HomeMy WebLinkAboutC-7055-1 - On-Call M/RSA for As-Needed Concrete Coring ServicesCCv
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(— ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH CONCRETE CORING COMPANY INC. FOR
,J AS -NEEDED CONCRETE CORING SERVICES
THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement') is made and entered into as of this 3rd day of February, 2016 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and CONCRETE CORING COMPANY INC., a
California corporation ("Contractor"), whose address is 14005 Orange Avenue,
Paramount, California 90723, 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 of California 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 desires to engage Contractor to perform on-call maintenance and/or repair
services for City ("Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified 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 Effective Date, and shall
terminate on January 31, 2017, unless terminated earlier as set forth herein.
SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.1.3 The estimated number of hours and cost to complete the Services;
and
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made
during the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Twenty Five Thousand Dollars and 001100
($25,000.00), without prior written amendment to the Agreement.
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal, or
specifically approved in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Dennis Richens to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Field Maintenance Manager or designee shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
shall represent City in all matters pertaining to the Services to be rendered pursuant to
this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
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existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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 or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 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 and with the ordinary
degree of skill and care that would be used by other reasonably competent practitioners
of the same discipline under similar circumstances. All Services shall be performed by
qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and legally recognized
professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 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 Contractor's 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 subcontractors, or its workers, or anyone employed by either of them.
9.2 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 Contractor.
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9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all 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 Work by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of 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 expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
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Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
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to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any 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. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
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20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. 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 Agreement. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project
23. CONFLICTS OF INTEREST
23.1 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 Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 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 Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
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business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Field Maintenance Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Dennis Richens
Concrete Coring Company Inc.
14005 Orange Ave
Paramount CA 90723
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
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26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSK) (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
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28.4 Integrated Contract. 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.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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.
28.7 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.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 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, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3L//0116
By:- 4r
Aaron C. Harp VMv4L1m-1
City Attorney
ATTEST:
Date:_ 8, K. Ib
By:aa,4� X, )30_r�
Y
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Z. _-7 C- s I Cv
Mik Pisani
Municipal Operations Director — General
Services
CONTRACTOR: Concrete Coring
Company Inc., a California corporation
Date:
By:
Dennis Richens
President
Date:
PO�,A
0
B
Ari ne Richens
Air
41 F0 [END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
• DESCRIPTION OF SERVICES
o Furnish all labor, equipment and supervision to provide as -needed
concrete and asphalt saw cutting services.
o Services shall include, but not be limited to:
■ Saw cut concrete and asphalt infrastructures, such as sidewalks,
curb/gutter, alleys and streets;
■ Core drill through walls and curbs; and
• Layout/marking of work to be performed.
• UNDERGROUND EXCAVATION
o The Contractor shall be responsible for locating all underground utility
lines to insure the safety of his/her work crew and to protect, in place,
existing utility equipment before commencing any excavation. Contractor
shall contact the Project Administrator and Underground Service Alert
(www.di,galert.org) (1-800-227-2600) forty-eight (48) hours before
commencing any excavation, to locate underground service lines.
Concrete Coring Company Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Concrete Coring Company Inc. Page B-1
CORE DRILLING
Diameter
Per Foot
Diameter
Per Foot
Diameter
Per Foot
1"- 1 1/2"
$
37.00
8"
$
94.00
26"
$1,200.00
2"
$
40.00
9"
$
103.00
28"
$1,444.00
21/2"
$
44.00
10"
$
111.00
30"
$1,733.00
3"
$
46.00
12"
$
165.00
32"
$2,079.00
31/2"
$
52.00
14"
$
280.00
36"
$2,495.00
4"
$
57.00
16"
$
336.00
40"
$2,994.00
41/2"
1 $
65.00
18"
$
515.00
44
$3,593.00
5"
$
70.00
20"
$
779.00
48"
$4,312.00
6"
$
79.00
22"
$
924.00
7"
86.00 1
1 24"
1 4i
1,00 .
Unit price per foot, per hole, including reinforcing to 5/8"
SPECIAL CONDITIONS: Show -up
$ 175.00
Minimum Jobs/1st 3 hrs. $280.00/1st hr+ hrly rate there after
Minimum Overtime Job
$ 495.00
Minimum Job, Sundays & Hoildays
$ 540.00
Minimum Refinery Job
$ 350.00
Overtime Work (Except Holidays) Add
$30.00/hr
Sundays and Holidays Add
$50.00/hr
Stand-by Time
$125.00/hr
Slurry Disposal:
Minimum 20 gal. barrel
$ 125.00 MIN.
Per Barrel 55 gal. barrel
$ 25.00 EA. ADD.
Deeper Drilling: 12 1/2" to 18" @ 1 1/2 times list price per foot
18 1/2" to 24" @ 2 times list price per foot
24 1/2" to 36" @ 3 times list price per foot
Holes over 36" in depth, by bid only.
Angle Drilling : 1 1/2 times list price per foot
Inverted Drilling : 3 times list price per foot
Reinforcing over 5/8" : 1 1/2 times list price per foot
Prices on the following are per bid only:
Roto Hammer and Dry Drilling
Work over 10' high
Work 5' or more below grade
Work off scaffold
Robertson Decking
Multi -story buildings
Static Converter, Pacometer, counter -sink Holes
Note: Any Jobs billed hourly will have a mobilization charge:
$140.00/REG.
$170.00 O/T
OCT. 09
GAS SLAB SAWING
NON -REINFORCED CONCRETE SLAB SAWING
»****** Price per lineal foot at depth of: I»**»***
Linear foot
1"
10"
2"
11"
3"
12"
4"
13"
5"
14"
6"
15"
7"
16" 1
8"
17"
9"
Minimum
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 2W-00-
0-49
$ 0.56
$
1.12
$
1.50
$
1.80
$
2.55
$
3.22
$
3.88
$
4.55
$
5.21
50.99
$ 0.50
$
1.00
$
1.35
$
1.74
$
2.35
$
2.97
$
3.58
$
4.19
$
4.80
100-299
$ 0.44
$
0.66
$
1.25
$
1.64
$
2.18
$
2.72
$
3.25
$
3.79
$
4.33
300-499
$ 0.39
$
0.78
$
1.17
$
1.56
$
2.05
$
2.54
$
3.02
$
3.51
$
4.00
500-999
$ 0.35
$
0.74
$
1.13
$
1.52
$
1.96
$
2.41
$
2.83
$
3.27
$
3.71
1000.1500
$ 0.32
$
0.71
$
1.10
$
1.49
$
1.89
$
2.29
$
2.69
$
3.09
$
3.49
.Quantity
$ 29.00
$
0.68
$
1.07
$
1.46
$
1.82
$
2.19
$
2.55
$
2.91
$
3.27
Linear foot
10"
10"
11"
11"
12"
12"
13"
13"
14"
14"
15"
15"
16"
16" 1
17"
17"
189BID
Minimum
$ 300.00
$ 300.00
$ 300.00
$ 375.00
$ 375.00
$ 375.00
$ 375.00
$ 375.00
0-49
$
5.76
$
6.40
$
7.11
$
7.90
$
8.78
$
9.75
$
10.84
$
12.04
50-99
$
5.35
$
5.94
$
6.60
$
7.34
$
8.15
$
9.06
$
10.07
$
11.19
100.299
$
4.88
$
5.26
$
5.84
$
6.49
$
7.21
$
8.02
$
8.91
$
9.90
300-499
$
4.55
$
4.90
$
5.45
$
6.05
$
6.72
$
7.47
$
8.30
$
9.22
$
500-999
$
4.26
$
4.73
$
5.26
$
5.84
$
6.49
$
7.21
$
8.02
$
8.76
1.89
1000-1500
$
4.04
$
4.49
$
4.99
$
5.54
$
6.16
$
6.84
$
7.60
$
8.45
Quantity
$
3.82
$
4.24
$
4.72
$
5.24
$
5.82
$
6.47
$
7.19
$
7.99
BID
Unit Price Per Lineal Foot Includes Wire Mesh reinforcement
ASPHALT SLAB SAWING
Price per lineal foot at depth
Linear foot
1"
10"
2"
11"
3"
12"
4"
13"
5"
14"
6"
15"
7"
16" 1
18.,
17"
9"
Minimum
Minimum
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
$ 280.00
0-49
$
0.45
$
0.90
$
1.35
$
1.60
$
2.00
$
3.00
$
3.39
$
4.03
$
4.67
50.99
$
0.39
$
0.80
$
1.20
$
1.55
$
1.88
$
2A4
$
3.01
$
3.57
$
4.13
100.299
$
0.35
$
0.71
$
1.06
$
1.42
$
1.77
$
2.23
$
2.70
$
3.16
$
3.62
300.499
$
0.32
$
0.64
$
0.96
$
1.28
$
1.68
$
2.08
$
2.48
$
2.88
$
3.28
500.999
$
0.29
$
0.58
$
0.87
$
1.16
$
1.52
$
1.89
$
2.25
$
2.61
$
2.97
1000.1500
$
0.27
$
0.54
$
0.81$
5.21
1.08
$
1.42
$
1.76
$
2.09
$
2.43
$
2.77
Quantit
$
0.25
$
0.50
$
0.75
$
1.00
1 $
1.31
$
1.63
$
1.94
$
2.25
$
2.56
Linear foot
10"
met or exceeded
11"
12"
$ 175.00
13"
Minimum Overtime Job
14"
1
15"
Overtime Work (Except Holidays)
16" 1
Sundays & Hoildays
17"
18"-24"
Minimum
$ 300.00
$ 300.00
$ 300.00
$ 375.00
$
375.00
$ 375.00
$ 375.00
$ 375.00
BID
25.49
$
5.18
$
5.76
$
6.40
$
7.11
$
7.90
$
8.77
$
9.75
$
10.83
BID
50-99
$
4.58
$
5.09
$
5.65
$
6.28
$
6.98
$
7.76
$
8.62
$
9.58
BID
100-299
$
4.02
$
4.47
$
4.97
$
5.52
$
6.13
$
6.81
$
7.57
$
8.41
BID
300-499
$
3.64
$
4.05
$
4.50
$
5.00
$
5.55
$
6.17
$
6.86
$
7.62
BID
500-999
$
3.30
$
3.67
$
4.07
$
4.53
$
5.03
$
5.59
$
6.21
$
6.90
BID
1000.1500
$
3.08
$
3.42
$
3.80
$
4.22
$
4.69
$
5.21
$
5.79
$
6.43
BID
Quantity
$
2.85
$
3.17
$
3.52
$
3.91
$
4.34
$
4.83
$
5.36
$
5.96
BID
Actual measured footage includes overcuts
NOTE: Unit prices apply only when the minimum price has been
met or exceeded
under ano0ier item.
SPECIAL CONDITIONS: Show - up
$ 175.00
Minimum Job/1- 3hrs. $280.001 1st hr., hrly rate there after
Minimum Overtime Job
$ 495.00
Minimum Job Sundays & Holidays
$ 540.00
Overtime Work (Except Holidays)
$30.00 Per Hour
Sundays & Hoildays
$50.00 Per Hour
Stand-by Time
$125.00 Per Hour
Slurry Disposal / Barrel: MIN. $125.001$26.00 EA. ADDITIONAL
Minimum Refinery Job
$ 350.00
1/4" Wide Sawing: 1 1/2 times List Price
3/8" Wide Sawing : 2 times List Price
Curb Cuts
$15.00 Each
Curb and Gutter Cuts
$20.00 Each
Reinforced Concrete : Price per bid only
Note: Any Jobs billed hourly will have a mobilization charge:
$140.00 Reg.
$170.00 O/T OCT. 09
RADAR SCANNING
$450 minimum charge (includes travel fee)..... $150 per hour (2 hr. min.)
ELECTRIC WALL SAWING
4/IN.FT.
Price Per Linear Foot At Denth Of
Material Cut
4"
5"
6"
4"
7"
6"
8"
10"
12"
Minimum Job
14"
16"
18"
$ 385.00
19" - 30"
Minimum Job
$
450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 450.00
$ 500.00
$ 550.00
BID
Brick or Block
$13.00
$ 22.00
$
14.00
$
16.00
$
17.00
$ 20.00
$ 22.00
$
24.00
$ 32.00
$ 35.00
$
39.00
BID
Concrete to 518" reinf.
$
14.00
$
15.00
$
18.00
$
19.00
$ 21.00
$ 28.00
$
30.00
1 $ 40.00
$ 46.00
$
62.00
BID
Concrete to 718" reinf.
$
15.00
1 $
17.00
$
20.00
1 $
22.00
$ 24.00
$ 30.00
$
34.00
1 $ 46.00
$ 51.00
$
70.00
BID
Heavily Reinf, Concrete
I
I
Bid Per Job Onl
jActual measured footage incudes overcuts I
NOTE: Unit prices apply only when the minimum price has been met or exceeded
under another item.
ELECTRIC HAND SAWING
Price Per Linear Foot At Depth Of:
Material Cut
1"
2"
3"
4"
Ir
6"
7"
8"
Minimum Job
$
385.00
$ 385.00
$ 385.00
$ 385.00
$ 385.00
$ 385.00
$ 385.00
$ 385.00
Brick or Block
$
6.00
$
7.00
$ 8.00
$ 12.00
$ 14.00
$ 17.00
$
18.00
$ 22.00
Concrete to 5/8" reinf.
$
7.00
$
8.00
$ 10.00
$ 14.00
$ 15.00
$ 20.00
$
22.00
$ 24.00
Concrete to 718" reinf.
$
8.00
$
11.00
$ 13.00
$ 17.00
$ 18.00
$ 22.00
$
24.00
$ 26.00
Heavily Reinf. Concrete
IBid
Per Job Onl
) Actual measured footage includes overcuts
NOTE: Unit prices apply only when the minimum price has been met or exceeded
under another item.
Special Conditions
Show up
Minimum Job
Minimum Overtime Job
Minimum Job Sundays & Holidays
Overtime Work (Except Sundays & Holidays)
Sundays & Holidays
Stand-by Time
Minimum Refinery Job
Core Drill Comers
Hand Saw Corners
Chain Saw Corners
Flush Cutting
Lowering of Openings
Slurry Disposal:
Minimum
Per Barrel
Prices on the following are per bid only:
Angle and Overhead Sawing
Work over 10' high
Work in multi story buildings
$ 175.00
Price Per Schedule
$ 585.00
$ 630.00
$30.00 Per Hour
$50.00 Per Hour
$155.00/hr
$585.00
Per Core Drill List Prices
NIC
Minimum $200.00
2 Times List Price Per Foot
Not Included in List Prices
$ 125.00
$ 25.00 EA. ADDITIONAL
Note: Any Jobs billed hourly will have a mobilization charge: $140.00 Reg. OCT. 09
$170.00 O/T
ELECTRIC SLAB SAWING
Price per Iinnear foot at depth of:
Linear foo 1"
2"
4"
5"
6"
7"
8..
9"
10" - 12"
0-24
$ 300.00
$ 300.00
$385.00
$385.00
$385.00
$385.00
$385.00
$400.00
$475.00
25-49
$
2.05
$
315
$
4.30
$
4.30
$
5.15
$
5.60
$
6.05
$
6.50
BID
50-99
$
1.75
$
2.75
$
3.75
$
4.15
$
4.50
$
4.90
$
5.30
$
5.65
BID
100-299
$
1.55
$
2.40
K385.00
$
3.65
$
4.00
$
4.40
$
4.80
$
5.15
$
5.55
BID
300-499
$
1.20
$
1.75
$
2.85
$
3.35
$
3.70
$
4.10
$
4.50
$
4.85
BID
500-999
$
1.05
$
1.60
$
2.80
$
3.20
$
3.60
$
3.95
$
435
$
4.75
BID
Quantit
$
0.90
$
1.45
$
2.65
$
3.00
$
3.40
$
3.80
$
4.20
$
4.55
BID
NOTE:
Unit Price Per Foot includes Wire mesn Kemrorcing I
Unit prices apply ony when the minimum price has been met or exceeded
under another item.
Special Conditions
Show -up
Minimum Job
Minimum Overtime Job
Minimum Job Sundays & Holidays
Overtime Work (Except Holidays)
Sundays & Holidays
Stand-by Time
Slurry Removal / barrel
MINIMUM
EACH ADDITIONAL
GREEN CONCRETE SLAB SAWING &
GAS LOOP SAWING WILL BE DONE
BY THE HOUR, AT $140.00 / hr.
ELECTRIC LOOP SAWING TO BE DONE
AT $155.00 / hr.
$ 175.00
Price Per Schedule
$ 540.00
$ 585.00
$30.00 Per Hour
$50.00 Per Hour
$145.00 Per Hour
$ 125.00
$ 25.00 EA.
OCT. 09
Note: Any Jobs that are billed hourly will have a mobilization charge: V $140.00 REG.
$170.00 Off
BREAK AND REMOVE
2015
By
1 Man Compressor Crew 1 cy Flatbed & Compressor
$135.00/h
2 Man Compressor Crew
$230.00/h
Dump Fees
Extra
Rock Drill
$135.00/h
3 hr Minimum 1 Man Compressor Crew
$ 405.00
Overtime minimum
$ 495.00
Sunda & Holidays minimum
$ 585.00
/Hour
!SM
$ 135.00
By Bobcat
Bobcat with Loader Bucket
$150.00/h
Bobcat with Breaker
$195.00/h
Bobcat with Backhoe
$160.00/hr
Bobcat with Auger
$150.00/h
Dump Truck
$110.00/hr
4 hr Minimum
Dump Fees
Extra
Travel to job, and to Dump
Extra
Overtime
Sundays/Holidays
$32/hr
$50/hr
Note: Any Jobs billed hour) will have a mobilization char e:
$180 Reg,
$300 Orr
HOURLY EQUIPMENT RATES
EFFECTIVE OCT. 09
CONCRETE
GAS FLAT SAWS
0 TO 8 INCH
>8 TO 12 INCH
> 12 TO 24 INCH
16 HORSE POWER
$ 140.00
DNA
DNA
35 HORSE POWER
$ 140.00
$ 145.00
DNA
65 HORSE POWER
$ 160.00
$ 185.00
BID
STEEL CUTTING EXTRA
BID I
I BID I
I BID
MEDIUM HARD AGGREGATE ONLY
ASPHALT
GAS FLAT SAWS
0 TO 8 INCH 1
8 TO 12 INCH
12 TO 241
16 HORSE POWER
$ 140.00
DNA
DNA
35 HORSE POWER
$ 140.00 1
$ 140.00
DNA
65 HORSE POWER
$ 150.00 1
1 $ 165.00 1
1 BID
CONCRETE
ELECTRIC FLATSAW
0 TO 5 INCH
5 TO 8 INCH
8 TO 12 INCH
16 HORSE POWER
$ 155.00
$ 165.00
BID
25 HORSE POWER
$ 165.00
$ 175.001
BID
HEAVY STEEL EXTRA
BID
I BID I
I BID
MASTER PLATE EXTRA
BID I
I BID I
I BID
CONCRETE
ELECTRIC WALLSAW
0 TO 15 INCH
115 TO 21 INCHI
1 21 TO 24 INCH
25 HORSE POWER
$ 170.00
1 $ 195.001
1 BID
CONCRETE
ELECTRIC HANDSAW
0 TO 5 INCH
>5 TO 8 INCH
N/A
110 VOLT SAW
$ 140.00
DNA
N/A
14 INCH HIGH CYCLE
$ 155.00
DNA
N/A
20 INCH HIGH CYCLE
I DNA
$ 165.00
N/A
GAS HANDSAW
1 $ 140.00
DNA I
N/A
$ 140.00 MOBILIZATION CHARGE FOR SOUTHERN CALIFORNIA BASIN / HR. / DAY
ALL PRICES ARE SUBJECT TO FUEL SURCHARGE IF NECESSARY
EQUIPMENT RATES
CONTINUED... OCT. 09
CORE DRILLING DIA. 0" - 12"
12" - 24"
24" - 48"
110 VOLT $ 140.00
DNA
DNA
HIGH CYCLE 7 HP $ 140.00
$ 160.00
DNA
HYDRAULIC 20 HP $ 155.00
$ 165.00
$ 200.00
CONTINUOS TUBE $ 170.00
DNA
DNA
HEAVY STEEL PRICED HIGHER
# 6 BAR OR MULTIPLE BARS PER HOLE
4 HOUR MINIMUM FOR> 24 TO 48 INCH
$ 135.00
$ 135.00
GROOVING
CONC.
ASPHALT
HIGH CYCLE ELECTRIC
$ 155.00
$ 155.00
STEP GROOVER
$ 145.00
$ 145.00
3 HOUR MINIMUM
$ 140.00
$ 140.00
GRINDING
CONCRETE
ASPHALT
GAS GRINDER
$ 140.00
$ 140.00
ELECTRIC GRINDER
$ 145.00
DNA
GAS SCARIFIER
$ 140.00
$ 140.00
ELECTRIC SCARIFIER
$ 145.00
DNA
3 HOUR MINIMUM
$ 135.00
$ 135.00
BREAK AND REMOVE
CONCRETE
ASPHALT
HAND BREAK
$ 125.00
$ 125.00
ROCK DRILL
$ 125.00
$ 125.00
BOBCAT BREAKER
$ 160.00
$ 160.00
BOBCAT BACKHOE
$ 135.00
$ 135.00
BOBCAT AUGER
$ 135.00
$ 135.00
DUMP TRUCK
$ 100.00
$ 100.00
3 HOUR MINIMUM ON HAND BREAKING
4 HOUR MINIMUM ON BOBCAT
Dump Fees = $150.00
$140.00 MOBILIZATION CHARGE FOR SOUTHERN CALIFORNIA BASIN / HR / DAY
ALL PRICES ARE SUBJECT TO FUEL SURCHARGE IF NECESSARY
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIRIJANITORIAL SERVICES
1. Provision of 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 the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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
Concrete Coring Company Inc. Page C-1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Concrete Coring Company Inc. Page C-2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of speck coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
Concrete Coring Company Inc. Page C-3
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's 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.
Concrete Coring Company Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/24/16 Dept./Contact Received From: Joan
Date Completed: 3/1/16 Sent to: Joan By: Chris/Alicia
Company/Person required to have certificate: Concrete Coring Co. Inc.
Type of contract: All Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17
A.
INSURANCE COMPANY: Wesco Insurance Company
B.
AM BEST RATING (A-: VII or greater): A: XIII
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17
A.
INSURANCE COMPANY: Wesco Insurance Company
B.
AM BEST RATING (A-: VII or greater) A: XIII
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes 0 No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17
A.
INSURANCE COMPANY: Security National Insurance Co.
B.
AM BEST RATING (A-: VII or greater): A: XIII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
3/1/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
CONCR-H OP ID: DUST
��'� CERTIFICATE OF LIABILITY INSURANCE
D TE(MM) s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Crosby Insurance, Inc
8181 E. Kaiser Blvd
CONTACT
NAME:
PHONE
Arc No Ext: 714-2215200 Fax No): 714-2215210
ADDRESS:
Anaheim Hills, CA 92808
Christopher Hopper
INSURER(S) AFFORDING COVERAGE NA1C 3
INSURERA: Wesco Insurance Company 25011
INSURED Concrete Coring Company
INSURERS:Travelers Property Casualty 25674
14005 Orange Avenue
Paramount, CA 90723
NsuRERe:Securi National Insurance Co 19879
CLAIMS -MADE O OCCUR
INSURER D;
INSURER E :
WPP1082396 03
INSURER F :
012972017
COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: 001
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TWE OF INSOLICY
URANCE
100 Civic Center Dr.
POLICY NUMBER
MID
EXP
MID
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,00
CLAIMS -MADE O OCCUR
X
X
WPP1082396 03
012872016
012972017
PREMISES Es occurrence $ 100,00
MED EXP (Any one person) $ 5,00
PERSONAL & ADV INJURY $ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER
GENERAL AGGREGATE $ 2,000,OO
POLICY FX] JPEa E] LOC
PRODUCTS -COMIAGG $ 2,000,00
$
OTHER.
AUTOMOBILE LIABILITY
C0MBIN SINGLE LIMIT $ 1,000,00
Ea a atlenq
BODILY INJURY (Per person) $
A
X ANY AUTO
X
X
WPPI08239603
01282016
0128/2017
BODILY INJURY (Per accident) $
ALL OWNED SCHEDULED
AUTOS AUTOS
NONFOYMED
X HIRED.AUTOS X AUTOS
PROPER ANAGE $
Per accident
$
x
UMBRELLA LIAR
X
OCCUR
EACH OCCURRENCE $ 5,000,00
AGGREGATE $ 5,000,00
B
EXCESS LAS
CI -AIMS -MADE
UP45NO3414-16-NF
01282016
01282017
DED I X I RETENTION $ 10,000
Is
C
WORKERS COMPENSATIONPER
AND EMPLOYERS'LIABILITY
CUnVE Y�
ANY OFFICERMIEMBERPARTN DED
(Mandatory In NH)
N/A
X
SWC1100916
01292016
01282017
X STATUTE ERTM
E.L. EACHACCIDENT $ 1,000,00
E.L. DISEASE - EA EMPLOYEE $ 1,000,00
EL. DISEASE -POLICY LIMIT $ 1,000,00
If as, descnbe under
DESCRIPTION OF OPERATIONS below
A
Leased and Rented
PP7082396 03
012872016
01282017
Limit 100,00
Equipment
Ded. 1,00
DESCRIPTION OF OPERATIONS f LOCATIONS VEHICLES (ACORD 101, Additional Remarks schedule, may be attached Ifmom span Is mqulmd)
`TEN DAYS NOTICE OF CANCELLATION WILL BE GIVEN FOR NON-PAYMENT OF PREMIUM.
RE: Operations performed by the named insured under written contract - The
City Newport Beach, its
Of officers, officials employees and agentsare
named as additional insured where requirer� under written contract. (PR)
CERTIFICATE HOLDER CANCELLATION
NEWPORI
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Of Newport Beach
City P
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
100 Civic Center Dr.
Newport Beach, CA 92660
AUTHORIZED REPRESENTATIVE
e 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Policy Number: WPP1082396 03
COMMERCIAL GENERAL LIABILITY
CG 2010 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR
ORGANIZATION
This endorsemant modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s)
Locations Of Covered 929rations
Any person or organization with whom or with which
All locations at which you are performing operations
you have agreed in writing in a contract or
for any person or organization with whom or with
agreement that such person(s) or organizations)
which you have agreed in writing in a contract or
shall be included as an additional insured on your
agreement that such person(s) or organization(s)
policy; however, this insurance will not apply to any
shall be included as an additional insured on your
claim, loss or liability which Is determined to be solely
twlicy,
the result of the additional insured's negligence or
solely the additional insured's responsibility.
Information required to complete this Schedule, if not shown above, will to shown in the Declarations.
A. Section II — Who Is An Insured is amended to
Include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily Injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the fallowing additional
exclusions apply:
This insurance does not apply to "bodily injury" or
'property damage" occurring after;
1. All work, including materials, parts or
equipment fumished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.
CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III—Limits Of Irheurmwe-
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contractor agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever Is less.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
Page 2 of 2 0 Insurance Services Office; Inc., 2012 CG 2010 0413
Policy Number: WPP1082396 03
COMMERCIAL GENERAL LIABILITY
CG 20 37 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person($)
Or Organization(s)
Location And Description Of Completed Operations
Any person or organization with whom or with which
All locations at which you have completed work for
you have agreed in writing in a contract or agreement
any person or organization with whom or with which
that such person(s) or organization(s) shall be included
you have agreed in writing in a contract or agreement
as an additional insured on your policy; however, this
that such person(s) or organization(s) shall be
insurance does not apply to any claim, loss or liability
included as an additional insured on your policy,
which is determined to be solely the result of the
additional insured's negligence or solely the additional
insured's responsibility.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II — Who is An Insured is amended to
include as an additional Insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products -completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III —Limits Of Insurance:
It coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contractor agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: WPP1082396 03 COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Blanket as required by written contract.
will be shown in
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.
CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0
Policy Number: VVPP1082396 03
COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The fallowing is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing In a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1
Policy Number: WPP1082396 03
COMMERCIAL AUTO
CA99018710 13
This Endorsement Changes The Policy. Please Read It Carefully
BUSINESS AUTO COVERAGE EXPANSION
ENDORSEMENT
This endorsement modifies insurance provided by the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply
unless modified by the endorsement.
A. Newly Acquired or Formed
Organizations, Employee Hired Car
Liability and Blanket Additional Named
Insured Status for Certain Entities.
Item 1. Who Is an Insured of Paragraph A.
Coverage under SECTION 11- COVERED
AUTOS LIABILITY COVERAGE Is
amended to add:
d. Any organization you newly acquire or
form, other than a partnership, joint
venture or limited liability com-any, and
over which you maintain ownership of a
majority interest (greater than 50%), will
qualify as a Named Insured; however,
(1) coverage under this provision is
afforded only until the 1800' day
after you acquire or form the
organization or the end of the policy
period, whichever is earlier,
(2) coverage does not apply to "bodily
injury", "property damage" or
"covered pollution cost or expense"
that results from an "accident" which
occurred before you acquired or
formed the organization; and
(3) coverage does not apply If there is
other similar Insurance available to
that organization, or if similar
insurance would have been
available but for its termination or
the exhaustion of its limits of
insurance.
This insurance does not apply if
coverage for the newly acquired or
formed organization is excluded either
by the provisions of this coverage form
or by endorsement.
under a contract or agreement in that
"employee's" name, with your
permission, while performing duties
related to the conduct of your business.
f. Any person or organization you are
required by written contract or
agreement to name as an additional
"Insured', but only with respects to
liability created in whole or in part by
such agreement.
B. Increase Of Loss Earnings Payment
Subpart (4) of a. Supplementary Payments
of Item 2. Coverage Extensions of
Paragraph A. Coverage under SECTION 11
- COVERED AUTOS LIABILITY
COVERAGE is amended to read:
(4) We will pay reasonable expenses
incurred by the "insured" at our
request, including actual loss of
earnings up to $1,000 per day
because of time off from work.
C. Fellow Employee Injured By Covered
Auto You Own Or Hire
Item 5. Follow Employee of Paragraph B.
Exclusions under SECTION II —COVERED
AUTOS LIABILITY COVERAGE is
amended to add:
This exclusion does not apply 9the "bodily
injury" results from the use of a covered
"auto" you own or hire. Such coverage as
Is afforded by this provision is excess over
any other collectible insurance.
D. Limited Automatic Towing Coverage
item 2. Towing, of Paragraph A. Coverage,
under SECTION III - PHYSICAL DAMAGE
COVERAGE is amended to read:
e. An "employee" of yours Is an "insured" 2. Towing
while operating an "auto" hired or rented
Page 1 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA9901971013
Used with permission
We will pay for towing and labor costs
each time that a covered "auto" is
disabled. All labor must be performed at
the place of disablement of the covered
"auto".
a. The limit for "autos' other than
private passenger types Is $250;
b. The limit for "autos" of the private
passenger type is as shown in the
Declarations;
c. No deductible applies to this cover-
age.
E. Item 3. Glass Breakage — Hitting A Bird
Or Animal — Falling Objects or Missiles of
Paragraph A. Coverage under SECTION Ili
— PHYSICAL DAMAGE COVERAGE, is
amended to add:
Glass Repair Coverage
We will waive the Comprehensive
deductible for Glass, if one is indicated on
your covered 'auto", for glass repairs. We
will repair at no cost to you, any glass that
can be repaired without replacement,
provided the 'loss" arises from a covered
Comprehensive "loss" to your "auto".
F. Increase Of Transportation Expense
Coverage
Subpart a. Transportation Expenses of
Item 4. Coverage Extensions of Paragraph
A. Coverage under SECTION III —
PHYSICAL DAMAGE COVERAGE is
amended to read:
a. Transportation Expenses
We will pay up to $50 per day to a
maximum of $1,000 for temporary
transportation expense incurred by you
because of the total theft of a covered
"auto" of the private passenger type.
We will pay only for those covered
"autos" for which you carry either
Comprehensive or Specified Causes of
Loss Coverage or Theft Coverage. We
will pay for temporary transportation
expenses incurred during the period
beginning 48 hours after the theft and
ending, regardless of the policy's
expiration, when the covered "auto" is
returned to use or we pay for its "loss".
G. "Personal Effects" Coverage
Item 4. Coverage Extensions of Paragraph
A. Coverage, under SECTION III -
PHYSICAL DAMAGE COVERAGE, Is
amended to add:
We will pay actual cash value far "loss" to
"personal effects" of the "insured" while in
a covered "auto" subject to a maximum
limit of $2,500 per"loss", for thatcovered
"auto" caused by the same 'accident'. No
deductible will apply to this coverage.
H. "Downtime Loss" and Rental
Reimbursement Coverage
Item 4. Coverage Extensions, of
Paragraph A. Coverage, under SECTION
III, PHYSICAL DAMAGE COVERAGE, Is
amended to add:
"Downtime Loss" and Rental
Reimbursement Coverage
We will pay any resulting 'downtime loss"
and rental reimbursement expenses you
sustain as a result of a covered physical
damage "loss" to a covered "auto" up to a
combined maximum of $100 per day, for a
maximum of 30 days for the same
physical damage "loss", subject to the
following conditions:
a. We will provide "downtime loss" and
rental reimbursement beginning on
the 80 day after:
(1) We have given you our
agreement to pay for repairs to
a covered "auto" and you have
given the repair facility your
authorization to make repairs; or
(2) Coverage for "downtime loss"
and rental reimbursement
expenses will end when any of
the following occur:
(a) You have a spare or
reserve 'auto" available to
you to continue our
operations.
(b) You purchase a
replacement "auto".
(c) Repairs to your covered
"auto" have been completed
by the repair facility and
they determine the covered
"auto" Is road -worthy.
(d) You reach the 30 day
maximum coverage.
I. "Personal Effects" Exclusion
Paragraph B. Exclusions under SECTION
111— PHYSICAL DAMAGE COVERAGE, Is
amended to add;
"Personas Effects" Exclusion
"Personal Effects" Coverage We will not pay for "loss' to "personal
effects" of any of the following:
Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA900187 1013
Used with permission
a. Accounts, bills, currency, deeds,
evidence of debt, money, notes,
Securities or commercial paper or
other documents of value.
b. Bullion, gold, silver, platinum, or other
precious alloys or metals; furs or fur
garments; jewelry; watches; precious
or semi-precious stones.
c. Paintings, statuary and other works of
art.
d. Contraband or property in the course
of Illegal transportation or trade.
a. 'Loss" caused by theft, unless there Is
evidence of forced entry into the
covered 'auto" and a police report is
filed.
J. Accidental Airbag Discharge Coverage
hem 3.e. of Paragraph B. Exclusions under
SECTION 111— PHYSICAL DAMAGE
COVERAGE is emended to read:
a. Wear and tear, freezing, mechanical
or electrical breakdown. The
exclusion relating to mechanical
break -down does not apply to the
accidental discharge of an air bag.
K. Loan or Lease Gap Coverage
Paragraph C. Limit Of Insurance under
SECTION Ig— PHYSICAL DAMAGE
COVERAGE is amended to add:
If a covered "auto" is owned or [eased and
if we provide Physical Damage Coverage
on it, we will pay, in the event of covered
total `loss", any unpaid amount due on the
lease or loan for a covered "auto", less:
a. The amount paid under the Physical
Damage Coverage Section of the
policy; and
b. Any:
(1) Overdue lease or loan
payments including penalties,
interest or other charges
resulting from overdue
payments at the time of the
"loss';
(2) Financial penalties imposed
under a lease for excessive use.
abnormal wear and tear or high
mileage;
(3) Costs for extended warranties,
Credit Life Insurance, Health,
Accident or Disability Insurance
purchased with the loan or
lease;
(4) Security deposits not refunded
by the lessor, and
(5) Carry-over balances from
previous loans or leases
L. Aggregate Deductible
Paragraph D. Deductible under SECTION
01— PHYSICAL DAMAGE COVERAGE is
amended to add:
Regardless of the number of covered
`autos' involved In the same "loss', only
one deductible will apply to that "loss". If
the deductible amounts vary by "autos",
then only the highest applicable deductible
will apply to that 1m'.
M. Diminishing Deductible
Paragraph D. Deductible under SECTION
III — PHYSICAL DAMAGE COVERAGE is
amended to add:
Any deductible will be reduced by the
percentage indicated below on the first
"loss" reported during the corresponding
policy period:
Loss Free Policy Period*
Nth the Expansion
Endorsement
Dedudhole
Reduction on the
nrst "loss"
1
096
2
25%
3
5D%
4
75%
5
100%
If we pay a Physical Damage `loss" during
the policy period under any BUSINESS
AUTO COVERAGE FORM you have with
us, your deductible stated in the
Declaration's page of each such
COVERAGE FORM will not be reduced on
any subsequent claims during the remainder
of your policy period and your deductible
reduction will revert back to 0% for each
such COVERAGE FORM If coverage is
renewed.
N. Knowledge of Loss and Notice To Us
Subsection a. of Item 2. Duties In the Event
of Accident, Claim, Suit or Loss of
Paragraph A. Loss Conditions under
SECTION IV — BUSINESS AUTO
CONDITIONS is amended to add:
However, prompt notice of the "accident",
claim, "suit" or'loss" to us or our
authorized representative only applies
after the "accident", claim, "suit" or "loss' Is
known to:
Page 3 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA9901871013
Used with permission
(1) You, if you are an Individual;
(2) A partner, if you are a partner -ship;
(3) An "executive officer" or director, If
you are a corporation;
(4) A manager or member, If you are a
limited liability company;
(5) Your insurance manager; or
(6) Your legal representative.
O. Waiver Of Subrogation For Auto Liability
Losses Assumed Under Insured Contract
Item 5. Transfer Of Rights Of Recovery
Against Others To Us of Paragraph A.
Loss Conditions under SECTION IV —
BUSINESS AUTO CONDITIONS is
amended to read:
S. Transfer of Rights of Recovery
Against Others To Us
If any person or organization to or for
whom we make payments under this
Coverage From has rights to recover
damages from another, those right are
transferred to us. That person or
organization must do everything
necessary to secure our rights and must
do nothing after an "accident' or 'loss"
to impair them. However, if the insured
has waived those rights to recover
through a written contract, we will waive
any right to recovery we may have
under this Coverage Form.
P. Insurance Is Primary and
Noncontributory
Subpart a. of Item 5. Other Insurance of
Paragraph S. General Conditions tinder
SECTION IV—BUSINESS AUTO
CONDITIONS is amended to read:
a. This insurance is primary and
noncontributory, as respects any other
insurance.
O. Other Insurance — Hired Auto Physical
Damage
Subpart b. of Item S..Other Insurance of
Paragraph B. General Conditions under
SECTION IV — BUSINESS AUTO
CONDITIONS is amended to read:
b. For Hired Auto Physical Damage
Coverage, the following are doomed
to be covered "autos" you own:
(1) Any covered "auto" you lease,
hire, rent or borrow; and
(2) Any covered "auto" hired or rented
by your "employee" under a
contact in that individual
"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".
R. Unintentional Failure To Disclose
Hazards
Paragraph S. General Conditions under
SECTION IV— BUSINESS AUTO CONDI-
TIONS is amended to add:
9. Your failure to disclose all hazards
existing as of the inception date of this
policy shall not prejudice the coverage
afforded by this policy, provided that
such failure to disclose all hazards is not
intentional. However, you must report
such previously undisclosed hazards to
us as soon as practicable after its
discovery.
S. Additional Definition
SECTION V—DEFINITIONS is amended to
add:
'Tractor means a truck with a gross
vehicle weight in excess of 45,000
pounds.
'Personal effects" means personal
property owned by the "Insured".
'Downtime loss" means actual loss of
'business income' for the period of time
that a covered "auto":
1. Is out of service for repair or
replacement as a result of s covered
physical damage "loss and
2. Is in the custody of a repair facility if
not a total'loss".
"Business Income" means:
1. Net income (Net profit of loss before
income taxes that would have been
earned or incurred; and
2. Continuing normal operating
expenses incurred, including payroll.
In this endorsement, Headinas and Titlos
are Inserted solely for the convenience and
ease of reference. They do not affect the
coverage provided by this endorsement,
nor do they constitute any part of the terms
and conditions of this endorsement. All
other policy wording not specifically
changed, modified, or replaced by this
endorsement wording remains In offect.
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Used with permission
Policy Number: WPP1082396 03 COMMERCIAL AUTO
CA 04 44 0310
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:
Endorsement Effective Rate:
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Blanket as required by written contract
The Transfer Of Rights Of Recovery Against Oth-
ers To Us Condition does not apply to the persons)
or organizations) shown in the Schedule, but only to
the extent that subrogation is waived prior to the "ao-
cident" or the "loss" under a contract with that person
or organization.
CA 04 44 03 10 0 Insurance Services Offlce, Inc., 2009 Page 1 of 1 0
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work
under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on
such remuneration.
Schedule
Person or Organization
Any person or organization as required by written contract
Notes:
Job Description
1. This endorsement maybe used to waive the company's right of subrogation against named third parties who maybe responsible for an
injury.
2. The sentence in( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the
extent that the insured is required to obtain this waiver.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The Information below is required only when this endorsement is Issued subsequent to preparation of the policy.)
Endorsement Effective 1/28/2016 Policy No. SWC1100916 Endorsement No.
Insured Concrete Coring Company Insurance Company Security National Insurance Company
Countersigned By