materials deliveries are accompanied by proper delivery documentation satisfactory to confirm all products comply with the plans and specifications, approved submittals and bear the requisite certificate of compliance for source, product type and Buy America, as applicable.
Solutions Our proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in problem - solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost and schedule impacts and recommended solutions.
RFIs Upon receipt, the CM will log, distribute, and respond to each Request for Information (RFI) as required. It is anticipated that most will be handled upon receipt. If the design engineer or any member of the City staff is required to answer questions, the CM or Inspector will coordinate a timely resolution.
Change Orders Each issue, which is identified as a potential change to the design, scope, cost, or contract time, will generate change notice. The CM will determine whether a change notice should be considered. The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans or specifications, a Request for Quotation (RFQ) will be sent to the Contractor.
Force Account Daily Extra Work Reports Ardurra will verify and sign the contractor's daily extra work reports documenting force account (time and materials) work. Ardurra will monitor that only appropriate worker classifications necessary for approved time and materials work is included on extra work reports.
Claims Avoidance Ardurra will assist the City with claims filed by the Contractor in accordance with the guidelines set forth by the LAPM Section 16.15, the general specifications, and the standard specifications. Ardurra is well -versed at negotiating and resolving claims amicably between contractors and public agencies.
Schedule Review Ardurra's CM will review the baseline construction schedule including activity sequences and duration, schedule of submittals, and schedule of delivery for products with long lead-times.
Schedule Control During the progress of construction, the Ardurra CM will compare the contractor's schedule updates to the baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the Contractor to keep the project schedule on track. If necessary, Ardurra will negotiate time extensions due to change orders or other delays.
Inspection Services Inspection services will include but are not limited to the following tasks and will be performed on a daily basis:
review and familiarization with contract documents, participate in pre -construction meetings, other meetings, and conferences, as required, be present always, including weekends when construction is in progress, review and in conjunction with the City's project manager, enforce the contractor's proposed construction schedule, monitor and document the contractor's compliance with plans, specifications, and referenced standards, assist in the review of "submittals" required by the specifications, assist with coordination between City's project manager, contractor, and any other entities that may be involved, review contractor performance, and expedite corrective measures for discrepancies as they occur, provide assistance and direction to technicians performing material tests.
Progress Payment Processing A cost control system, based on the approved schedule of values, approved change orders, and the contract amount, shall be developed and implemented to monitor progress costs.
Cashflow Management (Preliminary Notices, Releases and Stop Notices) Ardurra recognizes that the diligent monitoring and tracking of preliminary notices, conditional and unconditional releases is an important component of public construction management, City of Placentia
On -Call Construction Management and Inspection
20 enables the team to stay abreast of the construction contract cash flow and provides for excellent documentation of prompt payment as required by agency funding.
Labor Compliance Ardurra's Labor Compliance group's established program is a 5 -step process to capture, monitor, collect, investigate, and review through Cracker, which is a certified payroll reporting software. Our process of actively monitoring prevailing wage requirements, allows for real-time monitoring of the required documents, DAS140, DAS142, fringe benefit statements, monthly union status, CAC -2 Training Fund Contributions, express, and other requirements of the awarding body.
The Ardurra team will work proactively and cooperatively with the contractor to monitor and enforce the City's and funding agencies' requirements for labor compliance, as follows:
• Verify contractor and subcontractor eligibility through the State Contractor's Licensing Board, DIR contractor registration, and state debarred list.
• Serve as the primary contact person for labor standards issues related to state and federal labor codes. The consultant shall attend the preconstruction conference to provide the contractor and subcontractor(s) with contractor labor compliance handouts and to review the applicable labor standards requirements as mandated by State of California labor compliance requirements. • Inform contractors of the prevailing wages requirements. All services performed under the agreement will be subject to payment of the applicable prevailing wage for personnel performing the work. The submittal of certified payroll records will be required as work is performed or when they are needed to verify compliance with state/federal labor codes. Certified payroll submittals will be available for review by the City and directly submitted to the DIR.
LABOR COMPLIANCE 5 -STEP PROCESS
STEP 1
CAPTURE
Arderra's labor
compliinceteam
captures requirements,
rules, standards,
governance,
regulations,
transparency, policies
and the law for state or
federal projects_
ist
STEP 2
MONITOR
We monitor and
enforce prevailing
wage requirements
on public works
projects, as described
in State Depart merit
of Industrial Relations
(MN l At Code
section 17715 fib) and
Davis -Bacon Federal
peporimentof Labor
�f]OLl projects,
r111J
STEP 3
COLLECT
We utilize LCPTracker
software for collection
and review of certified
payroll requirements
and labor compliance
support documents.
/ STEP 4
INVESTIGATE
We have established
investigative tools
and processes to
effectively combat
prevailing wagetheft
while educating the
public and Jaw -abiding
contractors through
procedures of review
to resolve discrepant.
delinquent, or
Inadequate payrolls.
ELM
STEP 5
REVIEW
Thelabor compliance
team provides monthly
site mlerviewswith
contractor's personnel
at the project site
no cross-reieren€e
against the collected
certified payrolls and
labor compliance
documents.
QA/QC Ardurra will implement the City's established Quality Assurance Plan (QAP) as outlined in Section 16.14 of the LAPM for Non -NHS projects. Ardurra will coordinate QA/QC activities daily and review activities as they happen to make sure that QA/QC procedures are followed, and deficiencies are resolved in a timely and efficient manner. QA/QC is an ongoing task throughout the duration of the project.
Our strategic approach to a quality, timely, and cost -sensitive product includes the following elements:
• Understand the project.
• Select the right people for the project.
• Frequent communication and tracking of project progress are integral to our approach to make sure there are no surprises.
Utilize our project management tools that forecast staff requirements and labor allocations three months in advance. Proper documentation is critical for all projects and will comply with the City's requirements.
City of Placentia
On -Call Construction Management and Inspection
21 Testing and Observations The CM and inspection team will coordinate laboratory, jobsite, and offsite/source inspection and testing of construction materials and required observations per the QAP, LAPM, construction documents, construction codes, and Jurisdictional Agencies.
Project Closeout Ardurra will expedite close-out of the project according to the plans and specifications, receipt of close out submittals from the Contractor, and preparation of the required forms per Chapter 17 of the LAPM including the federal report of expenditures, report of expenditures checklist, final inspection form, federal aid final invoice, final DBE utilization report, materials certificate, statement of materials used by contractors, other supplemental forms, and/or backup documentation.
Pre -Final Inspection The CM and lead inspector will perform the final job walk and prepare the punch list (deficiency list). Ardurra will coordinate and observe completion of required corrections. Should the Contractor lag on a portion of the completion of project work, Ardurra will estimate the value of the incomplete items and recommend specific retainage in accordance with the contract to preserve the City s interest.
Final Inspection All corrections must be made before Ardurra recommends processing of the "Notice of Completion". Upon completion of the punch list and final sign off by all project stakeholders, Ardurra will make a recommendation to the City regarding the Contractor's final progress payment request and prepare final progress payment report for submission to the City.
Delivery of As-Builts and Close -Out Documents Ardurra will periodically review the Contractor's as -built updates on the approved job plan set, identify missing items, and require the Contractor to keep as -built records up to date throughout the project as required by the specifications. Ardurra will review the Contractor's submittal of "as -constructed" conditions and compare this submittal to Ardurra's own documentation. Discrepancies will be discussed, resolved, and recorded. Completed "as -constructed" plans will be submitted to City.
Ardurra's tools and efficiency in coordination, communications, and documentation provide the City with a transparent process for the duration of the contract.
TYPICAL DELIVERABLES
ITEM
Correspondence
Project Documentation
Submittals
RFIs
Progress Payments
Inspection Reports
Weekly Statements of Working Days
SWPPP/BMP Compliance
Public Relations Inquiries
Photos and Video
Progress Reports
Project Contacts
Project Calendar
Meetings
METHOD
Outlook/Speea MemosiFormaI Letters
Procore
Procore
Procore
Excel
Adobe FiIlabte Forms or Procore
Excel
Excel
Log - Excel
ProcorelExplorer
Word/Publisher
Outlook
Outlook
Procore/Zoom
FREQUENCY
DailyiContLnuousAs Needed
Daily/Continuous
Daily. as required; 72 -hour turnaround
Daily, as required; 72 -hour turnaround
Measurements — Daily:
Quantity Measurement Report — Monthly
Daily
Weekly
Weekly
Daily, as required
Video Pre -Project, Photos Daily
Monthly and as required
Daily
Daily
Weekly and as required
City of Placentia
On -Call Construction Management and Inspection
22 H. TEAM ORGANIZATION
PRINCIPAL -IN -CHARGE
Dino D'Emilia, PE, F.ASCE, Q❑'
CITY OF PLACENTIA
Project Manager
PROJECT TJNAGER &
PRIMARY CONTACT
QmarAkameddlrte •
PROJECT MANAGERS
Omar Alameddinie
Dino D'Emilia, PE, F.ASCE. QSD'
Deborah ❑eeow, PE
Anima Ub iataes, PE, OS❑, ENV SP
Lisette Bice, PE, QS❑, ENV SP
Lea Reis, PE, QSD+P'
Mark Lewis, PE, TE'
Ken Row -held, FE, QSPh], ENV SP
Bradley Waldrop, PE'
John Wolitarsky, CCM`
Gafur Oyewo*
Stephen Badum, PE
Jose Hernandez, PE, OLSD/P
Dee Yeh, CMIT
Karen Brow -Castro
Joseph Mullaney
Bob Merrell. PE
Adilia Miller, PE
Andrea Mosqueda, PE
Eli Farah, PE
Miguel Hurtado, P£
Dennis Jue, PE, TE
Amy. Czajkowsld, PE, CCM, QS❑iP
Jamie Fagnanl, PE, OSD
Kirilt ❑olinskiy, PMP
Alan Hargis, OMIT
Brad Nguyen, PE, PLS
Sarila Lomons. PE
Brandin Checkos
Rob Weber, PE
Aric Gnesa, PE, DB A
Anders Egense, PE
Ryan Huston, PE
Rick Kennedy. PE
Patrick Mulvey. PE
Kartlyn Leong, PE
PROJECTIQOCuMENTS CONTROL
Dustin Blackwell, OMIT
Karen Brown -Castro
Rakan Khraisat, OMIT
Kelly Leyva, CM IT
Dee Yeh, CMIT
Naomi Johnson
Neah Johnson
LABOR
COMPLIANCE
Nancy Cambra
Robin Babka
' Key personnel
COFISTRIJCTAI ILITY REVIEW &
VALUE ENGINEERING
John Wolitarsky, CCM'
Dino D'Emilia. PE. F.ASCE, CST
Bradley Waldrop, PE'
COMMUNITY' OUTREACH
Gabriela Dew
Rebecca Cale
CONSTRUCTION MANAGERS
Omar Alameddine*
Dino D'Emilia, PE, F.ASCE, QSD*
Joan Wolitarsky, CCM'
Lea Reis, PE. QSDJP'
Mark Lewis, PE, TE'
Gafur Qyewo'
Bradley Waldrop, PE'
Joe StoaIU y, PE. QSD
Karen Brovm•Caslro
Joseph Mullaney
Mahina Slu, CMfT
Dee Yeh, CMIT
Scott Adamson, PE, OS❑IP
Amy Czaj*owski, PE, CCM, QSDIP
Lucas Findlay, PE, OSDIP
Jeff Moo* PE, CCM, OS❑IP
Ken Beck
Brad Holmes
INSPECTORS
INSPECTiON SERVICES MANAGER
Gafur Oyewo•
Con Wren, Jr' Jue Stoakley, PE, 08D
Eric Egurrola' Lucas Findlay, PE, QSD/P
Manuel Brienes Nathan Wolitarsky
Eric Nunez Michael Bailey
Matt Reagan, QSP Dustin Bender
Chip Vanderbeek, QSP Mark Castro
Miguel Alvarez. PE Juan Cessna
Brian Briones Grant Clavier
John Dela Cruz, QSP Juah Fretwell
Alex Di Jay Jordan
Brian Doing, PLA Robert Keleman
Garrick Frost Jahn Klimuszka
Naomi Johnson Joe McMahon
Ratan Khraisat, CHIT Danny Robinson
Joseph Mullaney Andrew Weekly
MATERIAL TESTING di
/aura
City of Placentia
On -Call Construction Management and Inspection
I. PROPOSAL STATEMENTS
Per the requirement of the RFP, below are Ardurra's proposal statements identified below in your RFP response.
A. Ardurra will perform the services and adhere to the requirements described in this RFP. (No addenda were issued) B. Subsequent to award of this RFP, Ardurra understands and acknowledges that all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
C. Not applicable.
D. Ardurra understands and acknowledges that substitution of members of its designated team is prohibited unless approved by the City of Placentia staff which declares there is no Conflict of Interest.
E. Ardurra declares there is no Conflict of Interests.
F. Ardurra attests that it has not engaged in any acts of Collusion with other proposing firms.
G. Ardurra takes no exception to fulfilling the indemnification and insurance requirements contained in the sample contract. (Certificates of Insurance are not required as part of the proposal and will be provided upon request from the City.) City of Placentia
On -Call Construction Management and Inspection
24 J. CERTIFICATION OF PROPOSAL
APPENDIX
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City,
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.
5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the requirements except for those disclosed by the firm in project proposal, listed on an attachment.{See" xreptians"anpage26ofthispropasaII)
6. The proposal shall be valid for 90 days from JANUARY 9, 2024.
Name of Firm: Ardurra Groupr Inc.
By:
(Authorized Signature)
Type Name: Dino D'Emilia, PEr F_ASCE, QSD
Title: California Public Works Practice Director
Date: January 30, 2024
City of Placentia
On -Call Construction Management and Inspection
EXCEPTIONS
Ardurra has reviewed the City's Sample Agreement included in Appendix "A" of the On -Call Construction Management and Inspection Services RFP NO. PW-24-01. The RFP included a sample contract that was for Landscape Architecture and Accessibility design. If the Contract for construction management has different clauses and sections included, Ardurra respectfully requests to review and comment on those clauses prior to execution. In addition, if there is an opportunity to make adjustments, we ask the City to consider the following modifications to items 5.1.(d), 5.2.(c), and 6.8 of the Agreement:
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined sinc le limits, per occurrence Aclaim and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
5.2. Endorsements.
(c) Other insurance: "The Consultant's insurance coverage (except for workers compensation and professional liability) shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
6.0. GENERAL PROVISIONS
6.8. Indemnification and Hold Harmless.
Consultant agrees to c c -end, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and a c a'ms, demands, actions, suits oothe- egal 'occedirc s damages or losses arising out of, 3ertaininc to, or re a -ing to the ncc igencc, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. he defense ob icatior provided cor hereunder sha ca y wherever any c aim, action, comp aint or suit asserts liabi ity ac ainst the C'ty, its e ected and appointed oficia s, o—icers, ac ents and cmp oyccs based upon the nec is once, -cc( cssncss, or wi -u misconduct o • the Consu tan its cmp oyccs, and/or authorized subcontractors under this Ac rccmcnt, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be iab c. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
City of Placentia
On -Call Construction Management and Inspection
26 Omar Alameddine
/\\/
ARDURRA
January 30, 2024
City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
SUBJECT: COST PROPOSAL TO PROVIDE ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES Dear Chris Tanio,
Enclosed is Ardurra Group, Inc.'s cost proposal for On -Call Construction Management and Inspection Services for the City of Placentia. Attached is a schedule of hourly rates for our team, including the following subconsultant:
■ Ninyo & Moore (N&M)
We look forward to serving the City of Placentia on this as -needed contract. Please feel free to contact Omar at 949.533.3012 or [email protected], or Dino at 714.458-0703 or [email protected] if you have any questions or need additional information.
Respectfully submitted,
Ardurra Group, Inc.
Dino D'Emilia, PE, F.ASCE, QSD
Project & Construction Management Group Leader California Public Works Practice Director City of Placentia
On -Call Construction Management and Inspection
1 ARDURRA GROUP, INC. (CALIFORNIA)
2024 Standard Billing Rate Schedule
Rates Effective through December 31, 2024
Staff
Hourly Rate'
Principal
$330
Project Executive / QA/QC Manager
$290
Senior Program Manager
$280
Program Manager
$265
Principal Project Manager
$290
Senior Project Manager
$26
Project Manager
$230
Asst. Project Manager
$180
Principal Construction Manager
$290
Structures Representative
$270
Senior Construction Manager
$260
Construction Manager
$230
Asst. Construction Manager
$180
Project Controls Engineer, Labor Compliance
$165
Documents Control, Administration
$135
Regular Time
Hourly Rate
Overtime Hourly Rates
Staff
Rate
2 Mon — Fri
2 Sat.
Sunday/
Holiday
PE Licensed Inspector (Prevailing and Non -Prevailing Wage)3'4'5'6 $205
$287
$287
$369
PE Licensed Inspector (Prevailing and Non -Prevailing Wage - Special Shift) 3'4'5'6 $210
$294
$294
$378
Public Works Inspector (Prevailing Wage)3' 5' 6
$198
$277
$277
$356
Public Works Inspector (Prevailing Wage - Special Shift) 3'4'6'6 $202
$283
$283
$364
Accessability Expert/ CASp Inspector6
$305
$427
$427
$549
DSA / OSHPD Inspector of Record 6
$225
$315
$315
$405
Deputy Inspection (Prevailing Wage) 3'5'6
$185
$259
$259
$333
NDT Testing (Prevailing Wage) 3' 6' 6
$185
$259
$259
$333
Public Works Inspector (Non -Prevailing Wage) 5
$165
$231
$231
$297
Notes:
1. The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services. Construction management software is not included in the base rate.
2. Rate applies to the first four hours of overtime during the week and /or first eight hours of overtime on Saturdays; all overtime in excess of four hours during the week or eight hours on Saturdays is paid at the Sunday/ holiday rate.
3. Prevailing Wage Rates are subject to increases pursuant to the State of California's Department of Industrial Relations Wage Rate Determinations. Ardurra's Billing Rates will increase in proportion to the DIR increase, plus overhead and profit. The current rates are based City of Placentia
On -Call Construction Management and Inspection
2 on Determination SD -23-63-3-2023-2D, issued 8/22/2023. The above billing rates increase by $5/hour on July 1, 2024 to adjust for a predetermined increase.
4. A Special Shift is any shift that starts after 5:OOPM and before 6:00 AM.
5. The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order #16-2001:
• Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4 -hour minimum • Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2 -hour minimum
6. For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely for Ardurra as the prime contractor specific to the awarded contract name and amount. A half-hour per week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments.
7. Web -Based Contract Administration: Selected/specified cloud -based service billed at cost plus fifteen percent (15%).
8. Fees for subconsultant services: Billed at actual cost, plus fifteen percent (15%) to cover overhead and administration.
9. Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non -salary costs that are directly attributable to the project, such as regular commuter travel costs, standard equipment, tools and software, etc., are included in the fee estimated above. Extraordinary expenses, such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone line and/or internet service charges, non -commuter project miles and/or other travel expenses to remote (over 50 miles one-way) fabrication yards/batch plants, overnight postage/couriers, etc., are billed at actual cost plus fifteen percent (15%) to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate ($0.655/mile). An allowance for extraordinary charges is included as Other Direct Costs (ODC) in the fee table above. Extraordinary charges above and beyond the estimated ODC allowance will not be billed to the client unless specifically included in the contract or requested and approved by the client in writing prior to incurring the additional expense.
10. Escalations: This rate schedule is effective through December 31, 2024. Should the contract duration be extended beyond December 31, 2024, rates will be subject to prevailing wage increases as noted above, as well as an adjustment of five percent (5%) per calendar year or in accordance with the Consumer Price Index, whichever is greater.
11. Exclusions to Scope and Fee: The following items are specifically excluded:
• Legal advice
• Temporary field office facilities, equipment, furniture, utilities and/or services • Engineering support
• Hazardous materials monitoring and/or testing
• Acceptance and/or Independent Assurance Sampling and Testing (IAST) services • Specialized software other than MS Office Suite, MS Project and/or P6 Viewer • Other services not specifically enumerated in the scope of services City of Placentia
On -Call Construction Management and Inspection
3 The rates, shown below, are for Ardurra's subcontractor Ninyo & Moore (N&M) and do not include Ardurra's markup indicated in the Ardurra rate schedule notes above.
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certfed Industnal Hygienist Senior EngineerfGeotogistiEnvironmental Scientist
Senior Project Engineer/Geologist/Environmental Scientist Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer'GeologistrEnvironmental Scientist Staff Engineer/GeologisltEnvlronmental Scientist
GIS Analyst
Technical MustratortCAD Operator
Field Staff
Certified Asbestos/Lead Technician
Field Operations Manager
Nondestructive Examination Technician (UT, MT, LP)
Supervisory Technician
Special Inspector (Concrete, Masonry Structural Steel, Welding. and Fireproofing) Senior Technician
Technician
Administrative Staff
information Specialist
Geotechnical/Environmental/Laboratory Assistant
Data Processor
$ 210
$ 200
$ 195
$ 185
$ 170
$ 155
$ 130
$ 110
$ 195
$ 130
$ 125
$ 120
$ 115
$ 110
$ 110
$ 90
$ 95
$ 75
Other Charges
Concrete Coring Equipment (includes technician)
Anchor Load Test Equipment (includes technician)
GPR Equipment
Inclinometer
Hand Auger Equipment
Rebar Locator (Pachorneter)
Vapor Emission Kit
Field Testing Equipment
X -Ray Fluorescence
PID/FID
Air Sampling Pump
Field Vehicle
Expert Wrtness Testimony
Direct Expenses
Special equipment charges will be provided upon request. $ 190fhr
$ 1901hr
$ 180mr
5 10O/hr
$ 80/hr
$ 25/hr
$ 651k it
$ 12Thr
$ 70htr
S 25/hr
$ 101hr
$ 15/hr
5 450fhr
Cost plus 15 °1
Notes
For field and laboratory technicians and special inspectors, ovenime rates of 1 5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Fnday and all day on Saturday. Hates at twice the regular rates will be charged for all work in excess of 12 hours in one day. all day Sunday and on holidays.
Field technician and special inspection hours are charged al a 4 -hour minimum, and 8 -hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction wilh the increase in the Prevailing Wage Determination during the life of the project as applicable
The Terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form.
Hinya & Moore I Prcsecf Nine I Procusal tic 4 Da)
Cat.
City of Placentia
On -Call Construction Management and Inspection
Schedule of Fees for Laboratory Testing
SOLS
Atlerterg Limes, Cr 4318, CT 204
Caliornia Bearing Rabe (MR). 01883
Chbnde and Sulfate Coro* CT 417E CT 422
Cuspidation. D 2435. CT 219
Consosdatcr. . HydmCdlapsa any. 0 2435
Cansoidatr n - Tem Rite, 0 2435, CT 219
Died Shear - Renndded. D 3080
Direct Shear- llndsbobed. 0 3080
Duraalry Index. CT 229
Expansion Index. D 4829, MC 18-3
Expansion F nlal (Meltad Al, D 4548
GeolabrcTensile and Elcrgalicn Test 04632
HyArattic Otsduclinty, D 5084
HyA ariMerMaysis. 0 422. CT 203
Moisture, Ash, & Organic AAaner of PeatCrgatic Sorts
Wave Or y. D 2216. CT 226
Masture and 0ensdy,13 2937
PC+'e+eabiity CH. D 2434, CT 220
pH and Resistivity, CT 643
Prom( Denary 01557.0 698, CT 218, PASHTO T.180
Procne Density with Rock Corral= 01557
R -value, D 2844. CT 301
Sand Equtralent 02419. CT 217
Sena Analysis, D 422. CT 202
Sere Anaysa. 200 Wit, 0 7140, CT 202
Specific Gravity. D 854
Thermal Resnstmly AMA 5334. EEE 442)
Thaw! Shear. C.D. D 4767. T 297
Trine] Shear. CU . ropers pressure, D4767. T 2297 per pl Trnaual Shea' C U sria pone oasis, 04767.12297 perpt
Trianal Shear. U.0 . D 2850
Unconfined Compression. D 2166.7 208
MASONRY
Siva Absorption, 24-nour swxnerrsnon, 5 -hr wing. 7 -day. C 67 Etre* Compression Tell. C S7
firck Efflorescence. C 67
Brick MadtAss of Rowe. C 67
Bade Mofsdxe as received. C 67
Sock 5aaeation Coefficient C 67
Concrete Nock Compresstai Ted. 8*(16. C 140
Corscreie Black Cordonrance Package. C 90
Concrete Block Liiear Shrnkage. C 426
Concrete Sod Uric Wegil and Absorpeorl. C 140
Cores. Cortipression or Shear Bond. CA Code
Masonry &out 323x6 pnsm oompresssn, C 39
Masonry A1ortic 2x4 Cyander cpnprossron, C 109
Masonry Pierre, has sire. campresmn, C 1019
masonry Prisn. Fyit sine. compre•.,sun. C 1019
REINFORCING AND STRUCTURAL STEEL
Cherrecz,a T!,srs A 36. A 615
Fdepronfrg Density Test. UBC 7-6
Hardness Test Rockea i A 370
High Strength Bolt. Nut 8 Washer Conlomtarne,
per assembly. A 325
Meidwicaay Spiced Reuifbrcmg Tars4e Test ACI
Pre -Stress Strand (T wire}, A 416
Re>nbrng Tensile or Bend up ss No. 11, A 615 & A 706
Struclurai Steel Teel. Test Up b 200.000 bs . A 370
Welded Reinfarrng Tensile Test Up to Ns 11 bers. ACI
170
550
175
300
150
200
350
300
175
190
170
200
350
220
120
35 45
300
175
220
340
375
125
145
100
125
925
550
450
350
250
180
70 55
55 so
45 60
70 500
200
TO
70 45
35 120
200
135
90 80
150
175
170
75 90
&0
CONCRETE
CompreeSias Testes 602 Cylrier. C 39
Carmel We Design Reimer. Jab Spec
Concrete Aix Design, per Teal Batch 6 cylinder. AC r
Gamete Cores, Coripreeei0n yexcludes serving). C 42
Drying Slrxlkage. C 157
Flewsil Test C 78
Flexural Test C 293
Flour* Test CT 523
Gu e/Shoirrete. Panels. 3 cut cores per panel and lest ACI Lighttvwni Contain fid. Compression. C 495
Pe4ograptric Analysis C 856
Restrained Expansion of Shrinkage Compersal rn
Scleang Tensile Stenger. C 496
3x6 Grout tcLSkry C 39
2:2x2 Non -Stalk Grout C 109
ASPHALT
Az Voids, T 269
Asptait Mot Design. Caftans (rid ke;rega a Dually)
Asp8Wt Also Design Renew, Jed Spec
Dust Pravrloni . CT LP -4
Estado", % Mpha . inckring Gradahcn, 0 2172. CT 382
ExtiacIon. % Asphalt *tout Gradalon, D 2172, CT 382
F*n Skippkg, CT 302
Hveem Stabler and Unl Wage D 1560. T 246, CT 368
Marshal Stabity, Five and Unit Weight T 245
MaudrAnn Theeercal libel lAeght 0 2041, CT 309
Moeexe Conant CT 370
Moisture StnsoaplbNy and Tensile Stress Rate. T ?38, CT 371 Sksry Wet Track Abrasion, 03910
Storpere, AsphallAx VMlcaloe (i1r! Aggregate Ouaily}
Si. alpave. Gram Unt Wt. T 312
Separpava. Hambrrg *dol. 20 000 passes. T 324
Une Weight ample ce we. D 2726. CT 305
Voris n Unseal Aggregate. (WA) CT LP -2
Voids I4ed with Asphalt (VFA) CT LP -3
Wax DerrMy, D 1186
AGGREGATES
Clay Lumps and Friable Panties. C 142
Cis Value. CT 227
Crushed Particles. CT 205
Durably. Coarse or Foe. CT 229
Fine Aggregate Angularly. ASTLI C 1252. 7304. CT 234
Rat and Ebngaead Parade. D 4791
Lightvraghi Pantiles. C 123
Los Angeles Mrasot. C 131 or C 535
Materiel Filer than No 200 Save by Yrashng. C 117
°rpm c hanks, C 40
Palmas(Atsi Read gily. thralls Bar 1lethod, Coarse, C 1260 Pbtmba Atla&Rascally. Monisair Me8rod, Fine. C 1260
Potential Reecswty of Aggregate (Chemical A4ettibd1. C 289 San Espirito -4, T 178.CT217
Save Analy is, Corse Aggregate, T 77. C 136
Sieve Meysis, Frne Aggregate i,,colydng wash). T 27. C 136 Soiitxn SiskMe Sansndness. C 88
S4ecir:Crawly ire! AbsorAxn Coarse. C 127, CT 206
Spade Gravy and Absora6cn Fate C 128. CT 247
ROOFING
Roofing Tle Absorpltxl. (set of 5). C 67
Rosingg Tie Sterges Teat (set of 5). C 67
Scapa' preparaoon of stxriard lest specmens via be charged at fire tedihpari s hourly rale Nisyo & Moore s accredited to perform the AASHTO egrna'ent or many ASTM lest protedtres 5 35
$ 30D
5 850
5 120
5 400
I 85
$ 85
5 95
5 275
5 so
$2000
5 450
S 100
5 55
5 55
5 85
$ 4.500
5 180
S 85
5 750
s 150
5 120
$ 025
S 4:
5 150
S 95
S1.06D
5 150
5 4.900
100
51.000
5 100
5 90
S 90
S 140
5 180
5 960
S 975
5 205
5 160
S 220
S 180
5 200
5 90
5 90
51250
5 950
S 475
5 125
5 120
5 945
5 450
5 115
5 175
5 250
S 250
NFsyo & Moore 12019 Latnraspp Tesing
City of Placentia
On -Call Construction Management and Inspection
REQUEST FOR PROPOSALS (RFP)
ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE
CITY OF PLACENTIA
RFP RESPONSES TO BE RECEIVED UNTIL
5:00 P.M., TUESDAY JANUARY 30, 2024
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
Date Issued: JANUARY 9, 2024
REQUEST FOR PROPOSALS (RFP)
FOR
ON -CALL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
FOR THE
CITY OF PLACENTIA
TABLE OF CONTENTS
1 INTRODUCTION
3 2
PROPOSAL SCHEDULE
5 3
SCOPE OF WORK
5 4
ASSURANCE OF DESIGNATED PROJECT TEAM
10 5
PROPOSAL FORMAT REQUIREMENTS
11 6
REQUIRED PROPOSAL STATEMENTS
14 7
EXCEPTIONS
14 8
RESOURCE ALLOCATION AND COST PROPOSAL
14 9
SUBMITTAL INSTRUCTIONS
15 10
EVALUATION CRITERIA
17 Appendix "A" — SAMPLE CITY PROFESSIONAL SERVICES AGREEMENT Appendix "B" — SUMMARY SHEET
Appendix "C" — CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. INTRODUCTION
The City of Placentia ("City") seeks competitive proposals from qualified firms to provide On -call Construction Management and Inspection Services. A Professional Services Agreement will be entered into with multiple qualified firms to provide construction management services for a variety of projects on an on -call basis. On an on -call, as -needed basis, the selected firm(s) may later be asked to provide construction management and inspection proposals on a specific, project -by -project basis, based on an agreed -upon specific scope of services and fees.
The firm shall provide general Construction Management and Inspection services to support construction efforts and serve as an extension of City staff to assist in the overall delivery of projects, including preconstruction tasks, managing construction, and ensuring that the work is completed in accordance with the contract documents, and project closeout and commissioning phase. The consultant team will report directly to the City's Project Manager or their authorized representative. City staff may assist in managing construction and will oversee the work of the consultant's Project Manager, Inspector, and Contract Administrator.
Firms must provide construction management services and contract administration in conformance with the requirements set forth in the State's Construction Manual, State's Local Assistance Programs and Procedures Manual, OCFCD encroachment permit/requirements, and other Agencies regulatory permits/requirements. The construction manager is expected implement contract requirements and comply with all Federal and local guidelines, as required, in order to successfully execute the project in a timely and cost-efficient manner.
Technical questions about the requested services that might require a clarification of the Request for Proposals (RFP) shall be made only in writing to the Q&A section located in PlanetBids no fewer than seven (7) calendar days prior to the date and time set for opening of proposals and responses shall be provided in writing. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. This RFP includes a description of the scope of work, proposal requirements, and instructions for submitting your proposal.
Please do not contact City departments or other City staff directly. Information provided by other than the above contact may be invalid and proposals which are submitted in accordance with such information may be declared non -responsive.
Any changes, additions, or deletions in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids. Addenda shall become part of the agreement documents.
It is the proposer's sole responsibility to monitor PlanetBids for possible addenda to this RFP. Failure of proposer to retrieve addenda from this site shall not relieve the proposer of the requirements contained therein. Additionally, failure of proposer to return signed addenda, when required, may be cause for rejection of his/her proposal.
Proposals must conform to the requirements of this RFP to be considered for award and successfully submitted through the electronic bid management system at:
https://pbsystem.olanetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
The City reserves the right to waive any irregularity in any proposal or to reject any proposal that does not comply with this RFP. The City alone, using criteria determined by the City, will select the qualified firm and/or consultant. The successful consultant to whom the contract is awarded shall, within ten (10) days after being notified, enter a contract with the City for the work and shall furnish all required documents necessary to enter said contract. Failure of the successful consultant to execute the contract within said ten (10) days shall be just cause for the City to contract with the next ranked consultant.
By submitting a proposal, the proposer agrees to all of the terms of the RFP and the Agreement (Appendix A), unless exceptions to the RFP or the Agreement are stated by the proposer in its proposal. The successful proposers will be required to enter into an Agreement, which will include the requirements of this RFP as well as other contract requirements. In the delivery of these services, the term of the agreement shall be for three years with the option for two additional one-year term extensions.
The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.
2. PROPOSAL SCHEDULE
The schedule is as follows:
• Advertisement Date — JANUARY 9, 2024
• Q&A Due on PlanetBids — January 23, 2024 by 5:00 p.m. • Proposals Due on PlanetBids — JANUARY 30, 2024 by 5:00 p.m. • Hard copy proposal Due at City Hall — February 1, 2024 by 5:00 p.m. • Proposal Evaluations/Interviews, if necessary — February 2024 • City Council Contract Award and Selection* - March 2024 *The City expects, but does not guarantee, that the decision on selection of a firm will be made by the City Council on the date indicated above.
3. SCOPE OF WORK
The City desires to engage construction management firms that will ensure that not only are City capital projects built per plan and specifications but that will also ensure a high degree of quality craftmanship in the final product. The City's expectation is that selected CM/inspection teams will enforce a high attention to detail on project deliverables to ensure a high -quality finished product.
The majority of capital improvement and construction projects within the city include, but are not limited to, the following:
• Street rehabilitation
• Sewer improvements
• Signing and striping improvements
• Storm Drain improvements
• Bridge construction
• New building construction
• Irrigation and landscaping
• Site Improvements; concrete sidewalk, etc.
• Streets and park lighting
• Parks and Recreation facility improvements
• Mechanical systems
• Electrical systems
• Traffic Signal Improvements
The required services shall be performed by the consultant Project Manager, Inspector and Contract Administrator.
A. Project Manager/Resident Engineer
• The consultant Project Manager shall represent the City in the field. The Project Manager shall possess a minimum of (5) years' experience in construction management.
• The Inspector and the Contracts Administrator should have relevant experience in construction management and certifications or references that affirm the said experience.
B. Bid Analysis
• Prior to the start of the project, the Project Manager shall be responsible for conducting a bid analysis to determine the lowest responsible bidder.
C. Staff Report
• Preparation of staff reports for contract award to the lowest responsive and responsible bidder. Coordinate with the City to determine funding sources, publication dates, environmental and fiscal impact, and schedule of award to meet the City's deadlines.
D. General Construction Administration
• Coordinate with the City to define roles and responsibilities during construction and develop a construction management plan. • Co -lead the pre -construction meeting and schedule and conduct regular construction and progress meetings to discuss such matters as procedures, progress, problems and scheduling. Will prepare and promptly distribute meeting minutes.
• Record the progress of the project. Submit written daily and progress reports to the City. Keep daily logs containing a record of weather, contractor's work on the site, number of workers and equipment, work accomplished, problems encountered, and other relevant data. Make the log available to the City. Prepare and send Weekly Statement of Working Days to the contractor. Monitor contractor's compliance with labor code requirements.
• Maintain, at the job site, records of contract documents including drawings, addenda, change orders, and other modifications of plans and specifications marked to show all changes made during construction.
Maintain as -built records of underground utilities, including locations and depths of trenches. At the completion of the project, deliver to the City all contract documents including as -built records.
• Consult with the City when the contractor requests interpretations of the meaning and intent of the drawings and specifications and assist in achieving the resolution of problems which may arise.
• Coordinate with the City and contractor to incorporate a centralized platform where all documents are filed and distributed amongst the project team.
• Consultant shall be responsible for ensuring that all building permits, special permits, if required are obtained, and that all applicable fees have been paid, and shall obtain approvals from authorities having jurisdiction over the Project.
E. Submittal/RFI Review & Processing
• The Project Manager shall be responsible for review of completeness and quantity of all required shop drawings, product data, samples and other submittals ("Submittals").
• The consultant team shall transmit the Submittals to City staff for review and approval and shall establish and implement procedures for expediting the processing, approving, and distribution of Submittals. • Project Manager shall develop, maintain, and manage all submittal/RFI logs.
• Determine the workflow on for all Submittal/RFI review including City staff, design engineers, contractor personnel, and the construction management team.
F. Constructability Review
• Consultant shall review project plans and specifications to determine its "constructability". Consultant shall also review construction schedule, including activity sequences and duration, schedule of submittals and schedule of delivery for products with long lead-time. The project schedule shall be updated as required showing current conditions and revisions required by actual progress.
• The individuals, Project Manager, Inspector and Contract Administrator, shall not be responsible for construction means, methods, techniques, sequences and procedures employed by the contractor in the performance of the contract, and shall not be responsible for the failure of the contractor to carry out work in accordance with the contract documents. However, any errors, omissions, or discrepancies found in the Contract Documents shall be called to the attention of the City's Project Manager and clarified prior to construction start.
G. Change Order Review
• Consultant shall conduct a comprehensive evaluation of change order requests, provide independent estimates, render recommendations and assist in claim resolution.
• Consultant shall monitor and report on the status of the Project Construction Budget on a monthly basis, indicating actual costs for completed activities and work in progress, and indicating estimates for uncompleted work. Report should identify variances between actual and budgeted or estimated costs and shall advise the City whenever it appears that the Actual Construction Cost has exceeded, or will exceed, the Project Construction Budget for the entire Project or any Project Component.
H. Safety
Monitor the contractor's safety program. Take necessary steps to ensure the jobsite conditions are in compliance with OSHA regulations.
I. Progress Payments
• Consultant shall maintain cost accounting records on authorized work performed under unit costs and additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
• May develop and implement procedures for the review and processing of applications by contractor for progress and final payments. • Make recommendations for certification to the City for payment. • Provide status of monthly certified payroll reports and monthly as-builts updates as backup for each payment submitted to the city for review.
J. Material Testing
• Consultant team to provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ("Green Book") and Caltrans Standard Specifications.
• Provide inspections for installation of precast and cast in -place concrete, welding, high strength bolts, structural steel, masonry, painting and other types of work in accordance with the California Building Code (CBC) and the contract documents.
• Available tests may include the following:
• Mix Designs
• Concrete
• Concrete Blocks
• Brick Masonry
• Masonry Prisms
• Mortar and Grout
• Fireproofing
• Soils and Aggregates
• Asphalt Concrete
• Reinforcing Steel
• Environmental
K. Inspections
• Consultant shall determine that the work of contractor is being performed in accordance with the contract documents.
• Make recommendations to the City regarding special inspection or testing of work not in compliance with the provisions of the contract documents.
• Subject to review by the City, reject work which does not conform to the requirements of contract documents.
• Facilitate and coordinate inspection by representatives of other agencies, as needed.
• Evaluate the completion of the work of the contractor and make recommendations to the City when work is ready for final inspection. • Assist the City in conducting final punchlist inspections. • Schedule and coordinate special inspection and material testing. • Inspector(s) shall oversee and inspect all aspects of construction to ensure compliance with the Plans, Specifications, and Special provisions.
L. Claims
• Claims submitted by the contractor must adhere to Public Contract Code Section 10240 and 20104.
• Consultant Project Manager shall coordinate with City consultant on claim matters.
• Review all claims and provide an evaluation to the City. Documentation must be provided and reviewed to support any claim.
• Coordinate the resolution of each claim with suggested design changes that may have been caused by unforeseen field conditions.
M. Prevailing Wage / Labor Compliance
• Consultant shall monitor and enforce prevailing wage forms and requirements for conformance to the prevailing wage rates on a weekly basis.
• Shall verify that all Trade personnel listed in the daily log are also listed in the certified payroll and shall conduct weekly employee interviews, one for each trade, and submit verification with the monthly progress payments.
• Perform employee interviews to verify and enforce prevailing wage requirements on a regular basis.
N. Project Closeout
• The Project Manager shall be responsible for all project closeout items, such as: As -Built plans and related documentation, punch list completion, commissioning, warranty requests during the one-year period. Shall schedule and oversee the warranty repair. Should include site visits as requested by the City to look at defects or imperfections to determine if it is a warranty issue.
• Shall provide a close out report outlining any obstacles, violations, and services performed. Shall provide a close out report for but not limited to any violations, fringe benefit statements, missing payroll reports, unsatisfactory employee interviews, claims, and any other documentation related to prevailing wage and labor compliance.
O. Community Outreach
• Consultant shall attend and co -lead a pre -construction meeting with the community. The primary purpose of this meeting is to introduce the CM team to the community and discuss major anticipated construction impacts.
• Project Manager shall coordinate with the City's Communication Manager and communicate with the community regarding impacts related to the construction project.
P. Federal Requirements
• Preparation of Caltrans documentation including but not limited to Award package, interim reports, and final report (close out) to be reviewed by the City.
• Coordinate with the City to ensure Disadvantaged Business Enterprises (DBE) goal is met by contractors and document any changes throughout the length of the project.
• Compliance with any and all state and federal funding requirements for construction and enforce any regulations set forth by these funds.
All tasks listed above shall be required on an as -needed basis. The city reserves the right to add or reduce some of the above tasks and duties as it sees fit. The
consultant, serving as staff extension, shall remain sufficiently flexible to meet the needs of the City and of the project.
4. ASSURANCE OF DESIGNATED PROJECT TEAM
Proposer shall ensure that the designated project team, including sub -consultants as identified in the firm's proposal, is used for this project. Departure or reassignment of, or substitution for, any member of the designated project team or sub-consultant(s) shall not be made without the prior written approval of the City.
5. PROPOSAL FORMAT REQUIREMENTS
Each response to this RFP shall include the information described in this section.
Provide the information in the specified order. Failure to include all the elements specified may be cause for rejection. Additional information may be provided but should be brief and relevant to the goals of this RFP. Excessive information will not be considered favorably.
Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.
All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
Proposals shall be limited to a maximum of 30 pages. Proposals over 30 pages will be rejected. Paper size shall be 8.5"x11" and occasional 11"x17" sheets are acceptable for exhibits and graphics. The cover letter, table of contents, front and back covers, summary sheet, certification of proposal and section dividers are excluded from the page count. The proposal should include the following sections in order:
A. Cover Letter
Shall contain the following information:
• Title of this RFP
• Name and mailing address of the prime consultant (include physical location if mailing address is a PO Box)
• Contact Person, Email address, telephone number, and fax number The City will use email to notify your firm of critical developments such as interview schedules if any, notification of selection/non-selection, etc. Therefore, it is essential that you identify one or more contact persons who have frequent access to email.
The City will not be responsible for delivery failure of email due to firewalls, spam filters, or individuals' failure to retrieve email messages. The City will not attempt to re -deliver any messages which fail due to no fault of the City.
The Cover Letter must be signed by an officer empowered by the Consultant to sign such material and thereby commit the Consultant to the obligations contained in the RFP response. Further, the signing and submission of a response shall indicate the intention of the proposer to adhere to the provisions described in this RFP and a commitment to enter into a binding contract.
1. Proposals submitted on behalf of a Partnership shall be signed in the firm name by a partner or the Attorney -In -Fact. If signed by the Attorney -In -Fact, there shall be attached to the proposal a Power -Of- Attorney evidencing authority to sign proposals, dated the same date as the proposal and executed by all partners of the firm.
2. Proposals which are submitted on behalf of a Corporation shall have the correct corporate name thereon and the actual signature of the authorized officer of the corporation written (not typed) below the corporate name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer.
3. Proposals which are submitted by an Individual doing business under a firm name ("dba") shall be signed in the name of the individual doing business under the proper firm's name and style.
B. Executive Summary
Describe your firm's and sub -consultant's (if any) general experience and qualifications as it pertains to projects of similar scope and size. Identify the services which would be completed by your firm's staff and those that would be provided by sub- consultants. Identify any sub -consultants you propose to utilize to supplement your firm's staff.
C. Project Team Organization
Clearly identify the prime consultant, all subconsultants, and their respective roles.
Show the Project Manager and the key staff proposed for this project, including subconsultants' staff. It is expected that the project team proposed under this proposal will remain unchanged throughout the duration of the project. Replacement of key staff without consultation with the City will not be permitted.
Include contact information and a brief summary of the Prime firm's history and experience providing the requested services on similarly sized and scoped projects.
Include a summary of the firm's experience, if any, with the City of Placentia. Provide a brief resume for each key staff member including their education background, licensing (if applicable), availability, and project experience.
D. Relevant Project Experience and References
List and provide a narrative summary of related project experiences Include a minimum of three (3) similar type/size projects that your team has completed.
Provide a project description, services provided, and construction costs. Discuss whether the design and construction were completed on time and within budget.
Provide a minimum of three (3) references (name, title, agency, and telephone number) from previous experience. Provide no more than one contact person per project as a reference, including agency/company and phone number. Preference is given to project references that have directly worked with staff proposed for this project.
E. Understanding & Approach
Provide a detailed discussion of your firm's approach to the successful implementation of this agreement. Describe your firm/team's understanding duties assigned and identify the approach for key services and/or issues anticipated.
Describe the Project Manager's and firm/team support and approach to ensure the effort is completed on schedule and within the established budget.
F. Scope of Work
Provide a scope of work complementing the City's proposed scope of work describing all tasks required to complete the work and any additional aspects to the work scope the City should and could consider. The scope of work shall provide enough detail to distinguish the varied work effort required, in keeping with the City's desired tasks to be completed.
G. Schedule
Provide a typical schedule or sequence of events to accomplish all the required tasks; include review/approval times for the City and other project stakeholders.
H. Proposed Exceptions
Describe all proposed exceptions, alterations or amendments to the Scope of Services or other requirements of this RFP, including the Sample Contract (Appendix " A"). This section shall be clearly marked "Proposed Exceptions" in your submittal. If no exceptions are taken this shall be clearly stated in this section. The nature and scope of your proposed exceptions may affect the evaluation of your submittal and the City's determination of whether it is possible to successfully negotiate a contract with your firm/individual.
It is necessary to submit these elements with your RFP response. Failure to submit the required information with your response will render your proposal non- responsive.
6. REQUIRED PROPOSAL STATEMENTS
This statements identified below must be included in your RFP response:
A. A statement that the submitting firm will perform the services and adhere to the requirements described in this RFP, including any addenda (reference the addenda by date and/or number).
B. Subsequent to award of this RFP, all or part of any submittal may be released to any person or firm who may request it, as prescribed by the State of California Public Records Act.
C. Proposers shall include a statement that describes the specific portion(s) of their submittal that are considered proprietary and should not be releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.
D. Include a statement of assurance that you will not substitute members of your designated team without approval by the City of Placentia staff which declares there is no Conflict of Interest.
E. Include a statement which declares there is no Conflict of Interests.
F. Provide a statement attesting there has been no Collusion with other proposing firms.
G. Indicate your ability and agreement to fulfill the indemnification and insurance requirements contained in the sample contract. (Please note that actual Certificates of Insurance are not required as part of your submittal.)
7. EXCEPTIONS
8. RESOURCE ALLOCATION AND COST PROPOSAL
Selection of the consultant will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 and 4529.5, stating that selection of professional services is based on competence and qualifications without regard to fee. The fee will be opened and evaluated to ensure the fee is reasonable for the services to be delivered after selection of the consultant based on qualifications is complete. Provide in a separate sealed envelope the proposed billing rates for all expected personnel to deliver services as described in the scope of work.
All cost proposals shall be signed and dated per Section 5.0 above and shall be submitted in a separate sealed envelope.
9. SUBMITTAL INSTRUCTIONS
A. Time, Place and Format
Proposal submission due date: JANUARY 30, 2024 at 5:00 P.M: No proposals will be considered for award unless properly and successfully submitted through the electronic bid management system at:
https://pbsystem.planetbids.com/portal/54600/portal-home by the date and time specified on the cover page of this Request For Proposal. All proposals must be signed by an authorized representative.
All required sections, including pricing, shall be submitted via the website. Bidder is solely responsible for "on time" submission of their electronic proposal. The bid management system will not accept late bids and no exceptions shall be made. Bidders will receive an e -bid confirmation number with a time stamp from PlanetBids, the bid management system indicating their bid was submitted successfully. The City will only receive those proposals that were transmitted successfully.
DO NOT FAX OR E-MAIL.
NOTE: E-Bids/Proposals are sealed and cannot be viewed by the City or any other person or entity until the closing date and time. If you need to withdraw your bid, you may do so at any time before the bid deadline, by going back into the system and selecting "withdraw".
Three physical copies of the final proposal shall be submitted to the City no later than two working days after the proposal deadline. The
consultant project cost proposal shall be submitted in a separate sealed envelope marked "Cost Proposal." Proposer's who do not include physical copies within the specified timeframe will be considered unresponsive and disqualified.
All proposals must be signed by an authorized representative and include the completed Summary Sheet and Certification of Proposal to the City of Placentia provided in Appendix "B" and "C" of this RFP.
Proposals must:
• Show page numbers for all pages in the proposal.
• Be on 8-1/2"x11" page size
• states "On -Call Construction Management and
Inspection Services"
• identifies the proposer
• Must be addressed as follows:
City of Placentia
Attn: Chris Tanio, PE, Deputy Director/City Engineer
401 E. Chapman Avenue
Placentia, CA 92870
• Proposals must address the requirements of the RFP as set forth in Section 5. They should be as concise as possible and must not contain any promotional, advertising or display material.
B. Cost proposal Submittal
A detailed hourly rate schedule shall be required for this RFP. If subcontracting, the rate structure for those services shall be included.
On -call contracts resulting from this RFP will be awarded to firms whose Technical Proposal meets the technical requirements of the RFP.
Proposals will be ranked in accordance with the evaluation criteria stated in this RFP. Should the consultants selected for each task or project be not able to reach an agreement on the fees for design services, the City reserves the right to enter negotiations with any of the qualified consultant on the on -call list.
C. Opening of Responses
All proposals are scheduled to be opened and considered within two weeks after the deadline date shown in Section 2 using evaluation procedures set forth in Section 10. Consultant selection may be delayed or postponed at the discretion of the City.
10. EVALUATION CRITERIA
A. Selection Committee
a. Proposals submitted will be evaluated by a Selection Committee B. Review of Proposals
a. The Selection Committee will use a point formula during the review process to individually score Project Proposals, as outlined in Section C below, "Project Proposal Evaluation Criteria." The Selection Committee will then be convened to review and discuss these evaluations and combine the individual scores to arrive at an average composite Project Proposal score for each firm. Firms that do not meet "Mandatory Elements" listed in Section C1 below will be eliminated from further consideration.
b. After the composite Project Proposal score for each firm has been established based upon the "Qualitative Evaluation" criteria listed in Section C, the Selection Committee may request oral presentations from a subset of those firms with a minimum score of 70 points. Based upon score rankings, the three (3) highest ranking firms may be interviewed.
The Selection Committee may also schedule a site visit, if applicable. c. The Cost Proposal of firms receiving a minimum score of 70 points on the qualitative review will be opened to ensure that the Cost Proposal is reasonable. The cost proposal for these services should consist of hourly rate for all classifications assigned to this project.
C. Project Proposal Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory elements will have their proposals evaluated and scored. The following represent the principal selection criteria which will be considered during the evaluation process.
a. Mandatory Elements
i. The firm is independent and properly licensed to practice in California.
ii. The firm has no conflict of interest with regard to any other work performed by the firm for the City.
iii. The firm adheres to the instructions in this RFQ on preparing and submitting the proposal.
iv. The firm included a Letter of Transmittal in the Project Proposal. b. Qualitative Evaluation (Maximum Points = 100)
In order to be considered the proposer must achieve at least 70 points. (Points will be assigned by the Department Director or Coordinator.) i. Expertise and Experience (60 points)
1. The quality of the firm's and individual personnel's experience in providing professional design and
engineering services for City Capital Improvement Projects as described in the Scope of Services. The quality of the personnel's demonstrated expertise in producing detailed plans and related engineering services.
2. The quality of professional personnel's education,
certifications, licenses, and years of experience designing plans and providing construction support. Demonstrated
commitment to high quality customer service and public
relations.
3. Public agency references relative to personnel assigned to this contract; Long-term working relationships, multiple projects delivered for same agencies.
4. Firm's statement on why it believes itself to be best qualified.
ii. Scope of Work (20 points)
1. Contract scope of work outlined in Section 3 of the RFP is addressed, and the proposal demonstrates that the
proposer thoroughly understands the City's needs and
expectations, and how those will be met.
2. Inclusion of additional work scope/deliverables that complements and enhances the City's scope of work which will ultimately deliver better services and construction projects.
iii. Allocation of Resources (20 points)
1. Conceptual plan that outlines how the firm's resources will be leveraged to deliver Construction Management and
Inspection Services that ultimately result in better projects.
2. Identify any distinguishing features, resources, skills and/or services your firm can allocate to this contract to deliver the City's capital improvement projects.
LEGAL REQUIREMENTS
The contract awarded shall be governed in all respect by the laws of the State of California, and any litigation with respect thereto shall be brought in the courts of the State of California.
The firm awarded the contract shall comply with applicable Federal, state and local laws and regulations and comply with the following terms:
• The City has the right to reject any and all proposals . • All documents submitted in response to the RFP are public documents subject to disclosure as permitted by the California Public Records Act. • The City is not liable for any costs incurred in responding to the RFP. • From the issue date of this RFP until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City staff except through the person named herein for questions. For violation of this provision, the City shall reserve the right to reject the proposal of the offending firm. • The selected firm will be required to enter into a Professional Services Agreement with the City of Placentia which includes the City's Standard Terms and Conditions including insurance requirements.
• Proposals submitted early may be withdrawn by the firm prior to the Proposal due date specified above. Following the Proposal due date, the Proposal constitutes a binding offer and may not be withdrawn by the firm prior to the award. • The City of Placentia reserves the right to: (a) waive minor irregularities or variances, non -material bid informalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this solicitation; (c) request clarifications from all firms; (d) request resubmissions from all firms; (e) make partial, progressive or multiple awards; and (f) take any other action as permitted by law and /or the City's Procurement Ordinance.
APPENDIX "A" - PROFESSIONAL SERVICES AGREEMENT (SAMPLE)
CITY OF PLACENTIA
PROFESSIONAL SERVICES AGREEMENT
WITH
THIS AGREEMENT is made and entered into this _ day of , 20_ ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and , a [state] [type of corporation] ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to landscape architecture and accessibility design services, as more fully described herein; and
B. WHEREAS, Consultant represents that it is "design professional" as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; including credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement; and E. WHEREAS, among other reasons, the City is hiring Consultant to perform accessibility design services at a public park within the City to comply with all applicable accessibility requirements.
Accordingly, Consultant desires to perform these services and to bear all risk the City may bear resulting from accessibility designs that are not complaint.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference, including but not limited to, preparing all design documents free from defects.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices, and with credentials as a Certified Access Specialist under Subchapter 2.5 of Title 21 of the California Code of Regulations. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of 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 Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. Consultant also warrants that it has ownership of all intellectual property being provided under this Agreement.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause.
Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All
insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City.
Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Dollars ($ .00).
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 25% of the total contract sum or $25,000 whichever is more. The City Engineer is authorized to approve a Change Order for such additional services.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A".
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of months, ending on , 20_, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant 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.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the notice of termination.
Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished
design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated "A," Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant. (b) Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage. (c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant
shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below.
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased.
In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.
5.5. Non -limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held
responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: Tel:
Fax: Fax:
Attn: Attn:
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of
the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.
Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness, or willful misconduct by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or -whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits
on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be
required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY OF PLACENTIA,
A municipal corporation
Date:
City Administrator
ATTEST:
City Clerk and ex -officio Clerk
of the City of Placentia
CONSULTANT
Date:
Signature
Name and Title
Social Security or Taxpayer ID Number
APPROVED AS TO FORM:
Date:
City Attorney
APPROVED AS TO INSURANCE:
Date:
Risk Management
APPROVED AS TO CONTENT:
Date:
Project Manager
DEPARTMENTAL APPROVAL
Date:
Name, Title
EXHIBIT A
CONSULTANT'S PROPOSAL AND SCOPE OF WORK
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
APPENDIX B
SUMMARY SHEET
Firm Name:
Firm Parent or Ownership:
Firm Address:
Firm Telephone Number:
Firm Fax Number:
Number of years in existence:
Management Contact (person responsible for direct contact with the City of Placentia and services required for this Request for Proposal):
Name: Title:
Telephone Number: Fax:
Email:
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Title:
Telephone Number: Fax:
Email:
Types of services provided by the firm:
APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF PLACENTIA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated JANUARY 9, 2024, and to be bound by the terms and conditions of the RFP.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated JANUARY 9, 2024.
5. This firm has carefully read and fully understands all of the items contained in the RFP. This firm agrees to all of the requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 90 days from JANUARY 9, 2024.
Name of Firm:
By:
(Authorized Signature)
Type Name:
Title:
Date:
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
Ardurra Group Inc
ARDURRA-01
EMORRIS
ACORD CERTIFICATE OF LIABILITY INSURANCE
��
DATE (MM/DD/YYYY)
2/28/2024
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).
PRODUCER
Ames & Gough
8300 Greensboro Drive
Suite 980
McLean, VA 22102
CONTACT
NAME:
PHONE 703 827-2277 FAX 703 827-2279
(A/c, No, Ext): ( ) (A/c, No):( )
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Charter Oak Fire Insurance Company A++ (XV) 25615
INSURED
Ardurra Group, Inc.
4921 Memorial Highway
Suite 300
Tampa, FL 33634
INSURER B : Phoenix Insurance Company A++, XV
25623
INSURER C : Travelers Property Casualty Company of America 25674
INSURER D : National Fire & Marine Insurance Company
20079
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
630-5X487435
1/1/2024
1/1/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGETORENTED
PREMISES (Ea occurrence)
$ 1,000,000
X
Contractual Liab.
MED EXP (Any one person)
$ 15,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
X
AGGREGATE
POLICY
OTHER:
X
LIMIT APPLIES
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
AUTOS ONLY
SCHEDULED
AUTOS
NON -OWNED UU
810-5X558309
1/1/2024
1/1/2025
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILYINJURY(Perperson)
$
BODILY INJURY (Per accident)
$
PROPERTY
accidentDAMAGE
$
$
C
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
CUP -5X642114
1/1/2024
1/1/2025
EACH OCCURRENCE
$ 15,000,000
AGGREGATE
$ 15,000,000
DED
X
RETENTION $ 10,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/N
N
N /A
UB-5X489557
1/1/2024
1/1/2025
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
D
Professional Liab.
42-EPP-306878-06
1/1/2024
1/1/2025
Per Claim/Aggregate
2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) On -Call Construction Management and Inspection Services The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are included as additional insured with respect to General Liability, Automobile Liability, and Umbrella Liability when required by written contract. General Liability includes Additional Insured coverage for Completed Operations as required by written contract.
General Liability, Automobile Liability, and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, Workers Compensation, and Umbrella SEE ATTACHED ACORD 101
CERTIFICATE HOLDER
CANCELLATION
City of Placentia
401 East Chapman Avenue
Placentia, CA 92870
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: ARDURRA-01
LOC #: 2
EMORRIS
AFRO
ADDITIONAL REMARKS SCHEDULE
AGENCY Ardurra
Ames & Gough
NAMED INSURED
Group, Inc.
4921 Memorial Highway
Suite 300
Tampa, FL 33634
POLICY NUMBER
SEE PAGE 1
CARRIER
SEE PAGE 1
NAIC CODE
SEE P 1
EFFECTIVE DATE: SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles:
Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. Umbrella Liability coverage sits excess over General Liability, Automobile Liability and Employers' Liability coverage. 30 -day Notice of Cancellation will be issued for the General Liability, Automobile Liability, Workers Compensation, Umbrella Liability, and Professional Liability policies in accordance with policy terms and conditions.
ACORD 101 (2008/01)
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: 810-5X558309 ISSUE DATE: 01/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION, NONRENEWAL OR MATERIAL
LIMITATION OF COVERAGE PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION:
WHEN WE DO NOT RENEW (Nonrenewal):
MATERIAL LIMITATION OF COVERAGE:
PERSON OR SEE CA T8 06
ORGANIZATION:
ADDRESS: .
PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of
cancellation.
B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew (Nonrenewal) in the
Schedule above, we will mail notice of
nonrenewal to the person or organization shown
Number of Days Notice:
Number of Days Notice:
Number of Days Notice:
30 30
30 in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) in such Schedule before the
effective date of nonrenewal.
C. If we add a material limitation on the coverage
provided by this policy, and a number of days is
shown for Material Limitation Of Coverage in the
Schedule above, we will mail notice of such
limitation to the person or organization shown in
such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Material Limitation Of
Coverage in such Schedule before the effective
date of such limitation.
IL T3 54 05 19
© 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
COMMERCIAL AUTO POLICY
ENDORSEMENT - CA T8 06 05 23
POLICY NUMBER: 810-5X558309
** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T3 54
IT IS AGREED THAT:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US IL T3 54
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN
CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST
NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE.
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
EFFECTIVE DATE: 01/01/24 EXPIRATION DATE:
DATE OF ISSUE: 01/01/24 Page 1 of 1
Policy Number: 810-5X558309
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT - FLORIDA
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS -
INCREASED LIMITS
F. HIRED AUTO - LIMITED WORLDWIDE
COVERAGE - INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE - GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form
during the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
during the policy period, to be named as an
additional insured is an "insured" for Covered
Autos Liability Coverage, but only for damages to
which this insurance applies and only to the
extent that person or organization qualifies as an
"insured" under the Who Is An Insured provision
contained in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II -
COVERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your
business.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV -
BUSINESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage
Coverage, the following are deemed to
be covered "autos" you own:
CA F2 19 03 21
© 2021 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission
COMMERCIAL AUTO
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
permission, while performing duties
related to the conduct of your
business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while
using a covered "auto" you don't own, hire or
borrow in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS - INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
(2) Up to $3,000 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.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II - COVERED AUTOS
LIABILITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day
because of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE
COVERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in
Paragraph B.7., Policy Period, Coverage
Territory, of SECTION IV - BUSINESS AUTO
CONDITIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction,
embargo, or similar regulation imposed by the
United States of America applies to and
prohibits the transaction of business with or
within such country or jurisdiction, for
Covered Autos Liability Coverage for any
covered "auto" that you lease, hire, rent or
borrow without a driver for a period of 30
days or less and that is not an "auto" you
lease, hire, rent or borrow from any of your
"employees", partners (if you are a
partnership), members (if you are a limited
liability company) or members of their
households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the
"insured" against, and investigate or
settle any such claim or "suit" and
keep us advised of all proceedings
and actions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the
"insured" pays with our consent, but
only up to the limit described in
Paragraph C., Limits Of Insurance, of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your
investigation of such claims and your
defense of the "insured" against any
such "suit", but only up to and
included within the limit described in
Paragraph C., Limits Of Insurance, of
SECTION II - COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess
contingent or on any other basis.
© 2021 The Travelers Indemnity Company. All rights reserved. CA F2 19 03 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission
COMMERCIAL AUTO
(c) This insurance is not a substitute for
required or compulsory insurance in any
country outside the United States, its
territories and possessions, Puerto Rico
and Canada.
You agree to maintain all required or
compulsory insurance in any such
country up to the minimum limits required
by local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory
insurance requirements.
(d) It is understood that we are not an
admitted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and
Canada. We assume no responsibility for
the furnishing of certificates of insurance,
or for compliance in any way with the
laws of other countries relating to
insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D.,
Deductible, of SECTION III - PHYSICAL
DAMAGE COVERAGE:
No deductible applies under Specified Causes of
Loss or Comprehensive coverage for "loss" to
glass used in the windshield.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
The following replaces the last sentence of
Paragraph A.4.b., Loss Of Use Expenses, of
SECTION III - PHYSICAL DAMAGE
COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
The following replaces the first sentence in
Paragraph A.4.a., Transportation Expenses, of
SECTION III - PHYSICAL DAMAGE
COVERAGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense
incurred by you because of the total theft of a
covered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4.,
Coverage Extensions, of SECTION III -
PHYSICAL DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for "loss" to wearing
apparel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B.3.,
Exclusions, of SECTION III - PHYSICAL
DAMAGE COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that
inflate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for
Comprehensive Coverage under this policy;
b. The airbags are not covered under any
warranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV - BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized
representative prompt notice of the "accident" or
"loss" applies only when the "accident" or "loss" is
known to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability
company);
(d) An executive officer, director or insurance
manager (if you are a corporation or other
organization); or
(e) Any "employee" authorized by you to give
notice of the "accident" or "loss".
CA F2 19 03 21
© 2021 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission
COMMERCIAL AUTO
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO
CONDITIONS:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the
extent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or
"loss" arises out of operations contemplated
by such contract. The waiver applies only to
the person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2.,
Concealment, Misrepresentation, Or Fraud, of
SECTION IV - BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance.
However this provision does not affect our right to
collect additional premium or exercise our right of
cancellation or non —renewal.
© 2021 The Travelers Indemnity Company. All rights reserved. CA F2 19 03 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission
Policy Number: 810-5X558309
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - PRIMARY AND
NON-CONTRIBUTORY WITH OTHER INSURANCE
This endorsement modifies insurance provided under the
BUSINESS AUTO COVERAGE FORM
PROVISIONS
1 The following is added to Paragraph A.1.c., Who
Is An Insured, of SECTION II - COVERED
AUTOS LIABILITY COVERAGE:
This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".
following:
2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV - BUSINESS AUTO
CONDITIONS:
Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.
CA T4 74 02 16
© 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
POLICY NUMBER: P -630-5x487435
ISSUE DATE: 01/01/2024
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED PERSON OR ORGANIZATION - NOTICE OF
CANCELLATION, NONRENEWAL OR MATERIAL
LIMITATION OF COVERAGE PROVIDED BY US
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
SCHEDULE
CANCELLATION:
WHEN WE DO NOT RENEW (Nonrenewal):
MATERIAL LIMITATION OF COVERAGE:
PERSON OR SEE CA T8 06
ORGANIZATION:
ADDRESS: .
PROVISIONS
A. If we cancel this policy for any legally permitted
reason other than nonpayment of premium, and a
number of days is shown for Cancellation in the
Schedule above, we will mail notice of
cancellation to the person or organization shown
in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Cancellation in such
Schedule before the effective date of
cancellation.
B. If we do not renew this policy for any legally
permitted reason other than nonpayment of
premium, and a number of days is shown for
When We Do Not Renew (Nonrenewal) in the
Schedule above, we will mail notice of
nonrenewal to the person or organization shown
Number of Days Notice:
Number of Days Notice:
Number of Days Notice:
30 30
30 in such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for When We Do Not
Renew (Nonrenewal) in such Schedule before the
effective date of nonrenewal.
C. If we add a material limitation on the coverage
provided by this policy, and a number of days is
shown for Material Limitation Of Coverage in the
Schedule above, we will mail notice of such
limitation to the person or organization shown in
such Schedule. We will mail such notice to the
address shown in the Schedule above at least the
number of days shown for Material Limitation Of
Coverage in such Schedule before the effective
date of such limitation.
IL T3 54 05 19
© 2019 The Travelers Indemnity Company. All rights reserved. Page 1 of 1
COMMERCIAL AUTO POLICY
ENDORSEMENT - CA T8 06 05 23
POLICY NUMBER: P -630-5X487435
** THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ** IL T3 54
IT IS AGREED THAT:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US IL T3 54
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
ALL COVERAGE PARTS INCLUDED IN THIS POLICY
PERSON OR ORGANIZATION:
ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN
CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:
1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE
NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST
NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY; AND
2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE.
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
ADDRESS:
THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
EFFECTIVE DATE: 01/01/24 EXPIRATION DATE:
DATE OF ISSUE: 01/01/24 Page 1 of 1
Policy Number: P -630-5X487435
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS
IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following is added to SECTION II - WHO IS AN
INSURED:
Any person or organization that:
a. You agree in a written contract or agreement to
include as an additional insured on this Coverage
Part; and
b. Has not been added as an additional insured for
the same project by attachment of an endorse-
ment under this Coverage Part which includes
such person or organization in the endorsement's
schedule;
is an insured, but:
a. Only with respect to liability for "bodily injury" or "property damage" that occurs, or for "personal
injury" caused by an offense that is committed,
subsequent to the signing of that contract or
agreement and while that part of the contract or
agreement is in effect; and
b. Only as described in Paragraph (1), (2) or (3) be-
low, whichever applies:
(1) If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
(a)
The Additional Insured — Owners, Les-
sees or Contractors — (Form B) endorse-
ment CG 20 10 11 85; or
(b) Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10 10 01, or
the Additional Insured — Owners, Lessees
or Contractors — Completed Operations
endorsement CG 20 37 10 01;
the person or organization is an additional in-
sured only if the injury or damage arises out
of "your work" to which the written contract or
agreement applies;
(2) If the written contract or agreement specifical-
ly requires you to provide additional insured
coverage to that person or organization by
the use of:
(3)
(a) The Additional Insured — Owners, Les-
sees or Contractors — Scheduled Person
or Organization endorsement CG 20 10
07 04 or CG 20 10 04 13, the Additional
Insured — Owners, Lessees or Contrac-
tors — Completed Operations endorse-
ment CG 20 37 07 04 or CG 20 37 04 13,
or both of such endorsements with either
of those edition dates; or
(b) Either or both of the following: the Addi-
tional Insured — Owners, Lessees or Con-
tractors — Scheduled Person Or Organi-
zation endorsement CG 20 10, or the Ad-
ditional Insured — Owners, Lessees or
Contractors — Completed Operations en-
dorsement CG 20 37, without an edition
date of such endorsement specified;
the person or organization is an additional in-
sured only if the injury or damage is caused,
in whole or in part, by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the written contract or
agreement applies; or
If neither Paragraph (1) nor (2) above applies:
(a) The person or organization is an addi-
tional insured only if, and to the extent
that, the injury or damage is caused by
acts or omissions of you or your subcon-
tractor in the performance of "your work"
to which the written contract or agree-
ment applies; and
(b) Such person or organization does not
qualify as an additional insured with re-
spect to the independent acts or omis-
sions of such person or organization.
The insurance provided to such additional insured is
subject to the following provisions:
a. If the Limits of Insurance of this Coverage Part
shown in the Declarations exceed the minimum
limits required by the written contract or agree-
ment, the insurance provided to the additional in-
sured will be limited to such minimum required
limits. For the purposes of determining whether
CG D6 04 02 19 Page 1 of 2
COMMERCIAL GENERAL LIABILITY
this limitation applies, the minimum limits required
by the written contract or agreement will be con-
sidered to include the minimum limits of any Um-
brella or Excess liability coverage required for the
additional insured by that written contract or
agreement. This provision will not increase the
limits of insurance described in Section III — Limits
Of Insurance.
b. The insurance provided to such additional insured
does not apply to:
(1) Any "bodily injury", "property damage" or
"personal injury" arising out of the providing,
or failure to provide, any professional archi-
tectural, engineering or surveying services,
including:
(a) The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
(b) Supervisory, inspection, architectural or
engineering activities.
(2) Any "bodily injury" or "property damage"
caused by "your work" and included in the
"products -completed operations hazard" un-
less the written contract or agreement specifi-
cally requires you to provide such coverage
for that additional insured during the policy
period.
c. The additional insured must comply with the fol-
lowing duties:
(1) Give us written notice as soon as practicable
of an "occurrence" or an offense which may
result in a claim. To the extent possible, such
notice should include:
(a) How, when and where the "occurrence"
or offense took place;
(b) The names and addresses of any injured
persons and witnesses; and
(c) The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
(2) If a claim is made or "suit" is brought against
the additional insured:
(a) Immediately record the specifics of the
claim or "suit" and the date received; and
(b) Notify us as soon as practicable and see
to it that we receive written notice of the
claim or "suit" as soon as practicable.
Immediately send us copies of all legal pa-
pers received in connection with the claim or
"suit", cooperate with us in the investigation
or settlement of the claim or defense against
the "suit", and otherwise comply with all policy
conditions.
(4) Tender the defense and indemnity of any
claim or "suit" to any provider of other insur-
ance which would cover such additional in-
sured for a loss we cover. However, this con-
dition does not affect whether the insurance
provided to such additional insured is primary
to other insurance available to such additional
insured which covers that person or organiza-
tion as a named insured as described in Par-
agraph 4., Other Insurance, of Section IV —
Commercial General Liability Conditions.
(3)
CG D6 04 02 19
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and
any other person or organization qualifying as a Named
Insured under this policy. The words "we", "us" and
"our" refer to the company providing this insurance.
The word "insured" means any person or organization
qualifying as such under Section II — Who Is An
Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V —
Definitions.
SECTION I - COVERAGES
COVERAGE A— BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property damage"
to which this insurance applies. We will have
the right and duty to defend the insured against
any "suit" seeking those damages. However,
we will have no duty to defend the insured
against any "suit' seeking damages for "bodily
injury" or "property damage" to which this
insurance does not apply. We may, at our
discretion, investigate any "occurrence' and
settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments.
b. This insurance applies to "bodily injury" and
"property damage" only if:
(1) The "bodily injury" or "property damage" is
caused by an "occurrence' that takes place
in the "coverage territory";
(2) The "bodily injury' or "property damage"
occurs during the policy period; and
Prior to the policy period, no insured listed
under Paragraph 1. of Section II — Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
"occurrence' or claim knew that the "bodily
injury' or "property damage" had occurred,
in whde or in part If such a listed insured
or authorized "employee" knew, prior to the
policy period, that the "bodily injury" or
"property damage" occurred, then any
continuation, change or resumption of such
"bodily injury' or "property damage" during
or after the policy period will be deemed to
have been known prior to the policy period.
c. "Bodily injury" or "property damage" which
occurs during the policy period and was not,
prior to the policy period, known to have
occurred by any insured listed under Paragraph
1. of Section II — Who Is An Insured or any
"employee" authorized by you to give or receive
notice of an "occurrence' or claim, includes any
continuation, change or resumption of that
"bodily injury" or "property damage" after the
end of the policy period.
d. "Bodily injury" or "property damage" will be
deemed to have been known to have occurred
at the earliest time when any insured listed
under Paragraph 1. of Section II — Who Is An
Insured or any "employee" authorized by you to
give or receive notice of an "occurrence' or
claim:
(3)
(1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
(2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
Becomes aware by any other means that
"bodily injury' or "property damage" has
occurred or has begun to occur.
(3)
CG T1 00 0219
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Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
e. Damages because of "bodily injury" include
damages claimed by any person or organization
for care, loss of services or death resulting at
anytime from the "bodily injury'.
2. Exclusions
This insurance does not apply to:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or property.
b. Contractual Liability
"Bodily injury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a
contract or agreement. This exclusion does not
apply to liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Assumed in a contract or agreement that is
an "insured contract", provided that the
"bodily injury' or "property damage" occurs
subsequent to the execution of the contract
or agreement. Solely for the purposes of
liability assumed in an "insured contract",
reasonable attorneys' fees and necessary
litigation expenses incurred by or for a party
other than an insured will be deemed to be
damages because of "bodily injury" or
"property damage", provided that:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed in the same "insured
contract"; and
(b) Such attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which
any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication
of any person;
(2) The furnishing of alcoholic beverages to a
person under the legal drinking age or
under the influence of alcohol; or
(3) Any statute, ordinance or regulation relating
to the sale, gift, distribution or use of
alcoholic beverages.
This exclusion applies only if you are in the
business of manufacturing, distributing, selling,
serving or furnishing alcoholic beverages. For
the purposes of this exclusion, permitting a
person to bring alcoholic beverages on your
premises, for consumption on your premises,
whether or not a fee is charged or a license is
required for such activity, is not by itself
considered the business of selling, serving or
furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers'
compensation, disability benefits or
unemployment compensation law or any similar
law.
e. Employer's Liability
"Bodily injury' to:
(1) An "employee" of the insured arising out of
and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the
conduct of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph (1) above.
This exclusion applies whether the insured may
be liable as an employer or in any other capacity
and to any obligation to share damages with or
repay someone else who must pay damages
because of the injury.
This exclusion does not apply to liability
assumed by the insured under an "insured
contract".
f. Pollution
(1) "Bodily injury' or "property damage" arising
out of the actual, alleged or threatened
discharge, dispersal, seepage, migration,
release or escape of "pollutants":
(a) At or from any premises, site or
location which is or was at any time
owned or occupied by, or rented or
loaned to, any insured. However, this
subparagraph does not apply to:
(i) "Bodily injury' if sustained within a
building and caused by smoke,
fumes, vapor or soot produced by
or originating from equipment that
© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CG T1 00 0219
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
is used to heat, cool or dehumidify
the building, or produced by or
originating from equipment that is
used to heat water for personal
use by the building's occupants or
their guests;
(ii) "Bodily injury" or "property
damage" for which you may be
held liable, if you are a contractor
and the owner or lessee of such
premises, site or location has been
added to your policy as an
additional insured with respect to
your ongoing operations performed
for that additional insured at that
premises, site or location and such
premises, site or location is not
and never was owned or occupied
by, or rented or loaned to, any
insured, other than that additional
insured; or
(iii) "Bodily injury" or "property
damage" arising out of heat,
smoke or fumes from a "hostile
fire";
(b) At or from any premises, site or
location which is or was at any time
used by or for any insured or others for
the handling, storage, disposal,
processing or treatment of waste;
(c) If such "pollutants" are or were at any
time transported, handled, stored,
treated, disposed of, or processed as
waste by or for:
(i) Any insured; or
(ii) Any person or organization for
whom you may be legally
responsible;
(d) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are performing operations if the
"pollutants" are brought on or to the
premises, site or location in connection
with such operations by such insured,
contractor or subcontractor. However,
this subparagraph does not apply to:
(i)
CG T1 00 0219
"Bodily injury' or "property
damage" arising out of the escape
of fuels, lubricants or other
operating fluids which are needed
to perform the normal electrical,
hydraulic or mechanical functions
necessary for the operation of
"mobile equipment" or its parts, if
such fuels, lubricants or other
operating fluids escape from a
vehicle part designed to hold, store
or receive them. This exception
does not apply if the "bodily injury"
or "property damage" arises out of
the intentional discharge, dispersal
or release of the fuels, lubricants
or other operating fluids, or if such
fuels, lubricants or other operating
fluids are brought on or to the
premises, site or location with the
intent that they be discharged,
dispersed or released as part of
the operations being performed by
such insured, contractor or
subcontractor;
(ii) "Bodily injury' or "property
damage" sustained within a
building and caused by the release
of gases, fumes or vapors from
materials brought into that building
in connection with operations being
performed by you or on your behalf
bya contractor or subcontractor; or
(iii) "Bodily injury' or "property
damage" arising out of heat,
smoke or fumes from a "hostile
fire"; or
(e) At or from any premises, site or
location on which any insured or any
contractors or subcontractors working
directly or indirectly on any insured's
behalf are or were at any time
performing operations to test for,
monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any
way respond to, or assess the effects
of, "pollutants".
(2) Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, "pollutants"; or
© 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
g.
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, "pollutants".
Aircraft, Auto Or Watercraft
"Bodily injury' or "property damage" arising out
of the ownership, maintenance, use or
entrustment to others of any aircraft, "auto" or
watercraft owned or operated by or rented or
loaned to any insured. Use includes operation
and "loading or unloading".
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrencd' which caused
the "bodily injury" or "property damage" involved
the ownership, maintenance, use or
entrustment to others of any aircraft "auto" or
watercraft that is owned or operated by or
rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own or rent;
(2) A watercraft you do not own that is:
(a) 50 feet long or less; and
(b) Not being used to carry any person or
property for a charge;
Parking an "auto" on, or on the ways next
to, premises you own or rent, provided the
"auto" is not owned by or rented or loaned
to you or the insured;
(4) Liability assumed under any "insured
contract" for the ownership, maintenance or
use of aircraft or watercraft;
"Bodily injury' or "property damage" arising
out of:
(a) The operation of machinery or
equipment that is attached to, or part
of, a land vehicle that would qualify as
"mobile equipment" under the definition
of "mobile equipment" if such land
vehicle were not subject to a
compulsory or financial responsibility
law, or other motor vehicle insurance
law, where it is licensed or principally
garaged; or
(3)
(5)
(b) The operation of any of the machinery
or equipment listed in Paragraph f.(2)
or f.(3) of the definition of "mobile
equipment"; or
(6) An aircraft that is:
(a) Chartered with a pilot to any insured;
(b) Not owned by any insured; and
(c) Not being used to carry any person or
property for a charge.
h. Mobile Equipment
"Bodily injury' or "property damage" arising out
of:
(1) The transportation of "mobile equipment"
by an "auto" owned or operated by or
rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while
in practice for, or while being prepared for,
any prearranged racing, speed, demolition,
or stunting activity.
i. War
J.
"Bodily injury" or "property damage" arising out
of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
Damage To Property
"Property damage" to:
(1) Property you own, rent, or occupy,
including any costs or expenses incurred
by you, or any other person, organization or
entity, for repair, replacement,
enhancement, restoration or maintenance
of such property for any reason, including
prevention of injury to a person or damage
to another's property,
(2) Premises you sell, give away or abandon, if
the "property damage" arises out of any
part of those premises;
Property loaned to you;
(3)
(3)
(4) Personal property in the care, custody or
control of the insured;
© 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CG T1 00 0219
Policy # P -630-5X487435
(5)
(6)
That particular part of real property on
which you or any contractors or
subcontractors working directly or indirectly
on your behalf are performing operations, if
the "property damage" arises out of those
operations; or
That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it.
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "premises damage". A separate
limit of insurance applies to "premises damage"
as described in Paragraph 6. of Section III —
Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if
the premises are "your work" and were never
occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply
to "property damage" included in the "products -
completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out
of it or any part of it.
I. Damage To Your Work
"Property damage" to "your work" arising out of
it or any part of it and included in the "products -
completed operations hazard".
This exclusion does not apply if the damaged
work or the work out of which the damage
arises was performed on your behalf by a
subcontractor.
m. Damage To Impaired Property Or Property
Not Physically Injured
"Property damage" to "impaired property' or
property that has not been physically injured,
arising out of:
(1) A defect, deficiency, inadequacy or
dangerous condition in "your product" or
"your work"; or
(2) A delay or failure by you or anyone acting
on your behalf to perform a contract or
agreement in accordance with its terms.
This exclusion does not apply to the loss of use
of other property arising out of sudden and
COMMERCIAL GENERAL LIABILITY
accidental physical injury to "your product" or
"your work" after it has been put to its intended
use.
n. Recall Of Products, Work Or Impaired
Property
Damages claimed for any loss, cost or expense
incurred by you or others for the loss of use,
withdrawal, recall, inspection, repair,
replacement, adjustment, removal or disposal
of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property';
if such product, work, or property is withdrawn
or recalled from the market or from use by any
person or organization because of a known or
suspected defect, deficiency, inadequacy or
dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury' arising out of "personal and
advertising injury".
Electronic Data
Damages arising out of the loss of, loss of use
of, damage to, corruption of, inability to access,
or inability to manipulate "electronic data".
However, this exclusion does not apply to
liability for damages because of "bodily injury'.
p•
q•
Unsolicited Communication
"Bodily injury" or "property damage" arising out
of any actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
r. Access Or Disclosure Of Confidential Or
Personal Information
"Bodily injury" or "property damage" arising out
of any access to or disclosure of any person's
or organization's confidential or personal
information.
s. Asbestos
(1) "Bodily injury' or "property damage" arising
out of the actual or alleged presence or
actual, alleged or threatened dispersal of
asbestos, asbestos fibers or products
containing asbestos, provided that the
"bodily injury" or "property damage" is
caused or contributed to by the hazardous
properties of asbestos.
CG T1 00 0219
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Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Page5of21
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
(2) "Bodily injury' or "property damage" arising
out of the actual or alleged presence or
actual, alleged or threatened dispersal of
any solid, liquid, gaseous or thermal irritant
or contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any "bodily injury"
or "property damage" described in
Paragraph (1) above.
Any loss, cost or expense arising out of
(3)
any
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
assess the effects of, asbestos,
asbestos fibers or products containing
asbestos; or
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, asbestos, asbestos fibers or
products containing asbestos.
t. Employment -Related Practices
"Bodily injury' to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment -related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment applied to or
directed at that person, regardless of
whether such practice, policy, act or
omission occurs, is applied or is
committed before, during or after the
time of that person's employment; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of "bodily
injury' to that person at whom any of the
employment -related practices described in
Paragraph (a), (b), or (c) above is directed.
This exclusion applies whether the insured may
be liable as an employer or in any other capacity
and to any obligation to share damages with or
repay someone else who must pay damages
because of the "bodily injury'.
Exclusions c. through n. do not apply to "premises
damage". A separate limit of insurance applies to
"premises damage" as described in Paragraph 6. of
Section III — Limits Of Insurance.
COVERAGE B — PERSONAL AND ADVERTISING
INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "personal and advertising injury" to
which this insurance applies. We will have the
right and duty to defend the insured against my
"suit" seeking those damages. However, we will
have no duty to defend the insured against any
"suit" seeking damages for "personal and
advertising injury' to which this insurance does
not apply. We may, at our discretion,
investigate any offense and settle any claim or
"suit" that may result. But:
(1) The amount we will pay for damages is
limited as described in Section III — Limits
Of Insurance; and
(2) Our right and duty to defend end when we
have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments.
b. This insurance applies to "personal and
advertising injury" caused by an offense arising
out of your business but only if the offense was
committed in the "coverage territory' during the
policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury' caused by or
at the direction of the insured with the
knowledge that the act would violate the rights
of another and would inflict "personal and
advertising injury'.
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
This exclusion does not apply to "personal
injury" caused by malicious prosecution.
b. Material Published With Knowledge Of
Falsity
"Personal and advertising injury' arising out of
oral or written publication, including publication
by electronic means, of material, if done by or at
the direction of the insured with knowledge of
its falsity.
c. Material Published Or Used Prior To Policy
Period
(1) "Personal and advertising injury' arising out
of oral or written publication, including
publication by electronic means, of material
whose first publication took place before
the beginning of the policy period; or
(2) "Advertising injury" arising out of
infringement of copyright, "title" or "slogan"
in your "advertisement" whose first
infringement in your "advertisement" was
committed before the beginning of the
policy period.
d. Criminal Acts
"Personal and advertising injury' arising out of a
criminal act committed by or at the direction of
the insured.
e. Contractual Liability
"Personal and advertising injury' for which the
insured has assumed liability in a contract or
agreement. This exclusion does not apply to
liability for damages:
(1) That the insured would have in the absence
of the contract or agreement; or
(2) Because of "personal injury' assumed by
you in a contract or agreement that is an
"insured contract', provided that the
"personal injury' is caused by an offense
committed subsequent to the execution of
the contract or agreement. Solely for the
purposes of liability assumed by you in an
"insured contract", reasonable attorneys'
fees and necessary litigation expenses
incurred by or for a party other than an
insured will be deemed to be damages
because of "personal injury', provided that:
(a) Liability to such party for, or for the
cost of, that party's defense has also
been assumed by you in the same
"insured contract"; and
(b) Such attorneys' fees and litigation
expenses are for defense of that party
against a civil or alternative dispute
resolution proceeding in which
damages to which this insurance
applies are alleged.
f. Breach Of Contract
"Advertising injury" arising out of a breach of
contract.
g. Quality Or Performance Of Goods — Failure
To Conform To Statements
"Advertising injury" arising out of the failure of
goods, products or services to conform with
any statement of quality or performance made
in your "advertisement".
h. Wrong Description Of Prices
"Advertising injury' arising out of the wrong
description of the price of goods, products or
services stated in your "advertisement".
i. Intellectual Property
"Personal and advertising injury' arising out of
any actual or alleged infringement or violation of
any of the following rights or laws, or any other
"personal and advertising injury' alleged in any
claim or "suit" that also alleges any such
infringement or vitiation:
(1) Copyright;
(2) Patent;
(3) Trade dress;
(4) Trade name;
(5) Trademark;
(6) Trade secret; or
(7) Other intellectual property rights or laws.
This exclusion does not apply to:
(1) "Advertising injury' arising out of any actual
or alleged infringement or violation of
another's copyright, "title" or "slogan" in
your "advertisement"; or
(2) Any other "personal and advertising injury'
alleged in any claim or "suit" that also
alleges any such infringement or violation
of another's copyright, "title" or "slogan" in
your "advertisement".
j. Insureds In Media And Internet Type
Businesses
"Personal and advertising injury' caused by an
offense committed by an insured whose
business is:
(1) Advertising, "broadcasting" or publishing;
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COMMERCIAL GENERAL LIABILITY
(2) Designing or determining content of
websites for others; or
(3) An Internet search, access, content or
service provider.
However, this exclusion does not apply to
Paragraphs a.(1), (2) and (3) of the definition of
"personal injury".
For the purposes of this exclusion:
(1) Creating and producing correspondence
written in the conduct of your business,
bulletins, financial or annual reports, or
newsletters about your goods, products or
services will not be considered the
business of publishing; and
(2) The placing of frames, borders or links, or
advertising, for you or others anywhere on
the Internet will not, by itself, be considered
the business of advertising, "broadcasting"
or publishing.
k. Electronic Chatrooms Or Bulletin Boards
"Personal and advertising injury' arising out of
an electronic chatroom or bulletin board the
insured hosts or owns, or over which the
insured exercises control.
I. Unauthorized Use Of Another's Name Or
Product
"Personal and advertising injury' arising out of
the unauthorized use of another's name or
product in your e-mail address, domain name or
metatag, or any other similar tactics to mislead
another's potential customers.
m. Pollution
"Personal and advertising injury' arising out of
the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants" at anytime.
n. Pollution -Related
Any loss, cost or expense arising out of any:
(1) Request, demand, order or statutory or
regulatory requirement that any insured or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of, "pollutants"; or
(2) Claim or suit by or on behalf of any
governmental authority or any other person
or organization because of testing for,
monitoring, cleaning up, removing,
containing, treating, detoxifying or
neutralizing, or in anyway responding to, or
assessing the effects of, "pollutants".
o. War
"Personal and advertising injury" arising out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including
action in hindering or defending against an
actual or expected attack, by any
government, sovereign or other authority
using military personnel or other agents; or
Insurrection, rebellion, revolution, usurped
power, or action taken by governmental
authority in hindering or defending against
any of these.
Unsolicited Communication
"Personal and advertising injury' arising out of
any actual or alleged violation of any law that
restricts or prohibits the sending, transmitting
or distributing of "unsolicited communication".
Access Or Disclosure Of Confidential Or
Personal Information
"Personal and advertising injury' arising out of
any access to or disclosure of any person's or
organization's confidential or personal
information.
P.
q•
(3)
r. Asbestos
(1) "Personal and advertising injury' arising out
of the actual or alleged presence or actual,
alleged or threatened dispersal of asbestos,
asbestos fibers or products containing
asbestos, provided that the "personal and
advertising injury' is caused or contributed
to by the hazardous properties of asbestos.
(2) "Personal and advertising injury' arising out
of the actual or alleged presence or actual,
alleged or threatened dispersal of any solid,
liquid, gaseous or thermal irritant or
contaminant, including smoke, vapors,
soot, fumes, acids, alkalis, chemicals and
waste, and that are part of any claim or
"suit" which also alleges any "personal and
advertising injury' described in Paragraph
(1) above.
Any loss, cost or expense arising out of
any:
(a) Request, demand, order or statutory or
regulatory requirement that any insured
or others test for, monitor, clean up,
remove, contain, treat, detoxify or
neutralize, or in any way respond to, or
(3)
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Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
assess the effects of, asbestos,
asbestos fibers or products containing
asbestos; or
(b) Claim or suit by or on behalf of any
governmental authority or any other
person or organization because of
testing for, monitoring, cleaning up,
removing, containing, treating,
detoxifying or neutralizing, or in any
way responding to, or assessing the
effects of, asbestos, asbestos fibers or
products containing asbestos.
s. Employment -Related Practices
"Personal injury' to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's
employment; or
(c) Employment -related practice, policy,
act or omission, such as coercion,
demotion, evaluation, reassignment,
discipline, failure to promote or
advance, harassment, humiliation,
discrimination, libel, slander, violation
of the person's right of privacy,
malicious prosecution or false arrest,
detention or imprisonment applied to or
directed at that person, regardless of
whether such practice, policy, act or
omission occurs, is applied or is
committed before, during or after the
time of that person's employment; or
(2) The spouse, child, parent, brother or sister
of that person as a consequence of
"personal injury' to that person at whom
any of the employment -related practices
described in Paragraph (a), (b), or (c)
above is directed.
This exclusion applies whether the insured may
be liable as an employer or in any other capacity
and to any obligation to share damages with or
repay someone else who must pay damages
because of the "personal injury".
COVERAGE C — MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described
below for "bodily injury' caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent;
or
CG T1 00 0219
(3) Because of your operations;
provided that:
(a) The accident takes place in the "coverage
territory' and during the policy period;
(b) The expenses are incurred and reported to
us within one year of the date of the
accident; and
(c) The injured person submits to examination,
at our expense, by physicians of our choice
as often as we reasonably require.
b. We will make these payments regardless of
fault. These payments will not exceed the
applicable limit of insurance. We will pay
reasonable expenses for:
(1) First aid administered at the time of an
accident;
(2) Necessary medical, surgical, X-ray and
dental services, including prosthetic
devices; and
(3) Necessary ambulance, hospital,
professional nursing and funeral services.
2. Exclusions
We will not pay expenses for "bodily injury':
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. Injury On Normally Occupied Premises
To a person injured on that part of premises
you own or rent that the person normally
occupies.
d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of
any insured, if benefits for the "bodily injury" are
payable or must be provided under a workers'
compensation or disability benefits law or a
similar law.
e. Athletics Activities
To a person injured while practicing, instructing
or participating in any physical exercises or
games, sports, or athletic contests.
f. Products -Completed Operations Hazard
Included within the "products -completed
operations hazard".
Coverage A Exclusions
Excluded under Coverage A.
g.
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COMMERCIAL GENERAL LIABILITY
SUPPLEMENTARY PAYMENTS
1. We will pay, with respect to any claim we
investigate or settle, or any "suit" against an insured we defend:
a. All expenses we incur.
b. Up to $2,500 for the cost of bail bonds required
because of accidents or traffic law vitiations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies. We
do not have to furnish these bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable limit
of insurance. We do not have to furnish these
bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or "suit",
including actual loss of earnings up to $500 a
day because of time off from work.
e. All court costs taxed against the insured in the
"suit". However, these payments do not include
attorneys' fees or attorneys' expenses taxed
against the insured.
f. Prejudgment interest awarded against the
insured on that part of the judgment we pay. If
we make an offer to pay the applicable limit of
insurance, we will not pay any prejudgment
interest based on that period of time after the
offer.
g.
All interest on the full amount of any judgment
that accrues after entry of the judgment and
before we have paid, offered to pay, or
deposited in court the part of the judgment that
is within the applicable limit of insurance.
These payments will not reduce the limits of
insurance.
2. If we defend an insured against a "suit" and an
indemnitee of the insured is also named as a party
to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks
damages for which the insured has assumed
the liability of the indemnitee in a contract or
agreement that is an "insured contract";
b. This insurance applies to such liability assumed
by the insured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been
assumed by the insured in the same "insured
contract";
d. The allegations in the "suit" and the information
we know about the "occurrence" or offense are
such that no conflict appears to exist between
the interests of the insured and the interests of
the indemnitee;
e. The indemnitee and the insured ask us to
conduct and control the defense of that
indemnitee against such "suit" and agree that
we can assign the same counsel to defend the
insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation,
settlement or defense of the "suit";
(b) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose
coverage is available to the indemnitee;
and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and control the defense of the
indemnitee in such "suit".
So long as the above conditions are met, attorneys'
fees incurred by us in the defense of that
indemnitee, necessary litigation expenses incurred
by us and necessary litigation expenses incurred by
the indemnitee at our request will be paid as
Supplementary Payments. Notwithstanding the
provisions of Paragraph 2.b.(2) of Section I —
Coverages — Coverage A — Bodily Injury And
Property Damage Liability or Paragraph 2.e. of
Section I — Coverages — Coverage B — Personal
And Advertising Injury Liability, such payments will
not be deemed to be damages for "bodily injury',
"property damage" or "personal injury', and will not
reduce the limits of insurance.
Our obligation to defend an insured's indemnitee
and to pay for attorneys' fees and necessary
litigation expenses as Supplementary Payments
ends when:
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
a. We have used up the applicable limit of
insurance in the payment of judgments,
settlements or medical expenses; or
b. The conditions set forth above, or the terms of
the agreement described in Paragraph f. above,
are no longer met.
SECTION II - WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner.
A partnership or joint venture, you are an
insured. Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business.
A limited liability company, you are an insured.
Your members are also insureds, but only with
respect to the conduct of your business. Your
managers are insureds, but only with respect to
their duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you are an
insured. Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors. Your
stockholders are also insureds, but only with
respect to their liability as stockholders.
e. A trust, you are an insured. Your trustees are
also insureds, but only with respect to their
duties as trustees.
b.
c.
2. Each of the following is also an insured:
a. Your "volunteer workers" only while performing
duties related to the conduct of your business,
or your "employees", other than either your
"executive officers" (if you are an organization
other than a partnership, joint venture or limited
liability company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by you or
while performing duties related to the conduct
of your business. However, none of these
"employees" or "volunteer workers" are
insureds for:
(1) "Bodily injury" or "personal injury':
(a) To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee"
while in the course of his or her
employment or performing duties
related to the conduct of your
business, or to your other "volunteer
workers" while performing duties
related to the conduct of your
business;
(b) To the spouse, child, parent, brother or
sister of that co -"employee" or
"volunteer worker" as a consequence
of Paragraph (1)(a) above;
(c) For which there is any obligation to
share damages with or repay someone
else who must pay damages because
of the injury described in Paragraph
(1)(a) or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional health
care services.
Unless you are in the business or
occupation of providing professional health
care services, Paragraphs (1)(a), (b), (c)
and (d) above do not apply to "bodily injury"
arising out of providing or failing to provide
first aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employes" or
"volunteer workers" providing or failing to
provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct of
your business.
(2) "Property damage" to property
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by,
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any
member (if you are a limited liability
company).
b. Any person (other than your "employee" or
"volunteer worker"), or any organization, while
acting as your real estate manager.
c. Any person or organization having proper
temporary custody of your property if you die,
but only
(1) With respect to liability arising out of the
maintenance or use of that property and
(2) Until your legal representative has been
appointed.
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COMMERCIAL GENERAL LIABILITY
d. Your legal representative if you die, but only
with respect to duties as such. That
representative will have all your rights and
duties under this Coverage Part.
e. Any person or organization that, with your
express or implied consent, either uses or is
responsible for the use of a watercraft that you
do not own that is:
(1) 50 feet long or less; and
(2) Not being used to carry any person or
property fora charge.
3. Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and of which you are the sole owner or in
which you maintain an ownership interest of more
than 50%, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier;
b. Coverage A does not apply to "bodily injury' or
"property damage" that occurred before you
acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
For the purposes of Paragraph 1. of Section II —
Who Is An Insured, each such organization will be
deemed to be designated in the Declarations as:
a. An organization, other than a partnership, joint
venture or limited liability company, or
b. A trust;
as indicated in its name or the documents that
govern its structure.
4. Any person or organization that is a premises
owner, manager or lessor and that you have agreed
in a written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to liability for "bodily injury", "property damage" or "personal and
advertising injury' that:
a. Is "bodily injury' or "property damage" that
occurs, or is "personal and advertising injury"
caused by an offense that is committed,
subsequent to the signing of that contract or
agreement; and
b. Arises out of the ownership, maintenance or
use of that part of any premises leased to you.
The insurance provided to such premises owner,
manager or lessor is subject to the following
provisions:
a. The limits of insurance provided to such
premises owner, manager or lessor will be the
minimum limits that you agreed to provide in the
written contract or agreement, or the limits
shown in the Declarations, whichever are less.
b. The insurance provided to such premises
owner, manager or lessor does not apply to:
(1) Any "bodily injury' or "property damage"
that occurs, or "personal and advertising
injury" caused by an offense that is
committed, after you cease to be a tenant in
that premises; or
(2) Structural alterations, new construction or
demolition operations performed by or on
behalf of such premises owner, manager or
lessor.
5. Any person or organization that is an equipment
lessor and that you have agreed in a written contract
or agreement to include as an additional insured on
this Coverage Part is an insured, but only with
respect to liability for "bodily injury", "property
damage", or "personal and advertising injury' that:
a. Is "bodily injury" or "property damage" that
occurs, or is "personal and advertising injury'
caused by an offense that is committed,
subsequent to the signing of that contract or
agreement; and
b. Is caused, in whole or in part, by your acts or
omissions in the maintenance, operation or use
of equipment leased to you by such equipment
lessor.
The insurance provided to such equipment lessor is
subject to the following provisions:
a. The limits of insurance provided to such
equipment lessor will be the minimum limits that
you agreed to provide in the written contract or
agreement, or the limits shown in the
Declarations, whichever are less.
b. The insurance provided to such equipment
lessor does not apply to any "bodily injury" or
"property damage" that occurs, or "personal
and advertising injury' caused by an offense
that is committed, after the equipment lease
expires.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph
does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured.
SECTION III -LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of:
a. I nsu reds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. The General Aggregate Limit is the most we will pay
for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
because of "bodily injury" or "property damage"
included in the "products -completed operations
hazard"; and
c. Damages under Coverage B.
3. The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodily injury' and "property
damage" included in the "products -completed
operations hazard".
4. Subject to Paragraph 2. above, the Personal And
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal injury" and "advertising
injury" sustained by any one person or organization.
5. Subject to Paragraph 2. or 3. above, whichever
applies, the Each Occurrence Limit is the most we
will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C;
because of all "bodily injury" and "property damage"
arising out of any one "occurrence".
For the purposes of determining the applicable
Each Occurrence Limit, all related acts or
omissions committed in providing or failing to
provide first aid or "Good Samaritan services" to
any one person will be deemed to be one
"occurrence".
6. Subject to Paragraph 5. above, the Damage To
Premises Rented To You Limit is the most we will
pay under Coverage A for damages because of
"premises damage" to any one premises. The
Damage To Premises Rented To You Limit will be:
a. The amount shown for the Damage To
Premises Rented To You Limit in the
Declarations of this Coverage Part; or
b. $300,000 if no amount is shown for the
Damage To Premises Rented To You Limit in
the Declarations of this Coverage Part.
7. Subject to Paragraph 5. above, the Medical
Expense Limit is the most we will pay under
Coverage C for all medical expenses because of
"bodily injury' sustained by any one person.
The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to any remaining period of less than 12 months, starting with
the beginning of the policy period shown in the
Declarations, unless the policy period is extended after issuance for an additional period of less than 12
months. In that case, the additional period will be
deemed part of the last preceding period for purposes of determining the Limits of Insurance.
SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obligations under this Coverage Part.
2. Duties In The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an "occurrencd' or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence" or
offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b. If a claim is made or "suit" is brought against
any insured, you must:
(1) Immediately record the specifics of the
claim or "suit" and the date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive written notice
of the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or legal
papers received in connection with the
claim or "suit";
(3)
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COMMERCIAL GENERAL LIABILITY
(2) Authorize us to obtain records and other
information;
Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization which may be liable
to the insured because of injury or damage
to which this insurance may also apply.
d. No insured will, except at that insured's own
cost, vduntarily make a payment, assume any
obligation, or incur any expense, other than for
first aid, without our consent.
e. The following provisions apply to Paragraph a.
above, but only for purposes of the insurance
provided under this Coverage Part to you or any
insured listed in Paragraph 1. or2. of Section II
—Who Is An Insured:
(3)
(1) Notice to us of such "occurrence" or
offense must be given as soon as
practicable only after the "occurrence" or
offense is known to you (if you are an
individual), any of your partners or
members who is an individual (if you are a
partnership or joint venture), any of your
managers who is an individual (if you are a
limited liability company), any of your
"executive officers" or directors (if you are
an organization other than a partnership,
joint venture, or limited liability company),
any of your trustees who is an individual (if
you are a trust) or any "employee"
authorized by you to give notice of an
"occurrence" or offense.
(2) If you are a partnership, joint venture,
limited liability company or trust, and none
of your partners, joint venture members,
managers or trustees are individuals, notice
to us of such "occurrence" or offense must
be given as soon as practicable only after
the "occurrence" or offense is known by
(a) Any individual who is:
(i) A partner or member of any
partnership or joint venture;
(ii) A manager of any limited liability
company;
(3)
(iii) An executive officer or director of
any other organization; or
(iv) A trustee of any trust;
that is your partner, joint venture
member, manager or trustee; or
(b) Any employee authorized by such
partnership, joint venture, limited
liability company, trust or other
organization to give notice of an
"occurrence' or offense.
Notice to us of such "occurrence" or
offense will be deemed to be given as soon
as practicable if it is given in good faith as
soon as practicable to your workers'
compensation insurer. This applies only if
you subsequently give notice to us of the
"occurrence" or offense as soon as
practicable after any of the persons
described in Paragraph e.(1) or (2) above
discovers that the "occurrence" or offense
may result in sums to which the insurance
provided under this Coverage Part may
apply.
However, if this policy includes an endorsement
that provides limited coverage for "bodily injury"
or "property damage" or pdlution costs arising
out of a discharge, release or escape of
"pollutants" which contains a requirement that
the discharge, release or escape of "pollutants"
must be reported to us within a specific number
of days after its abrupt commencement, this
Paragraph e. does not affect that requirement.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us into
a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
an agreed settlement or on a final judgment against
an insured; but we will not be liable for damages
that are not payable under the terms of this
Coverage Part or that are in excess of the
applicable limit of insurance. An agreed settlement
means a settlement and release of liability signed by
us, the insured, and the claimant or the claimants
legal representative.
Page14of21
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
4. Other Insurance
If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A
or B of this Coverage Part, our obligations are
limited as described in Paragraphs a. and b. below.
As used anywhere in this Coverage Part, other
insurance means insurance, or the funding of
losses, that is provided by, through or on behalf of:
(i)
Another insurance company;
(ii) Us or any of our affiliated insurance companies,
except when the Non cumulation of Each
Occurrence Limit provision of Paragraph 5. of
Section III — Limits Of Insurance or the Non
cumulation of Personal and Advertising Injury
Limit provision of Paragraph 4. of Section III —
Limits of Insurance applies because the
Amendment — Non Cumulation Of Each
Occurrence Limit Of Liability And Non
Cumulation Of Personal And Advertising Injury
Limit endorsement is included in this policy,
(iii) Any risk retention group; or
(iv)Any self-insurance method or program, in
which case the insured will be deemed to be
the provider of other insurance.
Other insurance does not include umbrella
insurance, or excess insurance, that was bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part.
As used anywhere in this Coverage Part, other
insurer means a provider of other insurance. As
used in Paragraph c. below, insurer means a
provider of insurance.
a. Primary Insurance
This insurance is primary except when
Paragraph b. below applies. If this insurance is
primary, our obligations are not affected unless
any of the other insurance is also primary.
Then, we will share with all that other insurance
by the method described in Paragraph c. below,
except when Paragraph d. below applies.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether
primary, excess, contingent or on any
other basis:
CG T1 00 0219
(i) That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(ii) That is insurance for "premises
damage";
(iii) If the loss arises out of the
maintenance or use of aircraft,
"autos" or watercraft to the extent
not subject to any exclusion in this
Coverage Part that applies to
aircraft, "autos" or watercraft;
(iv) That is insurance available to a
premises owner, manager or
lessor that qualifies as an insured
under Paragraph 4. of Section II —
Who Is An Insured, except when
Paragraph d. below applies; or
(v) That is insurance available to an
equipment lessor that qualifies as
an insured under Paragraph 5. of
Section II — Who Is An Insured,
except when Paragraph d. below
applies.
(b) Any of the other insurance, whether
primary, excess, contingent or on any
other basis, that is available to the
insured when the insured is an
additional insured, or is any other
insured that does not qualify as a
named insured, under such other
insurance.
(2) When this insurance is excess, we will
have no duty under Coverages A or B to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do so,
but we will be entitled to the insured's rights
against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
(a) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(b) The total of all deductible and self -
insured amounts under all that other
insurance.
(4) We will share the remaining loss, if any,
with any other insurance that is not
described in this Excess Insurance
provision and was not bought specifically to
apply in excess of the Limits of Insurance
shown in the Declarations of this Coverage
Part.
(3)
© 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V - DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notirps that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
2. "Advertising injury':
a. Means injury caused by one or more of the
following offenses:
(1) Oral or written publication, including
publication by electronic means, of material
in your "advertisement" that slanders or
libels a person or organization or
disparages a person's or organization's
goods, products or services, provided that
the claim is made or the "suit" is brought by
a person or organization that claims to have
been slandered or libeled, or that claims to
have had its goods, products or services
disparaged;
(2) Oral or written publication, including
publication by electronic means, of material
in your "advertisement" that:
(a) Appropriates a person's name, voice,
photograph or likeness; or
(b) Unreasonably places a person in a
false light; or
Infringement of copyright, "title" or "slogan"
in your "advertisement", provided that the
claim is made or the "suit" is brought by a
person or organization that claims
ownership of such copyright, "title" or
"slogan".
b. Includes "bodily injury' caused by one or more
of the offenses described in Paragraph a.
above.
3. "Auto" means:
a. A land motor vehicle, trailer or semitrailer
designed for travel on public roads, including
any attached machinery or equipment; or
b. Any other land vehicle that is subject to a
compulsory or financial responsibility law, or
other motor vehicle insurance law, where it is
licensed or principally garaged.
However, "auto" does not include "mobile
equipment".
4. "Bodily injury' means:
a. Physical harm, including sickness or disease,
sustained by a person; or
b. Mental anguish, injury or illness, or emotional
distress, resulting at any time from such
physical harm, sickness or disease.
5. "Broadcasting" means transmitting any audio or
visual material for any purpose:
a. By radio or television; or
(3)
b. In, by or with any other electronic means of
communication, such as the Internet, if that
material is part of:
(1) Radio or television programming being
transmitted;
(2) Other entertainment,
instructional, music or news
being transmitted; or
Advertising transmitted with any of such
programming.
6. "Coverage territory' means:
a. The United States of America (including its
territories and possessions), Puerto Rico and
Canada;
b. International waters or airspace, but only if the
injury or damage occurs in the course of travel
or transportation between any places included
in Paragraph a. above; or
c. All other parts of the world if the injury or
damage arises out of:
(1) Goods or products made or sold by you in
the territory described in Paragraph a.
above;
(2) The activities of a person whose home is in
the territory described in Paragraph a.
above, but is away for a short time on your
business; or
"Personal and advertising injury" offenses
that take place through the Internet or
similar electronic means of communication;
provided the insured's responsibility to pay
damages is determined in a "suit" on the merits in
the territory described in Paragraph a. above, or in a
settlement we agree to.
7. "Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software (including
systems and applications software), hard or floppy
disks, CD-ROMs, tapes, drives, cells, data
processing devices or any other media which are
used with electronically controlled equipment.
(3)
(3)
educational,
programming
8. "Employee" includes a "leased worker". "Employee"
does not include a "temporary worker".
9. "Executive officer" means a person holding any of
the officer positions created by your charter,
constitution, bylaws or any other similar governing
document.
CG T1 00 0219
© 2017 The Travelers Indemnity Company. All rights reserved. Page 17 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Policy # P -630-5X487435
COMMERCIAL GENERAL LIABILITY
"Good Samaritan services" means any emergency
medical services for which no compensation is
demanded or received.
"Hostile fire" means a fire which becomes
uncontrollable or breaks out from where it was
intended to be.
"Impaired property' means tangible property, other
than "your product" or "your work", that cannot be
used or is less useful because:
a. It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract
or agreement;
if such property can be restored to use by the
repair, replacement, adjustment or removal of "your
product" or "your work' or your fulfilling the terms of the contract or agreement.
13. "Insured contract" means:
a. A contract for a lease of premises. However,
that portion of the contract for a lease of
premises that indemnifies any person or
organization for "premises damage" is not an
"insured contract';
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection with construction or demolition
operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to
indemnify a municipality, e>cept in connection
with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement
pertaining to your business (including an
indemnification of a municipality in connection
with work performed for a municipality) under
which you assume the tort liability of another
party to pay for "bodily injury', "property
damage" or "personal injury" to a third person
or organization. Tort liability means a liability
that would be imposed by law in the absence of
any contract or agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1) That indemnifies a railroad for "bodily
injury" or "property damage" arising out of
construction or demolition operations,
within 50 feet of any railroad property and
affecting any railroad bridge or trestle,
tracks, roadbeds, tunnel, underpass or
crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or drawings
and specifications; or
(b) Giving directions or instructions, or
failing to give them, if that is the
primary cause of the injury or damage;
(3)
or
Under which the insured, if an architect,
engineer or surveyor, assumes liability for
an injury or damage arising out of the
insured's rendering or failure to render
professional services, including those listed
in Paragraph (2) above and supervisory,
inspection, architectural or engineering
activities.
14. "Leased worker" means a person leased to you by a
labor leasing firm under an agreement between you
and the labor leasing firm, to perform duties related
to the conduct of your business. "Leased worker"
does not include a "temporary worker".
15. "Loading or unloading" means the handling of
property:
a. After it is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto";
b. While it is in or on an aircraft, watercraft or
"auto"; or
c. While it is being moved from an aircraft,
watercraft or "auto" to the place where it is
finally delivered;
but "loading or unloading" does not include the
movement of property by means of a mechanical
device, other than a hand truck, that is not attached
to the aircraft, watercraft or "auto".
16. "Mobile equipment" means any of the following
types of land vehicles, including any attached
machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other
vehicles designed for use principally off public
roads;
b. Vehicles maintained for use solely on or next to
premises you own or rent;
c. Vehicles that travel on crawler treads;