HomeMy WebLinkAboutC-4306 - Construction and Repair Services Contract for Renovating West Newport Community CenterCONSTRUCTION AND REPAIR SERVICES CONTRACT WITH
R.G. FLEMING, INC. DBA FLEMING CONSTRUCTION SERVICES FOR
RENOVATING WEST NEWPORT COMMUNITY CENTER
THIS CONTRACT is made and entered into as of this 13t day of low
2009, by and between the CITY OF NEWPORT BEACH, a Municipal - corporation
( "City"), and R.G. FLEMING INC., doing business as ( "DBA ") FLEMING
CONSTRUCTION SERVICES, whose address is 33866 Zarzito Drive, Dana Point,
California, 92629 ( "Contractor"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State oMalifornia with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is renovating and painting the walls in Rooms #1 and #6 (Active Kidz after
school program) at West Newport Community Center located at 883 West 15th
Street in the City of Newport Beach.
C. City desires to engage Contractor to perform the work for the renovation work to
Rooms #1 and #6 at the Community Center ( "Project ".) Contractor has agreed to
perform the Project over fourteen (14) business days upon start of construction.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s]. of Contractor for purposes of the Project, shall be Rick
Fleming.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 1$ day of September, 2009, unless terminated earlier as set forth
herein.
2. SCOPE OF WORK
Contractor shall perform all the services described in the Scope of Work attached
hereto as Exhibit A and incorporated herein by this reference. As a material
inducement to the City entering into this Agreement, Contractor represents and
warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated
herein and, in light of such status and experience, Contractor covenants that it
shall follow the highest professional standards in performing the work and
services required hereunder and that all materials will be of good quality. For
purposes of this Agreement, the phrase "highest professional standards" shall
mean those standards of practice recognized by one or more first -class fines
performing similar work under similar circumstances.
2.1 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services necessary for the
Project.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Contractor shall complete the Work within the time set forth in this Section. The
failure by Contractor to meet this deadline may result in termination of this
Agreement by City and assessment of damages as outlined in Section 3.1.
All work shall be completed by September 1, 2009.
3.1 The parties agree that it is extremely difficult and impractical to determine
and fix the actual damages that City will sustain should the Contractor fail
to complete the Project within the time allowed. Should Contractor fail to
complete the work called for in this Agreement on the date outlined above,
Contractor agrees to the deduction of liquidated damages in the sum of
Fifty Dollars ($50.00) for each calendar day beyond the date scheduled
for completion provided in Section 3 of this Agreement assuming that the
Contractor has access to the space on upon notice of commencement by
the Project Administrator.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Fifty Dollars ($50.00) per calendar day is the minimum
value of the costs and actual damage caused by the failure of the
Contractor to complete the work within the allotted time. Such sum is
liquidated damages and shall not be construed as a penalty, and may be
deducted from payments due the Contractor if such delay occurs.
4. COMPENSATION
As full compensation for the performance and completion of the Project as
required by the Scope of Work, City shall pay to Contractor and Contractor
accepts as full payment the sum of Four Thousand and Seventy Five Dollars
and 00 /100 ($4,075.00). Contractor shall not receive any additional
compensation unless approved in advance by the City in writing. City shall pay
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Contractor no later than thirty (30) days after approval of the final invoice by City
staff.
5. ADMINISTRATION
This Agreement will be administered by the Recreation & Senior Services
Department. Janet Cates shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator or
his/her authorized representative shall represent City in all matters pertaining to
the services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Agreement. Any deviation from the
materials described in Exhibit A shall not be installed unless approved in
advance by the City Administrator.
6.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel
required to perform the services required by this Agreement, and that it
will perform all services in a manner commensurate with community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
6.3 Contractor shall secure building during construction occurring after normal
business hours and on weekends.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials
or other things used or employed in performing the Project or for injury to
or death of any person as a result of Contractors performance of the
services required hereunder, or for damage to property from any cause
arising from the performance of the Project by Contractor, or its
subconcontractors, or its workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from
defects, obstructions or from any cause arising from Contractor's work on
the Project, or the work of any subcontractor or supplier selected by the
Contractor.
Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability,
claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death,
3
personal injury, property damage, or any other claims arising from any and
all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or
performed pursuant to this Agreement; (2) use of improper materials in
performing this Project including, without limitation, defects in
workmanship or materials and/or design defects; and /or (3) any and all
claims asserted by Contractor's subconcontractors or suppliers on the
Project, and shall include reasonable attorneys' fees and all other costs
incurred in defending any such claim. However, nothing herein shall
require Contractor to indemnify City from the sole negligence or willful
misconduct of City, ifs officers or employees.
7A Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their
original condition and former usefulness as soon as possible, and to protect
public and private property. Contractor shall be liable for any private or
public property damaged during the performance of the Project work.
7.5 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by
City may be retained by it until disposition has been made of such suits or
claims for damages as aforesaid.
7.6 Nothing in this section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except
to the extent provided in Section 7.3 above.
7.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor
nor its employees are to be considered employees of the City. The manner and
means of conducting the work are under the control of Contractor, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment shall accrue to
Contractor or its employees.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
10. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during
4
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage
required herein. Insurance certificates must be approved by City's Risk
Manager prior to commencement of performance or issuance of any
permit or performance of any work. Current certification of insurance shall
be kept on file with City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
ii. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self - insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either party
except after thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractor's performance under this Contract.
G. Additional Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
1.1
11. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval
prior to the subcontractor performing any work. Contractor shall be fully
responsible to City for all acts and omissions of the subcontractors. Nothing in
this Contract shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law.
12. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Contract.
Contractor shall not discontinue work as a result of such withholding. Contractor
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Contractor shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
13. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Contract, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Contract by City. Contractor shall indemnify and hold
harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
14. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Contractor to City shall be addressed to City at:
VA
Attn: Janet L. Cates
Recreation and Senior Services Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA, 92660
Phone: 949 -644 -3154
Fax: 949 -644 -3155
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Richard Fleming
R.G. Fleming, Inc., dba Fleming Construction Services
33866 Zarzito Drive.
Dana Point, CA 92629
Phone: (949) 661 -4961
Fax: (949) 661 -6495
15. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all materials purchased in performance of this
Agreement.
16. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted.
111
17. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not
be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition.
18. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
Agreement or implied covenant shall be held to vary the provisions herein.
19. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services, the terms of this Agreement shall govern.
20. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor
has visited the Project Site, has become familiar with the local conditions under
which the work is to be performed, and has taken into consideration these factors
in submitting its Project Proposal and Scope of Work.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
23. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
11-1-016� -
ynette Beaucha p,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
D�k 1, 6w-,
Leilani Brown,
City Clerk
hl
u
'0�'oRS�
CITY OF NEWPORT BEACH,
A Municipal Corporation
By -
aura Detweiler, Director
Recreation & Senior
Services Department
CONTRACTOR:
R.G. Fleming, Inc., dba
Fleming Construction Services
By:
Ri hard Pfeming ,
Preside nt/Treasur Vr
Attachments: Exhibit A—Scope of Work/ Rates
FEP.- 16-2002 06:41P FROM:
miNdAm
R.G. FLEMING INC.
TRANSMITTAL
TO: JENNA CATES DATE' 5/29/09
CITY OF NEWPORT BEACH
RECREATION AND SENIOR SERVICES
3300 NEWPORT BLVD,
NEWPORT BEACH, CA 92658 PROJECT
PHONE M4916443164
FAX 9d9164.d�3�66
SENT VIA FAX JOB NUMBER.
TO:6443155 P:1,2
PRINTS _SCHEMATIC DRAWINGS _SAMPLES
__PHDTOSTATS _CONSTRUCT70N DOCUMENTS _SHOP DRAWINGS
LETTER SPECIFICATIONS OTHER
REMARKS:
RICK FLEMING
DISTRIBUTION: FROM:
RICK FLEMING
FILE R.G. FLEMING INC LICENSE ftM073
33866 ZARIITO DRIVE
DANA POINT, CA 92629
(94% B7 &5577
FAX (949) 661$495 mf eansmnea
FEB'16r -2002 06:41P FROM; TO: 6443155 P:212
R. G. FLEMING INC.
JENNA CATES
CITY OF NEWPORT BEACH
RECREATION AND SENIOR SERVICES DEPARTMENT
3300 NEWPORT BLVD.
NEWPORT BEACH, CA 92658
Subject: OFFICE REWORK
Job No:
5/29109
PRICE QUQ TATIO re ised
Fleming Construction Services cost proposal for the work at Westalde Park
Community Center
ADMINISTRATION
add FJ pine chair rail at 32" chair height all wails
paint ceiling, walls and doortwindow trim
walls to be 1 color below and another color above chair rail, trim white.
includes minor drywall patch and prep for existing'handprints'
CLASSROOM 01
add FJ pine chair rail at 32" chair height ail walls (except back alcove by door)
add 3116" masonite between floor base and chair rail with 'chalkboard paint'
paint ceiling, walls and doorhvindow trim
walls to be 1 color below and another color above chair rail, trim white,
Includes remove exist chalkboard, minor drywall patch and prep.
The proposed price is Four Thousand Seventy Five Dollars (54,075.00).
Excludes plans, permits, electrical, phone & data
Thank you again for allowing Fleming construction Services to bid this project.
IF you have any questions regarding this proposal, please call me at 9491678 -6677.
Thank you for the opportunity to be of service,
SINCERELY,
RICHARD FLEMINqPSIDENT
R.G. FLEMING INC.
33866 Zarzito Drive Dana Point, CA 92629
949/ 678.5577 Fax 949/ 661 -6495
LICENSE !1641073
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CERTIFICATE OF LIABILITY INSURANCE ONOW9
PRODUCER Beach Cities Insurance Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1 105 N Coast Hlghvniy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Laguna Beach. CA 92651 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone (949)494 -0421 Fax (949)494 -0956 - INSURERS AFFORDING COVERAGE NA)C D
INSUREH A State National Insurance CO
INSURED R.G Fleming, Inc. INSURER B
13866 Zarzito Drive INsHRFR C
Dana Point, CA 92629 INSURER O:
INSURER E
COVERAGES INSURt R
THE POI ICIES OT INSURANCE LIST ED HAVE HFEN ISSN IFD "TO I HE INSURED NAMED ABOVE FOR THE POLK:Y PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT. PERM OR CONDITION DF ANY CONTRACT OR OTHER DOCUMENT WHH RFSPECT 10 WHCH'THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANC CONDITIONS OF SUCH
PGLICIE i AGGREGATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS
IN%R AWL TYPE OF INSURANCE POLICY NUMBER 'Pd TE ETFECTVF }POLICY F. %PIRATION Lim
LIR INSRe OATE(Monary) MTEPMMa)ONY)
000
A J
GENERAL LIABILITY
J: COMMERCIAL GENERAL LIABILITY OR1000356
CLAUS MADE V OCCUR
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V POLICY . PROJECT LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULEDAUTOS
HIRED AU TOS
NON OWNED AU1 US
GARAGE LIABILITY
ANY AUTO
EXCESSIUMBRELLA LIABILITY
OCCUR CLAIMS MAN*
DEDUCTIBLE
4 RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY'ROPRIETOR I PARTNER I EXECUTIVE
OFFICER I MEMBER EXCLUDED?
If yes describe under
SPECIAL PROVIW14S below
OTHER
EACH OCCURRENCE
1,000,
DAMAGE TO RENTED
100 �'
061'05/08 08/05/09 'PREMISES (Ea oconenCe)
MED EXP (Any one pm;on)
5.000
PERSONAL BADV INJURY
1,000,000
GENERAL AGGREGATE
2,000.000'
' PRODUCTS. COMPIOP AGG
2,000,000
COMBINED SINGLE I IAI'I
(Ea Madan])
BODILY INJURY
(Per Ptinwn)
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DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS
Contractor - RemodeTirg - Resktential
Job LceabOR Cliff Drive Park, 301 Riverside Ave - Newport Beach. CA 92260
City of Newport Beach is Domed additional insured per the attached endorsement CGL1816 0106
Waiver of Subrogation Is inducted CG2404 0509 and Pnnary and non - contributory wording CGL 1816 0509
'EXCEPT 10 DAYS FOR NON - PAYMENT
CERTIFICATE HOLDER
City of Newport Beach
3301 Newport Blvd.
Newport Beach, CA 92660
ACORD 25 (2001108) OF
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POOCtES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
'30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
® COWL, eRPORA.TIOH 1988
Pni if: y 0: OR 11) 0 ,5`,h
CGL 1816 0106
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION - PRIMARY AND NON- CONTRIBUTORY
COVERAGE
This endorsement modifies insurance provided under the following:
CONTRACTORS LIMITED CLAIMS MADE GENERAL LIABILITY COVERAGE FORM
CONTRACTORS LIMITED CLAIMS MADE AND REPORTED GENERAL LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): _
Ci I y 01 Newport ti a( h
C1 i f f Drive Part(
3n1 RiversidF Ave.
Nvwpnrt Reath, CA 922hi)
A. Section It — Who Is An Insured is amended to 2. That portion of "your work" out of which the
include as an additional insured the person(s) or injury or damage arises has been put to its
organization(s) shown in the Schedule, but only intended use by any person or organization
with respect to liability for "bodily injury', "property other than another contractor or subcontractor
damage" or 'personal and advertising injury' engaged in performing operations for a
caused, in whole or in part, by principal as a part of the same project.
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf,,
In the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:
This insurance does not apply to 'bodily injury' or
"property damage" occurring after:
1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed, or
C. It is agreed that the insurance provided for the
benefit of the above additional insured(s) shall be
primary and non - contributory, but only with
respect to liability for "bodily injury', "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions: or
2_ The acts or omissions of those acting on your
behalf.
in the performance of your ongoing operations for
the additional insured(s) at i:he location(s)
designated above.
CGL 1816 0106 Includes copyrighted material of Insurance Services Office. Inc. wnh as Page 1 of 1 ❑
permissron. Co ISO Pmpemes. Inc.. 2004
POLICYNUMBER: nR1000356
COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
Th,s endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /CDMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
City of Ni -wpurt Beach
to complete this Schedule, if not shown above. will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV — Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products -
completed operations hazard ". This waiver applies
only to the person or organization shown in the
Schedule above.
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