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HomeMy WebLinkAboutAGMT - W A Rasic (Electrical Upgrades to 15 1st Street)PROFESSIONAL SERVICES AGREEMENT Between City of Seal Beach 211 8th Street Seal Beach, CA 90740 0 W.A. Rasic Construction Company 4150 Long Beach Blvd. Long Beach, CA 90807 (562) 928 -6111 This Professional Service Agreement ('the Agreement ") is made as of October 17, 2018 (the "Effective Date "), by and between W.A. Rasic Construction Company ( "Contractor'), a Contractor, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). RECITALS A. City desires certain professional services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 6 months unless previously terminated as provided by this Agreement. 3.0 Contractor's Compensation City will pay Contractor in accordance with a lump sum fee set forth in Exhibit A for Services but in no event will 'the City pay more than $26,900.00. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit A. 2 of 9 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor; in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The Director of Public Works is the City's representative for purposes of this Agreement. 6.2. Rachelle Lee is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3 of 9 To City: City of Seal Beach 211 8th Street Seal Beach, California 90740 Attn: Public Works Director To Contractor: W.A. Rasic Construction Company 4150 Long Beach Blvd. Long Beach, CA 90807 Attn: Rachelle Lee 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. ITIM 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory, to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to'the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less tlian: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general' aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain 5of9 of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded 'to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce :or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property .or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to .• insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate, against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may'only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7 of 9 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or perfoFmed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and K100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited 'conflict of interest' under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising !out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from :. the losing party all of its attomeys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. in the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties representatives have executed this above written. CITY OF SEAL BEACH By: Steve Myrter, Director of Public Works hereto, through their respective authorized Agreement as of the date and year first CONTRACTOR Peter L. Rasic Its: President �o No✓ 20/8' lkrC3q 9 of9 Exhibit A Scope of Services October 17, 2018 TO: Bidders RE: QUOTES FOR ELECTRICAL SERVICE UPGRADES: 15 1st St. Seal Beach Ca, 90740 Dear Bidders, The City of Seal Beach is soliciting bids for electrical service upgrades in Seal Beach, located at 15 1" Street. Work includes furnishing all labor, materials, equipment, and appurtenances needed to complete installation of work outlined per attached plans. Work must meet all latest editions of Greenbook Standards, Southern California Edison (SCE) Standards and rules, with inspections provided by City of Seal Beach and SCE. Details and scope to include: • Work days and times are Monday- Friday, 8am4pm, unless otherwise approved. • All bidders must bid California Prevailing Wage rates per requirements and be registered with the Department of Industrial Relations (DIR). • All work must meet applicable safety, construction, and traffic requirements and codes while utilizing approved materials specified in Plans. • Use of City Beach and Pier Maintenance Yard is permitted for storage of materials and equipment. • Pavement and traffic striping, site condition, and controls must be re- established after completion and utilizing materials subject to approval (City Of Seal Beach recognizes Greenbook Standards and specifications). • All work must conform to latest (2018) Greenbook Standards and Specifications. • All materials are subject to approval by City of Seal Beach and SCE. • Bidder or representative must attend a man i datory pre - construction meeting. • Work must begin no later than November 12, 2018 A mandatory pre -bid job walk is scheduled for October 24th, 2018 onsite at 10 A.M. Please use this bid form and email your bid electronically to me at dfait @sealbeachca.gov. Bids are due no later than 2:00 p.m, on Thursday, November 1 st, 2018. Bidders are highly encouraged to visit the site to familiarize themselves with the scope of work required prior tolsubmitting a bid. If you have any questions regarding this bid, please do not hesitate to contact me at 562 -431 -2527 x 1432. Sincerely Dave Fait Interim Deputy Director of Public Works, Maintenance and Utilities PROPOSAL Bidders Name_ The undersigned, as bidder, declares that: (1) -this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein as swom in the attached Non - Collusion Affidavit; (2)- bidder has carefully examined the Specifications, Instructions; and (3)- bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore) bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder to enter into a contract with the City Council of the CITY OF SEAL BEACH, to perform said 'proposed work in accordance with the Plans, if any, and the terms of the Specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment. apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said Specifications, for the following stated unit prices or lump sum price as submitted on the Bid Sheet herein. The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. This Safety Record must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each such partnership, joint venture, or corporate or individual bidder. The bidder may attach any additional information or explanation of data which he would like to be taken into consideration in evaluating the safety record. An explanation of the circumstances surrounding any and all fatalities must be attached. 2 QUOTES FOR ELECTRICAL SERVICE UPGRADES BID SHEET NO / Total: 2& goo i TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ & Total Bid Price in Numbers Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN; WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth 3 Uriit of No. Item Description Measure Est. Qty Unit Price Item Cost 1 Mobilization Furnish all materials and appurtenances for scope 1 of work per plan L.S. 1 Trenching and installation 2 of ducts L.S. 1 / Trenching and installation 3 1 of Structure /Pad S 1 4 Site Restoration L.S. 1 5 SCE Coordi Zion L.S. 1 NO / Total: 2& goo i TOTAL BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES): $ & Total Bid Price in Numbers Total Bid Price in Written Form IN CASE OF DISCREPANCY BETWEEN; WORDS AND FIGURES, THE WORDS SHALL PREVAIL. NOTE: The City reserves the right to award a contract to the lowest responsible bidder in parts or in its entirety and reserves the rights to reject all bids and re- advertise, as appears to be in the best interests of the City. A bid is required for this entire work, the estimated quantities set forth 3 in this Bid Sheet being solely for the purpose of comparing bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid] unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned bidder agrees that, if awarded the Contract, bidder will complete all work according to the contract documents. If bidder is an individual, name and signature of individual must he provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint venture's or of fewer than all of the partners /joint venture's if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, joint venture's, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners, joint venture's, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. The City of Seal Beach reserves the right to reject all bids. Ac®RDe CERTIFICATE OF LIABILITY INSURANCE 10/17/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require; an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Associates Insurance 1594 N. Batavia Street Orange, CA 92867 gow T NAME: PHONE (714) 524 -4949 FAX Hal; (714) 524 -4940 E-MAIL INSURERS AFFORDING COVERAGE NMCA INSURER A:Travelers Indemnity CO of CT 25682 INSURED W.A. Rasic Construction Co., Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 I INSURER 8: INSURER C: 211 St 211 8th Street msuRER O: Beach, CA 90740 INSURER E: E 2,000,000 INSURER F E 300,000 COVERAGES CERTIFICATE NUMBER: I REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOr MTHSTANDING 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, LIE TYPEOFINSURANCE im Jim POLICY NUMBER POLICY EFF IMMI POLICY UP IMM.IDDNYYYj UMDS GENERAL UASIUTY gUTHORQ.EO REPRESENTATIVE ) 211 St 211 8th Street Seal Beach, CA 90740 EACH OCCURRENCE E 2,000,000 PREMISES Ea ocahena E 300,000 A X COMMERCIAL GENERAL LIABILITY CWMS#WDE OCCUR X T22 -CO- 8670X297- TCT -18 /1/2018 /1/2019 MEO FxP (Any one erwn) E 10, 000 PERSONAL d ADV INJURY E 2,000,000 GENERAL AGGREGATE E 4,000,000 • GENL AGGREGATE LIMIT APPLIES PER PROOUCTS- COMP /OP AGG E 4,000,000 POLICY X PRO LOC E AUTOMOBILE LIABILITY COMBINED SINGLE MI IEa e A X ANY AUTO ALL OWNED r7 SCHEDULED AUTOS AUTOS %{ T -910- 8670X247- TCT -19 /1/2018 /1/2019 BODILY INJURY (P. person) .2,000,000 E BODILY INJURY (Pw aztider,l) E NON -OMED HIRED AUTOS AUTOS PROPERTY OAMAG P E Unmeurad masxLSl ccmGned E UMBRELLA LIAR OCCUR EACH OCCURRENCE E AGGREGATE E EXCESS LAB CLAIMS-MADE DED RETENTIONS E WORKERS COMPENSATION WCs OTT' AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER,EXECUTIVE OFFICERIMEMBER EXCLUDED' ❑ NIA TQRYIDI FIR E.L EACH ACCO)ENi E EL DISEASE -EA EMPLOYE E (MxWtory In NH) K RIPTIOe OFO DESCRIPTION OF OPERATIONS ONO.+ E OISEPSE - POIJCY UNIT I E DESCMPnONOFOPERATIONSILOCATIONSI VEHICLES fAMch ACORD101,Addlllami Ramw ScledWe, R man space N nRViced) (WAR #18TC -26) Re: Operations usual to the named insured - River's End Cafe Grease Interceptor Installation - City of Seal Beach, its directors,, officials, officers, employees, agents and volunteers are added as additional insured including primary, wording where required by written contract as respects general liability 6 auto per attached CGD246 8/05, CAT353 2/15 S CAT474 2/16. General Liability Deductible: NIL It Auto Liability Deductible: NIL 30 days notice of cancellation except 10 days fowl non - payment. CERTIFICATE HOLDER I CANCELLATION ACORD 25 (2010106) 1 1 ® 1988.2010 ACORD CORPORATION. All rights reserved. INS025 (2010051.01 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Wifk THE POLICY PROVLSIOAJS. City of Seal Beach ; City Manager gUTHORQ.EO REPRESENTATIVE ) 211 St 211 8th Street Seal Beach, CA 90740 ACORD 25 (2010106) 1 1 ® 1988.2010 ACORD CORPORATION. All rights reserved. INS025 (2010051.01 The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY I BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided undier the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring Insurance" to include as an additional insured on this Cover- age Part, but: I a) Only with respect to liability for "bodily injury, 'property damage" or "personal injury"; and b) If, and only to the extent that, the Injury Ior damage is caused by acts or omissions I of you or your subcontractor in the performance of "your work" to which the 'written contract requiring Insurance" applies. The person Ior organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization'. 2. The insurance provided to the additional insurlIad by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the 'written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that 'written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The Insurance provided to the additional in- sured does not apply to 'bodily Injury", 'prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing Ito prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications; and, !I. Supervisory, inspection, architectural for engineering activities. The insurance provided to the additional in- sured does not apply to 'bodily injury" or "property damage" caused by "your work" and included in the "products - completed op- erations hazard' unless the 'written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that, person or organization as a named insured for such loss, and we will not share with that "other insurance". But the Insurance provided to the additional Insured by this endorsement still is excess over any valid and collectible "other in- surance', whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional Insured under such "other Insur- ance'. 4. As a condition of coverage provided 'to the additional Insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an *occur- rence" or an offense which may result in a claim. To the extent possible, such notice should Include: CG D2 46 08 05 ® 2005 The St PIaul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" or offense took place; It. The names and addresses of any Injured persons and witnesses; and iii. The nature and location of any injury, or damage arising out of the "occurrence", or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must L Immediately record the specifics of the claim or "suit' and the date received; and Ii. Notify us as soon as practicable. The additional Insured must see to it that 'we receive written notice of the claim or "suit' gas soon as practicable. I c) The additional insured must immediately send us copies of all legal papers received In connection with the claim or "suit, cooperate with us in the investigation or settlementlof the claim or defense against the "suit", and otherwise comply with all policy conditions. , d) The additional insured must tender the de- fense and indemnity of any claim or'sult'ito any provider of "other insurance' which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the 'personal Injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and a Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 THIS ENDORSEMENT CHANGES BUSINESS AUTO This endorsement modifies insurance provided un BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - Thi injury, damage or medical expenses described in limited by another endorsement to the Coverage F the extent that coverage is excluded or limited by age description only. Limitations and exclusions m dorsement and the rest of your policy carefully to d A. BROAD FORM NAMED INSURED OB. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO COMMERCIAL AUTO POLICY. PLEASE READ IT CAREFULLY. NSION ENDORSEMENT the following: endorsement broadens coverage. However, coverage for any ny of the provisions of this endorsement may be excluded or it, and these coverage broadening provisions do not apply to uch an endorsement. The following listing is a general cover - r apply to these coverages. Read all the provisions of this en- terming rights, duties, and what is and is not covered. D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COV- ERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the ci - ganization or the end of the policy period, which- ever is earlier. OBLANKET ADDITIONAL INSURED The following is added to Paragraph c, in A.1r, Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you ani'1 that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION If - COV• ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 6.5., Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 contract in an "employee's" name, with your CA T3 53 02 15 ® 2015 The Travelers Indelmnity Company. All rights reserved. Page 1 of 4 Includes copyrighted materiel of Insuianca services Office, Inc. with Its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULANKET ADDITIONAL INSURED - PRIMARY AND NON- CONTRIBUTORI WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 11 PROVISIONS The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who, I you are required under a written contract or agreement between you and that person or organization, that is signed by you before Ithe "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured ". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a, and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non - contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non - contributory. CA T4 74 02 16 ® 2016 The Travelers lodemnity Company. All rights reserved. Page 1 Of 1 Includes copynghled material of Insurance Services Office, Inc. with its permission. A`OR °® CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns 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 CONTACT NAME: PNONE (7l4)524 -4949 PAX (714) 524-4940 Commercial Associates Insurance 1594 N. Batavia Street E -MAIL Orange, CA 92867 INSURE P451 AFFORDING COVERAGE NAIC0 INSURERA:Travelers Prop Cas Cc of Amer 25674 I INSURED INSURER B: INSURER C: W.A. Rasic Construction CO., Inc. INSURER D: 4150 Long Beach Blvd. INSURER E: Long Beach, CA 90807 INSURER F: COVERAGES CERTIFICATE NUMBER: I REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO NMICH 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 TYPE OF INSURANCE A POLICY NUMBER POLICY EFF I POLICY EXP MMIDD LJYRS GENERALUABIUTY EACH OCCURRENCE I PREMI SE 0-R�T lEa- TED r f COMMERCIAL GENERAL LIABILITY ULNMS -MADE D OCCUR MED EXP. (Arry are Persm) I PERSONAL B ADV INJURY S GENERAL AGGREGATE S GENL AGGREGATE UMR APPLIES PER: PRODUCTS - COMPNP AGG S $ POLICY FRO LOC AUTOMOBILE LIABILITY COMBINED IN LE LIMB Eea id N BODILY INJURY( Per Person) $ ANY AUTO BODILY INJURY IPera¢p -1) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE P I I NON -OMED HIRED AUTOS AUTOS 3 i UMBRELLA LUU3 OCCUR EACH OCCURRENCE S AGGREGATE I& EXCESS LUIS CI IUMS-MADE BED RETENTION I I A VIORKERS COMPENSATION X MSTATU- OTH- TORY I IMUR FR AND EMPLOYERS' LIABILITY ANY PROPRIETORIPMTNER /EXECUTIVE YIN OFFICERAIEYBER EXCLUDEW IYandawyin NH) NIA _7K520785- 10 -26 -G /1/2018 /1/2019 EL EACH ACCIDENT S 1 000 000 EL DISEASE -EA EMPLOYEE A 1,000,000 ff yea. deamDe MMer DESCRIPTION OF OPERATIONS belPw EL DISEASE -POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES PLUMACORD101,AddMA RImar sSLhedWa,KmanaPaea IsmgW I (WAR#lSTC -26) Re: Operation usual to the named insured - River's End Cafe Grease Interceptor Installation Workers Compensation Deductible: NIL 30 days notice of cancellation except 10 days for non - payment. I CERTIFICATE HOLDER I CANCELLATION fSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDING ITH THE POLICY PROVISIONS. City of Seal Beach Attn: City Manager AUTHORIZED RESENTATNE 211 Bth Street Seal Beach, CA 90740 I ACORD 25 (201 0105) ©1988 -2010 ACORD CORPORATION. Alt rights reserved. INS025I2O1oo5>o1 The ACORD name and logo are registered marks of ACORD